Sec. 161.054. REGULATION OF MOVEMENT OF ANIMALS; EXCEPTION. (a) As a control measure, the commission by rule may regulate the movement of animals, including feral swine. The commission may restrict the intrastate movement of animals, including feral swine, even though the movement of the animals is unrestricted in interstate or international commerce. The commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved.
(b) The commission by rule may prohibit or regulate the movement of animals, including feral swine, into a quarantined herd, premise, or area.
(c) The commission may not adopt a rule that prohibits a person from moving animals, including feral swine, owned by that person within unquarantined contiguous lands owned or controlled by that person.
(d) On application of the owner of an animal, including a feral swine, a restriction on the movement of the animal imposed under this chapter may be modified by order of the executive director of the commission if the owner demonstrates that the restriction will result in unusual hardship for the owner. In considering an application under this section, the executive director may consider the effect of prolonged drought, inadequacy of pasturage or unusual feed supply resulting from disaster or other unforeseeable circumstances, or economic hardship.
(e) In connection with the regulation of the movement of feral swine, the commission by rule may require disease testing before movement of a feral swine from one location to another, and establish the conditions under which feral swine may be transported.
(f) The commission's authority to regulate the movement of feral swine may not interfere with the authority of the Parks and Wildlife Department to regulate the hunting or trapping of feral swine.
Added by Acts 1995, 74th Leg., ch. 31, Sec. 1, eff. April 27, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 13, eff. September 1, 2007.
Structure Texas Statutes
Title 6 - Production, Processing, and Sale of Animal Products
Subtitle C - Control of Animal Diseases and Pests
Chapter 161 - General Disease and Pest Control
Subchapter C. General Powers and Duties of Commission
Section 161.041. Disease Control
Section 161.0411. Domestic and Exotic Fowl Registration
Section 161.0412. Regulation and Registration of Feral Swine Holding Facilities
Section 161.0415. Disposal of Diseased or Exposed Livestock or Fowl
Section 161.0416. Emergency Management
Section 161.0417. Authorized Personnel for Disease Control
Section 161.042. Sale and Distribution of Veterinary Biologics
Section 161.043. Regulation of Exhibitions
Section 161.044. Regulation of Livestock Movement From Stockyards or Railway Shipping Pens
Section 161.0445. Regulation of Export-Import Processing Facilities
Section 161.045. Employees; Chief Veterinarian
Section 161.048. Inspection of Shipment of Animals or Animal Products
Section 161.049. Dealer Records
Section 161.051. Memorandum of Understanding on Enforcement of Commission Powers
Section 161.052. Memorandum of Understanding on Cooperation With Local Authorities
Section 161.0525. Memorandum of Understanding on Cooperation With Other States
Section 161.053. Cooperative Agreements
Section 161.054. Regulation of Movement of Animals; Exception
Section 161.0541. Elk Disease Surveillance Program
Section 161.0545. Movement of Animal Products
Section 161.055. Slaughter Plant Collection
Section 161.056. Animal Identification Program
Section 161.057. Classification of Areas
Section 161.058. Compensation of Livestock or Fowl Owner
Section 161.059. Quality Assurance Assistance
Section 161.060. Authority to Set and Collect Fees
Section 161.0601. Certificates of Veterinary Inspection
Section 161.0602. Persons or Laboratories Performing Equine Infectious Anemia Tests