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TITLE 4AGRICULTURE
PART 1TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 17MARKETING AND PROMOTION
SUBCHAPTER BLIVESTOCK FACILITIES
RULE §17.31Operation of Livestock Facilities

(a) Any service or use of the livestock facilities not clearly or specifically described in this section shall be subject to agreement between each facility manager and each consignor prior to implementation, and shall be subject to the policies of the department and the State of Texas.

(b) Selling, buying, bargaining, trading, or change of ownership of livestock is strictly forbidden on the premises of the livestock facilities. However, the department may utilize the facilities for official departmental livestock marketing functions.

(c) Livestock facilities will not supply feed. The consignor may provide his own feed or may make arrangements with a local feed supplier. The consignor shall be solely responsible for payment for feed. Labor for the feeding of livestock at the facilities will be furnished by the department at no additional charge. If the consignor fails to provide feed for his livestock, the livestock facility may obtain feed on behalf of the consignor and the consignor shall reimburse the facility for all expenses incurred in obtaining the feed.

(d) The following schedule of fees applies to all livestock facilities with the exception of the Houston facility. Scheduled fees include necessary water, pen space and necessary labor for feeding of livestock and assisting in conducting any inspections requested. Stall space, bedding, hay, feed, spray, and any overtime fees or wages are not included in the fee schedule. Stalls are available on a first-come, first-served basis. The cost of stalls is $20 per head for the first 24 hours and $20 per head for each additional 24 hours. For horses, mules, cattle and calves, except feeder/slaughter cattle: first 24 hours or fraction thereof: $5.00; each 24 hours thereafter: $8.00. For breeding sheep and goats: first 24 hours or fraction thereof: $2.00; each 24 hours thereafter: $3.50. For breeding hogs: first 24 hours or fraction thereof: $3.00; each 24 hours thereafter: $4.50. For feeder/slaughter sheep and goats: first 24 hours or fraction thereof: $1.00; each 24 hours thereafter: $1.00. For feeder/slaughter hogs: first 24 hours or fraction thereof: $2.00; each 24 hours thereafter: $2.00. For feeder/slaughter cattle: first 24 hours or fraction thereof: $3.00; each 24 hours thereafter: $3.00. For poultry: first 24 hours or fraction thereof: $2.50; each 24 hours thereafter: $2.50. For baby chicks or fertile eggs: first 24 hours or fraction thereof: $50 per load; each 24 hours thereafter: $50. For exotic livestock or exotic fowl: first 24 hours or fraction thereof: $5.00; each 24 hours thereafter: $5.00.

(e) The following schedule of fees applies to the Houston livestock facility only. Scheduled fees include necessary water, pen space and necessary labor for feeding of livestock and assisting in conducting any inspections requested. Stall space, bedding, hay, feed, spray, and any overtime fees or wages are not included in the fee schedule. Stalls are available on a first-come, first-served basis. The cost of stalls is $40 per head for the first 24 hours and $40 per head for each additional 24 hours. For cattle, horses and mules: first 24 hours or fraction thereof: $10; each 24 hours thereafter: $10. For sheep, goats and hogs: first 24 hours or fraction thereof: $5.00; each 24 hours thereafter: $5.00. For poultry: first 24 hours or fraction thereof: $2.50; each 24 hours thereafter: $2.50. For baby chicks or fertile eggs: first 24 hours or fraction thereof: $50 per load; each 24 hours thereafter: $50. For exotic livestock or exotic fowl: first 24 hours or fraction thereof: $10; each 24 hours thereafter: $10.

(f) No charges will be assessed for suckling calves, foals, pigs, lambs, or kids when accompanied by their dams.

(g) At the request of the consignor, the livestock facility may detain the consignor's livestock at the facility until such time as the consignor authorizes their release.

(h) Animals must be accompanied by proper United States Department of Agriculture health papers. At their discretion, facility managers may allow livestock to be unloaded prior to the arrival of the USDA health papers if the livestock would suffer undue hardship as a result of the delay.

(i) The consignor of the livestock shall be responsible for the outcome of inspections and any injuries or damages incidental to such inspections or use of the services, quarters, or grounds of the livestock facilities.

(j) Pursuant to the Texas Agriculture Code, §146.024, livestock or other animals left in the livestock facilities for longer than 30 calendar days may be sold at public auction to satisfy any unpaid fees or other indebtedness to the department and private suppliers.

(k) Fees are due and payable prior to the removal of the animals from the department's facilities. Payment by certified check or money order may be required of any user whose previous payment by check has been returned due to insufficient funds. Users who are in default of payment to the facilities may be denied use of the facilities until such time as all outstanding fees have been paid in full.

(l) The following facility use fee schedule applies to all animals processed at the department's Texas-Mexico border livestock facilities that are not listed in subsection (d) of this section. All animals: first 24 hours or fraction thereof: $5.00; each 24 hours thereafter: $5.00. The following facility use fee schedule applies to all animals processed at the department's Houston livestock facility that are not listed in subsection (e) of this section: All animals: first 24 hours or fraction thereof: $10; each 24 hours thereafter: $10. The fee for semen at all facilities is as follows: first 24 hours or fraction thereof: $25 per container; each 24 hours thereafter: $25.


Source Note: The provisions of this §17.31 adopted to be effective May 28, 1993, 18 TexReg 3093; amended to be effective March 5, 1996, 21 TexReg 1526; amended to be effective March 30, 2000, 25 TexReg 2564; amended to be effective September 1, 2003, 28 TexReg 6812; amended to be effective January 10, 2013, 38 TexReg 241; amended to be effective February 18, 2015, 40 TexReg 695

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