Texas 2013 - 83rd Regular

Texas Senate Bill SB1095 Compare Versions

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1	1	By: Hinojosa, et al. S.B. No. 1095
2	2	(King of Zavala)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to fever tick eradication; creating a penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 167.001, Agriculture Code, is amended by
10	10	amending Subdivision (1) and adding Subdivisions (1-a) and (8) to
11	11	read as follows:
12	12	(1) "Animal" means any domestic, free-range, or wild
13	13	animal capable of hosting or transporting ticks capable of carrying
14	14	Babesia, including:
15	15	(A) livestock;
16	16	(B) zebras, bison, and giraffes; and
17	17	(C) deer, elk, and other cervid species.
18	18	(1-a) "Commission" means the Texas Animal Health
19	19	Commission.
20	20	(8) "Treatment" means a procedure or management
21	21	practice used on an animal to prevent the infestation of, control,
22	22	or eradicate ticks capable of carrying Babesia.
23	23	SECTION 2. Subsections (a) and (c), Section 167.003,
24	24	Agriculture Code, are amended to read as follows:
25	25	(a) In accordance with this chapter, the commission shall
26	26	eradicate all ticks capable of carrying Babesia in this state and
27	27	shall protect all land, premises, and animals [livestock] in this
28	28	state from those ticks and exposure to those ticks.
29	29	(c) The commission by rule may provide for the manner and
30	30	method of treating [dipping] saddle stock and stock used for gentle
31	31	work and for the handling and certifying of that stock for movement,
32	32	but unless the commission so provides, the stock is subject to this
33	33	chapter as other animals [livestock].
34	34	SECTION 3. Subsections (a) and (b), Section 167.004,
35	35	Agriculture Code, are amended to read as follows:
36	36	(a) If a tick is found on an animal [a head of livestock],
37	37	the following are classified as tick infested:
38	38	(1) each animal [head of livestock] that is in the same
39	39	herd or is then or thereafter on the same range or in the same
40	40	enclosure as the animal on which the tick is found; and
41	41	(2) the range or enclosure in or on which the animal is
42	42	located.
43	43	(b) The commission by rule shall define what animals and
44	44	premises are to be classified as exposed to ticks. The commission
45	45	shall classify as exposed to ticks animals [livestock] that have
46	46	been on land or in an enclosure that the commission determines to be
47	47	tick infested or exposed to ticks or to have been tick infested or
48	48	exposed to ticks before or after the removal of the animals
49	49	[livestock], unless the commission determines that the infestation
50	50	or exposure occurred after the animals [livestock] were removed and
51	51	that the animals [livestock] did not become infested or exposed
52	52	before removal.
53	53	SECTION 4. Sections 167.007 and 167.008, Agriculture Code,
54	54	are amended to read as follows:
55	55	Sec. 167.007. TICK ERADICATION IN FREE AREA. (a) The
56	56	commission may conduct tick eradication in the free area and may
57	57	establish quarantines and require the treatment of animals [dipping
58	58	of livestock] in the free area as provided by this chapter. The
59	59	commission shall designate in writing the land or premises in the
60	60	free area in which tick eradication is to be conducted.
61	61	(b) An owner or caretaker of animals [livestock] in the free
62	62	area and the commissioners court of a county all or part of which is
63	63	located in the free area shall cooperate with the commission in the
64	64	manner provided by this chapter for tick eradication in the tick
65	65	eradication area.
66	66	Sec. 167.008. INSPECTIONS. The commission may order the
67	67	owner, part owner, or caretaker of animals [livestock] to gather
68	68	the animals [livestock] for inspection at a time and place
69	69	prescribed in the order of the commission. The commission shall
70	70	serve written notice of the order not later than the 12th day before
71	71	the day of inspection. A person on whom an order is served is
72	72	entitled to request and obtain a hearing in the manner provided by
73	73	this chapter for hearings on orders to treat animals [dip
74	74	livestock].
75	75	SECTION 5. Subsection (a), Section 167.021, Agriculture
76	76	Code, is amended to read as follows:
77	77	(a) The commission may establish quarantines on land,
78	78	premises, and animals [livestock] as necessary for tick
79	79	eradication.
80	80	SECTION 6. Subsection (b), Section 167.022, Agriculture
81	81	Code, is amended to read as follows:
82	82	(b) A quarantine under this section has the effect of
83	83	quarantining all land, premises, and animals [livestock] in the
84	84	area quarantined, regardless of whether any person's land,
85	85	premises, or animals [livestock] are specifically described in the
86	86	quarantine order.
87	87	SECTION 7. Subsections (a) and (c), Section 167.023,
88	88	Agriculture Code, are amended to read as follows:
89	89	(a) The commission by written order may establish a
90	90	quarantine in the free area if necessary for the purpose of
91	91	regulating the handling of animals [livestock] and eradicating
92	92	ticks or exposure to ticks in the free area or for the purpose of
93	93	preventing the spread of tick infestation into the free area.
94	94	(c) The commission shall give notice of a quarantine
95	95	established in the free area by:
96	96	(1) delivering notice to each owner or caretaker of
97	97	animals [livestock] in the area to be quarantined or to each owner
98	98	or caretaker of land or premises in the area on which animals
99	99	[livestock] are located;
100	100	(2) posting written notice at the courthouse door of
101	101	each county in which the area to be quarantined is located; or
102	102	(3) publishing notice in a newspaper published in each
103	103	county in which the area to be quarantined is located.
104	104	SECTION 8. Subsections (a), (b), and (c), Section 167.024,
105	105	Agriculture Code, are amended to read as follows:
106	106	(a) Unless a person first obtains a permit or a certificate
107	107	from an authorized inspector, the person may not move animals
108	108	[livestock] in a quarantined area:
109	109	(1) from land owned, leased, or occupied by one person
110	110	into or through any other land owned, leased, or occupied by another
111	111	person; or
112	112	(2) onto any open range, public street, public road,
113	113	or thoroughfare.
114	114	(b) Unless the person first obtains a permit or a
115	115	certificate from an authorized inspector, the owner or caretaker of
116	116	animals [livestock] in a quarantined area may not move the animals
117	117	[livestock], or permit the animals [livestock] to be moved, from an
118	118	enclosure owned, leased, or occupied by that person, from any open
119	119	range, street, road, or thoroughfare, or from any land that the
120	120	person does not own or control, into any other enclosure or other
121	121	land owned, cared for, or controlled by that person, if:
122	122	(1) the animals [livestock] are subject to treatment
123	123	[dipping] under this chapter and the land or enclosure to which the
124	124	animals [livestock] are moved:
125	125	(A) is classified in the records of the county
126	126	supervising inspector as being free from ticks; or
127	127	(B) has been released from quarantine by the
128	128	commission; or
129	129	(2) the animals [livestock] are subject to treatment
130	130	[dipping] but are not being treated [dipped] under this chapter in
131	131	the conduct of regular systematic tick eradication by the
132	132	commission and the land or enclosure to which the animals
133	133	[livestock] are moved is owned or controlled by that person and:
134	134	(A) tick eradication work is being conducted
135	135	there; or
136	136	(B) the land or enclosure is vacated under the
137	137	direction of the commission for the purpose of tick eradication.
138	138	(c) The owner or caretaker of animals [livestock] located in
139	139	a quarantined area may move animals [livestock], or permit animals
140	140	[livestock] to be moved, to and from treatment facilities [dipping
141	141	vats] for the purpose of treating the animals [dipping the
142	142	livestock] on a regular treatment [dipping] date at the treatment
143	143	facility [vat] to which the animals [livestock] are to be moved or
144	144	on another date designated by the inspector in charge of the
145	145	treatment facility [vat]. The movement of animals [livestock]
146	146	under this subsection must be in accordance with the rules of the
147	147	commission. Any other movement is considered to be in violation of
148	148	the quarantine.
149	149	SECTION 9. Section 167.025, Agriculture Code, is amended to
150	150	read as follows:
151	151	Sec. 167.025. MOVEMENT IN OR FROM INACTIVE QUARANTINED
152	152	AREA. A person may not move animals [livestock] or permit animals
153	153	[livestock] to be moved from or within the inactive quarantined
154	154	area except in accordance with the rules of the commission.
155	155	SECTION 10. Subsections (a) and (b), Section 167.026,
156	156	Agriculture Code, are amended to read as follows:
157	157	(a) A person may not move animals [livestock], or permit
158	158	animals [livestock] of which the person is the owner, part owner, or
159	159	caretaker to be moved, into this state from an area in another
160	160	state, territory, or country that is under state or federal
161	161	quarantine for tick infestation or exposure unless the animals
162	162	[livestock] are accompanied by a certificate from an inspector of
163	163	the Animal and Plant Health Inspection Service, United States
164	164	Department of Agriculture.
165	165	(b) A person may not move goats, hogs, sheep, exotic
166	166	livestock, or circus animals into this state from an area of another
167	167	state, territory, or country that is under state or federal
168	168	quarantine for tick infestation unless the animals:
169	169	(1) have been treated [dipped] free from infestation
170	170	or exposure; and
171	171	(2) are certified as having been so treated by an
172	172	inspector of the commission or of the Animal and Plant Health
173	173	Inspection Service, United States Department of Agriculture.
174	174	SECTION 11. Section 167.027, Agriculture Code, is amended
175	175	to read as follows:
176	176	Sec. 167.027. PERMIT OR CERTIFICATE TO ACCOMPANY MOVEMENT.
177	177	(a) A certificate or permit required for movement of animals
178	178	[livestock] within or into this state must be in the possession of
179	179	the person in charge of the movement or the conveyance from the
180	180	point of origin to the point of destination. If the movement is by a
181	181	transportation company, including a railway or express company, the
182	182	certificate must be attached to the shipping papers accompanying
183	183	the movement from the point of origin to the point of destination.
184	184	On demand of an inspector, the person in charge of the movement or
185	185	conveyance shall exhibit the certificate or permit.
186	186	(b) A certificate required for movement of [goats, hogs,
187	187	sheep, exotic livestock, or circus animals, or for movement of]
188	188	articles listed in Section 167.026(c) [of this code,] must
189	189	accompany the movement to the final destination in this state or so
190	190	long as the [animals or] articles are moving through this state.
191	191	SECTION 12. Sections 167.028 and 167.029, Agriculture Code,
192	192	are amended to read as follows:
193	193	Sec. 167.028. STATEMENT OF POSSESSION AND DESTINATION. On
194	194	request of an inspector, the owner, part owner, or caretaker, or a
195	195	person accompanying and connected with a shipment, of animals
196	196	[livestock] that are being moved in this state or have been moved in
197	197	this state within 60 days preceding the request, shall make a
198	198	written statement of:
199	199	(1) the name of the owner or the person controlling the
200	200	land from which the shipment originated and the county in which that
201	201	land is located;
202	202	(2) the county and the particular place in that county
203	203	to which the shipment is or was destined;
204	204	(3) the name and address of the person from whom the
205	205	animals [livestock] were obtained, if the animals [livestock] were
206	206	obtained in the 30 days preceding the request, or, if the animals
207	207	[livestock] were not obtained during the 30 days preceding the
208	208	request, a statement of that fact; and
209	209	(4) the territory through which the shipment passed
210	210	since leaving the point of origin and through which the shipment is
211	211	intended to pass before reaching the point of destination.
212	212	Sec. 167.029. CONDITIONS, MANNER, AND METHOD OF MOVING AND
213	213	HANDLING. (a) The commission by rule shall provide the conditions
214	214	for and the manner and method of handling and moving animals
215	215	[livestock]:
216	216	(1) into, in, and from the tick eradication area;
217	217	(2) into, in, and from quarantined land or premises in
218	218	the free area;
219	219	(3) into the released part of the free area; and
220	220	(4) into, in, and from the inactive quarantined area.
221	221	(b) Animals [Livestock] must be certified as being free from
222	222	ticks and exposure to ticks, and must be moved to the destination
223	223	without exposure, if the animals [livestock] are to be moved:
224	224	(1) into the free area;
225	225	(2) from one county to another in the tick eradication
226	226	area; or
227	227	(3) within a county to land or premises that are
228	228	classified by the official records of the supervising inspector of
229	229	the county as being free from ticks and exposure to ticks.
230	230	(c) The commission may adopt rules relating to testing,
231	231	immunizing, treating, certifying, or marking or branding animals
232	232	[livestock] moving into this state from another state or country.
233	233	SECTION 13. Subsection (a), Section 167.030, Agriculture
234	234	Code, is amended to read as follows:
235	235	(a) A person, including a railway or transportation
236	236	company, who operates a conveyance into which animals [livestock]
237	237	are loaded shall clean and disinfect each car or other conveyance
238	238	after removal of the animals [livestock] unless the animals
239	239	[livestock] are clean and free from ticks or exposure to ticks.
240	240	SECTION 14. Sections 167.031 and 167.033, Agriculture Code,
241	241	are amended to read as follows:
242	242	Sec. 167.031. USE OF SAND AS BEDDING IN CONVEYANCE. The
243	243	commission may establish quarantines and restrict the use of sand
244	244	as bedding in an animal [a livestock] conveyance except for sand
245	245	from known tick-free sand pits.
246	246	Sec. 167.033. HANDLING AND REMOVAL OF REFUSE OR DEAD OR
247	247	INJURED ANIMALS [LIVESTOCK]. The commission may establish
248	248	quarantines and regulate the removal and handling of refuse matter
249	249	from quarantined stockyards, quarantined stock pens, and other
250	250	quarantined places and may establish quarantines and regulate the
251	251	handling or removal of animals [livestock] that die or are injured
252	252	in transit.
253	253	SECTION 15. The heading to Subchapter C, Chapter 167,
254	254	Agriculture Code, is amended to read as follows:
255	255	SUBCHAPTER C. TREATMENT [DIPPING]
256	256	SECTION 16. Sections 167.051 and 167.052, Agriculture Code,
257	257	are amended to read as follows:
258	258	Sec. 167.051. ANIMALS [LIVESTOCK] SUBJECT TO TREATMENT
259	259	[DIPPING]. (a) Animals [Livestock] located in the tick
260	260	eradication area are subject to treatment [dipping] if the animals
261	261	[livestock]:
262	262	(1) are infested with ticks;
263	263	(2) were exposed to ticks within the nine months
264	264	preceding an order to treat [dip]; or
265	265	(3) are on premises described in an order to treat
266	266	[dip] during the time that the order is in effect and the person to
267	267	whom the order is issued is the owner, part owner, or caretaker of
268	268	the animals [livestock].
269	269	(b) Animals [Livestock] located in the free area are subject
270	270	to treatment [dipping] if:
271	271	(1) the animals [livestock] are infested with ticks;
272	272	(2) the animals [livestock] were exposed to ticks
273	273	within the nine months preceding an order to treat [dip];
274	274	(3) the animals [livestock] are on premises described
275	275	in an order to treat [dip] during the time the order is in effect and
276	276	the person to whom the order is issued is the owner, part owner, or
277	277	caretaker of the animals [livestock]; or
278	278	(4) the commission determines that treatment
279	279	[dipping] is necessary to ensure that the animals [livestock] are
280	280	entirely free from infestation.
281	281	(c) The commission may require the treatment of animals
282	282	[dipping of livestock] that are located in the free area and are
283	283	tick infested or have been exposed to ticks regardless of whether
284	284	the animals [livestock] or the area in which the animals
285	285	[livestock] are located is under quarantine.
286	286	Sec. 167.052. ORDER TO TREAT [DIP]. (a) The commission
287	287	may order the owner, part owner, or caretaker of animals to treat
288	288	the animals [livestock to dip the livestock] in accordance with the
289	289	directions of the commission. The order must be dated, in writing,
290	290	and signed or stamped with the signature of the commission or the
291	291	presiding officer of the commission.
292	292	(b) An order to treat [dip] must:
293	293	(1) state the period of time covered by the order;
294	294	(2) describe the premises on which the animals to be
295	295	treated [livestock to be dipped] are located;
296	296	(3) state that the person to whom the order is directed
297	297	shall treat all animals [dip all livestock] of which the person is
298	298	the owner, part owner, or caretaker and which are located on those
299	299	premises during that time;
300	300	(4) state that the treatment [dipping] must be done
301	301	under the supervision of an inspector;
302	302	(5) designate the method by [vat at] which the animals
303	303	[livestock] are to be treated [dipped];
304	304	(6) state the dates on which the animals [livestock]
305	305	are to be treated [dipped]; and
306	306	(7) state that if the person does not treat the animals
307	307	[dip the livestock] on those dates, the treatment [dipping] will be
308	308	done at the person's expense by a peace officer acting in accordance
309	309	with this chapter.
310	310	(c) The order is not required to describe the premises on
311	311	which the animals [livestock] are located by field notes or metes
312	312	and bounds, but must provide a reasonable description sufficient to
313	313	inform the person to whom it is directed of the premises or land
314	314	covered by the order.
315	315	(d) An order may require the treatment of the animals
316	316	[dipping of the livestock] on as many dates as the commission
317	317	considers necessary for eradicating the infestation or exposure of
318	318	the animals [livestock] or the premises on which the animals are
319	319	[livestock is] located.
320	320	(e) An order to treat [dip] must be delivered to the person
321	321	to whom it is directed not later than the 12th day before the date
322	322	specified in the order for the first treatment [dipping], not
323	323	including the date of delivery or the date of the first treatment
324	324	[dipping].
325	325	(f) A person to whom an order to treat [dip] is directed
326	326	shall comply with the order and treat the animals [dip the
327	327	livestock] in accordance with the directions of the commission. If
328	328	the order is not delivered within the time provided by Subsection
329	329	(e) [of this section], the person receiving the order shall begin
330	330	treatment [dipping] on the first treatment [dipping] date that is
331	331	more than 12 days after the date of receipt of the order and shall
332	332	continue treatment [dipping] on subsequent dates as specified in
333	333	the order.
334	334	(g) If the animals [livestock] or the premises are not freed
335	335	from ticks or exposure to ticks before an order to treat [dip]
336	336	expires, the commission [Commission] may issue additional orders
337	337	regardless of whether the animals [livestock] were exposed to ticks
338	338	in the nine months preceding the date of the subsequent order.
339	339	SECTION 17. Subsections (a) and (c), Section 167.053,
340	340	Agriculture Code, are amended to read as follows:
341	341	(a) A person is entitled to request and obtain a hearing for
342	342	the purpose of protesting an order to treat [dip] by filing a sworn
343	343	application with the supervising inspector of the county in which
344	344	the animals [livestock] are located. The application must be filed
345	345	not later than the 10th day after the day on which the order was
346	346	received.
347	347	(c) If the commission's decision is delivered in person, a
348	348	person whose protest is overruled shall begin treatment of the
349	349	animals [dipping the livestock] on the first treatment [dipping]
350	350	date in the order that is more than two days after the day on which
351	351	the decision is received. If the decision is delivered by mail, the
352	352	person shall begin treatment [dipping] on the first treatment
353	353	[dipping] date in the order that is more than four days after the
354	354	day on which the decision was deposited in the mail.
355	355	SECTION 18. Sections 167.054, 167.055, 167.056, 167.057,
356	356	and 167.058, Agriculture Code, are amended to read as follows:
357	357	Sec. 167.054. EXCUSE FROM COMPLIANCE WITH ORDER. The
358	358	supervising inspector of a county for good cause may excuse a person
359	359	from complying with an order to treat [dip], but shall be held
360	360	responsible for excusing compliance without good cause.
361	361	Sec. 167.055. PERSONS RESPONSIBLE FOR TREATMENT [DIPPING]
362	362	AND ASSISTANCE. (a) A person who owns any interest in animals
363	363	[livestock] subject to treatment [dipping] or who is the caretaker
364	364	of the animals [that livestock] is responsible for the treatment of
365	365	the animals [dipping of the livestock] under this chapter and is
366	366	subject to prosecution for failure to treat the animals [dip the
367	367	livestock].
368	368	(b) A husband and wife are jointly and severally liable for
369	369	the treatment of animals [dipping of livestock] subject to
370	370	treatment [dipping] that belong to their community estate. Each
371	371	spouse is responsible for the treatment of animals [dipping of
372	372	livestock] belonging to that person's separate estate, except that
373	373	a spouse who is the caretaker of animals [livestock] owned by the
374	374	other spouse is responsible for the treatment of the animals
375	375	[dipping of that livestock].
376	376	(c) A person responsible for the treatment of animals
377	377	[dipping of livestock] subject to treatment [dipping] shall furnish
378	378	all necessary labor, at the person's own expense, for gathering the
379	379	animals [livestock], driving the animals to the treatment facility,
380	380	treating the animals [livestock to the dipping vat, dipping the
381	381	livestock], and returning the animals [livestock] to the person's
382	382	premises after treatment [dipping].
383	383	Sec. 167.056. MANNER OF TREATMENT [DIPPING]. If the
384	384	commission requires animals to be treated, the animals [livestock
385	385	to be dipped, the livestock] shall be [submerged in a vat, sprayed,
386	386	or] treated in the [another sanitary] manner prescribed by the
387	387	commission.
388	388	Sec. 167.057. TREATMENT CHEMICALS [DIPPING MATERIALS].
389	389	(a) The commission shall prescribe by rule the official materials
390	390	in which animals are to be treated [livestock are to be dipped]
391	391	under this chapter. A person may not treat animals [dip livestock]
392	392	for purposes of this chapter in a material other than an official
393	393	material prescribed by the commission.
394	394	(b) The state, an agency of the state, or an agency of the
395	395	government of the United States shall, and a county may, furnish the
396	396	official materials for the treatment of animals [dipping of
397	397	livestock] under this chapter.
398	398	Sec. 167.058. TREATMENT [DIPPING] INTERVALS. A person to
399	399	whom an order to treat [dip] is directed shall treat the animals
400	400	[dip the livestock] on the dates specified in the order, but the
401	401	order of the commission must provide an interval of at least 13
402	402	days, not including any part of a treatment [dipping] date, between
403	403	the days on which it directs the animals to be treated [livestock to
404	404	be dipped]. The order of the commission may provide an interval
405	405	longer than 13 days.
406	406	SECTION 19. The heading to Section 167.059, Agriculture
407	407	Code, is amended to read as follows:
408	408	Sec. 167.059. TREATMENT [DIPPING] FACILITIES.
409	409	SECTION 20. Subsections (a), (b), and (c), Section 167.059,
410	410	Agriculture Code, are amended to read as follows:
411	411	(a) The commissioners court of each county, including a
412	412	county in the free area, in all or part of which the commission
413	413	conducts tick eradication shall cooperate with the commission and
414	414	shall furnish facilities necessary to the treatment of animals
415	415	[dipping of livestock] in that county. The commissioners court
416	416	shall furnish dipping vats, pens, chutes, and other necessary
417	417	facilities in the number, at the locations, and of the type
418	418	specified by the commission. In addition, the county, at its
419	419	expense, shall maintain the facilities and repair or remodel them
420	420	as necessary, shall provide the water for filling the vats, and
421	421	shall clean and refill the vats as necessary.
422	422	(b) For the purpose of constructing, purchasing, or leasing
423	423	treatment [dipping] facilities, and for the purpose of providing
424	424	necessary land, labor, or materials, a commissioners court may
425	425	appropriate money out of the general fund of the county or may incur
426	426	indebtedness by the issuance of warrants. A warrant issued may not
427	427	draw interest at a rate of more than six percent per year and may not
428	428	have a term of more than 20 years. The commissioners court may levy
429	429	taxes to pay interest on warrants and may establish a sinking fund
430	430	for the payment of warrants.
431	431	(c) For the purpose of acquiring necessary land for the
432	432	construction or maintenance of treatment [dipping] facilities, for
433	433	the purpose of acquiring treatment [dipping] facilities that have
434	434	already been constructed, or for the purpose of acquiring land
435	435	necessary for ingress and egress to and from those facilities, a
436	436	commissioners court has the power of eminent domain. The
437	437	commissioners court shall exercise the power of eminent domain in
438	438	the manner provided by law for acquiring land for the building and
439	439	maintenance of public buildings, except that the court shall
440	440	institute and prosecute condemnation proceedings on written
441	441	request from the presiding officer of the commission. The request
442	442	from the commission shall designate:
443	443	(1) the land to be condemned and its location;
444	444	(2) the name of the owner of the land to be condemned;
445	445	and
446	446	(3) the easement to be acquired for ingress and
447	447	egress.
448	448	SECTION 21. The heading to Section 167.060, Agriculture
449	449	Code, is amended to read as follows:
450	450	Sec. 167.060. TREATMENT [DIPPING] REQUIRED FOR MOVEMENT
451	451	FROM QUARANTINED AREA.
452	452	SECTION 22. Subsections (a), (b), and (c), Section 167.060,
453	453	Agriculture Code, are amended to read as follows:
454	454	(a) An inspector may not issue a certificate or permit for
455	455	the movement of animals [livestock] from a quarantined enclosure
456	456	unless the owner or caretaker of the animals [livestock]:
457	457	(1) is cooperating with the commission in the regular
458	458	systematic treatment of the animals [dipping of the livestock]
459	459	listed in Subsection (b) [of this section]; and
460	460	(2) has treated those animals [dipped those livestock]
461	461	on the last two treatment [dipping] dates that were prescribed for
462	462	the area in which the animals [livestock] are located and that
463	463	preceded the date of movement.
464	464	(b) In order to be issued the permit or certificate, the
465	465	owner or caretaker must cooperate with the commission in the
466	466	regular systematic treatment of animals [dipping of livestock] of
467	467	which the person is the owner or caretaker and which:
468	468	(1) are located in the enclosure from which the
469	469	animals [livestock] are to be moved;
470	470	(2) are located in quarantined enclosures that connect
471	471	with the enclosure from which the animals [livestock] are to be
472	472	moved, including an enclosure that:
473	473	(A) connects with an enclosure that connects with
474	474	the enclosure from which the animals [livestock] are to be moved; or
475	475	(B) is on the opposite side of a lane or road from
476	476	the enclosure from which the animals [livestock] are to be moved; or
477	477	(3) are located on the quarantined open range that
478	478	connects with any of the enclosures under Subdivision (1) or (2) [of
479	479	this subsection].
480	480	(c) If ticks are found on any of the animals [livestock]
481	481	submitted for movement, before the certificate or permit is issued,
482	482	each head of the animals must be treated as prescribed by commission
483	483	rules [livestock must be dipped at intervals of not less than every
484	484	7th day nor more than every 14th day and found free from ticks at the
485	485	last dipping].
486	486	SECTION 23. Subsection (b), Section 167.082, Agriculture
487	487	Code, is amended to read as follows:
488	488	(b) A person to whom a notice is directed may request a
489	489	hearing for the purpose of protesting the designation in the manner
490	490	provided by Section 167.053 [of this code] for requesting a hearing
491	491	on an order to treat [dip]. The commission shall grant the hearing
492	492	and give notice of its decision in the manner provided by that
493	493	section.
494	494	SECTION 24. Subsection (e), Section 167.101, Agriculture
495	495	Code, is amended to read as follows:
496	496	(e) Only an inspector appointed for the purpose may conduct
497	497	tick eradication or issue permits and certificates certifying
498	498	animals [livestock] to be free from ticks or exposure to ticks. An
499	499	inspector shall issue those permits and certificates in accordance
500	500	with the rules of the commission.
501	501	SECTION 25. Subsection (c), Section 167.102, Agriculture
502	502	Code, is amended to read as follows:
503	503	(c) The search warrant shall describe the place to be
504	504	entered in a reasonable manner that will enable the person in charge
505	505	of the property to identify the property described, but the warrant
506	506	is not required to describe the property by field notes or by metes
507	507	and bounds. If the applicant for the warrant seeks to enter the
508	508	property to determine whether animals [livestock] are on the
509	509	property, the application for the warrant shall state that. If the
510	510	warrant is obtained for the purpose of seizing or treating animals
511	511	[dipping livestock], the application and the warrant shall describe
512	512	the animals [livestock, state whether the animals are cattle,
513	513	horses, mules, jacks, or jennets,] and give the approximate number
514	514	of animals. If any of that information is unknown to the applicant,
515	515	the application and warrant shall state that the information is
516	516	unknown.
517	517	SECTION 26. Sections 167.103, 167.104, and 167.105,
518	518	Agriculture Code, are amended to read as follows:
519	519	Sec. 167.103. TREATMENT OF ANIMALS [DIPPING OF CATTLE] BY
520	520	PEACE OFFICER ON REQUEST OF INSPECTOR. (a) If a person
521	521	responsible for treating animals [dipping livestock] fails to treat
522	522	the animals [dip the livestock] at the time and place directed in
523	523	the order or, prior to a treatment [dipping] date in the order,
524	524	states that he or she does not intend to treat the animals [dip the
525	525	livestock], the inspector in charge of tick eradication in that
526	526	county shall notify a peace officer.
527	527	(b) The peace officer shall deputize a sufficient number of
528	528	assistants, to be designated by the supervising inspector of the
529	529	county, shall enter the property on which the animals [livestock]
530	530	are located, and shall gather and treat the animals [dip the
531	531	livestock] under the supervision of an inspector and in accordance
532	532	with the directions of the commission.
533	533	(c) The peace officer shall continue to treat the animals
534	534	[dip the livestock] on each treatment [dipping] date specified in
535	535	the order until the person responsible for treatment [dipping]
536	536	begins and continues the treatment [dipping] in accordance with
537	537	that order.
538	538	Sec. 167.104. SEIZURE AND DISPOSAL OF ANIMALS [LIVESTOCK]
539	539	RUNNING AT LARGE. (a) An inspector may request a peace officer to
540	540	seize animals [livestock] if:
541	541	(1) the inspector determines the animals [livestock]
542	542	to be running at large or on the open range of a county or part of a
543	543	county in which the commission is conducting tick eradication under
544	544	this chapter; and
545	545	(2) the inspector is unable to locate the owner or
546	546	caretaker of the animals [livestock].
547	547	(b) The peace officer may deputize assistants, shall seize
548	548	the animals [livestock], and shall treat the animals [dip the
549	549	livestock,] under the supervision of an inspector. The officer
550	550	shall impound the animals [livestock] at a place designated by the
551	551	inspector or otherwise dispose of the animals [livestock] as
552	552	necessary for the purpose of tick eradication.
553	553	Sec. 167.105. SEIZURE AND DISPOSAL OF ANIMALS [LIVESTOCK]
554	554	MOVED IN VIOLATION OF QUARANTINE. (a) An inspector who discovers
555	555	animals [livestock] that are being or have been moved in violation
556	556	of a quarantine may request a peace officer to seize the animals
557	557	[livestock] and:
558	558	(1) impound the animals [livestock] at the expense of
559	559	the owner; or
560	560	(2) if practicable, return the animals [livestock] at
561	561	the expense of the owner to the point of origin.
562	562	(b) In addition to other expenses, the owner of the seized
563	563	animals [livestock] shall pay the officer a fee of $2 and the cost
564	564	of feeding, watering, and holding the animals [livestock].
565	565	SECTION 27. Subsection (c), Section 167.106, Agriculture
566	566	Code, is amended to read as follows:
567	567	(c) The commission or a resident of a county or part of a
568	568	county in which tick eradication is being conducted may sue for
569	569	permanent or temporary relief to compel a person who is an owner,
570	570	part owner, or caretaker of animals to treat the animals [livestock
571	571	to dip that livestock] in accordance with this chapter if the person
572	572	has failed or refused to treat the animals [dip the livestock] or
573	573	has threatened to fail or refuse to treat the animals [dip the
574	574	livestock]. If the court finds that the defendant has been served
575	575	with an order of the commission to treat the animals [dip the
576	576	livestock], that the animals [livestock] are subject to treatment
577	577	[dipping], and that the material allegations of the plaintiff's
578	578	petition are true, the court shall enter an order commanding the
579	579	defendant to treat the animals [dip the livestock] in accordance
580	580	with the directions of the commission at the time and place
581	581	designated in the order of the commission or in the order of the
582	582	court. If the defendant fails to comply with the order of the
583	583	court, the court may hold the defendant in contempt and punish the
584	584	defendant accordingly and shall order a peace officer to deputize
585	585	assistants and treat the animals [dip the livestock] in accordance
586	586	with the order of the court. The expense of treating the animals
587	587	[dipping the livestock] and employing the peace officer and
588	588	assistants shall be taxed against the defendant as a cost of suit.
589	589	SECTION 28. Section 167.107, Agriculture Code, is amended
590	590	to read as follows:
591	591	Sec. 167.107. SALE OF ANIMALS TREATED [LIVESTOCK DIPPED] OR
592	592	SEIZED BY PEACE OFFICER. (a) A peace officer who gathers and
593	593	treats [dips] or who seizes and impounds or disposes of animals
594	594	[livestock] under Section 167.103, 167.104, or 167.105 [of this
595	595	code] is entitled to retain and sell the animals [livestock] for the
596	596	purpose of securing payment for the expenses of handling, including
597	597	the expenses of holding, feeding, and watering the animals
598	598	[livestock].
599	599	(b) Not later than the 60th day after the day on which
600	600	animals are treated [livestock are dipped] or seized, the peace
601	601	officer may sell at public sale to the highest bidder a number of
602	602	the animals sufficient to cover the secured expenses. The officer
603	603	shall conduct the sale at the courthouse door of the county in which
604	604	the animals [livestock] are located and shall post notice of the
605	605	sale at that courthouse door at least five days before the day of
606	606	the sale.
607	607	(c) If any proceeds of the sale remain after deducting the
608	608	amount to which the peace officer is entitled, the peace officer
609	609	shall pay those proceeds to the county treasurer subject to the
610	610	order of the owner of the animals [livestock].
611	611	(d) A peace officer who treats animals [dips livestock]
612	612	under Section 167.103 [of this code] is entitled to act under this
613	613	section to secure the expenses of each day on which the animals are
614	614	treated [dipped].
615	615	SECTION 29. Subsections (a), (b), (c), (d), (e), and (g),
616	616	Section 167.108, Agriculture Code, are amended to read as follows:
617	617	(a) A peace officer who gathers and treats [dips] or who
618	618	seizes and impounds or disposes of animals [livestock] under
619	619	Section 167.103, 167.104, or 167.105 [of this code] has a lien on
620	620	the animals [livestock] for the purpose of securing payment of the
621	621	officer's fees and the expenses of handling the animals
622	622	[livestock], including the expenses of holding, feeding, and
623	623	watering the animals [livestock] and the expenses of paying
624	624	assistants. Instead of retaining and selling the animals
625	625	[livestock] under Section 167.107 [of this code], the officer may
626	626	perfect and foreclose a lien granted by this section.
627	627	(b) A peace officer who treats animals [dips livestock] in
628	628	accordance with an order of a court under Section 167.106(c) [of
629	629	this code], and the peace officer's assistants, have a lien on the
630	630	animals [livestock] to secure payment of the expenses and costs of
631	631	the treatment [dipping].
632	632	(c) A peace officer may perfect a lien under Subsection (a)
633	633	[of this section] by filing a sworn statement of indebtedness with
634	634	the county clerk of the county in which the animals [livestock] are
635	635	located. The statement must describe the animals [livestock] and
636	636	must be filed within six months after the treatment [dipping] or
637	637	other action of the peace officer giving rise to the lien. The
638	638	statement may cover a single action or actions over a period of
639	639	time. If the statement covers actions over a period of time, the
640	640	statement must be filed within six months after the last treatment
641	641	[dipping] or other action giving rise to the lien.
642	642	(d) A peace officer may perfect a lien under Subsection (b)
643	643	[of this section] by filing a sworn statement covering a single
644	644	treatment [dipping] or a number of treatments [dippings] with the
645	645	clerk of the district court. The statement must show the number of
646	646	animals treated [livestock dipped] and must describe the animals
647	647	[livestock]. The statement must be filed within 12 months after
648	648	each treatment [dipping].
649	649	(e) A peace officer may foreclose a lien under Subsection
650	650	(a) [of this section] by filing suit against the owner of the
651	651	animals [livestock] in a court of competent jurisdiction for
652	652	collection of the account and foreclosure of the lien. The suit
653	653	must be filed within 24 months after the statement is filed with the
654	654	county clerk. In the suit, the court may not require a cost bond of
655	655	the peace officer or any person to whom the peace officer has
656	656	assigned the account. The court shall enter judgment for the debt,
657	657	with interest and costs of suit, and for foreclosure of the lien on
658	658	the number of animals that the court determines necessary to defray
659	659	the expenses and fees secured.
660	660	(g) If a lien is foreclosed under this section, the
661	661	remainder of the proceeds of the sale following deduction of
662	662	expenses and costs shall be paid to the clerk of the court in which
663	663	the suit is pending and are subject to the order of the owner of the
664	664	animals [livestock].
665	665	SECTION 30. Sections 167.110, 167.111, and 167.112,
666	666	Agriculture Code, are amended to read as follows:
667	667	Sec. 167.110. PRESUMPTION OF EXISTENCE OR SUFFICIENCY OF
668	668	TREATMENT [DIP]. (a) In the trial of any case under this chapter
669	669	in connection with the treatment of animals [dipping of livestock]
670	670	or the failure to treat animals [dip livestock], it is presumed
671	671	that:
672	672	(1) the treatment [dipping vat] contained a sufficient
673	673	amount of treatment chemical and the treatment chemical [dipping
674	674	solution and the dipping solution] had been properly tested; or
675	675	(2) the treatment chemical [dipping solution] could
676	676	have and would have been put into the treatment facility [vat] and
677	677	tested if the owner or caretaker had brought the animals to the
678	678	treatment facility [livestock to the vat] for the purpose of
679	679	treatment [dipping].
680	680	(b) In a criminal prosecution for failure to treat animals
681	681	[dip livestock] under this chapter, the state is not required to
682	682	allege and prove that the treatment facility [vat] contained
683	683	treatment chemical [dipping solution].
684	684	(c) If it is necessary in a court proceeding to prove the
685	685	test of a treatment chemical [dipping solution], it is only
686	686	necessary to prove that:
687	687	(1) the treatment chemical [dipping solution] used was
688	688	one of the official treatment chemicals [dipping materials]
689	689	prescribed by the commission; and
690	690	(2) the inspector tested the treatment chemical
691	691	[dipping solution] in accordance with the rules of the commission.
692	692	Sec. 167.111. PRESUMPTION OF OWNERSHIP OR CARE. (a) If an
693	693	inspector determines that a person is the owner, part owner, or
694	694	caretaker of animals [livestock] subject to treatment [dipping] and
695	695	an order to treat [dip] is issued and served, it is presumed that,
696	696	at the time of a failure to treat [dip], the person was still the
697	697	owner, part owner, or caretaker of animals [livestock] subject to
698	698	treatment [dipping] located on the premises described in the order.
699	699	In that case, the state is required to prove only that the person
700	700	was the owner, part owner, or caretaker of animals [livestock]
701	701	subject to treatment [dipping] located on the premises at the time
702	702	the order was served.
703	703	(b) After the service of an order to treat [dip], if there
704	704	are no longer any animals [livestock] subject to treatment
705	705	[dipping] located on the premises and if no animals [livestock]
706	706	subject to treatment [dipping] have been illegally removed, the
707	707	defendant may file a sworn statement of that fact at the beginning
708	708	of the trial. If the defendant does not file that statement, it is
709	709	presumed that the defendant's status as owner, part owner, or
710	710	caretaker remained unchanged since the service of the order.
711	711	Sec. 167.112. VENUE OF CRIMINAL PROSECUTION. The owner,
712	712	part owner, or caretaker of animals [livestock] is subject to
713	713	prosecution under this chapter in the county in which the animals
714	714	[livestock] and the premises are located, regardless of whether the
715	715	defendant was in the county at the time of issuance and service of
716	716	the order to treat [dip], at the time of the failure to treat [dip],
717	717	or at the time of violation of the quarantine.
718	718	SECTION 31. Subsection (a), Section 167.131, Agriculture
719	719	Code, is amended to read as follows:
720	720	(a) A person commits an offense if, as the owner, part
721	721	owner, or caretaker of animals [livestock], the person fails to
722	722	gather the animals [livestock] for inspection at the time and place
723	723	ordered by the commission under Section 167.008 [of this code].
724	724	SECTION 32. Section 167.132, Agriculture Code, is amended
725	725	to read as follows:
726	726	Sec. 167.132. MOVEMENT OF ANIMALS [LIVESTOCK] IN VIOLATION
727	727	OF QUARANTINE. (a) A person commits an offense if the person
728	728	moves, or as owner, part owner, or caretaker permits the movement
729	729	of, animals [livestock] from any land, premises, or enclosure that
730	730	is under quarantine for tick infestation or exposure in violation
731	731	of the quarantine without a permit issued by an inspector of the
732	732	commission or of the Animal and Plant Health Inspection Service,
733	733	United States Department of Agriculture.
734	734	(b) A railroad or other transportation company commits an
735	735	offense if it permits an animal [a head of livestock] to enter stock
736	736	pens in the tick eradication area under the company's control
737	737	without a written certificate or permit from an inspector of the
738	738	commission or of the Animal and Plant Health Inspection Service,
739	739	United States Department of Agriculture.
740	740	(c) An offense under this section is a Class C misdemeanor
741	741	for each animal [head of livestock] moved, permitted to move, or
742	742	permitted to enter the pen unless it is shown on the trial of the
743	743	offense that the defendant has been previously convicted under this
744	744	section, in which event the offense is a Class B misdemeanor.
745	745	(d) Except as provided by this subsection, a person commits
746	746	a separate offense under Subsection (a) [of this section] for each
747	747	county into which animals [livestock] are moved within 30 days
748	748	following the day on which the animals [livestock] leave the county
749	749	in which they were quarantined. A person does not commit an offense
750	750	for a county if the person complied with the requirements of this
751	751	chapter prior to entry into that county.
752	752	SECTION 33. Subsections (a) and (b), Section 167.133,
753	753	Agriculture Code, are amended to read as follows:
754	754	(a) A person commits an offense if the person:
755	755	(1) moves animals [livestock] or, as owner, part
756	756	owner, or caretaker, permits animals [livestock] to be moved into
757	757	this state in violation of Section 167.026(a) [of this code]; or
758	758	(2) moves animals or commodities into this state in
759	759	violation of Section 167.026(b) or (c) [of this code].
760	760	(b) An offense under Subsection (a)(1) [of this code] is a
761	761	Class C misdemeanor for each animal [head of livestock] moved or
762	762	permitted to be moved unless it is shown on the trial of the offense
763	763	that the defendant has been previously convicted under this
764	764	section, in which event the offense is a Class B misdemeanor.
765	765	SECTION 34. Sections 167.134 and 167.135, Agriculture Code,
766	766	are amended to read as follows:
767	767	Sec. 167.134. MOVEMENT OF ANIMALS [LIVESTOCK] IN VIOLATION
768	768	OF PERMIT OR CERTIFICATE. (a) A person commits an offense if the
769	769	person moves or, as owner, part owner, or caretaker, permits the
770	770	movement of, animals [livestock] under a certificate or permit from
771	771	quarantined land, premises, or enclosures to a place other than
772	772	that designated on the certificate or permit by the inspector.
773	773	(b) An offense under this section is a Class C misdemeanor
774	774	for each animal [head of livestock] moved unless it is shown on the
775	775	trial of the offense that the defendant has been previously
776	776	convicted under this section, in which event the offense is a Class
777	777	B misdemeanor.
778	778	Sec. 167.135. FAILURE TO POSSESS OR EXHIBIT PERMIT OR
779	779	CERTIFICATE. (a) A person commits an offense if the person is in
780	780	charge of animals [livestock] for which a certificate or permit is
781	781	required or is in charge of the conveyance transporting that animal
782	782	[livestock] and the person fails to possess or exhibit the
783	783	certificate or permit in the manner provided by Section 167.027 [of
784	784	this code].
785	785	(b) An offense under this section is a Class C misdemeanor
786	786	for each animal [head of livestock] moved or conveyed without a
787	787	certificate or permit as required by Subsection (a) [of this
788	788	section] unless it is shown on the trial of the offense that the
789	789	defendant has been previously convicted under this section, in
790	790	which event the offense is a Class B misdemeanor.
791	791	SECTION 35. Subsection (a), Section 167.138, Agriculture
792	792	Code, is amended to read as follows:
793	793	(a) A person commits an offense if the person uses sand as
794	794	bedding in an animal [a livestock] conveyance in violation of a
795	795	quarantine established or a commission rule adopted under Section
796	796	167.031 [of this code].
797	797	SECTION 36. The heading to Section 167.140, Agriculture
798	798	Code, is amended to read as follows:
799	799	Sec. 167.140. IMPROPER HANDLING AND REMOVAL OF ANIMAL
800	800	[LIVESTOCK] REFUSE OR DEAD OR INJURED ANIMALS [LIVESTOCK].
801	801	SECTION 37. The heading to Section 167.141, Agriculture
802	802	Code, is amended to read as follows:
803	803	Sec. 167.141. FAILURE TO TREAT ANIMALS [DIP LIVESTOCK].
804	804	SECTION 38. Subsection (a), Section 167.141, Agriculture
805	805	Code, is amended to read as follows:
806	806	(a) A person who is the owner, part owner, or caretaker of
807	807	animals [livestock] commits an offense if, after the 12th day
808	808	following the day on which notice of an order to treat [dip] is
809	809	received, the person fails or refuses to treat the animals [dip the
810	810	livestock] as prescribed in the order, on any date prescribed in the
811	811	order, during the hours prescribed in the order, under the
812	812	supervision of an inspector, with [in] an official treatment
813	813	chemical [dipping material], or in the treatment facility [dipping
814	814	vat] designated in the order.
815	815	SECTION 39. The heading to Section 167.142, Agriculture
816	816	Code, is amended to read as follows:
817	817	Sec. 167.142. DESTRUCTION OF PUBLIC TREATMENT [DIPPING]
818	818	FACILITIES.
819	819	SECTION 40. (a) The changes in law made by this Act apply
820	820	only to an offense committed on or after the effective date of this
821	821	Act. For purposes of this section, an offense is committed before
822	822	the effective date of this Act if any element of the offense occurs
823	823	before that date.
824	824	(b) An offense committed before the effective date of this
825	825	Act is covered by the law in effect when the offense was committed,
826	826	and the former law is continued in effect for that purpose.
827	827	SECTION 41. Not later than December 1, 2013, the Texas
828	828	Animal Health Commission shall adopt rules as required by this Act.
829	829	SECTION 42. This Act takes effect September 1, 2013.