Title AG, Agriculture Code

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 desig…

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 ac…

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 …

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…

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…

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…

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…

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 …

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) T…

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 19…

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. 14…

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 …

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…

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 …

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, …

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…

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 destroyin…

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 sub…

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. …

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…

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 sc…

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 an…

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. …

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 unl…

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…

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, includin…

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 …

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 …

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,…

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 f…

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…

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 trea…

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 o…

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 tr…

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…

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. S…

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 i…

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. 8…

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. 3…

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 us…

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, …

Sec. 165.022. METHOD OF DISEASE ERADICATION. (a) Following notice and public hearing, the commission shall adopt rules for the enforcement of this subchapter, including rules providing for the manner, method, and system of eradicating swine diseases. (b) The commission may by a t…

Sec. 165.023. USE OF BIOLOGICS. The commission shall adopt rules governing the use of biologics as a protection against dissemination of communicable swine diseases. Acts 1981, 67th Leg., p. 1429, ch. 388, Sec. 1, eff. Sept. 1, 1981.

Sec. 165.026. FEEDING GARBAGE TO SWINE. (a) A person may not feed restricted garbage to swine or provide restricted garbage to any person for the purpose of feeding swine, except that a facility operated by the Texas Department of Criminal Justice may feed restricted garbage to s…

Sec. 165.027. ENTRY POWER. (a) A representative of the commission, including a member of the commission, is entitled to enter the premises of any person for the purpose of inspecting swine or the heating or cooking equipment required by this subchapter or for the purpose of perfo…

Sec. 165.041. GENERAL PENALTY. (a) A person commits an offense if the person violates a provision of Subchapter B of this chapter or a rule adopted under that subchapter. (b) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense tha…