Texas Agriculture Code Title 6, Chapter 167 - Tick Eradication

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 167.001 - Definitions
  In this chapter: (1) "Animal" means any domestic, free-range, or wild animal capable of hosting or transporting ticks capable of carrying Babesia, including: (A) livestock;...
• Texas Section 167.002 - Caretaker Of Animal
  A person is subject to this chapter as the caretaker of an animal if the person: (1) is the owner, part owner, lessee, occupant, or...
• Texas Section 167.003 - General Powers And Duties Of Commission
  (a) In accordance with this chapter, the commission shall eradicate all ticks capable of carrying Babesia in this state and shall protect all land, premises,...
• Texas Section 167.004 - Classification Of Animals Or Premises As Infested, Exposed, Or Free From Exposure
  (a) If a tick is found on an animal, the following are classified as tick infested: (1) each animal that is in the same herd...
• Texas Section 167.005 - Eradication, Free, And Inactive Quarantine Areas
  (a) The tick eradication area is composed of counties and parts of counties designated for tick eradication under Section 167.006 of this code. (b) The...
• Texas Section 167.006 - Designation Of Tick Eradication Area
  (a) The commission may designate for tick eradication any county or part of a county that the commission determines may contain ticks. (b) The commission...
• Texas Section 167.007 - Tick Eradication In Free Area
  (a) The commission may conduct tick eradication in the free area and may establish quarantines and require the treatment of animals in the free area...

SUBCHAPTER B QUARANTINES; REGULATION OF MOVEMENT OF ANIMALS AND COMMODITIES

• Texas Section 167.008 - Inspections
  The commission may order the owner, part owner, or caretaker of animals to gather the animals for inspection at a time and place prescribed in...
• Texas Section 167.021 - General Quarantine Power
  (a) The commission may establish quarantines on land, premises, and animals as necessary for tick eradication. (b) The commission in writing may release a quarantine...
• Texas Section 167.022 - Quarantine Of Tick Eradication Area
  (a) The order designating a county or part of a county for tick eradication shall contain a provision quarantining that county or part of a...
• Texas Section 167.023 - Quarantine Of Free Area
  (a) The commission by written order may establish a quarantine in the free area if necessary for the purpose of regulating the handling of animals...
• Texas Section 167.024 - Movement In Or From Quarantined Area
  (a) Unless a person first obtains a permit or a certificate from an authorized inspector, the person may not move animals in a quarantined area:...
• Texas Section 167.025 - Movement In Or From Inactive Quarantined Area
  A person may not move animals or permit animals to be moved from or within the inactive quarantined area except in accordance with the rules...
• Texas Section 167.026 - Movement Into This State From Quarantined Area
  (a) A person may not move animals, or permit animals of which the person is the owner, part owner, or caretaker to be moved, into...
• Texas Section 167.027 - Permit Or Certificate To Accompany Movement
  (a) A certificate or permit required for movement of animals within or into this state must be in the possession of the person in charge...
• Texas Section 167.028 - Statement Of Possession And Destination
  On request of an inspector, the owner, part owner, or caretaker, or a person accompanying and connected with a shipment, of animals that are being...
• Texas Section 167.029 - Conditions, Manner, And Method Of Moving And Handling
  (a) The commission by rule shall provide the conditions for and the manner and method of handling and moving animals: (1) into, in, and from...
• Texas Section 167.030 - Disinfection Of Conveyance
  (a) A person, including a railway or transportation company, who operates a conveyance into which animals are loaded shall clean and disinfect each car or...
• Texas Section 167.031 - Use Of Sand As Bedding In Conveyance
  The commission may establish quarantines and restrict the use of sand as bedding in an animal conveyance except for sand from known tick-free sand pits....
• Texas Section 167.032 - Movement Of Commodities
  The commission may establish quarantines and restrict the movement from quarantined areas of hay, hides, carcasses, or other commodities that are capable of carrying ticks....

SUBCHAPTER C TREATMENT

• Texas Section 167.033 - Handling And Removal Of Refuse Or Dead Or Injured Animals
  The commission may establish quarantines and regulate the removal and handling of refuse matter from quarantined stockyards, quarantined stock pens, and other quarantined places and...
• Texas Section 167.051 - Animals Subject To Treatment
  (a) Animals located in the tick eradication area are subject to treatment if the animals: (1) are infested with ticks; (2) were exposed to ticks...
• Texas Section 167.052 - Order To Treat
  (a) The commission may order the owner, part owner, or caretaker of animals to treat the animals in accordance with the directions of the commission....
• Texas Section 167.053 - Hearing
  (a) A person is entitled to request and obtain a hearing for the purpose of protesting an order to treat by filing a sworn application...
• Texas Section 167.054 - Excuse From Compliance With Order
  The supervising inspector of a county for good cause may excuse a person from complying with an order to treat, but shall be held responsible...
• Texas Section 167.055 - Persons Responsible For Treatment And Assistance
  (a) A person who owns any interest in animals subject to treatment or who is the caretaker of the animals is responsible for the treatment...
• Texas Section 167.056 - Manner Of Treatment
  If the commission requires animals to be treated, the animals shall be treated in the manner prescribed by the commission. Acts 1981, 67th Leg., p....
• Texas Section 167.057 - Treatment Chemicals
  (a) The commission shall prescribe by rule the official materials in which animals are to be treated under this chapter. A person may not treat...
• Texas Section 167.058 - Treatment Intervals
  A person to whom an order to treat is directed shall treat the animals on the dates specified in the order, but the order of...
• Texas Section 167.059 - Treatment Facilities
  (a) The commissioners court of each county, including a county in the free area, in all or part of which the commission conducts tick eradication...

SUBCHAPTER D STOCKYARD REGULATION

• Texas Section 167.060 - Treatment Required For Movement From Quarantined Area
  (a) An inspector may not issue a certificate or permit for the movement of animals from a quarantined enclosure unless the owner or caretaker of...
• Texas Section 167.081 - Designation Of Facility To Handle Certified Livestock
  (a) The commission may designate a stockyard that is in the tick eradication area or in the free area and is open to the public...
• Texas Section 167.082 - Notice And Hearing
  (a) The commission shall give written notice of a designation under this subchapter to the stockyard company or to the owner, operator, or other person...

SUBCHAPTER E ENFORCEMENT

• Texas Section 167.083 - Maintenance Of Tick-free Facilities
  (a) A person who owns or operates and is in control of a stockyard designated under this subchapter shall maintain clean and tick-free facilities, including...
• Texas Section 167.101 - Inspectors
  (a) The commissioners court of a county in which the commission conducts tick eradication may nominate the number of local inspectors found by the commission...
• Texas Section 167.102 - Entry Power
  (a) A commissioner or an inspector, and assistants, may enter public or private property, without a warrant, for the exercise of an authority or performance...
• Texas Section 167.103 - Treatment Of Animals By Peace Officer On Request Of Inspector
  (a) If a person responsible for treating animals fails to treat the animals at the time and place directed in the order or, prior to...
• Texas Section 167.104 - Seizure And Disposal Of Animals Running At Large
  (a) An inspector may request a peace officer to seize animals if: (1) the inspector determines the animals to be running at large or on...
• Texas Section 167.105 - Seizure And Disposal Of Animals Moved In Violation Of Quarantine
  (a) An inspector who discovers animals that are being or have been moved in violation of a quarantine may request a peace officer to seize...
• Texas Section 167.106 - Injunction; Mandamus
  (a) The commission or a resident of this state may sue for an injunction to compel compliance with a provision of this chapter or to...
• Texas Section 167.107 - Sale Of Animals Treated Or Seized By Peace Officer
  (a) A peace officer who gathers and treats or who seizes and impounds or disposes of animals under Section 167.103, 167.104, or 167.105 is entitled...
• Texas Section 167.108 - Liens
  (a) A peace officer who gathers and treats or who seizes and impounds or disposes of animals under Section 167.103, 167.104, or 167.105 has a...
• Texas Section 167.109 - Admissibility Of Commission Instruments; Identification In Complaint
  (a) A copy of a written instrument issued by the commission is admissible as evidence in any court of this state if the copy is...
• Texas Section 167.110 - Presumption Of Existence Or Sufficiency Of Treatment
  (a) In the trial of any case under this chapter in connection with the treatment of animals or the failure to treat animals, it is...
• Texas Section 167.111 - Presumption Of Ownership Or Care
  (a) If an inspector determines that a person is the owner, part owner, or caretaker of animals subject to treatment and an order to treat...
• Texas Section 167.112 - Venue Of Criminal Prosecution
  The owner, part owner, or caretaker of animals is subject to prosecution under this chapter in the county in which the animals and the premises...

SUBCHAPTER F PENALTIES

• Texas Section 167.113 - Civil Suit Against Corporate Offender
  If a corporation or an agent of the corporation acting within the agent's scope of authority commits an offense under this chapter, the county attorney...
• Texas Section 167.131 - Refusal Of Inspection
  (a) A person commits an offense if, as the owner, part owner, or caretaker of animals, the person fails to gather the animals for inspection...
• Texas Section 167.132 - Movement Of Animals In Violation Of Quarantine
  (a) A person commits an offense if the person moves, or as owner, part owner, or caretaker permits the movement of, animals from any land,...
• Texas Section 167.133 - Movement Of Animals Or Commodities Into Texas From Quarantined Area
  (a) A person commits an offense if the person: (1) moves animals or, as owner, part owner, or caretaker, permits animals to be moved into...
• Texas Section 167.134 - Movement Of Animals In Violation Of Permit Or Certificate
  (a) A person commits an offense if the person moves or, as owner, part owner, or caretaker, permits the movement of, animals under a certificate...
• Texas Section 167.135 - Failure To Possess Or Exhibit Permit Or Certificate
  (a) A person commits an offense if the person is in charge of animals for which a certificate or permit is required or is in...
• Texas Section 167.136 - Failure To Make Statement Of Possession And Destination; Making False Statement
  (a) A person required by Section 167.028 of this code to make a written statement commits an offense if the person: (1) fails or refuses...
• Texas Section 167.137 - Failure To Disinfect Conveyance
  (a) A person required by Section 167.030 of this code to clean and disinfect a conveyance commits an offense if the person fails or refuses...
• Texas Section 167.138 - Use Of Sand As Bedding
  (a) A person commits an offense if the person uses sand as bedding in an animal conveyance in violation of a quarantine established or a...
• Texas Section 167.139 - Movement Of Commodities From Quarantined Area
  (a) A person commits an offense if the person moves a commodity capable of carrying ticks from a quarantined area in violation of a quarantine...
• Texas Section 167.140 - Improper Handling And Removal Of Animal Refuse Or Dead Or Injured Animals
  (a) A person commits an offense if the person violates a quarantine established or a commission rule adopted under Section 167.033 of this code. (b)...
• Texas Section 167.141 - Failure To Treat Animals
  (a) A person who is the owner, part owner, or caretaker of animals commits an offense if, after the 12th day following the day on...
• Texas Section 167.142 - Destruction Of Public Treatment Facilities
  (a) A person commits an offense if the person, without lawful authority: (1) damages or destroys all or part of a dipping vat, pen, chute,...
• Texas Section 167.143 - Failure To Provide Tick-free Stockyard Facilities
  (a) A stockyard company or an owner, operator, or person in charge of a stockyard commits an offense if the person fails or refuses to...
• Texas Section 167.144 - Refusal To Permit Search
  (a) A person commits an offense if the person refuses to permit a person to whom a search warrant is issued under Section 167.102 of...

Last modified: September 28, 2016