Tex. Agric. Code Section 167.106
Injunction; Mandamus


(a)

The commission or a resident of this state may sue for an injunction to compel compliance with a provision of this chapter or to restrain a threatened violation of a provision of this chapter.

(b)

A resident of this state may sue for mandamus against a commissioners court to compel the compliance of that court with the duty of the commissioners court under this chapter.

(c)

The commission or a resident of a county or part of a county in which tick eradication is being conducted may sue for permanent or temporary relief to compel a person who is an owner, part owner, or caretaker of animals to treat the animals in accordance with this chapter if the person has failed or refused to treat the animals or has threatened to fail or refuse to treat the animals. If the court finds that the defendant has been served with an order of the commission to treat the animals, that the animals are subject to treatment, and that the material allegations of the plaintiff’s petition are true, the court shall enter an order commanding the defendant to treat the animals in accordance with the directions of the commission at the time and place designated in the order of the commission or in the order of the court. If the defendant fails to comply with the order of the court, the court may hold the defendant in contempt and punish the defendant accordingly and shall order a peace officer to deputize assistants and treat the animals in accordance with the order of the court. The expense of treating the animals and employing the peace officer and assistants shall be taxed against the defendant as a cost of suit.

(d)

A court may hear and determine a suit under this section in term or in vacation. Notice of the suit shall be given to the defendant as the court determines justice requires.
Acts 1981, 67th Leg., p. 1448, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 27, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 27, eff. September 1, 2013.

Source: Section 167.106 — Injunction; Mandamus, https://statutes.­capitol.­texas.­gov/Docs/AG/htm/AG.­167.­htm#167.­106 (accessed May 18, 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

Accessed:
May 18, 2024

§ 167.106’s source at texas​.gov