THE AITQECNEP GENERAL
UBP TEXAS
The Honorable H. Q. Sibley Opinion No. H-854
Executive Director
Texas Animal Health Commission Re: Authority of Texas
1020 Sam Houston State Office Animal Health Commission
Building to indemnify owners of
Austin, Texas 78701 swine infected with
pseudorabies which have
been slaughtered on order
of the Commission.
Dear Doctor Sibley:
You have requested our opinion regarding the authority
of the Texas Animal Health Commission to indemnify owners of
swine infected with pseudorabies. Article 7014f-1, V.T.C.S.,
authorizes the Commission
to order swine infected with, or exposed
to, vesicular exanthema, foot and mouth
disease, hog cholera and other diseases
of swine to be sold for immediate slaughter
at public slaughtering establishments where
federal post mortem inspection is maintained;
or the Commission may authorize such slaughter
upon the owner's property, premises or other
place under the direction of said Commission.
Section 22a(4).
Furthermore, the succeeding subsection provides that
[a]fter such sale and slaughter of swine
infected with or exposed to vesicular
exanthema, foot and mouth disease, and
hog cholera, the Commission is authorized
to pay the owner of such swine out of funds
appropriated by the Legislature for that
purpose in an amount not to exceed fifty
p. 3603
The Honorable H. Q. Sibley - page 2 (M-854
per cent (50%) of the appraised value of
such animals after deducting the amount
of salvage received for them by the
owner. Section 22a(5).
You state that pseudorabies is a highly infectious swine
disease which has been diagnosed in a herd of swine within
the state.
If pseudorabies is a swine disease, it comes within the
provisions of subsection (4), which permits the Commission
to order the sale and immediate slaughter of swine infected
with or exposed to "other diseases." The Commission’s
authority under the indemnification provision, however, is
limited to those diseases specifically enumerated therein,
and unlike subsection (4) does not include "other diseases."
Whether we deal here with legislative oversight or legisla-
tive intent is not known to us, but the statute as written
is clear.
SUMMARY
Uner the present wording of the statute,
the Texas Animal Health Commission is
authorized to order the sale and immedi-
ate slaughter of swine infected with or
exposed to pseudorabies, but it may not
indemnify the owner of the swine therefor.
Very truly yours,
Attorney General of Texas
APPROVED:
Opinion Committee
jwb
p. 3604
Untitled Texas Attorney General Opinion
Combined Opinion