reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0415. Disposal of Diseased or Exposed Livestock or Fowl

Sec. 161.0415.  DISPOSAL OF DISEASED OR EXPOSED LIVESTOCK OR FOWL.  (a)  The commission by order may require the slaughter of livestock, domestic fowl, or exotic fowl, under the direction of the commission, or the sale of livestock, domestic fowl, or exotic fowl for immediate slaughter at a public slaughtering establishment maintaining federal or state inspection if the livestock, domestic fowl, or exotic fowl is exposed to or infected with a disease other than bluetongue or vesicular stomatitis that:
(1)  is recognized by the United States Department of Agriculture as:
(A)  a foreign animal disease; or
(B)  a reportable animal disease;
(2)  is the subject of a cooperative eradication program with the United States Department of Agriculture;
(3)  is an animal disease reportable to the World Organisation for Animal Health; or
(4)  is the subject of a state of emergency, as declared by the governor.
(b)  The commission by order may require the slaughter and disposal of livestock, domestic fowl, or exotic fowl exposed to or infected with a disease not listed in Subsection (a) if the commission determines that action to be necessary for the protection of animal health in this state.  The commission shall immediately deliver a copy of an order issued under this subsection to the appropriate legislative oversight committees.
(c)  A person may appeal an order of the commission under this section as provided by Chapter 2001, Government Code.
(d)  The Texas Commission on Environmental Quality may not adopt a rule related to the disposal of livestock under this section unless the rule is developed in cooperation with and is approved by the Texas Animal Health Commission.
Added by Acts 1999, 76th Leg., ch. 764, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1333, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 149 (H.B. 1521), Sec. 1, eff. May 24, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 149 (H.B. 1521), Sec. 2, eff. May 24, 2013.
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0416. Emergency Management

Sec. 161.0416.  EMERGENCY MANAGEMENT.  (a)  The commission may prepare and plan for, respond to, and aid in the recovery from disaster events that may affect livestock, exotic livestock, domestic fowl, or exotic fowl, including disease outbreaks, hurricanes, floods, tornadoes, wildfires, and acts of terrorism.
(b)  The commission may assist with local emergency management planning.  This subsection may not be construed to affect the commission's responsibility under any other law, including Chapter 418, Government Code, or any responsibility delegated to the commission by an emergency management authority of this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 12, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0417. Authorized Personnel for Disease Control

Sec. 161.0417.  AUTHORIZED PERSONNEL FOR DISEASE CONTROL.  (a)  A person, including a veterinarian, must be authorized by the commission in order to engage in an activity that is part of a state or federal disease control or eradication program for animals.
(b)  The commission shall adopt rules for the authorization of a person described by Subsection (a).
(c)  The commission may, after reasonable notice, suspend or revoke a person's authorization under Subsection (a) if the commission determines that the person has substantially failed to comply with this chapter or rules adopted under this chapter.
(d)  A person is entitled to a hearing before the commission or a hearing examiner appointed by the commission before the commission may revoke the person's authorization under Subsection (a).  The commission shall make all final decisions to suspend or revoke an authorization.
(e)  This section does not affect the requirement for a license or an exemption under Chapter 801, Occupations Code, to practice veterinary medicine.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1090 (H.B. 3569), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.042. Sale and Distribution of Veterinary Biologics

Sec. 161.042.  SALE AND DISTRIBUTION OF VETERINARY BIOLOGICS.  The commission may control the sale and distribution of all veterinary biologics except rabies vaccine.  Rabies vaccine shall be sold, distributed, dispensed, and administered in compliance with Chapter 826, Health and Safety Code and the rules adopted thereunder by the Texas Board of Health.
Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., p. 2605, ch. 693, Sec. 25, eff. Jan. 1, 1982;  Acts 1985, 69th Leg., ch. 723, Sec. 3, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 14, Sec. 284(73), eff. Sept. 1, 1991.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.043. Regulation of Exhibitions

Sec. 161.043.  REGULATION OF EXHIBITIONS.  The commission may regulate the entry of livestock, domestic animals, and domestic fowl into exhibitions, shows, and fairs and may require treatment or certification of those animals as reasonably necessary to protect against communicable diseases.
Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.044. Regulation of Livestock Movement From Stockyards or Railway Shipping Pens

Sec. 161.044.  REGULATION OF LIVESTOCK MOVEMENT FROM STOCKYARDS OR RAILWAY SHIPPING PENS.  The commission may regulate the movement of livestock out of stockyards or railway shipping pens and require treatment or certification of those animals as reasonably necessary to protect against communicable diseases.
Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0445. Regulation of Export-Import Processing Facilities

Sec. 161.0445.  REGULATION OF EXPORT-IMPORT PROCESSING FACILITIES.  (a)  In this section, "export-import facility" means a public or private livestock export-import processing facility that is a land border port in this state with the capacity to receive and hold livestock and livestock products for transportation in international trade.  The term includes a department facility authorized by Subchapter B, Chapter 146.
(b)  The owner or person in charge of an export-import facility shall notify the commission not later than 24 hours after an animal received or held at the facility is refused export out of this state or entry into another country.
(c)  The commission may require that an animal held at an export-import facility be tested or treated for a disease or pest if an authorized commission employee considers the test or treatment necessary.  The commission may require the testing or treatment be performed before the animal is removed from the export-import facility.  This state is not liable for the amount of any fee charged for the testing or treatment.
(d)  The commission may, for disease or pest control purposes, adopt rules necessary to implement, administer, and enforce this section.  The rules may include reporting and recordkeeping requirements and provisions governing the movement, inspection, testing, or treatment of animals.
(e)  A person commits an offense if the person knowingly moves an animal in violation of a rule adopted under this section.
(f)  An offense under this section is a Class C misdemeanor, except that the offense is a Class B misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 329 (H.B. 1958), Sec. 1, eff. June 7, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.045. Employees; Chief Veterinarian

Sec. 161.045.  EMPLOYEES;  CHIEF VETERINARIAN.  The commission may employ personnel as necessary in the administration of this chapter or other duties of the commission, including a chief veterinarian, a first assistant veterinarian, other veterinarians, and clerical personnel.
Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.046. Rules

Sec. 161.046.  RULES.  The commission may adopt rules as necessary for the administration and enforcement of this chapter.
Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 14, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.047. Entry Power

Sec. 161.047.  ENTRY POWER.  (a)  A commissioner or a veterinarian or inspector employed by the commission may enter public or private property for the exercise of an authority or performance of a duty under this chapter.
(b)  If the commissioner, veterinarian, or inspector under Subsection (a) of this section desires to be accompanied by a peace officer, he or she shall apply for a search warrant to a magistrate of the county in which the property is located.  The magistrate shall issue the search warrant on a showing of probable cause by oath or affirmation.  The search warrant shall describe the place to be entered in a reasonable manner that will enable the owner or caretaker of the property to identify the property described, but the warrant is not required to describe the property by field notes or by metes and bounds.
(c)  A search warrant issued under this section authorizes the person to whom it is issued to be accompanied by a peace officer and by as many assistants as the person considers necessary.
(d)  A search warrant issued under this section permits entry and reentry for the purposes of this section for 30 days after the day on which it is issued.  After that period, additional search warrants may be issued as often as necessary.
Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.048. Inspection of Shipment of Animals or Animal Products

Sec. 161.048.  INSPECTION OF SHIPMENT OF ANIMALS OR ANIMAL PRODUCTS.  (a)  An agent of the commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to:
(1)  determine if the shipment is in compliance with the laws and rules administered by the commission affecting the shipment;
(2)  determine if the shipment originated from a quarantined area or herd;  or
(3)  determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease.
(b)  The commission may detain a shipment of animals or animal products that is being transported in violation of law or a rule of the commission.  The commission may require that the shipment be unloaded at the nearest available loading facility.
(c)  The commission may not inspect a railroad train at any point other than a terminal.
(d)  The commission may post signs on public highways and use signaling devices, including red lights, in conjunction with signs, if necessary to effectively signal and stop vehicles for inspection.
(d-1)  The commission may enter into an agreement with a corporation or other private entity to provide goods or services for the establishment and operation of checkpoints or the performance of inspections under this section.
(e)  In this section, "animal product" includes hides;  bones;  hoofs;  horns;  viscera;  parts of animal bodies;  litter, straw, or hay used for bedding;  and any other substance capable of carrying insects or a disease that may endanger the livestock industry.
Acts 1981, 67th Leg., p. 1397, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 16, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1337 (S.B. 9), Sec. 4, eff. June 18, 2005.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.049. Dealer Records

Sec. 161.049.  DEALER RECORDS.  (a)  In this section, "dealer" means a person engaged in the business of buying or selling animals in commerce:
(1)  on the person's own account;
(2)  as an employee or agent of the vendor, the purchaser, or both;  or
(3)  on a commission basis.
(b)  A "dealer" as defined by Subsection (a) of this section does not include a person who buys or sells animals as part of the person's bona fide breeding, feeding, dairy, or stocker operations but does include livestock markets and commission merchants.
(c)  The commission may require a livestock, exotic livestock, domestic fowl, or exotic fowl dealer to maintain records of all livestock, exotic livestock, domestic fowl, or exotic fowl bought and sold by the dealer.
(d)  The commission may inspect and copy the records of a livestock, exotic livestock, domestic fowl, or exotic fowl dealer that relate to the buying and selling of those animals.
(e)  The commission by rule shall adopt the form and content of the records maintained by a dealer under Subsection (c) of this section.
Added by Acts 1989, 71st Leg., ch. 836, Sec. 15, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 17, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.050. Injunction

Sec. 161.050.  INJUNCTION.  The commission is entitled to appropriate injunctive relief to prevent or abate a violation of a statute administered or enforced by the commission or a rule adopted or order issued by the commission under such a statute.  On request of the commission, the attorney general shall file suit for the injunctive relief.  Venue is in Travis County.
Added by Acts 1989, 71st Leg., ch. 836, Sec. 16, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 548, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.051. Memorandum of Understanding on Enforcement of Commission Powers

Sec. 161.051.  MEMORANDUM OF UNDERSTANDING ON ENFORCEMENT OF COMMISSION POWERS.  (a)  The commission and the Department of Public Safety by rule shall adopt a joint memorandum of understanding that includes provisions under which Department of Public Safety officers are to check for health papers and permits when a livestock vehicle is stopped for other reasons in the regular course of the officers' duties.  The memorandum shall require:
(1)  commission staff to provide information to Department of Public Safety officers regarding health papers and permits;
(2)  Department of Public Safety officers to report potential problems to the commission;
(3)  commission staff to investigate possible violations reported by Department of Public Safety officers;
(4)  Department of Public Safety officers to provide assistance when requested by the commission;  and
(5)  commission personnel to notify the Department of Public Safety, when appropriate, of the location of commission roadblocks or special or night operations.
(b)  The commission and the Department of Public Safety shall review and update the memorandum not later than the last month of each state fiscal year.
Added by Acts 1989, 71st Leg., ch. 836, Sec. 17, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.052. Memorandum of Understanding on Cooperation With Local Authorities

Sec. 161.052.  MEMORANDUM OF UNDERSTANDING ON COOPERATION WITH LOCAL AUTHORITIES.  (a)  The commission and the commissioners court of a county by rule may adopt a joint memorandum of understanding that includes provisions under which the sheriff of that county or the sheriff's deputies are to check for health papers and permits when a livestock vehicle is stopped for other reasons in the regular course of the sheriff's or the deputies' duties.  The memorandum shall require:
(1)  commission staff to provide information to the sheriff and the deputies regarding health papers and permits;
(2)  the sheriff and the deputies to report potential problems to the commission;
(3)  commission staff to investigate possible violations reported by the sheriff or the deputies;
(4)  the sheriff or deputies to provide assistance when requested by the commission;  and
(5)  commission personnel to notify the sheriff, when appropriate, of commission roadblocks located in the county or special or night operations planned for the county.
(b)  The commission and each commissioners court with which the commission adopted a memorandum of understanding shall review and update the memorandum not later than the last month of each state fiscal year.
Added by Acts 1989, 71st Leg., ch. 836, Sec. 18, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0525. Memorandum of Understanding on Cooperation With Other States

Sec. 161.0525.  MEMORANDUM OF UNDERSTANDING ON COOPERATION WITH OTHER STATES.  The commission by rule, subject to approval by the governor, may adopt a joint memorandum of understanding with another state that includes provisions under which the commission and the other state may provide assistance to each other in the case of an animal disease outbreak.
Added by Acts 1999, 76th Leg., ch. 764, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.053. Cooperative Agreements

Sec. 161.053.  COOPERATIVE AGREEMENTS.  The commission may enter into a cooperative agreement with the department to use for animal health purposes livestock export pens controlled by the department.
Added by Acts 1995, 74th Leg., ch. 554, Sec. 18, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.054. Regulation of Movement of Animals; Exception

Sec. 161.054.  REGULATION OF MOVEMENT OF ANIMALS; EXCEPTION.  (a)  As a control measure, the commission by rule may regulate the movement of animals, including feral swine.  The commission may restrict the intrastate movement of animals, including feral swine, even though the movement of the animals is unrestricted in interstate or international commerce.  The commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved.
(b)  The commission by rule may prohibit or regulate the movement of animals, including feral swine, into a quarantined herd, premise, or area.
(c)  The commission may not adopt a rule that prohibits a person from moving animals, including feral swine, owned by that person within unquarantined contiguous lands owned or controlled by that person.
(d)  On application of the owner of an animal, including a feral swine,  a restriction on the movement of the animal imposed under this chapter may be modified by order of the executive director of the commission if the owner demonstrates that the restriction will result in unusual hardship for the owner.  In considering an application under this section, the executive director may consider the effect of prolonged drought, inadequacy of pasturage or unusual feed supply resulting from disaster or other unforeseeable circumstances, or economic hardship.
(e)  In connection with the regulation of the movement of feral swine, the commission by rule may require disease testing before movement of a feral swine from one location to another, and establish the conditions under which feral swine may be transported.
(f)  The commission's authority to regulate the movement of feral swine may not interfere with the authority of the Parks and Wildlife Department to regulate the hunting or trapping of feral swine.
Added by Acts 1995, 74th Leg., ch. 31, Sec. 1, eff. April 27, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 13, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0541. Elk Disease Surveillance Program

Sec. 161.0541.  ELK DISEASE SURVEILLANCE PROGRAM.  (a)  The commission by rule may establish a disease surveillance program for elk.
(b)  Rules adopted under this section must:
(1)  require each person who moves elk in this state to have elk tested for chronic wasting disease or other diseases as determined by the commission;
(2)  be designed to protect the health of the elk population in this state; and
(3)  include provisions for testing, identification, transportation, and inspection under the disease surveillance program.
(c)  A person commits an offense if the person knowingly violates a rule adopted by the commission under this section.
(d)  An offense under Subsection (c) is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted of an offense under that subsection, in which event the offense is a Class B misdemeanor.
Added by Acts 2009, 81st Leg., R.S., Ch. 948 (H.B. 3330), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0542. Notice of Wildlife Disease Outbreak

Sec. 161.0542.  NOTICE OF WILDLIFE DISEASE OUTBREAK.  (a)  Notwithstanding any law restricting the disclosure of information by the commission and subject to Subsection (b), if the commission becomes aware of a wildlife disease outbreak on a property, the commission shall provide notice of the location and nature of the outbreak to:
(1)  each owner of adjacent property; and
(2)  the Parks and Wildlife Department.
(b)  Subsection (a) applies only to a disease that the commission has designated as reportable.
Added by Acts 2023, 88th Leg., R.S., Ch. 247 (S.B. 811), Sec. 1, eff. May 27, 2023.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0545. Movement of Animal Products

Sec. 161.0545.  MOVEMENT OF ANIMAL PRODUCTS.  The commission may adopt rules that require the certification of persons who transport or dispose of inedible animal products, including carcasses, body parts, and waste material.  The commission by rule may provide terms and conditions for the issuance, renewal, and revocation of a certification under this section.
Added by Acts 1999, 76th Leg., ch. 764, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.055. Slaughter Plant Collection

Sec. 161.055.  SLAUGHTER PLANT COLLECTION.  (a)  The commission may require slaughter plants to collect and submit blood samples and other diagnostic specimens for testing for disease.
(b)  The commission by rule shall determine the method of collecting, submitting, and testing of blood samples and other diagnostic specimens.
(c)  The owner or operator of a slaughter plant commits an offense if the slaughter plant fails to comply with this section or a rule adopted under this section.  An offense under this subsection is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
Added by Acts 1997, 75th Leg., ch. 273, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.057. Classification of Areas

Sec. 161.057.  CLASSIFICATION OF AREAS.  (a)  The commission by rule may prescribe criteria for classifying areas in the state for disease control.  The criteria must be based on sound epidemiological principles.  The commission may prescribe different control measures and procedures for areas with different classifications.
(b)  The commission by rule may designate as a particular classification an area consisting of one or more counties.
Added by Acts 1995, 74th Leg., ch. 31, Sec. 1, eff. April 27, 1995.  Renumbered from Sec. 161.053 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(2), eff. Sept. 1, 1999.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.058. Compensation of Livestock or Fowl Owner

Sec. 161.058.  COMPENSATION OF LIVESTOCK OR FOWL OWNER.  (a)  The commission may pay an indemnity to the owner of livestock, domestic fowl, or exotic fowl exposed to or infected with a disease if the commission considers it necessary to eradicate the disease and to dispose of the exposed or diseased livestock, domestic fowl, or exotic fowl.  The commission shall provide the owner with information regarding available state or federal indemnity funds.
(b)  The commission may adopt rules for the implementation of this section, including rules governing:
(1)  eligibility for compensation;
(2)  amounts of compensation;  and
(3)  limits and restrictions on compensation.
(c)  The commission may spend funds appropriated for the purpose of this section only for direct payment to owners of exposed or infected livestock, domestic fowl, or exotic fowl.
Added by Acts 1999, 76th Leg., ch. 764, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 149 (H.B. 1521), Sec. 3, eff. May 24, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 149 (H.B. 1521), Sec. 4, eff. May 24, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.059. Quality Assurance Assistance

Sec. 161.059.  QUALITY ASSURANCE ASSISTANCE.  On request of an organization representing producers of a commodity in an industry regulated by the commission, the commission may assist in the development, support, and oversight of a food safety or quality assurance program, including the provision of testing services.
Added by Acts 2001, 77th Leg., ch. 410, Sec. 2, eff. May 28, 2001.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.060. Authority to Set and Collect Fees

Sec. 161.060.  AUTHORITY TO SET AND COLLECT FEES.  (a)  The commission may charge a fee, as provided by commission rule, for an inspection made by the commission.
Added by Acts 2003, 78th Leg., ch. 200, Sec. 5(a), eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1288 (H.B. 1992), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0601. Certificates of Veterinary Inspection

Sec. 161.0601.  CERTIFICATES OF VETERINARY INSPECTION.  (a)  The commission by rule may provide for the issuance, including electronically, of a certificate of veterinary inspection by a veterinarian to a person transporting livestock, exotic livestock, domestic fowl, or exotic fowl.
(b)  The commission by rule shall set and charge a fee for each certificate of veterinary inspection provided to a veterinarian under this section.
Added by Acts 2005, 79th Leg., Ch. 205 (H.B. 1363), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1090 (H.B. 3569), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0602. Persons or Laboratories Performing Equine Infectious Anemia Tests

Sec. 161.0602.  PERSONS OR LABORATORIES PERFORMING EQUINE INFECTIOUS ANEMIA TESTS.  (a) The commission shall adopt rules that require a person or laboratory to be approved by the commission if the person or laboratory performs an official equine infectious anemia test.
(b)  Rules adopted under this section must include:
(1)  approval requirements;
(2)  provisions governing the issuance, renewal, and revocation of an approval;
(3)  inspection requirements;
(4)  recordkeeping requirements;
(5)  equine infectious anemia testing methods approved by the commission; and
(6)  proficiency standards.
Added by Acts 2015, 84th Leg., R.S., Ch. 1264 (H.B. 3738), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0603. Laboratory Testing

Sec. 161.0603.  LABORATORY TESTING.  (a)  The Texas A&M Veterinary Medical Diagnostic Laboratory is the state's regulatory animal health laboratory.
(b)  This section does not prevent the commission from:
(1)  using a laboratory other than the Texas A&M Veterinary Medical Diagnostic Laboratory for a test as needed; or
(2)  collecting specimens and performing field tests to diagnose animal diseases.
(c)  The commission and the Texas A&M Veterinary Medical Diagnostic Laboratory shall enter into a memorandum of understanding to:
(1)  establish the laboratory services to be performed by the Texas A&M Veterinary Medical Diagnostic Laboratory;
(2)  provide reporting requirements for the Texas A&M Veterinary Medical Diagnostic Laboratory on all test requests received from the commission; and
(3)  set fees associated with laboratory services performed for the commission in amounts sufficient to recover the costs of those services.
(d)  The commission and the Texas A&M Veterinary Medical Diagnostic Laboratory shall annually review the memorandum of understanding under Subsection (c).
Added by Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 10, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter D. Quarantines › Section 161.061. Establishment

Sec. 161.061.  ESTABLISHMENT.  (a)  The commission may establish a quarantine against all or the portion of a state, territory, or country in which a disease listed in rules adopted under Section 161.041 exists.
(b)  A quarantine established under Subsection (a) may extend to any affected area, including a county, district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen.
(c)  The commission may establish a quarantine to prohibit or regulate the movement of:
(1)  any article or animal that the commission designates to be a carrier of a disease listed in rules adopted under Section 161.041 or a potential carrier of one of those diseases, if movement is not otherwise regulated or prohibited; and
(2)  an animal into an affected area, including a county district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen.
(d)  The commission by rule may delegate its authority to establish a quarantine under this section to the executive director, who shall promptly notify the members of the commission when a quarantine is established.
Acts 1981, 67th Leg., p. 1397, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 31, Sec. 2, eff. April 27, 1995;  Acts 1995, 74th Leg., ch. 554, Sec. 19, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter D. Quarantines › Section 161.0615. Statewide or Widespread Quarantine

Sec. 161.0615.  STATEWIDE OR WIDESPREAD QUARANTINE.  (a)  The commission may quarantine livestock, exotic livestock, domestic fowl, or exotic fowl in all or any part of this state as a means of immediately restricting the movement of animals potentially infected with disease and shall clearly describe the territory included in a quarantine area.
(b)  The commission by rule may delegate its authority to quarantine livestock, exotic livestock, domestic fowl, or exotic fowl under this section to the executive director, who shall promptly notify the members of the commission of the quarantine.
(c)  The commission by rule shall prescribe the manner in which notice of a statewide or widespread quarantine under this section is to be published.
Added by Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 15, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter D. Quarantines › Section 161.062. Publication of Notice

Sec. 161.062.  PUBLICATION OF NOTICE.  (a)  Except as provided by Section 161.0615, the commission shall give notice of a quarantine against another state, territory, or country by publishing notice in a newspaper published in Texas.  The quarantine takes effect on the date of publication.  The commission shall pay the expense of publication out of any appropriation made for office and stationery expenses of the commission.
(b)  The commission shall give notice of a quarantine established within this state by publishing notice in a newspaper published in the county in which the quarantine is established, by posting notice at the courthouse door of that county, or by delivering a written notice to the owner or caretaker of the animals or places to be quarantined.  The commission may pay the expense of publication or posting out of any appropriation made for the office and stationery expenses of the commission or out of any appropriation made for the control or eradication of communicable diseases of livestock.  The commissioners court of a county in which a quarantine is established may pay the expenses of publication or posting out of any available funds of the county.
Acts 1981, 67th Leg., p. 1398, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 14, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter D. Quarantines › Section 161.063. Contents of Notice

Sec. 161.063.  CONTENTS OF NOTICE.  (a)  A quarantine notice must state the requirements and restrictions under which animals may be permitted to enter this state or to be moved from a quarantined area within this state.  If the seriousness of the disease is sufficient to warrant prohibiting the movement of animals, the notice must state that the movement is prohibited.  The quarantine notice must state the class of persons authorized by the commission to issue certificates or permits permitting movement.
(b)  A quarantine notice must state the cause for which the quarantine is established, whether for infection or for exposure.
(c)  A quarantine notice must describe the area or premises quarantined in a reasonable manner that enables a person to identify the area or premises, but is not required to describe the area or premises by metes and bounds.
(d)  If the quarantine regulates or prohibits the movement of a carrier or potential carrier of a disease, the commission may prescribe any exceptions, terms, conditions, or provisions that the commission considers necessary or desirable to promote the objectives of this chapter or to minimize the economic impact of the quarantine without endangering those objectives or the health and safety of the public.  Any exceptions, terms, conditions, or provisions prescribed under this subsection must be stated in the quarantine notice.
Acts 1981, 67th Leg., p. 1398, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter D. Quarantines › Section 161.064. Effect of Quarantine

Sec. 161.064.  EFFECT OF QUARANTINE.  A quarantine that is established for any location has the effect of quarantining all livestock, domestic animals, or domestic fowl of the kind mentioned in the quarantine notice that are on or enter that location during the existence of the quarantine, regardless of who owns or controls the livestock, domestic animals, or domestic fowl.
Acts 1981, 67th Leg., p. 1398, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter D. Quarantines › Section 161.065. Movement From Quarantined Area; Movement of Quarantined Animals

Sec. 161.065.  MOVEMENT FROM QUARANTINED AREA;  MOVEMENT OF QUARANTINED ANIMALS.  (a)  Except as provided by Subsection (b) of this section, a person, in violation of a quarantine, may not:
(1)  move livestock, domestic animals, or domestic fowl in this state from any quarantined place in or outside this state;
(2)  move quarantined livestock, domestic animals, or domestic fowl from the place in which they are quarantined;  or
(3)  move commodities or animals designated as disease carriers or potential disease carriers in this state from a quarantined place in or outside this state.
(b)  The commission may provide for a written certificate or written permit authorizing the movement of commodities or animals from quarantined places or the movement of quarantined commodities or animals.  The certificate or permit must be issued by a veterinarian or other person authorized by the commission to issue a certificate or permit.  Each certificate or permit must be issued in conformity with the requirements stated in the quarantine notice.
(c)  If the commission finds animals that have been moved in violation of a quarantine established under this chapter or in violation of any other livestock sanitary law, the commission shall quarantine the animals until they have been properly treated, vaccinated, tested, or disposed of in accordance with the rules of the commission.
Acts 1981, 67th Leg., p. 1398, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 12, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter E. Regulation of Importation of Animals › Section 161.081. Importation of Animals

Sec. 161.081.  IMPORTATION OF ANIMALS.  (a)  The commission by rule may regulate the movement, including movement by a railroad company or other common carrier, of livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl into this state from another state, territory, or country.
(b)  The commission by rule may provide the method for inspecting and testing animals before and after entry into this state.
(c)  The commission by rule may provide for the issuance and form of health certificates and entry permits.  The rules may include standards for determining which veterinarians of this state, other states, and departments of the federal government are authorized to issue the certificates or permits.
(d)  Repealed by Acts 2005, 79th Leg., Ch. 205, Sec. 2, eff. September 1, 2005.
Acts 1981, 67th Leg., p. 1399, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 239, Sec. 68, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 836, Sec. 19, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 554, Sec. 20, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 205 (H.B. 1363), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter F. Veterinarian Reports of Diseased Animals › Section 161.101. Duty to Report

Sec. 161.101.  DUTY TO REPORT.
(a)  A veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report to the commission the existence of diseases listed in rules adopted by the commission among livestock, exotic livestock, bison, domestic fowl, or exotic fowl within 24 hours after diagnosis of the disease.  The commission shall adopt and periodically update rules listing the diseases that the commission determines require reporting under this section.  Section 2001.0045, Government Code, does not apply to rules adopted under this subsection.
(b)  In addition to reporting required by Subsection (a), the commission may adopt rules that require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report the existence of a disease other than bluetongue in an animal to the commission within 24 hours after diagnosis if the disease:
(1)  is recognized by the United States Department of Agriculture as:
(A)  a foreign animal disease; or
(B)  a reportable animal disease;
(2)  is the subject of a cooperative eradication program with the United States Department of Agriculture;
(3)  is an animal disease reportable to the World Organisation for Animal Health; or
(4)  is the subject of a state of emergency, as declared by the governor.
(c)  The commission may adopt rules that require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report a disease not covered by Subsection (a) or (b) if the commission determines that action to be necessary for the protection of animal health in this state.  The commission shall immediately deliver a copy of a rule adopted under this subsection to the appropriate legislative oversight committees.
(d)  The commission may not adopt, amend, or repeal a rule under this section unless the commission holds a public hearing on the proposed action following public notice of the hearing.
Acts 1981, 67th Leg., p. 1401, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 27, ch. 3, Sec. 23, eff. June 27, 1983;  Acts 1995, 74th Leg., ch. 554, Sec. 21, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 764, Sec. 2, eff. Jan. 1, 2000;  Acts 2001, 77th Leg., ch. 510, Sec. 1, eff. June 11, 2001;  Acts 2003, 78th Leg., ch. 1312, Sec. 9, eff. June 21, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 198 (H.B. 4006), Sec. 1, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 13, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter F. Veterinarian Reports of Diseased Animals › Section 161.102. Submission of Specimen of Anthrax Victim

Sec. 161.102.  SUBMISSION OF SPECIMEN OF ANTHRAX VICTIM.  Immediately after pronouncing that an animal has died from anthrax, as evidenced by a clinical or postmortem examination, a veterinarian shall prepare and submit to the commission or a laboratory approved by the commission:
(1)  a suitable specimen from the animal;
(2)  the name and address of the owner or caretaker of the animal;  and
(3)  the location of the premises on which the animal died.
Acts 1981, 67th Leg., p. 1402, ch. 388, Sec. 1, eff. Sept. 1, 1981.