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Texas Agriculture Code - Chapter 161 General Disease And Pest ControlLegal Research Home > Texas Laws > Agriculture Code > Texas Agriculture Code - Chapter 161 General Disease And Pest Control (a) In this chapter: (1) "Animal" includes livestock, exotic livestock, domestic fowl, and exotic fowl. (2) "Commission" means the Texas Animal Health Commission. (3) Repealed ... (a) A person is subject to this chapter as the caretaker of an animal and is presumed to control the animal if the person: (1) ... (a) The commissioners court of each county shall cooperate with and assist the commission in protecting livestock, domestic animals, and domestic fowl from communicable diseases, ... (a) A person who is the owner or caretaker of livestock that die from a disease listed in Section 161.041 of this code, or who ... (a) The commission may authorize the executive director or another employee to sign written instruments on behalf of the commission. A written instrument, including a ... (a) If this chapter requires that a certificate or permit accompany animals or commodities moved in this state, the document must be: (1) in the ... If a veterinarian employed by the commission determines that a communicable disease exists among livestock, domestic animals, or domestic fowl or on certain premises or ... All money paid to the commission under this chapter is subject to Subchapter F, Chapter 404, Government Code. Added by Acts 1995, 74th Leg., ch. ... (a) The commission is composed of 13 commissioners appointed by the governor with the advice and consent of the senate, with the appropriate number from ... Commissioners serve for staggered terms of six years, with the terms of four or five members expiring every other year. Acts 1981, 67th Leg., p. ... (a) Before a member of the commission may assume the member's duties and before the member may be confirmed by the senate, the member must ... The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of ... The governor shall fill vacancies by appointment for the unexpired term. Acts 1981, 67th Leg., p. 1395, ch. 388, § 1, eff. Sept. 1, 1981. ... Each commissioner is entitled to reasonable travel expenses incurred in performing official duties and to the per diem set in the General Appropriations Act for ... The Texas Animal Health Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the ... (a) An employee or paid consultant of the Texas Poultry Federation or a statewide Texas trade association in the field of livestock production may not ... (a) It is a ground for removal from the commission if a member: (1) does not have at the time of appointment the qualifications required ... The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and ... The executive director must hold a degree in veterinary medicine. Added by Acts 1999, 76th Leg., ch. 665, § 1, eff. Sept. 1, 1999. ... (a) The executive director or the executive director's designee shall develop an intraagency career ladder program that addresses opportunities for mobility and advancement for employees ... (a) The commission may solicit and accept gifts, grants, and donations for the purposes of this chapter. (b) The commission shall report to the legislature ... The commission shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal ... (a) The commission shall prepare information of public interest describing the functions of the commission and the commission's procedures by which complaints are filed with ... (a) The commission is subject to the open meetings law, Chapter 551, Government Code. (b) The commission shall develop and implement policies that provide the ... (a) The commission may establish advisory committees as it considers necessary to assist it in developing proposed rules for the regulation of exotic livestock and ... The commission shall comply with federal and state laws related to program and facility accessibility. The executive director shall also prepare and maintain a written ... (a) The commission shall periodically review services provided by the commission, including laboratory services, that also are provided in the private sector in order to ... The commission is subject to the administrative procedure law, Chapter 2001, Government Code. Added by Acts 1995, 74th Leg., ch. 554, § 15, eff. Sept. ... (a) The commission shall protect all livestock, domestic animals, and domestic fowl from the following: (1) tuberculosis; (2) anthrax; (3) glanders; (4) infectious abortion; (5) ... (a) A seller, distributor, or transporter of live domestic or exotic fowl in this state shall register with the commission under this section. The commission ... (a) The commission by order may require the slaughter of livestock, under the direction of the commission, or the sale of livestock for immediate slaughter ... 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 ... 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 ... 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 ... 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 ... The commission may adopt rules as necessary for the administration and enforcement of this chapter. Acts 1981, 67th Leg., p. 1396, ch. 388, § 1, ... (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 ... (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 ... (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; ... 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 ... (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 ... (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 ... 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 may enter into a cooperative agreement with the department to use for animal health purposes livestock export pens controlled by the department. Added ... (a) As a control measure, the commission by rule may regulate the movement of animals. The commission may restrict the intrastate movement of animals even ... 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 ... (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 ... (a) In order to provide for disease control and enhance the ability to trace disease-infected animals or animals that have been exposed to disease, the ... (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 ... (a) The commission may pay an indemnity to the owner of livestock exposed to or infected with a disease if the commission considers it necessary ... 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, ... 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. ... (a) The commission by rule may provide for the issuance of a certificate of veterinary inspection by a veterinarian to a person transporting livestock, exotic ... (a) If the commission determines or is informed that a disease listed in Section 161.041 of this code exists in another state, territory, or country, ... (a) The commission shall give notice of a quarantine against another state, territory, or country by publishing notice in a newspaper published in Texas. The ... (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 quarantine that is established for any location has the effect of quarantining all livestock, domestic animals, or domestic fowl of the kind mentioned in ... (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 ... (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, ... (a) A veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report the existence of the following ... 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 ... A veterinarian who knows or suspects that livestock or domestic fowl have died from anthrax or ornithosis shall inform the owner or caretaker of the ... In this subchapter, "livestock market" means a stockyard, sales pavilion, or sales ring where livestock, exotic livestock, or exotic fowl are assembled or concentrated at ... (a) Following notice and public hearing, the commission shall adopt rules relating to the movement of livestock, exotic livestock, and exotic fowl from livestock markets ... (a) If the commission requires testing or vaccination under this subchapter, the testing or vaccination must be performed by an accredited veterinarian or qualified person ... An authorized inspector may examine livestock consigned to and delivered on the premises of a livestock market before the livestock are offered for sale. If ... An agent of the commission is entitled to enter any livestock market for the exercise of authority or performance of a duty under this subchapter. ... (a) In this action, "diseased" means affected by actinobacillosis, actinomycosis, carcinoma, mastitis, or any other disease that renders the carcass of an animal potentially dangerous ... (a) Any citizen of this state may sue for an injunction to enforce a provision or restrain a violation of this chapter other than Section ... (a) If a person who commits an offense under Section 161.135, 161.136, 161.137, 161.138, 161.141, or 161.143 of this code is not a resident of ... If a corporation, including a railroad company or a common carrier, violates a provision of this chapter other than Section 161.048, Subchapter F, or Subchapter ... In the trial of any case involving the compliance of an owner or caretaker with a provision of this chapter requiring the treatment, vaccination, dipping, ... (a) A person required to dispose of a diseased carcass in accordance with Section 161.004 of this code commits an offense if the person fails ... (a) A person commits an offense if, without a certificate required by rule of the commission under Section 161.043 of this code, the person: (1) ... (a) A person commits an offense if the person: (1) removes livestock from a stockyard or railway shipping pen without a certificate required by rule ... (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 ... (a) A person commits an offense if the person: (1) refuses to permit inspection of animals under Section 161.048 of this code; or (2) fails ... (a) A person commits an offense if the person: (1) refuses to allow the commission or an agent of the commission to examine an animal ... (a) A person who is the owner or caretaker of livestock, exotic livestock, fowl, or exotic fowl commits an offense if the person knowingly refuses ... (a) A person commits an offense if the person violates Section 161.065(a)(1) or (a)(2) of this code or, as owner or caretaker of the livestock, ... (a) A person commits an offense if the person: (1) wilfully fails or refuses to place in secure confinement apart from all other livestock an ... (a) A person, including a railroad company or other common carrier, commits an offense if the person knowingly moves an animal into this state in ... (a) A person commits an offense if, as a veterinarian, the person wilfully fails or refuses to comply with a provision of Subchapter F of ... (a) A person commits an offense if the person, as owner or operator of a livestock market, fails or refuses to furnish adequate facilities in ... (a) A person commits an offense if the person fails to maintain or permit the inspection of a record required under Section 161.049 of this ... (a) The commission may impose an administrative penalty against a person who violates a rule or order adopted under this subtitle. (b) The penalty for ... (a) In this section, "equine animal" includes horses, mules, asses, ponies, and other members of the horse family, but does not include zebras. (b) A ... Last modified: August 11, 2007 |
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