Attorney General Opinion WW-1305

THE ORNEY GENERAL OF-XAS IVILL WILSON A-OR- GENERA=. April 9, 1962 Dr. R. G. Garrett Executive Director Opinion No. WW-1305 Texas Animal Health Commission Re: Whether the Texas 1020 State Office Building Austin 1, Texas Dear Dr. Garrett: Animal Health Commission can require slaughter poultry being shipped into Texas to be consigned to slaughtering estab- lishments maintaining Federal veterinary post- mortem inspection. We are in receipt of your is stated as follows: request for opinion which "Specifically, an opinion is desired as to whether or not this Commission can require that all slaughter poultry being shipped into this State be consigned to slaughtering establishments maintaining Federal veterinary post-mortem in- spection. Present regulations do not place any restrictions on the movement of slaughter poultry into Texas." An inspection of Article 152513, Vernon's Penal Code reveals that Sections 10, 11, 12 and 13 govern the shipping of "livestock, cattle and hogs" into Texas. Article 1505a of the Penal Code states in part as follows: 11 . . . "(b) The term "livestock" means, and shall include any bovine, equine, caprine, ovine or porcine animal. . . .' The above definition of “livestock” and the use of the word “cattle” leads us to the conclusion that “poultry” may not properly be considered livestock or cattle, and that therefore the provisions of Sections 10, 11, 12 and 13 do not apply to poultry. Dr. R. G. Garrett, page 2 (WV!-1305) Code However, Section 9 of Article 152513 of the Penal states as follows: “Sec. 9. It shall be unlawful for any person, firm or corporation to ship, drive, drift, haul, lead or otherwise move from any state, territory or foreign country into any county in the State of Texas, or for any railroad company or other common carrier to haul, ship, or transport into any county in the State of Texas from any state, territory, or foreign country, any rattle [except steers and spayed heifers), horses, mules, asses, sheep, goats, hogs, domestic animals or domestic fowls, except as hereinafter provided, unless the same are accompanied by a health certificate issued by a veterinarian authorized by or recognized by %he Texas Animal Health Commission on a health certificate form prescribed In the rules and regulations of said Commission. The said Commission shall provide In its rules and reg- ulations for authorizing and recognizing vet- erinarians of this state and of other states and Departments of the United States Government and no veterinarian shall be considered as rec- ognized or authorized bu said Commission. extent move into-the State of Texas, or any railway or other common carrier that shall haul, ship, or transport into the State of Texas any cattle (except steers and spayed heifers I, horses, mules, asses, sheep, goats, hogs, domestic animals or domestic fowls, in violation hereof without the same being accompanied by said certificate shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be fined any sum of not less Dr. R. G. Garrett, page 3~ (WW-1305) than Twenty-five Dollars 25.00) nor more than One Hundred Dollars 100.00) for each head of livestock and for each domestic animal or domestic fowl which said person, firm or corporation, railway or other common carrier ships, hauls, drives, drifts, trans- oorts. leads. or otherwise moves into the State-of Texas, in violation hereof. Cattle We note from the above Article that all animals there enumerated including "domestic fowls," which are shipped into Texas must be subject to a health certificate on a form "prescribed in the rules and regulations of said Commission." The form of the certificate is to be left to the discretion of the Commission, except that it must show "that said livestock, domestic animals, and domestic fowls were inspected by said veterinarian sometime within the preceding ten days before they entered the State of Texas. and that he found them to be-free of all infectious and contagious diseases, as such are determined by the Texas Animal Health Commission to be dangerous to livestock, and that said animals were subjected to such tests, immunizations, and treatment as required under regulations adopted by said Commission," among other requirements. (Emphasis added). We feel from the legislative intent as expressed in Section 9 that since the Texas Animal Health Commission may by its rules and regulations prescribe a certain health certi- ficate which form must be executed before foreign poultry may enter Texas, that it also has the authority to promulgate any rules or regulations pertaining to the tests, immunizations, and treatment of poultry coming into Texas for slaughtering. The last sentence of Section 9 in excluding cattle, sheep, and hogs brought into Texas for slaughter purposes from certi- fication evidences to us that the Commission was to require certification, under rules prescribed by them, for all other animals to be slaughtered if they saw fit. Authority is lacking, however for the Commission to require that all poultry shipped into Texas be consigned to particular establishments maintaining certain standards. The Legislature has not given this power to the Commission, and we cannot infer same from Section 9 which concerns health certi- ficates only. . . Dr. R. G. Garrett, page 4 (WW-1305) SUMMARY The Texas Animal Health Commission may not require that all poultry shipped into Texas be consigned only to slaughtering establishments maintaining Federal post-mortem inspection. Any control over poultry comes from Section 9 of Article 1525b of Vernon's Penal Code which gives the Commission authority to require a special health certificate under rules and regulations of the Commission for all poultry shipped into Texas for slaughtering. Yours very truly, FDW:jkr:mkh APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Joseph Trimble Charles Lind Malcolm Quick WILL WILSON REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.