Texas Agriculture Code
§ 164.022 — HEARING
AG § 164.022Title 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS · Part C. CONTROL OF ANIMAL DISEASES AND PESTS · Ch. 164. SCABIES CONTROL · Art. B. TREATMENT
Statute text
View on source(a)Not later than the fifth day following the day on which a person receives an order to treat cattle or sheep, the person may file with the commission or the presiding officer of the commission a written affidavit that:
(1)denies that the animals are subject to being treated under this chapter, or states that, for good and sufficient reason set out in the affidavit, the person is entitled to have the order rescinded or the treatment postponed; and
(2)requests that the commission withhold enforcement of the order and grant a hearing on the matter or investigate the matter as necessary to determine the correctness of the statement contained in the affidavit.
(b)Not later than the fifth day following the day on which the commission receives an affidavit under Subsection (a) of this section, the commission shall, if desired by the affiant, grant the affiant a hearing in the office of the presiding officer. The commission shall give the affiant notice of the hearing by telegram or registered mail and shall hold the hearing not earlier than the fourth day following the day of giving that notice.
(c)The commission shall consider the affidavit at the hearing and shall, in person or by agent, investigate the matter as the commission considers necessary.
(d)If the commission finds that the statement in the affidavit is correct, the commission shall rescind the order or postpone the treatment until a time that the commission considers proper. If the commission finds that the statement in the affidavit is not correct, the commission shall enforce the order on the date and at the time designated in the order.
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Legislative history
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 23, eff. September 1, 2021.