Texas Agriculture Code Title 6, Chapter 161 - General Disease And Pest Control

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 161.001 - Definitions
  (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 (3) Repealed...
• Texas Section 161.002 - Caretaker Of Animal
  (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)...
• Texas Section 161.003 - Duty Of County Commissioners Court
  (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,...
• Texas Section 161.004 - Disposal Of Diseased Livestock Carcass
  (a) A person who is the owner or caretaker of livestock, exotic livestock, domestic fowl, or exotic fowl that die from a disease listed in...
• Texas Section 161.005 - Commission Written Instruments
  (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...
• Texas Section 161.006 - Documents To Accompany Shipment
  (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...
• Texas Section 161.007 - Exposure Or Infection Considered Continuing
  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...

SUBCHAPTER B TEXAS ANIMAL HEALTH COMMISSION

• Texas Section 161.008 - State Funds Reform Act Applicable
  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....
• Texas Section 161.021 - Composition
  (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...
• Texas Section 161.022 - Term
  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....
• Texas Section 161.023 - Mandatory Training Program For Commissioners
  (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...
• Texas Section 161.024 - Presiding Officer
  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...
• Texas Section 161.025 - Vacancies
  The governor shall fill vacancies by appointment for the unexpired term. Acts 1981, 67th Leg., p. 1395, ch. 388, Sec. 1, eff. Sept. 1, 1981.
• Texas Section 161.026 - Expenses And Per Diem
  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...
• Texas Section 161.027 - Sunset Provision
  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...
• Texas Section 161.028 - Restrictions On Commission Appointment, Membership, And Employment
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to...
• Texas Section 161.029 - Removal Of Commission Members
  (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...
• Texas Section 161.030 - Separation Of Authority
  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...
• Texas Section 161.0305 - Executive Director; Qualifications
  The executive director must hold a degree in veterinary medicine. Added by Acts 1999, 76th Leg., ch. 665, Sec. 1, eff. Sept. 1, 1999.
• Texas Section 161.031 - Personnel
  (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...
• Texas Section 161.0311 - Acceptance Of Gifts And Grants
  (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...
• Texas Section 161.033 - Public Interest Information And Complaints
  (a) The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission. The commission shall maintain information about parties...
• Texas Section 161.0335 - Technology Policy
  The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy...
• Texas Section 161.0336 - Information Relating To Complaint Procedures
  The commission shall: (1) post information about its complaint procedures on the home page of the Internet website maintained by the commission; (2) post specific...
• Texas Section 161.034 - Public Meetings
  (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...
• Texas Section 161.035 - Advisory Committees
  (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...
• Texas Section 161.036 - Program And Facility Accessibility
  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...
• Texas Section 161.037 - Periodic Review Of Agency Functions
  (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...
• Texas Section 161.038 - Administrative Procedure Act Applicable
  The commission is subject to the administrative procedure law, Chapter 2001, Government Code. Added by Acts 1995, 74th Leg., ch. 554, Sec. 15, eff. Sept....
• Texas Section 161.039 - Compliance Policy And Internal Operating Procedures
  (a) The commission by rule shall adopt agencywide compliance policies and internal operating procedures and convey those policies and procedures to all officers and employees...

SUBCHAPTER C GENERAL POWERS AND DUTIES OF COMMISSION

• Texas Section 161.040 - Rulemaking And Dispute Resolution Procedures
  (a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
• Texas Section 161.041 - Disease Control
  (a) The commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from the following: (1) tuberculosis; (2) anthrax; (3) glanders; (4) infectious...
• Texas Section 161.0411 - Domestic And Exotic Fowl Registration
  (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...
• Texas Section 161.0412 - Regulation And Registration Of Feral Swine Holding Facilities
  (a) The commission may, for disease control purposes, require the registration of feral swine holding facilities. (b) To prevent the spread of disease, the commission...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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;...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 161.056 - Animal Identification Program
  (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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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.,...
• Texas Section 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...

SUBCHAPTER D QUARANTINES

• Texas Section 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...
• Texas Section 161.061 - Establishment
  (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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E REGULATION OF IMPORTATION OF ANIMALS

• Texas Section 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...

SUBCHAPTER F VETERINARIAN REPORTS OF DISEASED ANIMALS

• Texas Section 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,...
• Texas Section 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 the existence of the following...
• Texas Section 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...

SUBCHAPTER G REGULATION OF LIVESTOCK MARKETS

• Texas Section 161.103 - Notice Of Required Method Of Disposal
  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...
• Texas Section 161.111 - Definition
  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...
• Texas Section 161.112 - Rules
  (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...
• Texas Section 161.113 - Testing Or Treatment Of Livestock
  (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...
• Texas Section 161.114 - Inspection Of Livestock
  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...
• Texas Section 161.115 - Entry Power
  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....

SUBCHAPTER H REMEDIES AND PENALTIES

• Texas Section 161.116 - Sale Or Delivery Of Diseased Cattle
  (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...
• Texas Section 161.131 - Injunction
  (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...
• Texas Section 161.132 - Civil Suit Against Nonresident Violator
  (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...
• Texas Section 161.133 - Violation By Corporation
  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...
• Texas Section 161.134 - Proof Of Treatment Or Vaccination
  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,...
• Texas Section 161.135 - Improper Disposal Of Diseased Carcass
  (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...
• Texas Section 161.136 - Entry Of Animals In Exhibition Without Certificate
  (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)...
• Texas Section 161.137 - Movement Of Animals From Stockyard Or Railway Shipping Pen Without Certificate
  (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...
• Texas Section 161.1375 - Movement Of Feral Swine
  (a) A person commits an offense if the person recklessly: (1) moves feral swine in a manner that is not in compliance with rules adopted...
• Texas Section 161.138 - Refusal To Permit Entrance
  (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...
• Texas Section 161.139 - Refusal To Permit Inspection Of Shipment
  (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...
• Texas Section 161.140 - Refusal To Permit Examination Of Animal Or Carcass
  (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...
• Texas Section 161.1405 - Refusal To Provide Access To 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...
• Texas Section 161.141 - Movement In Violation Of Quarantine
  (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,...
• Texas Section 161.142 - Sale Or Movement Of Animal With Glanders
  (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...
• Texas Section 161.143 - Importation Of Animals
  (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...
• Texas Section 161.145 - Veterinarian Failure To Report Diseased Animals
  (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...
• Texas Section 161.146 - Compliance With Livestock Market Regulation
  (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...
• Texas Section 161.147 - Failure To Maintain Dealer Records
  (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...
• Texas Section 161.148 - Administrative Penalty
  (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...
• Texas Section 161.149 - Test For Equine Infectious Anemia
  (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...
• Texas Section 161.150 - Failure To Register Feral Swine Holding Facilities; Holding Of Feral Swine
  (a) A person commits an offense if the person recklessly: (1) maintains a feral swine holding facility that is not registered under Section 161.0412; or...

Last modified: September 28, 2016