The Honorable H. Q. Sibley Opinion No. H-893
Executive Director
Texas Animal Health Commission Re: Authority of the
1020 Sam Houston State Office Texas Animal Health
Building Commission to require
Austin, Texas 78701 compulsory brucellosis
vaccination of animals.
Dear Dr. Sibley:
you have requested our opinion regarding whether the
Texas Animal Health Commission, formerly the Livestock
Sanitary Commission, may require brucellosis vaccination of
animals under section 23A of article 7014f-1, V.T.C.S.
Section 23A provides, in pertinent part:
(1) Purpose. It is the purpose of
this Section to bring about the effective
control and eventual eradication of bovine
brucellosis in the State of Texas and to
accomplish that purpose in the most
effective, practical and expeditious
manner.
Section 23A authorizes the establishment of two types of
"brucellosis control areas." Subsection (7). In a Type I
control area, the statute requires that
all female calves . . . be officially
vaccinated within ages fixed by
regulation. Subsection (7).
P. 3759
* . .
The Honorable H. Q. Sibley - page 2 (H-893)
In a Type II control area, the Commission is empowered
to conduct such tests, vaccinations, and
other practices . . . as may be necessary
to qualify said county for certification
or recertification as a modified certified
brucellosis free area as outlined in the
uniform regulations of the United States
Department of Agriculture and the Livestock
Sanitary Commission of Texas. Subsection
(9). (Emphasis added).
Thus, as to Type I control areas, the authority of the
Commission to require vaccinations has been limited by
statute to female calves within ages fixed by regulations of
the Commission, while its authority in a Type II control
area has been sufficiently broadened by the Legislature to
require the vaccination of any animal whose vaccination it
deems necessary.
In order to designate a county or other area as a
"brucellosis control area," the Commission is required to
follow the procedures outlined in subsection (6). Another
provision of section 23A, however, permits the Commission to
designate "3 county or area as a Type II control area"
upon
a finding that at least 75 percent of the
cattle owners of the State . . . owning
at least 51 percent of the cattle within
the State, have petitioned the Commission
for establishment of Type II brucellosis
control areas. Subsection (4a).
Thus, we point out that, while the Legislature in section
23A has placed some limitations upon the Texas Animal Health
Commission's authority to require brucellosis vaccinations,
it has specified the classifications and circumstances under
which it may do so.
P. 3760
The Honorable H. Q. Sibley - page 3 (H-893)
SUMMARY
Section 23A of article 7014f-1, V.T.C.S.,
does not confer blanket authority upon
the Texas Animal Health Commission to
require brucellosis vaccinations, but it
permits the Commission to do so under
circumstances described by statute.
Very truly yours,
&II&
.
Attorney General of Texas
APPROVED: /
L&
DAVID M. KENDALL, First Assistant
&A
C. ROBERT HEATH, Chairman
Opinion Committee
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