Texas 2013 - 83rd Regular

Texas House Bill HB1807 Compare Versions

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1	1	By: King of Zavala (Senate Sponsor - Hinojosa) H.B. No. 1807
2	2	(In the Senate - Received from the House April 29, 2013;
3	3	May 3, 2013, read first time and referred to Committee on
4	4	Agriculture, Rural Affairs, and Homeland Security; May 15, 2013,
5	5	reported favorably by the following vote: Yeas 5, Nays 0;
6	6	May 15, 2013, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to fever tick eradication; creating a penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 167.001, Agriculture Code, is amended by
14	14	amending Subdivision (1) and adding Subdivisions (1-a) and (8) to
15	15	read as follows:
16	16	(1) "Animal" means any domestic, free-range, or wild
17	17	animal capable of hosting or transporting ticks capable of carrying
18	18	Babesia, including:
19	19	(A) livestock;
20	20	(B) zebras, bison, and giraffes; and
21	21	(C) deer, elk, and other cervid species.
22	22	(1-a) "Commission" means the Texas Animal Health
23	23	Commission.
24	24	(8) "Treatment" means a procedure or management
25	25	practice used on an animal to prevent the infestation of, control,
26	26	or eradicate ticks capable of carrying Babesia.
27	27	SECTION 2. Sections 167.003(a) and (c), Agriculture Code,
28	28	are amended to read as follows:
29	29	(a) In accordance with this chapter, the commission shall
30	30	eradicate all ticks capable of carrying Babesia in this state and
31	31	shall protect all land, premises, and animals [livestock] in this
32	32	state from those ticks and exposure to those ticks.
33	33	(c) The commission by rule may provide for the manner and
34	34	method of treating [dipping] saddle stock and stock used for gentle
35	35	work and for the handling and certifying of that stock for movement,
36	36	but unless the commission so provides, the stock is subject to this
37	37	chapter as other animals [livestock].
38	38	SECTION 3. Sections 167.004(a) and (b), Agriculture Code,
39	39	are amended to read as follows:
40	40	(a) If a tick is found on an animal [a head of livestock],
41	41	the following are classified as tick infested:
42	42	(1) each animal [head of livestock] that is in the same
43	43	herd or is then or thereafter on the same range or in the same
44	44	enclosure as the animal on which the tick is found; and
45	45	(2) the range or enclosure in or on which the animal is
46	46	located.
47	47	(b) The commission by rule shall define what animals and
48	48	premises are to be classified as exposed to ticks. The commission
49	49	shall classify as exposed to ticks animals [livestock] that have
50	50	been on land or in an enclosure that the commission determines to be
51	51	tick infested or exposed to ticks or to have been tick infested or
52	52	exposed to ticks before or after the removal of the animals
53	53	[livestock], unless the commission determines that the infestation
54	54	or exposure occurred after the animals [livestock] were removed and
55	55	that the animals [livestock] did not become infested or exposed
56	56	before removal.
57	57	SECTION 4. Sections 167.007 and 167.008, Agriculture Code,
58	58	are amended to read as follows:
59	59	Sec. 167.007. TICK ERADICATION IN FREE AREA. (a) The
60	60	commission may conduct tick eradication in the free area and may
61	61	establish quarantines and require the treatment of animals [dipping
62	62	of livestock] in the free area as provided by this chapter. The
63	63	commission shall designate in writing the land or premises in the
64	64	free area in which tick eradication is to be conducted.
65	65	(b) An owner or caretaker of animals [livestock] in the free
66	66	area and the commissioners court of a county all or part of which is
67	67	located in the free area shall cooperate with the commission in the
68	68	manner provided by this chapter for tick eradication in the tick
69	69	eradication area.
70	70	Sec. 167.008. INSPECTIONS. The commission may order the
71	71	owner, part owner, or caretaker of animals [livestock] to gather
72	72	the animals [livestock] for inspection at a time and place
73	73	prescribed in the order of the commission. The commission shall
74	74	serve written notice of the order not later than the 12th day before
75	75	the day of inspection. A person on whom an order is served is
76	76	entitled to request and obtain a hearing in the manner provided by
77	77	this chapter for hearings on orders to treat animals [dip
78	78	livestock].
79	79	SECTION 5. Section 167.021(a), Agriculture Code, is amended
80	80	to read as follows:
81	81	(a) The commission may establish quarantines on land,
82	82	premises, and animals [livestock] as necessary for tick
83	83	eradication.
84	84	SECTION 6. Section 167.022(b), Agriculture Code, is amended
85	85	to read as follows:
86	86	(b) A quarantine under this section has the effect of
87	87	quarantining all land, premises, and animals [livestock] in the
88	88	area quarantined, regardless of whether any person's land,
89	89	premises, or animals [livestock] are specifically described in the
90	90	quarantine order.
91	91	SECTION 7. Sections 167.023(a) and (c), Agriculture Code,
92	92	are amended to read as follows:
93	93	(a) The commission by written order may establish a
94	94	quarantine in the free area if necessary for the purpose of
95	95	regulating the handling of animals [livestock] and eradicating
96	96	ticks or exposure to ticks in the free area or for the purpose of
97	97	preventing the spread of tick infestation into the free area.
98	98	(c) The commission shall give notice of a quarantine
99	99	established in the free area by:
100	100	(1) delivering notice to each owner or caretaker of
101	101	animals [livestock] in the area to be quarantined or to each owner
102	102	or caretaker of land or premises in the area on which animals
103	103	[livestock] are located;
104	104	(2) posting written notice at the courthouse door of
105	105	each county in which the area to be quarantined is located; or
106	106	(3) publishing notice in a newspaper published in each
107	107	county in which the area to be quarantined is located.
108	108	SECTION 8. Sections 167.024(a), (b), and (c), Agriculture
109	109	Code, are amended to read as follows:
110	110	(a) Unless a person first obtains a permit or a certificate
111	111	from an authorized inspector, the person may not move animals
112	112	[livestock] in a quarantined area:
113	113	(1) from land owned, leased, or occupied by one person
114	114	into or through any other land owned, leased, or occupied by another
115	115	person; or
116	116	(2) onto any open range, public street, public road,
117	117	or thoroughfare.
118	118	(b) Unless the person first obtains a permit or a
119	119	certificate from an authorized inspector, the owner or caretaker of
120	120	animals [livestock] in a quarantined area may not move the animals
121	121	[livestock], or permit the animals [livestock] to be moved, from an
122	122	enclosure owned, leased, or occupied by that person, from any open
123	123	range, street, road, or thoroughfare, or from any land that the
124	124	person does not own or control, into any other enclosure or other
125	125	land owned, cared for, or controlled by that person, if:
126	126	(1) the animals [livestock] are subject to treatment
127	127	[dipping] under this chapter and the land or enclosure to which the
128	128	animals [livestock] are moved:
129	129	(A) is classified in the records of the county
130	130	supervising inspector as being free from ticks; or
131	131	(B) has been released from quarantine by the
132	132	commission; or
133	133	(2) the animals [livestock] are subject to treatment
134	134	[dipping] but are not being treated [dipped] under this chapter in
135	135	the conduct of regular systematic tick eradication by the
136	136	commission and the land or enclosure to which the animals
137	137	[livestock] are moved is owned or controlled by that person and:
138	138	(A) tick eradication work is being conducted
139	139	there; or
140	140	(B) the land or enclosure is vacated under the
141	141	direction of the commission for the purpose of tick eradication.
142	142	(c) The owner or caretaker of animals [livestock] located in
143	143	a quarantined area may move animals [livestock], or permit animals
144	144	[livestock] to be moved, to and from treatment facilities [dipping
145	145	vats] for the purpose of treating the animals [dipping the
146	146	livestock] on a regular treatment [dipping] date at the treatment
147	147	facility [vat] to which the animals [livestock] are to be moved or
148	148	on another date designated by the inspector in charge of the
149	149	treatment facility [vat]. The movement of animals [livestock]
150	150	under this subsection must be in accordance with the rules of the
151	151	commission. Any other movement is considered to be in violation of
152	152	the quarantine.
153	153	SECTION 9. Section 167.025, Agriculture Code, is amended to
154	154	read as follows:
155	155	Sec. 167.025. MOVEMENT IN OR FROM INACTIVE QUARANTINED
156	156	AREA. A person may not move animals [livestock] or permit animals
157	157	[livestock] to be moved from or within the inactive quarantined
158	158	area except in accordance with the rules of the commission.
159	159	SECTION 10. Sections 167.026(a) and (b), Agriculture Code,
160	160	are amended to read as follows:
161	161	(a) A person may not move animals [livestock], or permit
162	162	animals [livestock] of which the person is the owner, part owner, or
163	163	caretaker to be moved, into this state from an area in another
164	164	state, territory, or country that is under state or federal
165	165	quarantine for tick infestation or exposure unless the animals
166	166	[livestock] are accompanied by a certificate from an inspector of
167	167	the Animal and Plant Health Inspection Service, United States
168	168	Department of Agriculture.
169	169	(b) A person may not move goats, hogs, sheep, exotic
170	170	livestock, or circus animals into this state from an area of another
171	171	state, territory, or country that is under state or federal
172	172	quarantine for tick infestation unless the animals:
173	173	(1) have been treated [dipped] free from infestation
174	174	or exposure; and
175	175	(2) are certified as having been so treated by an
176	176	inspector of the commission or of the Animal and Plant Health
177	177	Inspection Service, United States Department of Agriculture.
178	178	SECTION 11. Section 167.027, Agriculture Code, is amended
179	179	to read as follows:
180	180	Sec. 167.027. PERMIT OR CERTIFICATE TO ACCOMPANY MOVEMENT.
181	181	(a) A certificate or permit required for movement of animals
182	182	[livestock] within or into this state must be in the possession of
183	183	the person in charge of the movement or the conveyance from the
184	184	point of origin to the point of destination. If the movement is by a
185	185	transportation company, including a railway or express company, the
186	186	certificate must be attached to the shipping papers accompanying
187	187	the movement from the point of origin to the point of destination.
188	188	On demand of an inspector, the person in charge of the movement or
189	189	conveyance shall exhibit the certificate or permit.
190	190	(b) A certificate required for movement of [goats, hogs,
191	191	sheep, exotic livestock, or circus animals, or for movement of]
192	192	articles listed in Section 167.026(c) [of this code,] must
193	193	accompany the movement to the final destination in this state or so
194	194	long as the [animals or] articles are moving through this state.
195	195	SECTION 12. Sections 167.028 and 167.029, Agriculture Code,
196	196	are amended to read as follows:
197	197	Sec. 167.028. STATEMENT OF POSSESSION AND DESTINATION. On
198	198	request of an inspector, the owner, part owner, or caretaker, or a
199	199	person accompanying and connected with a shipment, of animals
200	200	[livestock] that are being moved in this state or have been moved in
201	201	this state within 60 days preceding the request, shall make a
202	202	written statement of:
203	203	(1) the name of the owner or the person controlling the
204	204	land from which the shipment originated and the county in which that
205	205	land is located;
206	206	(2) the county and the particular place in that county
207	207	to which the shipment is or was destined;
208	208	(3) the name and address of the person from whom the
209	209	animals [livestock] were obtained, if the animals [livestock] were
210	210	obtained in the 30 days preceding the request, or, if the animals
211	211	[livestock] were not obtained during the 30 days preceding the
212	212	request, a statement of that fact; and
213	213	(4) the territory through which the shipment passed
214	214	since leaving the point of origin and through which the shipment is
215	215	intended to pass before reaching the point of destination.
216	216	Sec. 167.029. CONDITIONS, MANNER, AND METHOD OF MOVING AND
217	217	HANDLING. (a) The commission by rule shall provide the conditions
218	218	for and the manner and method of handling and moving animals
219	219	[livestock]:
220	220	(1) into, in, and from the tick eradication area;
221	221	(2) into, in, and from quarantined land or premises in
222	222	the free area;
223	223	(3) into the released part of the free area; and
224	224	(4) into, in, and from the inactive quarantined area.
225	225	(b) Animals [Livestock] must be certified as being free from
226	226	ticks and exposure to ticks, and must be moved to the destination
227	227	without exposure, if the animals [livestock] are to be moved:
228	228	(1) into the free area;
229	229	(2) from one county to another in the tick eradication
230	230	area; or
231	231	(3) within a county to land or premises that are
232	232	classified by the official records of the supervising inspector of
233	233	the county as being free from ticks and exposure to ticks.
234	234	(c) The commission may adopt rules relating to testing,
235	235	immunizing, treating, certifying, or marking or branding animals
236	236	[livestock] moving into this state from another state or country.
237	237	SECTION 13. Section 167.030(a), Agriculture Code, is
238	238	amended to read as follows:
239	239	(a) A person, including a railway or transportation
240	240	company, who operates a conveyance into which animals [livestock]
241	241	are loaded shall clean and disinfect each car or other conveyance
242	242	after removal of the animals [livestock] unless the animals
243	243	[livestock] are clean and free from ticks or exposure to ticks.
244	244	SECTION 14. Sections 167.031 and 167.033, Agriculture Code,
245	245	are amended to read as follows:
246	246	Sec. 167.031. USE OF SAND AS BEDDING IN CONVEYANCE. The
247	247	commission may establish quarantines and restrict the use of sand
248	248	as bedding in an animal [a livestock] conveyance except for sand
249	249	from known tick-free sand pits.
250	250	Sec. 167.033. HANDLING AND REMOVAL OF REFUSE OR DEAD OR
251	251	INJURED ANIMALS [LIVESTOCK]. The commission may establish
252	252	quarantines and regulate the removal and handling of refuse matter
253	253	from quarantined stockyards, quarantined stock pens, and other
254	254	quarantined places and may establish quarantines and regulate the
255	255	handling or removal of animals [livestock] that die or are injured
256	256	in transit.
257	257	SECTION 15. The heading to Subchapter C, Chapter 167,
258	258	Agriculture Code, is amended to read as follows:
259	259	SUBCHAPTER C. TREATMENT [DIPPING]
260	260	SECTION 16. Sections 167.051 and 167.052, Agriculture Code,
261	261	are amended to read as follows:
262	262	Sec. 167.051. ANIMALS [LIVESTOCK] SUBJECT TO TREATMENT
263	263	[DIPPING]. (a) Animals [Livestock] located in the tick
264	264	eradication area are subject to treatment [dipping] if the animals
265	265	[livestock]:
266	266	(1) are infested with ticks;
267	267	(2) were exposed to ticks within the nine months
268	268	preceding an order to treat [dip]; or
269	269	(3) are on premises described in an order to treat
270	270	[dip] during the time that the order is in effect and the person to
271	271	whom the order is issued is the owner, part owner, or caretaker of
272	272	the animals [livestock].
273	273	(b) Animals [Livestock] located in the free area are subject
274	274	to treatment [dipping] if:
275	275	(1) the animals [livestock] are infested with ticks;
276	276	(2) the animals [livestock] were exposed to ticks
277	277	within the nine months preceding an order to treat [dip];
278	278	(3) the animals [livestock] are on premises described
279	279	in an order to treat [dip] during the time the order is in effect and
280	280	the person to whom the order is issued is the owner, part owner, or
281	281	caretaker of the animals [livestock]; or
282	282	(4) the commission determines that treatment
283	283	[dipping] is necessary to ensure that the animals [livestock] are
284	284	entirely free from infestation.
285	285	(c) The commission may require the treatment of animals
286	286	[dipping of livestock] that are located in the free area and are
287	287	tick infested or have been exposed to ticks regardless of whether
288	288	the animals [livestock] or the area in which the animals
289	289	[livestock] are located is under quarantine.
290	290	Sec. 167.052. ORDER TO TREAT [DIP]. (a) The commission may
291	291	order the owner, part owner, or caretaker of animals to treat the
292	292	animals [livestock to dip the livestock] in accordance with the
293	293	directions of the commission. The order must be dated, in writing,
294	294	and signed or stamped with the signature of the commission or the
295	295	presiding officer of the commission.
296	296	(b) An order to treat [dip] must:
297	297	(1) state the period of time covered by the order;
298	298	(2) describe the premises on which the animals to be
299	299	treated [livestock to be dipped] are located;
300	300	(3) state that the person to whom the order is directed
301	301	shall treat all animals [dip all livestock] of which the person is
302	302	the owner, part owner, or caretaker and which are located on those
303	303	premises during that time;
304	304	(4) state that the treatment [dipping] must be done
305	305	under the supervision of an inspector;
306	306	(5) designate the method by [vat at] which the animals
307	307	[livestock] are to be treated [dipped];
308	308	(6) state the dates on which the animals [livestock]
309	309	are to be treated [dipped]; and
310	310	(7) state that if the person does not treat the animals
311	311	[dip the livestock] on those dates, the treatment [dipping] will be
312	312	done at the person's expense by a peace officer acting in accordance
313	313	with this chapter.
314	314	(c) The order is not required to describe the premises on
315	315	which the animals [livestock] are located by field notes or metes
316	316	and bounds, but must provide a reasonable description sufficient to
317	317	inform the person to whom it is directed of the premises or land
318	318	covered by the order.
319	319	(d) An order may require the treatment of the animals
320	320	[dipping of the livestock] on as many dates as the commission
321	321	considers necessary for eradicating the infestation or exposure of
322	322	the animals [livestock] or the premises on which the animals are
323	323	[livestock is] located.
324	324	(e) An order to treat [dip] must be delivered to the person
325	325	to whom it is directed not later than the 12th day before the date
326	326	specified in the order for the first treatment [dipping], not
327	327	including the date of delivery or the date of the first treatment
328	328	[dipping].
329	329	(f) A person to whom an order to treat [dip] is directed
330	330	shall comply with the order and treat the animals [dip the
331	331	livestock] in accordance with the directions of the commission. If
332	332	the order is not delivered within the time provided by Subsection
333	333	(e) [of this section], the person receiving the order shall begin
334	334	treatment [dipping] on the first treatment [dipping] date that is
335	335	more than 12 days after the date of receipt of the order and shall
336	336	continue treatment [dipping] on subsequent dates as specified in
337	337	the order.
338	338	(g) If the animals [livestock] or the premises are not freed
339	339	from ticks or exposure to ticks before an order to treat [dip]
340	340	expires, the commission [Commission] may issue additional orders
341	341	regardless of whether the animals [livestock] were exposed to ticks
342	342	in the nine months preceding the date of the subsequent order.
343	343	SECTION 17. Sections 167.053(a) and (c), Agriculture Code,
344	344	are amended to read as follows:
345	345	(a) A person is entitled to request and obtain a hearing for
346	346	the purpose of protesting an order to treat [dip] by filing a sworn
347	347	application with the supervising inspector of the county in which
348	348	the animals [livestock] are located. The application must be filed
349	349	not later than the 10th day after the day on which the order was
350	350	received.
351	351	(c) If the commission's decision is delivered in person, a
352	352	person whose protest is overruled shall begin treatment of the
353	353	animals [dipping the livestock] on the first treatment [dipping]
354	354	date in the order that is more than two days after the day on which
355	355	the decision is received. If the decision is delivered by mail, the
356	356	person shall begin treatment [dipping] on the first treatment
357	357	[dipping] date in the order that is more than four days after the
358	358	day on which the decision was deposited in the mail.
359	359	SECTION 18. Sections 167.054, 167.055, 167.056, 167.057,
360	360	and 167.058, Agriculture Code, are amended to read as follows:
361	361	Sec. 167.054. EXCUSE FROM COMPLIANCE WITH ORDER. The
362	362	supervising inspector of a county for good cause may excuse a person
363	363	from complying with an order to treat [dip], but shall be held
364	364	responsible for excusing compliance without good cause.
365	365	Sec. 167.055. PERSONS RESPONSIBLE FOR TREATMENT [DIPPING]
366	366	AND ASSISTANCE. (a) A person who owns any interest in animals
367	367	[livestock] subject to treatment [dipping] or who is the caretaker
368	368	of the animals [that livestock] is responsible for the treatment of
369	369	the animals [dipping of the livestock] under this chapter and is
370	370	subject to prosecution for failure to treat the animals [dip the
371	371	livestock].
372	372	(b) A husband and wife are jointly and severally liable for
373	373	the treatment of animals [dipping of livestock] subject to
374	374	treatment [dipping] that belong to their community estate. Each
375	375	spouse is responsible for the treatment of animals [dipping of
376	376	livestock] belonging to that person's separate estate, except that
377	377	a spouse who is the caretaker of animals [livestock] owned by the
378	378	other spouse is responsible for the treatment of the animals
379	379	[dipping of that livestock].
380	380	(c) A person responsible for the treatment of animals
381	381	[dipping of livestock] subject to treatment [dipping] shall furnish
382	382	all necessary labor, at the person's own expense, for gathering the
383	383	animals [livestock], driving the animals to the treatment facility,
384	384	treating the animals [livestock to the dipping vat, dipping the
385	385	livestock], and returning the animals [livestock] to the person's
386	386	premises after treatment [dipping].
387	387	Sec. 167.056. MANNER OF TREATMENT [DIPPING]. If the
388	388	commission requires animals to be treated, the animals [livestock
389	389	to be dipped, the livestock] shall be [submerged in a vat, sprayed,
390	390	or] treated in the [another sanitary] manner prescribed by the
391	391	commission.
392	392	Sec. 167.057. TREATMENT CHEMICALS [DIPPING MATERIALS]. (a)
393	393	The commission shall prescribe by rule the official materials in
394	394	which animals are to be treated [livestock are to be dipped] under
395	395	this chapter. A person may not treat animals [dip livestock] for
396	396	purposes of this chapter in a material other than an official
397	397	material prescribed by the commission.
398	398	(b) The state, an agency of the state, or an agency of the
399	399	government of the United States shall, and a county may, furnish the
400	400	official materials for the treatment of animals [dipping of
401	401	livestock] under this chapter.
402	402	Sec. 167.058. TREATMENT [DIPPING] INTERVALS. A person to
403	403	whom an order to treat [dip] is directed shall treat the animals
404	404	[dip the livestock] on the dates specified in the order, but the
405	405	order of the commission must provide an interval of at least 13
406	406	days, not including any part of a treatment [dipping] date, between
407	407	the days on which it directs the animals to be treated [livestock to
408	408	be dipped]. The order of the commission may provide an interval
409	409	longer than 13 days.
410	410	SECTION 19. The heading to Section 167.059, Agriculture
411	411	Code, is amended to read as follows:
412	412	Sec. 167.059. TREATMENT [DIPPING] FACILITIES.
413	413	SECTION 20. Sections 167.059(a), (b), and (c), Agriculture
414	414	Code, are amended to read as follows:
415	415	(a) The commissioners court of each county, including a
416	416	county in the free area, in all or part of which the commission
417	417	conducts tick eradication shall cooperate with the commission and
418	418	shall furnish facilities necessary to the treatment of animals
419	419	[dipping of livestock] in that county. The commissioners court
420	420	shall furnish dipping vats, pens, chutes, and other necessary
421	421	facilities in the number, at the locations, and of the type
422	422	specified by the commission. In addition, the county, at its
423	423	expense, shall maintain the facilities and repair or remodel them
424	424	as necessary, shall provide the water for filling the vats, and
425	425	shall clean and refill the vats as necessary.
426	426	(b) For the purpose of constructing, purchasing, or leasing
427	427	treatment [dipping] facilities, and for the purpose of providing
428	428	necessary land, labor, or materials, a commissioners court may
429	429	appropriate money out of the general fund of the county or may incur
430	430	indebtedness by the issuance of warrants. A warrant issued may not
431	431	draw interest at a rate of more than six percent per year and may not
432	432	have a term of more than 20 years. The commissioners court may levy
433	433	taxes to pay interest on warrants and may establish a sinking fund
434	434	for the payment of warrants.
435	435	(c) For the purpose of acquiring necessary land for the
436	436	construction or maintenance of treatment [dipping] facilities, for
437	437	the purpose of acquiring treatment [dipping] facilities that have
438	438	already been constructed, or for the purpose of acquiring land
439	439	necessary for ingress and egress to and from those facilities, a
440	440	commissioners court has the power of eminent domain. The
441	441	commissioners court shall exercise the power of eminent domain in
442	442	the manner provided by law for acquiring land for the building and
443	443	maintenance of public buildings, except that the court shall
444	444	institute and prosecute condemnation proceedings on written
445	445	request from the presiding officer of the commission. The request
446	446	from the commission shall designate:
447	447	(1) the land to be condemned and its location;
448	448	(2) the name of the owner of the land to be condemned;
449	449	and
450	450	(3) the easement to be acquired for ingress and
451	451	egress.
452	452	SECTION 21. The heading to Section 167.060, Agriculture
453	453	Code, is amended to read as follows:
454	454	Sec. 167.060. TREATMENT [DIPPING] REQUIRED FOR MOVEMENT
455	455	FROM QUARANTINED AREA.
456	456	SECTION 22. Sections 167.060(a), (b), and (c), Agriculture
457	457	Code, are amended to read as follows:
458	458	(a) An inspector may not issue a certificate or permit for
459	459	the movement of animals [livestock] from a quarantined enclosure
460	460	unless the owner or caretaker of the animals [livestock]:
461	461	(1) is cooperating with the commission in the regular
462	462	systematic treatment of the animals [dipping of the livestock]
463	463	listed in Subsection (b) [of this section]; and
464	464	(2) has treated those animals [dipped those livestock]
465	465	on the last two treatment [dipping] dates that were prescribed for
466	466	the area in which the animals [livestock] are located and that
467	467	preceded the date of movement.
468	468	(b) In order to be issued the permit or certificate, the
469	469	owner or caretaker must cooperate with the commission in the
470	470	regular systematic treatment of animals [dipping of livestock] of
471	471	which the person is the owner or caretaker and which:
472	472	(1) are located in the enclosure from which the
473	473	animals [livestock] are to be moved;
474	474	(2) are located in quarantined enclosures that connect
475	475	with the enclosure from which the animals [livestock] are to be
476	476	moved, including an enclosure that:
477	477	(A) connects with an enclosure that connects with
478	478	the enclosure from which the animals [livestock] are to be moved; or
479	479	(B) is on the opposite side of a lane or road from
480	480	the enclosure from which the animals [livestock] are to be moved; or
481	481	(3) are located on the quarantined open range that
482	482	connects with any of the enclosures under Subdivision (1) or (2) [of
483	483	this subsection].
484	484	(c) If ticks are found on any of the animals [livestock]
485	485	submitted for movement, before the certificate or permit is issued,
486	486	each head of the animals must be treated as prescribed by commission
487	487	rules [livestock must be dipped at intervals of not less than every
488	488	7th day nor more than every 14th day and found free from ticks at the
489	489	last dipping].
490	490	SECTION 23. Section 167.082(b), Agriculture Code, is
491	491	amended to read as follows:
492	492	(b) A person to whom a notice is directed may request a
493	493	hearing for the purpose of protesting the designation in the manner
494	494	provided by Section 167.053 [of this code] for requesting a hearing
495	495	on an order to treat [dip]. The commission shall grant the hearing
496	496	and give notice of its decision in the manner provided by that
497	497	section.
498	498	SECTION 24. Section 167.101(e), Agriculture Code, is
499	499	amended to read as follows:
500	500	(e) Only an inspector appointed for the purpose may conduct
501	501	tick eradication or issue permits and certificates certifying
502	502	animals [livestock] to be free from ticks or exposure to ticks. An
503	503	inspector shall issue those permits and certificates in accordance
504	504	with the rules of the commission.
505	505	SECTION 25. Section 167.102(c), Agriculture Code, is
506	506	amended to read as follows:
507	507	(c) The search warrant shall describe the place to be
508	508	entered in a reasonable manner that will enable the person in charge
509	509	of the property to identify the property described, but the warrant
510	510	is not required to describe the property by field notes or by metes
511	511	and bounds. If the applicant for the warrant seeks to enter the
512	512	property to determine whether animals [livestock] are on the
513	513	property, the application for the warrant shall state that. If the
514	514	warrant is obtained for the purpose of seizing or treating animals
515	515	[dipping livestock], the application and the warrant shall describe
516	516	the animals [livestock, state whether the animals are cattle,
517	517	horses, mules, jacks, or jennets,] and give the approximate number
518	518	of animals. If any of that information is unknown to the applicant,
519	519	the application and warrant shall state that the information is
520	520	unknown.
521	521	SECTION 26. Sections 167.103, 167.104, and 167.105,
522	522	Agriculture Code, are amended to read as follows:
523	523	Sec. 167.103. TREATMENT OF ANIMALS [DIPPING OF CATTLE] BY
524	524	PEACE OFFICER ON REQUEST OF INSPECTOR. (a) If a person responsible
525	525	for treating animals [dipping livestock] fails to treat the animals
526	526	[dip the livestock] at the time and place directed in the order or,
527	527	prior to a treatment [dipping] date in the order, states that he or
528	528	she does not intend to treat the animals [dip the livestock], the
529	529	inspector in charge of tick eradication in that county shall notify
530	530	a peace officer.
531	531	(b) The peace officer shall deputize a sufficient number of
532	532	assistants, to be designated by the supervising inspector of the
533	533	county, shall enter the property on which the animals [livestock]
534	534	are located, and shall gather and treat the animals [dip the
535	535	livestock] under the supervision of an inspector and in accordance
536	536	with the directions of the commission.
537	537	(c) The peace officer shall continue to treat the animals
538	538	[dip the livestock] on each treatment [dipping] date specified in
539	539	the order until the person responsible for treatment [dipping]
540	540	begins and continues the treatment [dipping] in accordance with
541	541	that order.
542	542	Sec. 167.104. SEIZURE AND DISPOSAL OF ANIMALS [LIVESTOCK]
543	543	RUNNING AT LARGE. (a) An inspector may request a peace officer to
544	544	seize animals [livestock] if:
545	545	(1) the inspector determines the animals [livestock]
546	546	to be running at large or on the open range of a county or part of a
547	547	county in which the commission is conducting tick eradication under
548	548	this chapter; and
549	549	(2) the inspector is unable to locate the owner or
550	550	caretaker of the animals [livestock].
551	551	(b) The peace officer may deputize assistants, shall seize
552	552	the animals [livestock], and shall treat the animals [dip the
553	553	livestock,] under the supervision of an inspector. The officer
554	554	shall impound the animals [livestock] at a place designated by the
555	555	inspector or otherwise dispose of the animals [livestock] as
556	556	necessary for the purpose of tick eradication.
557	557	Sec. 167.105. SEIZURE AND DISPOSAL OF ANIMALS [LIVESTOCK]
558	558	MOVED IN VIOLATION OF QUARANTINE. (a) An inspector who discovers
559	559	animals [livestock] that are being or have been moved in violation
560	560	of a quarantine may request a peace officer to seize the animals
561	561	[livestock] and:
562	562	(1) impound the animals [livestock] at the expense of
563	563	the owner; or
564	564	(2) if practicable, return the animals [livestock] at
565	565	the expense of the owner to the point of origin.
566	566	(b) In addition to other expenses, the owner of the seized
567	567	animals [livestock] shall pay the officer a fee of $2 and the cost
568	568	of feeding, watering, and holding the animals [livestock].
569	569	SECTION 27. Section 167.106(c), Agriculture Code, is
570	570	amended to read as follows:
571	571	(c) The commission or a resident of a county or part of a
572	572	county in which tick eradication is being conducted may sue for
573	573	permanent or temporary relief to compel a person who is an owner,
574	574	part owner, or caretaker of animals to treat the animals [livestock
575	575	to dip that livestock] in accordance with this chapter if the person
576	576	has failed or refused to treat the animals [dip the livestock] or
577	577	has threatened to fail or refuse to treat the animals [dip the
578	578	livestock]. If the court finds that the defendant has been served
579	579	with an order of the commission to treat the animals [dip the
580	580	livestock], that the animals [livestock] are subject to treatment
581	581	[dipping], and that the material allegations of the plaintiff's
582	582	petition are true, the court shall enter an order commanding the
583	583	defendant to treat the animals [dip the livestock] in accordance
584	584	with the directions of the commission at the time and place
585	585	designated in the order of the commission or in the order of the
586	586	court. If the defendant fails to comply with the order of the
587	587	court, the court may hold the defendant in contempt and punish the
588	588	defendant accordingly and shall order a peace officer to deputize
589	589	assistants and treat the animals [dip the livestock] in accordance
590	590	with the order of the court. The expense of treating the animals
591	591	[dipping the livestock] and employing the peace officer and
592	592	assistants shall be taxed against the defendant as a cost of suit.
593	593	SECTION 28. Section 167.107, Agriculture Code, is amended
594	594	to read as follows:
595	595	Sec. 167.107. SALE OF ANIMALS TREATED [LIVESTOCK DIPPED] OR
596	596	SEIZED BY PEACE OFFICER. (a) A peace officer who gathers and
597	597	treats [dips] or who seizes and impounds or disposes of animals
598	598	[livestock] under Section 167.103, 167.104, or 167.105 [of this
599	599	code] is entitled to retain and sell the animals [livestock] for the
600	600	purpose of securing payment for the expenses of handling, including
601	601	the expenses of holding, feeding, and watering the animals
602	602	[livestock].
603	603	(b) Not later than the 60th day after the day on which
604	604	animals are treated [livestock are dipped] or seized, the peace
605	605	officer may sell at public sale to the highest bidder a number of
606	606	the animals sufficient to cover the secured expenses. The officer
607	607	shall conduct the sale at the courthouse door of the county in which
608	608	the animals [livestock] are located and shall post notice of the
609	609	sale at that courthouse door at least five days before the day of
610	610	the sale.
611	611	(c) If any proceeds of the sale remain after deducting the
612	612	amount to which the peace officer is entitled, the peace officer
613	613	shall pay those proceeds to the county treasurer subject to the
614	614	order of the owner of the animals [livestock].
615	615	(d) A peace officer who treats animals [dips livestock]
616	616	under Section 167.103 [of this code] is entitled to act under this
617	617	section to secure the expenses of each day on which the animals are
618	618	treated [dipped].
619	619	SECTION 29. Sections 167.108(a), (b), (c), (d), (e), and
620	620	(g), Agriculture Code, are amended to read as follows:
621	621	(a) A peace officer who gathers and treats [dips] or who
622	622	seizes and impounds or disposes of animals [livestock] under
623	623	Section 167.103, 167.104, or 167.105 [of this code] has a lien on
624	624	the animals [livestock] for the purpose of securing payment of the
625	625	officer's fees and the expenses of handling the animals
626	626	[livestock], including the expenses of holding, feeding, and
627	627	watering the animals [livestock] and the expenses of paying
628	628	assistants. Instead of retaining and selling the animals
629	629	[livestock] under Section 167.107 [of this code], the officer may
630	630	perfect and foreclose a lien granted by this section.
631	631	(b) A peace officer who treats animals [dips livestock] in
632	632	accordance with an order of a court under Section 167.106(c) [of
633	633	this code], and the peace officer's assistants, have a lien on the
634	634	animals [livestock] to secure payment of the expenses and costs of
635	635	the treatment [dipping].
636	636	(c) A peace officer may perfect a lien under Subsection (a)
637	637	[of this section] by filing a sworn statement of indebtedness with
638	638	the county clerk of the county in which the animals [livestock] are
639	639	located. The statement must describe the animals [livestock] and
640	640	must be filed within six months after the treatment [dipping] or
641	641	other action of the peace officer giving rise to the lien. The
642	642	statement may cover a single action or actions over a period of
643	643	time. If the statement covers actions over a period of time, the
644	644	statement must be filed within six months after the last treatment
645	645	[dipping] or other action giving rise to the lien.
646	646	(d) A peace officer may perfect a lien under Subsection (b)
647	647	[of this section] by filing a sworn statement covering a single
648	648	treatment [dipping] or a number of treatments [dippings] with the
649	649	clerk of the district court. The statement must show the number of
650	650	animals treated [livestock dipped] and must describe the animals
651	651	[livestock]. The statement must be filed within 12 months after
652	652	each treatment [dipping].
653	653	(e) A peace officer may foreclose a lien under Subsection
654	654	(a) [of this section] by filing suit against the owner of the
655	655	animals [livestock] in a court of competent jurisdiction for
656	656	collection of the account and foreclosure of the lien. The suit
657	657	must be filed within 24 months after the statement is filed with the
658	658	county clerk. In the suit, the court may not require a cost bond of
659	659	the peace officer or any person to whom the peace officer has
660	660	assigned the account. The court shall enter judgment for the debt,
661	661	with interest and costs of suit, and for foreclosure of the lien on
662	662	the number of animals that the court determines necessary to defray
663	663	the expenses and fees secured.
664	664	(g) If a lien is foreclosed under this section, the
665	665	remainder of the proceeds of the sale following deduction of
666	666	expenses and costs shall be paid to the clerk of the court in which
667	667	the suit is pending and are subject to the order of the owner of the
668	668	animals [livestock].
669	669	SECTION 30. Sections 167.110, 167.111, and 167.112,
670	670	Agriculture Code, are amended to read as follows:
671	671	Sec. 167.110. PRESUMPTION OF EXISTENCE OR SUFFICIENCY OF
672	672	TREATMENT [DIP]. (a) In the trial of any case under this chapter in
673	673	connection with the treatment of animals [dipping of livestock] or
674	674	the failure to treat animals [dip livestock], it is presumed that:
675	675	(1) the treatment [dipping vat] contained a sufficient
676	676	amount of treatment chemical and the treatment chemical [dipping
677	677	solution and the dipping solution] had been properly tested; or
678	678	(2) the treatment chemical [dipping solution] could
679	679	have and would have been put into the treatment facility [vat] and
680	680	tested if the owner or caretaker had brought the animals to the
681	681	treatment facility [livestock to the vat] for the purpose of
682	682	treatment [dipping].
683	683	(b) In a criminal prosecution for failure to treat animals
684	684	[dip livestock] under this chapter, the state is not required to
685	685	allege and prove that the treatment facility [vat] contained
686	686	treatment chemical [dipping solution].
687	687	(c) If it is necessary in a court proceeding to prove the
688	688	test of a treatment chemical [dipping solution], it is only
689	689	necessary to prove that:
690	690	(1) the treatment chemical [dipping solution] used was
691	691	one of the official treatment chemicals [dipping materials]
692	692	prescribed by the commission; and
693	693	(2) the inspector tested the treatment chemical
694	694	[dipping solution] in accordance with the rules of the commission.
695	695	Sec. 167.111. PRESUMPTION OF OWNERSHIP OR CARE. (a) If an
696	696	inspector determines that a person is the owner, part owner, or
697	697	caretaker of animals [livestock] subject to treatment [dipping] and
698	698	an order to treat [dip] is issued and served, it is presumed that,
699	699	at the time of a failure to treat [dip], the person was still the
700	700	owner, part owner, or caretaker of animals [livestock] subject to
701	701	treatment [dipping] located on the premises described in the order.
702	702	In that case, the state is required to prove only that the person
703	703	was the owner, part owner, or caretaker of animals [livestock]
704	704	subject to treatment [dipping] located on the premises at the time
705	705	the order was served.
706	706	(b) After the service of an order to treat [dip], if there
707	707	are no longer any animals [livestock] subject to treatment
708	708	[dipping] located on the premises and if no animals [livestock]
709	709	subject to treatment [dipping] have been illegally removed, the
710	710	defendant may file a sworn statement of that fact at the beginning
711	711	of the trial. If the defendant does not file that statement, it is
712	712	presumed that the defendant's status as owner, part owner, or
713	713	caretaker remained unchanged since the service of the order.
714	714	Sec. 167.112. VENUE OF CRIMINAL PROSECUTION. The owner,
715	715	part owner, or caretaker of animals [livestock] is subject to
716	716	prosecution under this chapter in the county in which the animals
717	717	[livestock] and the premises are located, regardless of whether the
718	718	defendant was in the county at the time of issuance and service of
719	719	the order to treat [dip], at the time of the failure to treat [dip],
720	720	or at the time of violation of the quarantine.
721	721	SECTION 31. Section 167.131(a), Agriculture Code, is
722	722	amended to read as follows:
723	723	(a) A person commits an offense if, as the owner, part
724	724	owner, or caretaker of animals [livestock], the person fails to
725	725	gather the animals [livestock] for inspection at the time and place
726	726	ordered by the commission under Section 167.008 [of this code].
727	727	SECTION 32. Section 167.132, Agriculture Code, is amended
728	728	to read as follows:
729	729	Sec. 167.132. MOVEMENT OF ANIMALS [LIVESTOCK] IN VIOLATION
730	730	OF QUARANTINE. (a) A person commits an offense if the person
731	731	moves, or as owner, part owner, or caretaker permits the movement
732	732	of, animals [livestock] from any land, premises, or enclosure that
733	733	is under quarantine for tick infestation or exposure in violation
734	734	of the quarantine without a permit issued by an inspector of the
735	735	commission or of the Animal and Plant Health Inspection Service,
736	736	United States Department of Agriculture.
737	737	(b) A railroad or other transportation company commits an
738	738	offense if it permits an animal [a head of livestock] to enter stock
739	739	pens in the tick eradication area under the company's control
740	740	without a written certificate or permit from an inspector of the
741	741	commission or of the Animal and Plant Health Inspection Service,
742	742	United States Department of Agriculture.
743	743	(c) An offense under this section is a Class C misdemeanor
744	744	for each animal [head of livestock] moved, permitted to move, or
745	745	permitted to enter the pen unless it is shown on the trial of the
746	746	offense that the defendant has been previously convicted under this
747	747	section, in which event the offense is a Class B misdemeanor.
748	748	(d) Except as provided by this subsection, a person commits
749	749	a separate offense under Subsection (a) [of this section] for each
750	750	county into which animals [livestock] are moved within 30 days
751	751	following the day on which the animals [livestock] leave the county
752	752	in which they were quarantined. A person does not commit an offense
753	753	for a county if the person complied with the requirements of this
754	754	chapter prior to entry into that county.
755	755	SECTION 33. Sections 167.133(a) and (b), Agriculture Code,
756	756	are amended to read as follows:
757	757	(a) A person commits an offense if the person:
758	758	(1) moves animals [livestock] or, as owner, part
759	759	owner, or caretaker, permits animals [livestock] to be moved into
760	760	this state in violation of Section 167.026(a) [of this code]; or
761	761	(2) moves animals or commodities into this state in
762	762	violation of Section 167.026(b) or (c) [of this code].
763	763	(b) An offense under Subsection (a)(1) [of this code] is a
764	764	Class C misdemeanor for each animal [head of livestock] moved or
765	765	permitted to be moved unless it is shown on the trial of the offense
766	766	that the defendant has been previously convicted under this
767	767	section, in which event the offense is a Class B misdemeanor.
768	768	SECTION 34. Sections 167.134 and 167.135, Agriculture Code,
769	769	are amended to read as follows:
770	770	Sec. 167.134. MOVEMENT OF ANIMALS [LIVESTOCK] IN VIOLATION
771	771	OF PERMIT OR CERTIFICATE. (a) A person commits an offense if the
772	772	person moves or, as owner, part owner, or caretaker, permits the
773	773	movement of, animals [livestock] under a certificate or permit from
774	774	quarantined land, premises, or enclosures to a place other than
775	775	that designated on the certificate or permit by the inspector.
776	776	(b) An offense under this section is a Class C misdemeanor
777	777	for each animal [head of livestock] moved unless it is shown on the
778	778	trial of the offense that the defendant has been previously
779	779	convicted under this section, in which event the offense is a Class
780	780	B misdemeanor.
781	781	Sec. 167.135. FAILURE TO POSSESS OR EXHIBIT PERMIT OR
782	782	CERTIFICATE. (a) A person commits an offense if the person is in
783	783	charge of animals [livestock] for which a certificate or permit is
784	784	required or is in charge of the conveyance transporting that animal
785	785	[livestock] and the person fails to possess or exhibit the
786	786	certificate or permit in the manner provided by Section 167.027 [of
787	787	this code].
788	788	(b) An offense under this section is a Class C misdemeanor
789	789	for each animal [head of livestock] moved or conveyed without a
790	790	certificate or permit as required by Subsection (a) [of this
791	791	section] unless it is shown on the trial of the offense that the
792	792	defendant has been previously convicted under this section, in
793	793	which event the offense is a Class B misdemeanor.
794	794	SECTION 35. Section 167.138(a), Agriculture Code, is
795	795	amended to read as follows:
796	796	(a) A person commits an offense if the person uses sand as
797	797	bedding in an animal [a livestock] conveyance in violation of a
798	798	quarantine established or a commission rule adopted under Section
799	799	167.031 [of this code].
800	800	SECTION 36. The heading to Section 167.140, Agriculture
801	801	Code, is amended to read as follows:
802	802	Sec. 167.140. IMPROPER HANDLING AND REMOVAL OF ANIMAL
803	803	[LIVESTOCK] REFUSE OR DEAD OR INJURED ANIMALS [LIVESTOCK].
804	804	SECTION 37. The heading to Section 167.141, Agriculture
805	805	Code, is amended to read as follows:
806	806	Sec. 167.141. FAILURE TO TREAT ANIMALS [DIP LIVESTOCK].
807	807	SECTION 38. Section 167.141(a), Agriculture Code, is
808	808	amended to read as follows:
809	809	(a) A person who is the owner, part owner, or caretaker of
810	810	animals [livestock] commits an offense if, after the 12th day
811	811	following the day on which notice of an order to treat [dip] is
812	812	received, the person fails or refuses to treat the animals [dip the
813	813	livestock] as prescribed in the order, on any date prescribed in the
814	814	order, during the hours prescribed in the order, under the
815	815	supervision of an inspector, with [in] an official treatment
816	816	chemical [dipping material], or in the treatment facility [dipping
817	817	vat] designated in the order.
818	818	SECTION 39. The heading to Section 167.142, Agriculture
819	819	Code, is amended to read as follows:
820	820	Sec. 167.142. DESTRUCTION OF PUBLIC TREATMENT [DIPPING]
821	821	FACILITIES.
822	822	SECTION 40. (a) The changes in law made by this Act apply
823	823	only to an offense committed on or after the effective date of this
824	824	Act. For purposes of this section, an offense is committed before
825	825	the effective date of this Act if any element of the offense occurs
826	826	before that date.
827	827	(b) An offense committed before the effective date of this
828	828	Act is covered by the law in effect when the offense was committed,
829	829	and the former law is continued in effect for that purpose.
830	830	SECTION 41. Not later than December 1, 2013, the Texas
831	831	Animal Health Commission shall adopt rules as required by this Act.
832	832	SECTION 42. This Act takes effect September 1, 2013.
833	833	* * * * *