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 163 - Brucellosis Control › Subchapter D. Enforcement › Section 163.062. Employees

Sec. 163.062.  EMPLOYEES.  The commission may employ personnel, including veterinarians, inspectors, stenographers, and clerks, as necessary to the enforcement of Subchapters A-D of this chapter or the performance of duties under those subchapters.  The commission may assign to those employees any duty under those subchapters.
Acts 1981, 67th Leg., p. 1415, 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 163 - Brucellosis Control › Subchapter D. Enforcement › Section 163.063. Entry Power

Sec. 163.063.  ENTRY POWER.  (a)  A representative of the commission, including a member of the commission, is entitled to enter any public or private property for the exercise of authority or performance of a duty under Subchapters A-D of this chapter.
(b)  A representative of the commission under Subsection (a) of this section who desires to be accompanied by a peace officer may apply for and be issued a search warrant in the manner provided by Section 161.047 of this code.
Acts 1981, 67th Leg., p. 1415, 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 163 - Brucellosis Control › Subchapter D. Enforcement › Section 163.064. Testing and Vaccination

Sec. 163.064.  TESTING AND VACCINATION.  (a)  Only a person approved by the commission may perform testing and vaccinating for brucellosis, regardless of whether the person is a veterinarian.
(b)  The commission by rule shall prescribe criteria for classifying cattle as negative, infected with brucellosis, or suspected of being infected with brucellosis.  Each classification must be based on the testing of cattle.  The testing may include serological testing, microbiological culturing of blood, tissue, secretions, or excretions, or both.
(c)  The commission may by rule regulate and require the vaccination of female cattle within all or any of the area classifications.  Among other rules, the commission may adopt rules providing for:
(1)  the identification of cattle to be vaccinated;
(2)  approval of the vaccine used;  and
(3)  the method of administering the vaccine.
(d)  The commission by rule may regulate the sale and use of brucellosis antigens and vaccines.  A person may not sell a brucellosis antigen or vaccine unless the antigen or vaccine is approved by the commission.  A person may not administer a brucellosis antigen or vaccine unless the antigen or vaccine is approved by the commission and the person is authorized by the commission to administer the antigen or vaccine.
Acts 1981, 67th Leg., p. 1416, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 17, ch. 3, Sec. 5, eff. June 27, 1983.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 163 - Brucellosis Control › Subchapter D. Enforcement › Section 163.065. Branding and Handling of Diseased Cattle

Sec. 163.065.  BRANDING AND HANDLING OF DISEASED CATTLE.  (a)  If a tested animal shows evidence of infection with brucellosis, the person performing the test shall handle the animal in accordance with the rules of the commission.  The commission may prescribe requirements according to the classification of the area in which the animal is located.  Among other requirements, the commission may require the person performing the test to:
(1)  furnish the owner of the animal with written data showing that the animal is infected;
(2)  fire brand the animal on the left jaw with the letter "B";
(3)  place an approved, numbered identification on the animal;  and
(4)  report the identification number in writing to the commission.
(b)  If an animal shows evidence of infection, the herd of which it is a part shall also be handled in accordance with the rules of the commission, which may provide for:
(1)  quarantines;
(2)  the manner, method, and system of disposing of reactor cattle;
(3)  the testing and retesting of the herd;  or
(4)  other measures, such as quarantine only, where the animals from the herd are sold exclusively for slaughter and where the commission's rules are in compliance with the current requirements of the Brucellosis Eradication Uniform Methods and Rules of the cooperative state-federal brucellosis eradication program.
Acts 1981, 67th Leg., p. 1416, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 19, ch. 3, Sec. 6, eff. June 27, 1983.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 163 - Brucellosis Control › Subchapter D. Enforcement › Section 163.066. Regulation of Movement of Cattle; Exception

Sec. 163.066.  REGULATION OF MOVEMENT OF CATTLE;  EXCEPTION.  (a)  As a control measure, the commission by rule may regulate the movement of cattle.  The commission may restrict the intrastate movement of cattle even though the movement of the cattle is unrestricted in interstate or international commerce.  The commission may require testing, vaccination, or another procedure that is epidemiologically sound before or following the movement of cattle.
(b)  The commission may not adopt a rule that prohibits a person from moving cattle owned by that person within unquarantined contiguous lands owned or controlled by that person.
(c)  Any restriction on the movement of cattle imposed under provisions of this chapter may be modified or set aside by the commission upon application by the cattle owner, provided that the owner can show impending unusual hardship resulting from such restriction.  Contributory factors may include but are not limited to prolonged drought, inadequacy of pasturage or usual feed supply resulting from disaster or other unforeseeable circumstance, or economic hardship of the cattle owner;  provided that individual animals under restriction shall be handled in a manner to be prescribed by the commission.
Acts 1981, 67th Leg., p. 1417, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 20, ch. 3, Sec. 7, eff. June 27, 1983.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 163 - Brucellosis Control › Subchapter D. Enforcement › Section 163.069. Individual Herd Plans

Sec. 163.069.  INDIVIDUAL HERD PLANS.  (a)  The commission by rule may provide for the handling and treatment of individual herds in which testing or epidemiology has produced evidence of infection or which was adjacent to a herd in which infection is found.  Each plan shall be designed to aid the caretaker of the herd in preventing or reducing spread of the infection and in eliminating the infection.
(b)  Each herd plan must be based on sound epidemiological principles and the classification of the area in which the herd is located.  In prescribing a herd plan, the commission may consider, among other items:
(1)  the risk of the infection spreading to other herds;
(2)  the cost to other herd owners resulting from spread of the infection;
(3)  the extent of infection and of possible exposure within the herd;
(4)  the type of cattle operation conducted by the herd's caretaker;  and
(5)  the conditions affecting the economics and management of the herd.
Added by Acts 1983, 68th Leg., 1st C.S., p. 21, ch. 3, Sec. 9, eff. June 27, 1983.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 163 - Brucellosis Control › Subchapter D. Enforcement › Section 163.070. Required Assistance

Sec. 163.070.  REQUIRED ASSISTANCE.  If ordered by the commission or its representative, the owner or caretaker of cattle shall submit the cattle and furnish labor and facilities used in normal operation in order that the cattle may be tested, vaccinated, or otherwise handled in accordance with the rules of the commission.
Added by Acts 1983, 68th Leg., 1st C.S., p. 21, ch. 3, Sec. 9, eff. June 27, 1983.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 163 - Brucellosis Control › Subchapter D. Enforcement › Section 163.072. Blood Samples

Sec. 163.072.  BLOOD SAMPLES.  (a)  The commission may require slaughter plants to collect and submit blood samples for brucellosis testing.
(b)  The commission by rule shall determine the method of collecting, submitting, and testing of blood samples.
(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 1989, 71st Leg., ch. 836, Sec. 36, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 548, Sec. 13, 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 163 - Brucellosis Control › Subchapter F. Penalties › Section 163.081. Refusal to Vaccinate Female Calves

Sec. 163.081.  REFUSAL TO VACCINATE FEMALE CALVES.  (a)  A person commits an offense if the person refuses to vaccinate a female calf owned by that person in accordance with the rules of the commission.
(b)  An offense under this section 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.
Acts 1981, 67th Leg., p. 1418, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 22, ch. 3, Sec. 10, eff. June 27, 1983;  Acts 1989, 71st Leg., ch. 836, Sec. 37, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 14, 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 163 - Brucellosis Control › Subchapter F. Penalties › Section 163.082. Refusal of Owner to Assist

Sec. 163.082.  REFUSAL OF OWNER TO ASSIST.  (a)  A person who is the owner of cattle commits an offense if the person knowingly refuses to gather cattle or to furnish necessary labor and facilities in accordance with Section 163.070 of this code.
(b)  An offense under this section 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.
(c)  A person commits a separate offense for each day of refusal.
Acts 1981, 67th Leg., p. 1418, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 22, ch. 3, Sec. 11, eff. June 27, 1983;  Acts 1989, 71st Leg., ch. 836, Sec. 38, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 15, 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 163 - Brucellosis Control › Subchapter F. Penalties › Section 163.083. Refusal of Entry

Sec. 163.083.  REFUSAL OF ENTRY.  (a)  A person commits an offense if the person refuses to permit a representative of the commission to enter property or premises of which the person is the owner, tenant, or caretaker for the purposes of carrying out a provision of this chapter.
(b)  An offense under this section 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.
(c)  A person commits a separate offense for each day of refusal.
Acts 1981, 67th Leg., p. 1418, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 23, ch. 3, Sec. 12, eff. June 27, 1983;  Acts 1989, 71st Leg., ch. 836, Sec. 39, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 16, 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 163 - Brucellosis Control › Subchapter F. Penalties › Section 163.084. Movement of Cattle in Violation of Commission Rule

Sec. 163.084.  MOVEMENT OF CATTLE IN VIOLATION OF COMMISSION RULE.  (a)  A person, including a railway or a common carrier, commits an offense if the person knowingly moves an animal in violation of a rule of the commission.
(b)  An offense under this section 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.
Acts 1981, 67th Leg., p. 1418, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 23, ch. 3, Sec. 13, eff. June 27, 1983;  Acts 1989, 71st Leg., ch. 836, Sec. 40, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 17, 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 163 - Brucellosis Control › Subchapter F. Penalties › Section 163.085. Failure to Properly Handle Infected Animal

Sec. 163.085.  FAILURE TO PROPERLY HANDLE INFECTED ANIMAL.  (a)  A person commits an offense if the person knowingly refuses to handle in accordance with the rules of the commission an animal that the commission has classified as infected with brucellosis.
(b)  An offense under this section 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.
Acts 1981, 67th Leg., p. 1418, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 23, ch. 3, Sec. 14, eff. June 27, 1983;  Acts 1989, 71st Leg., ch. 836, Sec. 41, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 18, 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 163 - Brucellosis Control › Subchapter F. Penalties › Section 163.086. Sale of Infected Cattle

Sec. 163.086.  SALE OF INFECTED CATTLE.  (a)  A person commits an offense if the person sells or otherwise disposes of an animal for purposes other than slaughter that the person knows to be infected with brucellosis.
(b)  An offense under this section is a Class B misdemeanor.
(c)  The sale or disposal of an animal with the letter "B" branded on the left jaw is prima facie evidence that the person knew the cow was infected with brucellosis.
Acts 1981, 67th Leg., p. 1418, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 23, ch. 3, Sec. 15, eff. June 27, 1983;  Acts 1989, 71st Leg., ch. 836, Sec. 42, 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 163 - Brucellosis Control › Subchapter F. Penalties › Section 163.087. Improper Sale or Use of Vaccine or Antigen

Sec. 163.087.  IMPROPER SALE OR USE OF VACCINE OR ANTIGEN.  (a)  A person commits an offense if the person sells or administers a brucellosis antigen or vaccine in violation of Section 163.064 of this code.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 1983, 68th Leg., 1st C.S., p. 24, ch. 3, Sec. 16, eff. June 27, 1983.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 43, 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 164 - Scabies Control › Subchapter A. General Provisions › Section 164.001. Definitions

Sec. 164.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Animal Health Commission.
(2)  "Inspector" means an inspector employed by the commission, including the chief inspector, a district supervising inspector, or a local inspector.
Acts 1981, 67th Leg., p. 1420, 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 164 - Scabies Control › Subchapter A. General Provisions › Section 164.002. Scabies Infection or Exposure

Sec. 164.002.  SCABIES INFECTION OR EXPOSURE.  (a)  For purposes of this chapter, cattle or sheep are scabies-infected if:
(1)  actually infected with scabies;  or
(2)  in a herd in which scabies infection is present.
(b)  Except as provided by Subsection (c) of this section, cattle or sheep are exposed to scabies for purposes of this chapter if:
(1)  the cattle or sheep enter or have access to any place, including a corral, shed, car, road, or pasture, that scabies-infected cattle or sheep have entered or had access to during the preceding 90 days;  or
(2)  the sheep are shorn by a shearing plant that has shorn scabies-infected sheep within the preceding 90 days.
(c)  Cattle or sheep are not exposed to scabies under Subsection (b) of this section if the place or plant has been disinfected since the infected cattle or sheep were removed.  This subsection does not exempt the cattle or sheep from treatment required by this chapter.
(d)  If an inspector determines that a scabies infection exists among cattle, sheep, or goats or that cattle, sheep, or goats have been exposed to scabies, the infection or exposure is considered to continue until the commission determines that the infection or exposure has been eradicated through methods prescribed by rule of the commission.
Acts 1981, 67th Leg., p. 1420, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 18, 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 164 - Scabies Control › Subchapter A. General Provisions › Section 164.003. Inspectors

Sec. 164.003.  INSPECTORS.  (a)  For the purpose of eradicating scabies, the commission may employ a chief inspector, district supervising inspectors, and local inspectors.
(b)  The chief inspector shall supervise the inspectors engaged in scabies eradication.
(c)  The state shall pay the salaries of the chief inspector and the district supervising inspectors.  The counties shall pay the salaries and necessary traveling expenses of local inspectors.
Acts 1981, 67th Leg., p. 1420, 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 164 - Scabies Control › Subchapter A. General Provisions › Section 164.004. Duties of Inspectors

Sec. 164.004.  DUTIES OF INSPECTORS.  (a)  All treatments, inspections, and certifications for scabies eradication and the disinfection of all equipment or facilities required by this chapter shall be performed by or under the supervision of an inspector.
(b)  Local inspectors shall perform all duties necessary for the treatment, inspection, and certification of livestock under this chapter.
Acts 1981, 67th Leg., p. 1420, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 19, 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 164 - Scabies Control › Subchapter A. General Provisions › Section 164.005. Entry Power

Sec. 164.005.  ENTRY POWER.  (a)  An inspector is entitled to enter any public or private place where cattle or sheep are kept or ranged for the purpose of:
(1)  ascertaining the presence of scabies infection;
(2)  ascertaining any exposure to scabies; or
(3)  inspecting, classifying, or treating cattle or sheep for scabies infection or exposure.
(b)  If the inspector under Subsection (a) of this section desires to be accompanied by a peace officer, the inspector may apply for and obtain a search warrant as provided by Section 161.047 of this code.
(c)  The person who owns or controls the place to be entered under this section or who owns or controls the animals shall, on request of the inspector or a member of the commission, gather the animals on the range for inspection.  Failure or refusal to gather the animals is prima facie evidence that the premises and the animals are infected with scabies and authorizes the commission to quarantine the premises or animals in accordance with this chapter.
Acts 1981, 67th Leg., p. 1421, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 20, 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 164 - Scabies Control › Subchapter A. General Provisions › Section 164.006. Actions of Commission

Sec. 164.006.  ACTIONS OF COMMISSION.  The presiding officer of the commission may perform any act or duty of the commission under this chapter.
Acts 1981, 67th Leg., p. 1421, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 29, 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 164 - Scabies Control › Subchapter B. Treatment › Section 164.021. Treatment Required on Order of Commission

Sec. 164.021.  TREATMENT REQUIRED ON ORDER OF COMMISSION.  (a)  The commission by written order may direct a person who owns, controls, or cares for cattle or sheep that are scabies-infected or are exposed to scabies, to treat any or all of those animals for the purpose of destroying, eradicating, curing, or removing a scabies infection or a source of exposure to scabies.
(b)  An order of the commission under this section must be signed by the commission or the presiding officer of the commission and must contain the following:
(1)  the date of issuance;
(2)  the name of the person to whom the order is made;
(3)  the approximate location of the premises on which the animals are located;
(4)  the county in which the premises are located;
(5)  a statement in clear and intelligible language that the sheep or cattle that the person owns, controls, or cares for are infected with or exposed to scabies;
(6)  an order directing the person to treat the animals, under the supervision of an inspector and in the manner prescribed by the commission; and
(7)  a designation of the date, time, and place that the treatment is to occur.
(c)  An order under this section must be delivered to the person owning or controlling the cattle or sheep not later than the 14th day before the date and time for the treatment designated in the order.
Acts 1981, 67th Leg., p. 1421, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 30, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 22, 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 164 - Scabies Control › Subchapter B. Treatment › Section 164.022. Hearing

Sec. 164.022.  HEARING.  (a)  Not later than the fifth day following the day on which a person receives an order to treat cattle or sheep, the person may file with the commission or the presiding officer of the commission a written affidavit that:
(1)  denies that the animals are subject to being treated under this chapter, or states that, for good and sufficient reason set out in the affidavit, the person is entitled to have the order rescinded or the treatment postponed; and
(2)  requests that the commission withhold enforcement of the order and grant a hearing on the matter or investigate the matter as necessary to determine the correctness of the statement contained in the affidavit.
(b)  Not later than the fifth day following the day on which the commission receives an affidavit under Subsection (a) of this section, the commission shall, if desired by the affiant, grant the affiant a hearing in the office of the presiding officer.  The commission shall give the affiant notice of the hearing by telegram or registered mail and shall hold the hearing not earlier than the fourth day following the day of giving that notice.
(c)  The commission shall consider the affidavit at the hearing and shall, in person or by agent, investigate the matter as the commission considers necessary.
(d)  If the commission finds that the statement in the affidavit is correct, the commission shall rescind the order or postpone the treatment until a time that the commission considers proper. If the commission finds that the statement in the affidavit is not correct, the commission shall enforce the order on the date and at the time designated in the order.
(e)  Following a hearing, the commission shall deliver its written findings to the affiant not later than the fourth day before the date and time that the order requires the animals to be treated.
(f)  A person who is dissatisfied with the findings of the commission under this section may apply to a court of proper venue and jurisdiction for an injunction or other relief.
Acts 1981, 67th Leg., p. 1422, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 31, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 23, 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 164 - Scabies Control › Subchapter B. Treatment › Section 164.023. Method of Treatment

Sec. 164.023.  METHOD OF TREATMENT.  The commission by rule shall prescribe the methods of treatment available for the treatment of scabies under this chapter.
Acts 1981, 67th Leg., p. 1422, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 24, 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 164 - Scabies Control › Subchapter B. Treatment › Section 164.028. Treatment at Expense of County

Sec. 164.028.  TREATMENT AT EXPENSE OF COUNTY.  If a person ordered to treat cattle or sheep under this chapter fails or refuses to treat the animals, the county commissioners court shall:
(1)  provide the necessary equipment and facilities for the treatment of the animals;
(2)  have the animals treated in accordance with this chapter; and
(3)  pay the expenses of the treatment by warrant drawn on the general funds of the county.
Acts 1981, 67th Leg., p. 1423, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 25, 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 164 - Scabies Control › Subchapter C. Quarantines › Section 164.041. Establishment

Sec. 164.041.  ESTABLISHMENT.  (a)  The commission may establish a quarantine against all or the portion of a state, territory, or country in which the commission determines scabies exists.  A quarantine established under this section is governed by Chapter 161, except that only a scabies inspector recognized by the commission for that purpose in the quarantine notice may issue certificates or permits for the movement of cattle subject to the quarantine.  A person who violates the quarantine is subject to the penalties provided by Chapter 161.
(b)  If an inspector determines that a scabies infection or exposure exists in a county or area of this state, on any premises, including a road, pasture, lot, yard, stockyard, or enclosure, or among any cattle or sheep, the commission may quarantine the area, premises, or animals.
Acts 1981, 67th Leg., p. 1423, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 26, 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 164 - Scabies Control › Subchapter C. Quarantines › Section 164.042. Notice

Sec. 164.042.  NOTICE.  The commission shall give notice of a quarantine established under Section 164.041(b) of this code in one of the following manners:
(1)  by posting written notice of the quarantine at the courthouse door of the county in which the quarantine is established and at two other conspicuous places in the area or on the premises quarantined;
(2)  by publishing notice in a newspaper in the county or, if there is no newspaper in the county, by publishing notice in a newspaper in an adjoining county;  or
(3)  by delivering written or printed notice to the owner or caretaker of the animals or premises to be quarantined, with the delivery made in person by a commission inspector, employee, or member or with the delivery made by United States mail.
Acts 1981, 67th Leg., p. 1424, 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 164 - Scabies Control › Subchapter C. Quarantines › Section 164.043. Effect of Quarantine

Sec. 164.043.  EFFECT OF QUARANTINE.  If a county or area is quarantined under Section 164.041(b) of this code, all premises within the county or area and all cattle and sheep within the county or area are quarantined even though not separately designated.
Acts 1981, 67th Leg., p. 1424, 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 164 - Scabies Control › Subchapter C. Quarantines › Section 164.044. Movement From Quarantined Premises; Movement of Quarantined Animals

Sec. 164.044.  MOVEMENT FROM QUARANTINED PREMISES;  MOVEMENT OF QUARANTINED ANIMALS.  (a)  A person may not move or permit to be moved cattle or sheep that are under quarantine for scabies infection or exposure or that are on premises quarantined for scabies infection or exposure unless the cattle or sheep are certified by a commission inspector.
(b)  If the commission finds animals that have been moved in violation of a quarantine established under this chapter, the commission shall quarantine the animals until they have been properly tested or treated in accordance with the rules of the commission.
Acts 1981, 67th Leg., p. 1424, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 27, 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 164 - Scabies Control › Subchapter C. Quarantines › Section 164.045. Disinfection of Shearing Plant in Quarantined Area

Sec. 164.045.  DISINFECTION OF SHEARING PLANT IN QUARANTINED AREA.  (a)  If scabies-infected sheep located on premise quarantined for sheep scabies infection are shorn by an itinerant shearing plant or crew, the person owning, controlling, or having charge of the plant or crew shall, in accordance with this section, disinfect the plant and the wearing apparel of the crew, including laborers who shear the sheep or pack the wool, before the plant or crew moves from the premises where the sheep are shorn.
(b)  All utensils, machinery, floors, ground coverings, and other portions of the plant that come in contact with the body of the sheep must be thoroughly cleaned with pure gasoline.  The wearing apparel of the shearers or laborers must be submerged in boiling water for at least five minutes.
Acts 1981, 67th Leg., p. 1424, 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 164 - Scabies Control › Subchapter C. Quarantines › Section 164.046. Disinfection of Quarantined Premises

Sec. 164.046.  DISINFECTION OF QUARANTINED PREMISES.  (a)  In accordance with this section, the owner, lessee, or person in charge of premises quarantined for sheep scabies shall cleanse and disinfect all places in which infected or exposed sheep have been closely confined, including corrals, water lots, pens, and sheds.
(b)  The person shall remove and burn or bury all manure and litter and then spray the surface of the places in which the sheep were confined with a solution of six ounces of 95 percent carbolic acid to each gallon of water or a solution of four ounces of cresol compound USP to each gallon of water.
(c)  Disinfection under this section must be performed under the supervision of a commission inspector and before uninfected or unexposed sheep are permitted to enter the places to be disinfected.
Acts 1981, 67th Leg., p. 1425, 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 164 - Scabies Control › Subchapter D. Importation of Sheep › Section 164.062. Certificate Required

Sec. 164.062.  CERTIFICATE REQUIRED.  (a)  A person may not import sheep into this state unless the shipment is accompanied by a certificate certifying that:
(1)  the sheep are free from scabies infection and exposure; or
(2)  the sheep have been treated by a method recognized by the Animal and Plant Health Inspection Service, United States Department of Agriculture, for eradication of sheep scabies and in a manner designed to have eradicated infection or exposure within 10 days prior to the date of importation.
(b)  A certificate under this section must be issued by an accredited veterinarian of the state of origin of the shipment or by a veterinarian of the Animal and Plant Health Inspection Service, United States Department of Agriculture.
Acts 1981, 67th Leg., p. 1425, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 44, eff. Sept. 1, 1989.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 28, 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 164 - Scabies Control › Subchapter D. Importation of Sheep › Section 164.063. Quarantine of Imported Sheep

Sec. 164.063.  QUARANTINE OF IMPORTED SHEEP.  If the certificate for a shipment of sheep shows that the sheep were treated at the point of origin in accordance with Section 164.062(a)(2), the sheep shall be quarantined at the range on which the sheep are placed in this state for a period of 180 days.
Acts 1981, 67th Leg., p. 1425, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 29, 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 164 - Scabies Control › Subchapter D. Importation of Sheep › Section 164.064. Designation of Infected or Free Areas; Treatment Requirements

Sec. 164.064.  DESIGNATION OF INFECTED OR FREE AREAS; TREATMENT REQUIREMENTS.  The commission may adopt rules designating areas as infected or free from infection and shall establish treatment requirements for the importation of sheep into this state.
Acts 1981, 67th Leg., p. 1426, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 30, 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 164 - Scabies Control › Subchapter D. Importation of Sheep › Section 164.065. Exhibitions

Sec. 164.065.  EXHIBITIONS.  The commission shall provide an importer of show sheep a reasonable length of time, not to exceed 60 days after the date of importation, in which to display the sheep at county fairs or livestock exhibitions.  The importer shall keep the sheep separate from all sheep other than show sheep and shall treat the sheep as required by the commission before they are distributed to the range.
Acts 1981, 67th Leg., p. 1426, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 31, 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 164 - Scabies Control › Subchapter E. Remedies and Penalties › Section 164.082. Civil Suits to Recover Penalty for Corporate Offense

Sec. 164.082.  CIVIL SUITS TO RECOVER PENALTY FOR CORPORATE OFFENSE.  If the person who commits an offense under this subchapter is a corporation, the county attorney of the county in which the offense occurred shall sue that person in a court of competent jurisdiction on behalf of the state for the collection of the fine provided for the offense.
Acts 1981, 67th Leg., p. 1426, 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 164 - Scabies Control › Subchapter E. Remedies and Penalties › Section 164.083. Failure to Treat for Scabies

Sec. 164.083.  FAILURE TO TREAT FOR SCABIES.  (a)  A person commits an offense if the person:
(1)  owns, controls, or cares for cattle or sheep infected with scabies or cattle or sheep that have been exposed to scabies infection within six months prior to the date of an order to treat under Section 164.021; and
(2)  fails or refuses to treat the sheep or cattle at the time and in the manner provided by the order of the commission.
(b)  An offense under this section is a Class B misdemeanor.
(c)  A person commits a separate offense for each day of failure or refusal.
Acts 1981, 67th Leg., p. 1426, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 45, eff. Sept. 1, 1989.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 32, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 33, 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 164 - Scabies Control › Subchapter E. Remedies and Penalties › Section 164.084. Movement of Infected, Exposed, or Quarantined Animals

Sec. 164.084.  MOVEMENT OF INFECTED, EXPOSED, OR QUARANTINED ANIMALS.  (a)  A person commits an offense if the person:
(1)  moves cattle or sheep in violation of Section 164.044(a) of this code;  or
(2)  moves or permits to be moved along or across a public highway or railroad, or on or across the land or premises of another person, cattle or sheep that are infected with scabies, exposed to scabies, or quarantined for scabies.
(b)  An offense under this section is a Class B misdemeanor.
(c)  A person commits a separate offense under Subsection (a)(2) of this section for each highway, railroad, or person's land or premises along, across, or onto which the person moves the cattle or sheep.
(d)  Venue for prosecution of an offense under Subsection (a)(2) of this section is in any county into which or through which the cattle or sheep are moved.
Acts 1981, 67th Leg., p. 1426, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 46, 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 164 - Scabies Control › Subchapter E. Remedies and Penalties › Section 164.085. Refusal to Permit Entry or Gather Animals for Inspection

Sec. 164.085.  REFUSAL TO PERMIT ENTRY OR GATHER ANIMALS FOR INSPECTION.  (a)  A person commits an offense if the person:
(1)  refuses to permit an inspector to enter any premises of which the person is the owner, tenant, or caretaker for the purpose of inspecting, classifying, or treating animals infected or exposed to scabies; or
(2)  refuses to gather animals in accordance with Section 164.005(c).
(b)  An offense under this section is a Class B misdemeanor.
(c)  A person commits a separate offense for each day of refusal.
Acts 1981, 67th Leg., p. 1427, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 47, eff. Sept. 1, 1989.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 34, 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 164 - Scabies Control › Subchapter E. Remedies and Penalties › Section 164.086. Failure to Disinfect Shearing Plant

Sec. 164.086.  FAILURE TO DISINFECT SHEARING PLANT.  (a)  A person commits an offense if the person fails or refuses to disinfect all or part of a shearing plant, or the wearing apparel of each person shearing the sheep or handling or packing the wool, in accordance with Section 164.045 of this code.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1427, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 48, 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 164 - Scabies Control › Subchapter E. Remedies and Penalties › Section 164.087. Failure to Properly Disinfect Quarantined Premises

Sec. 164.087.  FAILURE TO PROPERLY DISINFECT QUARANTINED PREMISES.  (a)  A person commits an offense if the person violates a provision of Section 164.046 of this code.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1427, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 49, 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 164 - Scabies Control › Subchapter E. Remedies and Penalties › Section 164.088. Importation of Sheep Without Certificate or Permit

Sec. 164.088.  IMPORTATION OF SHEEP WITHOUT CERTIFICATE OR PERMIT.  (a)  A person commits an offense if the person imports sheep into this state in violation of Subchapter D of this chapter.
(b)  An offense under this section is a Class B misdemeanor for each head of sheep imported in violation of Subchapter D of this chapter.
(c)  A person commits a separate offense for each county into which or through which the sheep are moved.
(d)  Venue for prosecution of an offense under this section is in any county into which or through which the sheep are moved.
Acts 1981, 67th Leg., p. 1427, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 50, 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 165 - Control of Diseases of Swine › Subchapter A. General Provisions › Section 165.001. Definition

Sec. 165.001.  DEFINITION.  In this chapter, "commission" means the Texas Animal Health Commission.
Acts 1981, 67th Leg., p. 1428, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Without reference to the amendment of this section, this section was repealed by Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 37, 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 165 - Control of Diseases of Swine › Subchapter A. General Provisions › Section 165.002. Treatment

Sec. 165.002.  TREATMENT.  Except as otherwise provided by law, a representative of the commission or a person authorized by the commission may vaccinate, inoculate, or treat hogs with classical swine fever virus or serum or with another remedy.
Acts 1981, 67th Leg., p. 1428, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 623 (S.B. 1997), Sec. 1, 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 165 - Control of Diseases of Swine › Subchapter A. General Provisions › Section 165.003. Sale or Distribution of Unattenuated Classical Swine Fever Virus

Sec. 165.003.  SALE OR DISTRIBUTION OF UNATTENUATED CLASSICAL SWINE FEVER VIRUS.  (a)  A person may not sell, offer for sale, barter, exchange, or give away unattenuated classical swine fever virus.
(b)  This section does not prohibit:
(1)  acquisition, propagation, manufacture, or use of unattenuated classical swine fever virus by, and on the licensed premises of, a firm operating under a United States veterinary license issued by the secretary of agriculture of the United States;
(2)  manufacture of unattenuated classical swine fever virus by a firm operating under a United States veterinary license for the sale or distribution in states in which use of attenuated classical swine fever virus is permitted; or
(3)  keeping vaccine on hand for purely experimental or research activities by a recognized college, university, school, or laboratory engaged in research activities.
(c)  In this section, "unattenuated classical swine fever virus" means a classical swine fever virus that has not been modified or inactivated.
Acts 1981, 67th Leg., p. 1428, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 623 (S.B. 1997), Sec. 2, 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 165 - Control of Diseases of Swine › Subchapter B. Cooperative Program for Disease Eradication › Section 165.021. Cooperation With U

Sec. 165.021.  COOPERATION WITH U.S. DEPARTMENT OF AGRICULTURE.  The commission may cooperate with the United States Department of Agriculture in the eradication of vesicular exanthema, foot and mouth disease of swine, classical swine fever, and other diseases of swine.
Acts 1981, 67th Leg., p. 1429, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 623 (S.B. 1997), Sec. 3, eff. September 1, 2021.