S.B. No. 1095

	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1095 passed the Senate on
	April 25, 2013, by the following vote:  Yeas 30, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1095 passed the House on
	May 17, 2013, by the following vote:  Yeas 134, Nays 0, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor