83R7512 AED-F

By: King of Zavala H.B. No. 1807

A BILL TO BE ENTITLED

AN ACT

relating to fever tick eradication; creating a penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 167.001, Agriculture Code, is amended by amending Subdivision (1) and adding Subdivisions (1-a) and (8) to read as follows:

(1) "Animal" means any domestic, free-range, or wild animal capable of hosting or transporting ticks capable of carrying Babesia, including:

(A) livestock;

(B) zebras, bison, and giraffes; and

(C) deer, elk, and other cervid species.

(1-a) "Commission" means the Texas Animal Health Commission.

(8) "Treatment" means a procedure or management practice used on an animal to prevent the infestation of, control, or eradicate ticks capable of carrying Babesia.

SECTION 2. Sections 167.003(a) and (c), 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. Sections 167.004(a) and (b), 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. Section 167.021(a), 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. Section 167.022(b), 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. Sections 167.023(a) and (c), 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. Sections 167.024(a), (b), and (c), 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. Sections 167.026(a) and (b), 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. Section 167.030(a), 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. Sections 167.053(a) and (c), 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. Sections 167.059(a), (b), and (c), 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. Sections 167.060(a), (b), and (c), 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. Section 167.082(b), 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. Section 167.101(e), 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. Section 167.102(c), 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. Section 167.106(c), 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. Sections 167.108(a), (b), (c), (d), (e), and (g), 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. Section 167.131(a), 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. Sections 167.133(a) and (b), 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. Section 167.138(a), 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. Section 167.141(a), 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.