By: Hinojosa S.B. No. 1095
(In the Senate - Filed March 5, 2013; March 12, 2013, read
first time and referred to Committee on Agriculture, Rural Affairs,
and Homeland Security; April 11, 2013, reported favorably by the
following vote: Yeas 4, Nays 0; April 11, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to fever tick eradication; creating a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 167.001, Agriculture Code, is amended by
amending Subdivision (1) and adding Subdivisions (1-a) and (8) to
read as follows:
(1) "Animal" means any domestic, free-range, or wild
animal capable of hosting or transporting ticks capable of carrying
Babesia, including:
(A) livestock;
(B) zebras, bison, and giraffes; and
(C) deer, elk, and other cervid species.
(1-a) "Commission" means the Texas Animal Health
Commission.
(8) "Treatment" means a procedure or management
practice used on an animal to prevent the infestation of, control,
or eradicate ticks capable of carrying Babesia.
SECTION 2. Subsections (a) and (c), Section 167.003,
Agriculture Code, are amended to read as follows:
(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, and animals [livestock] in this
state from those ticks and exposure to those ticks.
(c) The commission by rule may provide for the manner and
method of treating [dipping] saddle stock and stock used for gentle
work and for the handling and certifying of that stock for movement,
but unless the commission so provides, the stock is subject to this
chapter as other animals [livestock].
SECTION 3. Subsections (a) and (b), Section 167.004,
Agriculture Code, are amended to read as follows:
(a) If a tick is found on an animal [a head of livestock],
the following are classified as tick infested:
(1) each animal [head of livestock] that is in the same
herd or is then or thereafter on the same range or in the same
enclosure as the animal on which the tick is found; and
(2) the range or enclosure in or on which the animal is
located.
(b) The commission by rule shall define what animals and
premises are to be classified as exposed to ticks. The commission
shall classify as exposed to ticks animals [livestock] that have
been on land or in an enclosure that the commission determines to be
tick infested or exposed to ticks or to have been tick infested or
exposed to ticks before or after the removal of the animals
[livestock], unless the commission determines that the infestation
or exposure occurred after the animals [livestock] were removed and
that the animals [livestock] did not become infested or exposed
before removal.
SECTION 4. Sections 167.007 and 167.008, Agriculture Code,
are amended to read as follows:
Sec. 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 [dipping
of livestock] in the free area as provided by this chapter. The
commission shall designate in writing the land or premises in the
free area in which tick eradication is to be conducted.
(b) An owner or caretaker of animals [livestock] in the free
area and the commissioners court of a county all or part of which is
located in the free area shall cooperate with the commission in the
manner provided by this chapter for tick eradication in the tick
eradication area.
Sec. 167.008. INSPECTIONS. The commission may order the
owner, part owner, or caretaker of animals [livestock] to gather
the animals [livestock] for inspection at a time and place
prescribed in the order of the commission. The commission shall
serve written notice of the order not later than the 12th day before
the day of inspection. A person on whom an order is served is
entitled to request and obtain a hearing in the manner provided by
this chapter for hearings on orders to treat animals [dip
livestock].
SECTION 5. Subsection (a), Section 167.021, Agriculture
Code, is amended to read as follows:
(a) The commission may establish quarantines on land,
premises, and animals [livestock] as necessary for tick
eradication.
SECTION 6. Subsection (b), Section 167.022, Agriculture
Code, is amended to read as follows:
(b) A quarantine under this section has the effect of
quarantining all land, premises, and animals [livestock] in the
area quarantined, regardless of whether any person's land,
premises, or animals [livestock] are specifically described in the
quarantine order.
SECTION 7. Subsections (a) and (c), Section 167.023,
Agriculture Code, are amended to read as follows:
(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 [livestock] and eradicating
ticks or exposure to ticks in the free area or for the purpose of
preventing the spread of tick infestation into the free area.
(c) The commission shall give notice of a quarantine
established in the free area by:
(1) delivering notice to each owner or caretaker of
animals [livestock] in the area to be quarantined or to each owner
or caretaker of land or premises in the area on which animals
[livestock] are located;
(2) posting written notice at the courthouse door of
each county in which the area to be quarantined is located; or
(3) publishing notice in a newspaper published in each
county in which the area to be quarantined is located.
SECTION 8. Subsections (a), (b), and (c), Section 167.024,
Agriculture Code, are amended to read as follows:
(a) Unless a person first obtains a permit or a certificate
from an authorized inspector, the person may not move animals
[livestock] in a quarantined area:
(1) from land owned, leased, or occupied by one person
into or through any other land owned, leased, or occupied by another
person; or
(2) onto any open range, public street, public road,
or thoroughfare.
(b) Unless the person first obtains a permit or a
certificate from an authorized inspector, the owner or caretaker of
animals [livestock] in a quarantined area may not move the animals
[livestock], or permit the animals [livestock] to be moved, from an
enclosure owned, leased, or occupied by that person, from any open
range, street, road, or thoroughfare, or from any land that the
person does not own or control, into any other enclosure or other
land owned, cared for, or controlled by that person, if:
(1) the animals [livestock] are subject to treatment
[dipping] under this chapter and the land or enclosure to which the
animals [livestock] are moved:
(A) is classified in the records of the county
supervising inspector as being free from ticks; or
(B) has been released from quarantine by the
commission; or
(2) the animals [livestock] are subject to treatment
[dipping] but are not being treated [dipped] under this chapter in
the conduct of regular systematic tick eradication by the
commission and the land or enclosure to which the animals
[livestock] are moved is owned or controlled by that person and:
(A) tick eradication work is being conducted
there; or
(B) the land or enclosure is vacated under the
direction of the commission for the purpose of tick eradication.
(c) The owner or caretaker of animals [livestock] located in
a quarantined area may move animals [livestock], or permit animals
[livestock] to be moved, to and from treatment facilities [dipping
vats] for the purpose of treating the animals [dipping the
livestock] on a regular treatment [dipping] date at the treatment
facility [vat] to which the animals [livestock] are to be moved or
on another date designated by the inspector in charge of the
treatment facility [vat]. The movement of animals [livestock]
under this subsection must be in accordance with the rules of the
commission. Any other movement is considered to be in violation of
the quarantine.
SECTION 9. Section 167.025, Agriculture Code, is amended to
read as follows:
Sec. 167.025. MOVEMENT IN OR FROM INACTIVE QUARANTINED
AREA. A person may not move animals [livestock] or permit animals
[livestock] to be moved from or within the inactive quarantined
area except in accordance with the rules of the commission.
SECTION 10. Subsections (a) and (b), Section 167.026,
Agriculture Code, are amended to read as follows:
(a) A person may not move animals [livestock], or permit
animals [livestock] of which the person is the owner, part owner, or
caretaker to be moved, into this state from an area in another
state, territory, or country that is under state or federal
quarantine for tick infestation or exposure unless the animals
[livestock] are accompanied by a certificate from an inspector of
the Animal and Plant Health Inspection Service, United States
Department of Agriculture.
(b) A person may not move goats, hogs, sheep, exotic
livestock, or circus animals into this state from an area of another
state, territory, or country that is under state or federal
quarantine for tick infestation unless the animals:
(1) have been treated [dipped] free from infestation
or exposure; and
(2) are certified as having been so treated by an
inspector of the commission or of the Animal and Plant Health
Inspection Service, United States Department of Agriculture.
SECTION 11. Section 167.027, Agriculture Code, is amended
to read as follows:
Sec. 167.027. PERMIT OR CERTIFICATE TO ACCOMPANY MOVEMENT.
(a) A certificate or permit required for movement of animals
[livestock] within or into this state must be in the possession of
the person in charge of the movement or the conveyance from the
point of origin to the point of destination. If the movement is by a
transportation company, including a railway or express company, the
certificate must be attached to the shipping papers accompanying
the movement from the point of origin to the point of destination.
On demand of an inspector, the person in charge of the movement or
conveyance shall exhibit the certificate or permit.
(b) A certificate required for movement of [goats, hogs,
sheep, exotic livestock, or circus animals, or for movement of]
articles listed in Section 167.026(c) [of this code,] must
accompany the movement to the final destination in this state or so
long as the [animals or] articles are moving through this state.
SECTION 12. Sections 167.028 and 167.029, Agriculture Code,
are amended to read as follows:
Sec. 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
[livestock] that are being moved in this state or have been moved in
this state within 60 days preceding the request, shall make a
written statement of:
(1) the name of the owner or the person controlling the
land from which the shipment originated and the county in which that
land is located;
(2) the county and the particular place in that county
to which the shipment is or was destined;
(3) the name and address of the person from whom the
animals [livestock] were obtained, if the animals [livestock] were
obtained in the 30 days preceding the request, or, if the animals
[livestock] were not obtained during the 30 days preceding the
request, a statement of that fact; and
(4) the territory through which the shipment passed
since leaving the point of origin and through which the shipment is
intended to pass before reaching the point of destination.
Sec. 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
[livestock]:
(1) into, in, and from the tick eradication area;
(2) into, in, and from quarantined land or premises in
the free area;
(3) into the released part of the free area; and
(4) into, in, and from the inactive quarantined area.
(b) Animals [Livestock] must be certified as being free from
ticks and exposure to ticks, and must be moved to the destination
without exposure, if the animals [livestock] are to be moved:
(1) into the free area;
(2) from one county to another in the tick eradication
area; or
(3) within a county to land or premises that are
classified by the official records of the supervising inspector of
the county as being free from ticks and exposure to ticks.
(c) The commission may adopt rules relating to testing,
immunizing, treating, certifying, or marking or branding animals
[livestock] moving into this state from another state or country.
SECTION 13. Subsection (a), Section 167.030, Agriculture
Code, is amended to read as follows:
(a) A person, including a railway or transportation
company, who operates a conveyance into which animals [livestock]
are loaded shall clean and disinfect each car or other conveyance
after removal of the animals [livestock] unless the animals
[livestock] are clean and free from ticks or exposure to ticks.
SECTION 14. Sections 167.031 and 167.033, Agriculture Code,
are amended to read as follows:
Sec. 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 [a livestock] conveyance except for sand
from known tick-free sand pits.
Sec. 167.033. HANDLING AND REMOVAL OF REFUSE OR DEAD OR
INJURED ANIMALS [LIVESTOCK]. 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 may establish quarantines and regulate the
handling or removal of animals [livestock] that die or are injured
in transit.
SECTION 15. The heading to Subchapter C, Chapter 167,
Agriculture Code, is amended to read as follows:
SUBCHAPTER C. TREATMENT [DIPPING]
SECTION 16. Sections 167.051 and 167.052, Agriculture Code,
are amended to read as follows:
Sec. 167.051. ANIMALS [LIVESTOCK] SUBJECT TO TREATMENT
[DIPPING]. (a) Animals [Livestock] located in the tick
eradication area are subject to treatment [dipping] if the animals
[livestock]:
(1) are infested with ticks;
(2) were exposed to ticks within the nine months
preceding an order to treat [dip]; or
(3) are on premises described in an order to treat
[dip] during the time that the order is in effect and the person to
whom the order is issued is the owner, part owner, or caretaker of
the animals [livestock].
(b) Animals [Livestock] located in the free area are subject
to treatment [dipping] if:
(1) the animals [livestock] are infested with ticks;
(2) the animals [livestock] were exposed to ticks
within the nine months preceding an order to treat [dip];
(3) the animals [livestock] are on premises described
in an order to treat [dip] during the time the order is in effect and
the person to whom the order is issued is the owner, part owner, or
caretaker of the animals [livestock]; or
(4) the commission determines that treatment
[dipping] is necessary to ensure that the animals [livestock] are
entirely free from infestation.
(c) The commission may require the treatment of animals
[dipping of livestock] that are located in the free area and are
tick infested or have been exposed to ticks regardless of whether
the animals [livestock] or the area in which the animals
[livestock] are located is under quarantine.
Sec. 167.052. ORDER TO TREAT [DIP]. (a) The commission
may order the owner, part owner, or caretaker of animals to treat
the animals [livestock to dip the livestock] in accordance with the
directions of the commission. The order must be dated, in writing,
and signed or stamped with the signature of the commission or the
presiding officer of the commission.
(b) An order to treat [dip] must:
(1) state the period of time covered by the order;
(2) describe the premises on which the animals to be
treated [livestock to be dipped] are located;
(3) state that the person to whom the order is directed
shall treat all animals [dip all livestock] of which the person is
the owner, part owner, or caretaker and which are located on those
premises during that time;
(4) state that the treatment [dipping] must be done
under the supervision of an inspector;
(5) designate the method by [vat at] which the animals
[livestock] are to be treated [dipped];
(6) state the dates on which the animals [livestock]
are to be treated [dipped]; and
(7) state that if the person does not treat the animals
[dip the livestock] on those dates, the treatment [dipping] will be
done at the person's expense by a peace officer acting in accordance
with this chapter.
(c) The order is not required to describe the premises on
which the animals [livestock] are located by field notes or metes
and bounds, but must provide a reasonable description sufficient to
inform the person to whom it is directed of the premises or land
covered by the order.
(d) An order may require the treatment of the animals
[dipping of the livestock] on as many dates as the commission
considers necessary for eradicating the infestation or exposure of
the animals [livestock] or the premises on which the animals are
[livestock is] located.
(e) An order to treat [dip] must be delivered to the person
to whom it is directed not later than the 12th day before the date
specified in the order for the first treatment [dipping], not
including the date of delivery or the date of the first treatment
[dipping].
(f) A person to whom an order to treat [dip] is directed
shall comply with the order and treat the animals [dip the
livestock] in accordance with the directions of the commission. If
the order is not delivered within the time provided by Subsection
(e) [of this section], the person receiving the order shall begin
treatment [dipping] on the first treatment [dipping] date that is
more than 12 days after the date of receipt of the order and shall
continue treatment [dipping] on subsequent dates as specified in
the order.
(g) If the animals [livestock] or the premises are not freed
from ticks or exposure to ticks before an order to treat [dip]
expires, the commission [Commission] may issue additional orders
regardless of whether the animals [livestock] were exposed to ticks
in the nine months preceding the date of the subsequent order.
SECTION 17. Subsections (a) and (c), Section 167.053,
Agriculture Code, are amended to read as follows:
(a) A person is entitled to request and obtain a hearing for
the purpose of protesting an order to treat [dip] by filing a sworn
application with the supervising inspector of the county in which
the animals [livestock] are located. The application must be filed
not later than the 10th day after the day on which the order was
received.
(c) If the commission's decision is delivered in person, a
person whose protest is overruled shall begin treatment of the
animals [dipping the livestock] on the first treatment [dipping]
date in the order that is more than two days after the day on which
the decision is received. If the decision is delivered by mail, the
person shall begin treatment [dipping] on the first treatment
[dipping] date in the order that is more than four days after the
day on which the decision was deposited in the mail.
SECTION 18. Sections 167.054, 167.055, 167.056, 167.057,
and 167.058, Agriculture Code, are amended to read as follows:
Sec. 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 [dip], but shall be held
responsible for excusing compliance without good cause.
Sec. 167.055. PERSONS RESPONSIBLE FOR TREATMENT [DIPPING]
AND ASSISTANCE. (a) A person who owns any interest in animals
[livestock] subject to treatment [dipping] or who is the caretaker
of the animals [that livestock] is responsible for the treatment of
the animals [dipping of the livestock] under this chapter and is
subject to prosecution for failure to treat the animals [dip the
livestock].
(b) A husband and wife are jointly and severally liable for
the treatment of animals [dipping of livestock] subject to
treatment [dipping] that belong to their community estate. Each
spouse is responsible for the treatment of animals [dipping of
livestock] belonging to that person's separate estate, except that
a spouse who is the caretaker of animals [livestock] owned by the
other spouse is responsible for the treatment of the animals
[dipping of that livestock].
(c) A person responsible for the treatment of animals
[dipping of livestock] subject to treatment [dipping] shall furnish
all necessary labor, at the person's own expense, for gathering the
animals [livestock], driving the animals to the treatment facility,
treating the animals [livestock to the dipping vat, dipping the
livestock], and returning the animals [livestock] to the person's
premises after treatment [dipping].
Sec. 167.056. MANNER OF TREATMENT [DIPPING]. If the
commission requires animals to be treated, the animals [livestock
to be dipped, the livestock] shall be [submerged in a vat, sprayed,
or] treated in the [another sanitary] manner prescribed by the
commission.
Sec. 167.057. TREATMENT CHEMICALS [DIPPING MATERIALS].
(a) The commission shall prescribe by rule the official materials
in which animals are to be treated [livestock are to be dipped]
under this chapter. A person may not treat animals [dip livestock]
for purposes of this chapter in a material other than an official
material prescribed by the commission.
(b) The state, an agency of the state, or an agency of the
government of the United States shall, and a county may, furnish the
official materials for the treatment of animals [dipping of
livestock] under this chapter.
Sec. 167.058. TREATMENT [DIPPING] INTERVALS. A person to
whom an order to treat [dip] is directed shall treat the animals
[dip the livestock] on the dates specified in the order, but the
order of the commission must provide an interval of at least 13
days, not including any part of a treatment [dipping] date, between
the days on which it directs the animals to be treated [livestock to
be dipped]. The order of the commission may provide an interval
longer than 13 days.
SECTION 19. The heading to Section 167.059, Agriculture
Code, is amended to read as follows:
Sec. 167.059. TREATMENT [DIPPING] FACILITIES.
SECTION 20. Subsections (a), (b), and (c), Section 167.059,
Agriculture Code, are amended to read as follows:
(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 shall cooperate with the commission and
shall furnish facilities necessary to the treatment of animals
[dipping of livestock] in that county. The commissioners court
shall furnish dipping vats, pens, chutes, and other necessary
facilities in the number, at the locations, and of the type
specified by the commission. In addition, the county, at its
expense, shall maintain the facilities and repair or remodel them
as necessary, shall provide the water for filling the vats, and
shall clean and refill the vats as necessary.
(b) For the purpose of constructing, purchasing, or leasing
treatment [dipping] facilities, and for the purpose of providing
necessary land, labor, or materials, a commissioners court may
appropriate money out of the general fund of the county or may incur
indebtedness by the issuance of warrants. A warrant issued may not
draw interest at a rate of more than six percent per year and may not
have a term of more than 20 years. The commissioners court may levy
taxes to pay interest on warrants and may establish a sinking fund
for the payment of warrants.
(c) For the purpose of acquiring necessary land for the
construction or maintenance of treatment [dipping] facilities, for
the purpose of acquiring treatment [dipping] facilities that have
already been constructed, or for the purpose of acquiring land
necessary for ingress and egress to and from those facilities, a
commissioners court has the power of eminent domain. The
commissioners court shall exercise the power of eminent domain in
the manner provided by law for acquiring land for the building and
maintenance of public buildings, except that the court shall
institute and prosecute condemnation proceedings on written
request from the presiding officer of the commission. The request
from the commission shall designate:
(1) the land to be condemned and its location;
(2) the name of the owner of the land to be condemned;
and
(3) the easement to be acquired for ingress and
egress.
SECTION 21. The heading to Section 167.060, Agriculture
Code, is amended to read as follows:
Sec. 167.060. TREATMENT [DIPPING] REQUIRED FOR MOVEMENT
FROM QUARANTINED AREA.
SECTION 22. Subsections (a), (b), and (c), Section 167.060,
Agriculture Code, are amended to read as follows:
(a) An inspector may not issue a certificate or permit for
the movement of animals [livestock] from a quarantined enclosure
unless the owner or caretaker of the animals [livestock]:
(1) is cooperating with the commission in the regular
systematic treatment of the animals [dipping of the livestock]
listed in Subsection (b) [of this section]; and
(2) has treated those animals [dipped those livestock]
on the last two treatment [dipping] dates that were prescribed for
the area in which the animals [livestock] are located and that
preceded the date of movement.
(b) In order to be issued the permit or certificate, the
owner or caretaker must cooperate with the commission in the
regular systematic treatment of animals [dipping of livestock] of
which the person is the owner or caretaker and which:
(1) are located in the enclosure from which the
animals [livestock] are to be moved;
(2) are located in quarantined enclosures that connect
with the enclosure from which the animals [livestock] are to be
moved, including an enclosure that:
(A) connects with an enclosure that connects with
the enclosure from which the animals [livestock] are to be moved; or
(B) is on the opposite side of a lane or road from
the enclosure from which the animals [livestock] are to be moved; or
(3) are located on the quarantined open range that
connects with any of the enclosures under Subdivision (1) or (2) [of
this subsection].
(c) If ticks are found on any of the animals [livestock]
submitted for movement, before the certificate or permit is issued,
each head of the animals must be treated as prescribed by commission
rules [livestock must be dipped at intervals of not less than every
7th day nor more than every 14th day and found free from ticks at the
last dipping].
SECTION 23. Subsection (b), Section 167.082, Agriculture
Code, is amended to read as follows:
(b) A person to whom a notice is directed may request a
hearing for the purpose of protesting the designation in the manner
provided by Section 167.053 [of this code] for requesting a hearing
on an order to treat [dip]. The commission shall grant the hearing
and give notice of its decision in the manner provided by that
section.
SECTION 24. Subsection (e), Section 167.101, Agriculture
Code, is amended to read as follows:
(e) Only an inspector appointed for the purpose may conduct
tick eradication or issue permits and certificates certifying
animals [livestock] to be free from ticks or exposure to ticks. An
inspector shall issue those permits and certificates in accordance
with the rules of the commission.
SECTION 25. Subsection (c), Section 167.102, Agriculture
Code, is amended to read as follows:
(c) The search warrant shall describe the place to be
entered in a reasonable manner that will enable the person in charge
of the property to identify the property described, but the warrant
is not required to describe the property by field notes or by metes
and bounds. If the applicant for the warrant seeks to enter the
property to determine whether animals [livestock] are on the
property, the application for the warrant shall state that. If the
warrant is obtained for the purpose of seizing or treating animals
[dipping livestock], the application and the warrant shall describe
the animals [livestock, state whether the animals are cattle,
horses, mules, jacks, or jennets,] and give the approximate number
of animals. If any of that information is unknown to the applicant,
the application and warrant shall state that the information is
unknown.
SECTION 26. Sections 167.103, 167.104, and 167.105,
Agriculture Code, are amended to read as follows:
Sec. 167.103. TREATMENT OF ANIMALS [DIPPING OF CATTLE] BY
PEACE OFFICER ON REQUEST OF INSPECTOR. (a) If a person
responsible for treating animals [dipping livestock] fails to treat
the animals [dip the livestock] at the time and place directed in
the order or, prior to a treatment [dipping] date in the order,
states that he or she does not intend to treat the animals [dip the
livestock], the inspector in charge of tick eradication in that
county shall notify a peace officer.
(b) The peace officer shall deputize a sufficient number of
assistants, to be designated by the supervising inspector of the
county, shall enter the property on which the animals [livestock]
are located, and shall gather and treat the animals [dip the
livestock] under the supervision of an inspector and in accordance
with the directions of the commission.
(c) The peace officer shall continue to treat the animals
[dip the livestock] on each treatment [dipping] date specified in
the order until the person responsible for treatment [dipping]
begins and continues the treatment [dipping] in accordance with
that order.
Sec. 167.104. SEIZURE AND DISPOSAL OF ANIMALS [LIVESTOCK]
RUNNING AT LARGE. (a) An inspector may request a peace officer to
seize animals [livestock] if:
(1) the inspector determines the animals [livestock]
to be running at large or on the open range of a county or part of a
county in which the commission is conducting tick eradication under
this chapter; and
(2) the inspector is unable to locate the owner or
caretaker of the animals [livestock].
(b) The peace officer may deputize assistants, shall seize
the animals [livestock], and shall treat the animals [dip the
livestock,] under the supervision of an inspector. The officer
shall impound the animals [livestock] at a place designated by the
inspector or otherwise dispose of the animals [livestock] as
necessary for the purpose of tick eradication.
Sec. 167.105. SEIZURE AND DISPOSAL OF ANIMALS [LIVESTOCK]
MOVED IN VIOLATION OF QUARANTINE. (a) An inspector who discovers
animals [livestock] that are being or have been moved in violation
of a quarantine may request a peace officer to seize the animals
[livestock] and:
(1) impound the animals [livestock] at the expense of
the owner; or
(2) if practicable, return the animals [livestock] at
the expense of the owner to the point of origin.
(b) In addition to other expenses, the owner of the seized
animals [livestock] shall pay the officer a fee of $2 and the cost
of feeding, watering, and holding the animals [livestock].
SECTION 27. Subsection (c), Section 167.106, Agriculture
Code, is amended to read as follows:
(c) The commission or a resident of a county or part of a
county in which tick eradication is being conducted may sue for
permanent or temporary relief to compel a person who is an owner,
part owner, or caretaker of animals to treat the animals [livestock
to dip that livestock] in accordance with this chapter if the person
has failed or refused to treat the animals [dip the livestock] or
has threatened to fail or refuse to treat the animals [dip the
livestock]. If the court finds that the defendant has been served
with an order of the commission to treat the animals [dip the
livestock], that the animals [livestock] are subject to treatment
[dipping], and that the material allegations of the plaintiff's
petition are true, the court shall enter an order commanding the
defendant to treat the animals [dip the livestock] in accordance
with the directions of the commission at the time and place
designated in the order of the commission or in the order of the
court. If the defendant fails to comply with the order of the
court, the court may hold the defendant in contempt and punish the
defendant accordingly and shall order a peace officer to deputize
assistants and treat the animals [dip the livestock] in accordance
with the order of the court. The expense of treating the animals
[dipping the livestock] and employing the peace officer and
assistants shall be taxed against the defendant as a cost of suit.
SECTION 28. Section 167.107, Agriculture Code, is amended
to read as follows:
Sec. 167.107. SALE OF ANIMALS TREATED [LIVESTOCK DIPPED] OR
SEIZED BY PEACE OFFICER. (a) A peace officer who gathers and
treats [dips] or who seizes and impounds or disposes of animals
[livestock] under Section 167.103, 167.104, or 167.105 [of this
code] is entitled to retain and sell the animals [livestock] for the
purpose of securing payment for the expenses of handling, including
the expenses of holding, feeding, and watering the animals
[livestock].
(b) Not later than the 60th day after the day on which
animals are treated [livestock are dipped] or seized, the peace
officer may sell at public sale to the highest bidder a number of
the animals sufficient to cover the secured expenses. The officer
shall conduct the sale at the courthouse door of the county in which
the animals [livestock] are located and shall post notice of the
sale at that courthouse door at least five days before the day of
the sale.
(c) If any proceeds of the sale remain after deducting the
amount to which the peace officer is entitled, the peace officer
shall pay those proceeds to the county treasurer subject to the
order of the owner of the animals [livestock].
(d) A peace officer who treats animals [dips livestock]
under Section 167.103 [of this code] is entitled to act under this
section to secure the expenses of each day on which the animals are
treated [dipped].
SECTION 29. Subsections (a), (b), (c), (d), (e), and (g),
Section 167.108, Agriculture Code, are amended to read as follows:
(a) A peace officer who gathers and treats [dips] or who
seizes and impounds or disposes of animals [livestock] under
Section 167.103, 167.104, or 167.105 [of this code] has a lien on
the animals [livestock] for the purpose of securing payment of the
officer's fees and the expenses of handling the animals
[livestock], including the expenses of holding, feeding, and
watering the animals [livestock] and the expenses of paying
assistants. Instead of retaining and selling the animals
[livestock] under Section 167.107 [of this code], the officer may
perfect and foreclose a lien granted by this section.
(b) A peace officer who treats animals [dips livestock] in
accordance with an order of a court under Section 167.106(c) [of
this code], and the peace officer's assistants, have a lien on the
animals [livestock] to secure payment of the expenses and costs of
the treatment [dipping].
(c) A peace officer may perfect a lien under Subsection (a)
[of this section] by filing a sworn statement of indebtedness with
the county clerk of the county in which the animals [livestock] are
located. The statement must describe the animals [livestock] and
must be filed within six months after the treatment [dipping] or
other action of the peace officer giving rise to the lien. The
statement may cover a single action or actions over a period of
time. If the statement covers actions over a period of time, the
statement must be filed within six months after the last treatment
[dipping] or other action giving rise to the lien.
(d) A peace officer may perfect a lien under Subsection (b)
[of this section] by filing a sworn statement covering a single
treatment [dipping] or a number of treatments [dippings] with the
clerk of the district court. The statement must show the number of
animals treated [livestock dipped] and must describe the animals
[livestock]. The statement must be filed within 12 months after
each treatment [dipping].
(e) A peace officer may foreclose a lien under Subsection
(a) [of this section] by filing suit against the owner of the
animals [livestock] in a court of competent jurisdiction for
collection of the account and foreclosure of the lien. The suit must
be filed within 24 months after the statement is filed with the
county clerk. In the suit, the court may not require a cost bond of
the peace officer or any person to whom the peace officer has
assigned the account. The court shall enter judgment for the debt,
with interest and costs of suit, and for foreclosure of the lien on
the number of animals that the court determines necessary to defray
the expenses and fees secured.
(g) If a lien is foreclosed under this section, the
remainder of the proceeds of the sale following deduction of
expenses and costs shall be paid to the clerk of the court in which
the suit is pending and are subject to the order of the owner of the
animals [livestock].
SECTION 30. Sections 167.110, 167.111, and 167.112,
Agriculture Code, are amended to read as follows:
Sec. 167.110. PRESUMPTION OF EXISTENCE OR SUFFICIENCY OF
TREATMENT [DIP]. (a) In the trial of any case under this chapter
in connection with the treatment of animals [dipping of livestock]
or the failure to treat animals [dip livestock], it is presumed
that:
(1) the treatment [dipping vat] contained a sufficient
amount of treatment chemical and the treatment chemical [dipping
solution and the dipping solution] had been properly tested; or
(2) the treatment chemical [dipping solution] could
have and would have been put into the treatment facility [vat] and
tested if the owner or caretaker had brought the animals to the
treatment facility [livestock to the vat] for the purpose of
treatment [dipping].
(b) In a criminal prosecution for failure to treat animals
[dip livestock] under this chapter, the state is not required to
allege and prove that the treatment facility [vat] contained
treatment chemical [dipping solution].
(c) If it is necessary in a court proceeding to prove the
test of a treatment chemical [dipping solution], it is only
necessary to prove that:
(1) the treatment chemical [dipping solution] used was
one of the official treatment chemicals [dipping materials]
prescribed by the commission; and
(2) the inspector tested the treatment chemical
[dipping solution] in accordance with the rules of the commission.
Sec. 167.111. PRESUMPTION OF OWNERSHIP OR CARE. (a) If an
inspector determines that a person is the owner, part owner, or
caretaker of animals [livestock] subject to treatment [dipping] and
an order to treat [dip] is issued and served, it is presumed that,
at the time of a failure to treat [dip], the person was still the
owner, part owner, or caretaker of animals [livestock] subject to
treatment [dipping] located on the premises described in the order.
In that case, the state is required to prove only that the person
was the owner, part owner, or caretaker of animals [livestock]
subject to treatment [dipping] located on the premises at the time
the order was served.
(b) After the service of an order to treat [dip], if there
are no longer any animals [livestock] subject to treatment
[dipping] located on the premises and if no animals [livestock]
subject to treatment [dipping] have been illegally removed, the
defendant may file a sworn statement of that fact at the beginning
of the trial. If the defendant does not file that statement, it is
presumed that the defendant's status as owner, part owner, or
caretaker remained unchanged since the service of the order.
Sec. 167.112. VENUE OF CRIMINAL PROSECUTION. The owner,
part owner, or caretaker of animals [livestock] is subject to
prosecution under this chapter in the county in which the animals
[livestock] and the premises are located, regardless of whether the
defendant was in the county at the time of issuance and service of
the order to treat [dip], at the time of the failure to treat [dip],
or at the time of violation of the quarantine.
SECTION 31. Subsection (a), Section 167.131, Agriculture
Code, is amended to read as follows:
(a) A person commits an offense if, as the owner, part
owner, or caretaker of animals [livestock], the person fails to
gather the animals [livestock] for inspection at the time and place
ordered by the commission under Section 167.008 [of this code].
SECTION 32. Section 167.132, Agriculture Code, is amended
to read as follows:
Sec. 167.132. MOVEMENT OF ANIMALS [LIVESTOCK] 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 [livestock] from any land, premises, or enclosure that
is under quarantine for tick infestation or exposure in violation
of the quarantine without a permit issued by an inspector of the
commission or of the Animal and Plant Health Inspection Service,
United States Department of Agriculture.
(b) A railroad or other transportation company commits an
offense if it permits an animal [a head of livestock] to enter stock
pens in the tick eradication area under the company's control
without a written certificate or permit from an inspector of the
commission or of the Animal and Plant Health Inspection Service,
United States Department of Agriculture.
(c) An offense under this section is a Class C misdemeanor
for each animal [head of livestock] moved, permitted to move, or
permitted to enter the pen unless it is shown on the trial of the
offense that the defendant has been previously convicted under this
section, in which event the offense is a Class B misdemeanor.
(d) Except as provided by this subsection, a person commits
a separate offense under Subsection (a) [of this section] for each
county into which animals [livestock] are moved within 30 days
following the day on which the animals [livestock] leave the county
in which they were quarantined. A person does not commit an offense
for a county if the person complied with the requirements of this
chapter prior to entry into that county.
SECTION 33. Subsections (a) and (b), Section 167.133,
Agriculture Code, are amended to read as follows:
(a) A person commits an offense if the person:
(1) moves animals [livestock] or, as owner, part
owner, or caretaker, permits animals [livestock] to be moved into
this state in violation of Section 167.026(a) [of this code]; or
(2) moves animals or commodities into this state in
violation of Section 167.026(b) or (c) [of this code].
(b) An offense under Subsection (a)(1) [of this code] is a
Class C misdemeanor for each animal [head of livestock] moved or
permitted to be moved unless it is shown on the trial of the offense
that the defendant has been previously convicted under this
section, in which event the offense is a Class B misdemeanor.
SECTION 34. Sections 167.134 and 167.135, Agriculture Code,
are amended to read as follows:
Sec. 167.134. MOVEMENT OF ANIMALS [LIVESTOCK] 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 [livestock] under a certificate or permit from
quarantined land, premises, or enclosures to a place other than
that designated on the certificate or permit by the inspector.
(b) An offense under this section is a Class C misdemeanor
for each animal [head of livestock] moved unless it is shown on the
trial of the offense that the defendant has been previously
convicted under this section, in which event the offense is a Class
B misdemeanor.
Sec. 167.135. FAILURE TO POSSESS OR EXHIBIT PERMIT OR
CERTIFICATE. (a) A person commits an offense if the person is in
charge of animals [livestock] for which a certificate or permit is
required or is in charge of the conveyance transporting that animal
[livestock] and the person fails to possess or exhibit the
certificate or permit in the manner provided by Section 167.027 [of
this code].
(b) An offense under this section is a Class C misdemeanor
for each animal [head of livestock] moved or conveyed without a
certificate or permit as required by Subsection (a) [of this
section] unless it is shown on the trial of the offense that the
defendant has been previously convicted under this section, in
which event the offense is a Class B misdemeanor.
SECTION 35. Subsection (a), Section 167.138, Agriculture
Code, is amended to read as follows:
(a) A person commits an offense if the person uses sand as
bedding in an animal [a livestock] conveyance in violation of a
quarantine established or a commission rule adopted under Section
167.031 [of this code].
SECTION 36. The heading to Section 167.140, Agriculture
Code, is amended to read as follows:
Sec. 167.140. IMPROPER HANDLING AND REMOVAL OF ANIMAL
[LIVESTOCK] REFUSE OR DEAD OR INJURED ANIMALS [LIVESTOCK].
SECTION 37. The heading to Section 167.141, Agriculture
Code, is amended to read as follows:
Sec. 167.141. FAILURE TO TREAT ANIMALS [DIP LIVESTOCK].
SECTION 38. Subsection (a), Section 167.141, Agriculture
Code, is amended to read as follows:
(a) A person who is the owner, part owner, or caretaker of
animals [livestock] commits an offense if, after the 12th day
following the day on which notice of an order to treat [dip] is
received, the person fails or refuses to treat the animals [dip the
livestock] as prescribed in the order, on any date prescribed in the
order, during the hours prescribed in the order, under the
supervision of an inspector, with [in] an official treatment
chemical [dipping material], or in the treatment facility [dipping
vat] designated in the order.
SECTION 39. The heading to Section 167.142, Agriculture
Code, is amended to read as follows:
Sec. 167.142. DESTRUCTION OF PUBLIC TREATMENT [DIPPING]
FACILITIES.
SECTION 40. (a) The changes in law made by this Act apply
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 41. Not later than December 1, 2013, the Texas
Animal Health Commission shall adopt rules as required by this Act.
SECTION 42. This Act takes effect September 1, 2013.
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