Tex. Agric. Code Section 167.110
Presumption of Existence or Sufficiency of Treatment

(a)

In the trial of any case under this chapter in connection with the treatment of animals or the failure to treat animals, it is presumed that:

(1)

the treatment contained a sufficient amount of treatment chemical and the treatment chemical had been properly tested; or

(2)

the treatment chemical could have and would have been put into the treatment facility and tested if the owner or caretaker had brought the animals to the treatment facility for the purpose of treatment.

(b)

In a criminal prosecution for failure to treat animals under this chapter, the state is not required to allege and prove that the treatment facility contained treatment chemical.

(c)

If it is necessary in a court proceeding to prove the test of a treatment chemical, it is only necessary to prove that:

(1)

the treatment chemical used was one of the official treatment chemicals prescribed by the commission; and

(2)

the inspector tested the treatment chemical in accordance with the rules of the commission.
Acts 1981, 67th Leg., p. 1450, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 30, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 30, eff. September 1, 2013.

Source: Section 167.110 — Presumption of Existence or Sufficiency of Treatment, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­167.­htm#167.­110 (accessed Jun. 5, 2024).

167.001
Definitions 167.002
Caretaker of Animal 167.003
General Powers and Duties of Commission 167.004
Classification of Animals or Premises as Infested, Exposed, or Free from Exposure 167.005
Eradication, Free, and Inactive Quarantine Areas 167.006
Designation of Tick Eradication Area 167.007
Tick Eradication in Free Area 167.008
Inspections 167.021
General Quarantine Power 167.022
Quarantine of Tick Eradication Area 167.023
Quarantine of Free Area 167.024
Movement in or from Quarantined Area 167.025
Movement in or from Inactive Quarantined Area 167.026
Movement into This State from Quarantined Area 167.027
Permit or Certificate to Accompany Movement 167.028
Statement of Possession and Destination 167.029
Conditions, Manner, and Method of Moving and Handling 167.030
Disinfection of Conveyance 167.031
Use of Sand as Bedding in Conveyance 167.032
Movement of Commodities 167.033
Handling and Removal of Refuse or Dead or Injured Animals 167.051
Animals Subject to Treatment 167.052
Order to Treat 167.053
Hearing 167.054
Excuse from Compliance with Order 167.055
Persons Responsible for Treatment and Assistance 167.056
Manner of Treatment 167.057
Treatment Chemicals 167.059
Treatment Facilities 167.060
Treatment Required for Movement from Quarantined Area 167.081
Designation of Facility to Handle Certified Livestock 167.082
Notice and Hearing 167.083
Maintenance of Tick-free Facilities 167.101
Inspectors 167.102
Entry Power 167.103
Treatment of Animals by Peace Officer on Request of Inspector 167.104
Seizure and Disposal of Animals Running at Large 167.105
Seizure and Disposal of Animals Moved in Violation of Quarantine 167.106
Injunction 167.107
Sale of Animals Treated or Seized by Peace Officer 167.108
Liens 167.109
Admissibility of Commission Instruments 167.110
Presumption of Existence or Sufficiency of Treatment 167.111
Presumption of Ownership or Care 167.112
Venue of Criminal Prosecution 167.113
Civil Suit Against Corporate Offender 167.131
Refusal of Inspection 167.132
Movement of Animals in Violation of Quarantine 167.133
Movement of Animals or Commodities into Texas from Quarantined Area 167.134
Movement of Animals in Violation of Permit or Certificate 167.135
Failure to Possess or Exhibit Permit or Certificate 167.136
Failure to Make Statement of Possession and Destination 167.137
Failure to Disinfect Conveyance 167.138
Use of Sand as Bedding 167.139
Movement of Commodities from Quarantined Area 167.140
Improper Handling and Removal of Animal Refuse or Dead or Injured Animals 167.141
Failure to Treat Animals 167.142
Destruction of Public Treatment Facilities 167.143
Failure to Provide Tick-free Stockyard Facilities 167.144
Refusal to Permit Search
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Accessed:
Jun. 5, 2024

§ 167.110’s source at texas​.gov