(a) Any service or use of livestock facilities is subject to this chapter, the policies and procedures of the department, and applicable state and federal law. Current livestock facilities operating policies and procedures are published on the department's website and posted at the livestock facilities.

(b) Any service or use of the livestock facilities not clearly or specifically described in this section shall be subject to approval by the department prior to implementation.

(c) 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.

(d) 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.

(e) 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 this fee schedule. Additional costs for use of livestock facilities and services during nonbusiness hours are provided in §17.32 of this subchapter (relating to Hours of Operation of Livestock Facilities). Stalls are available on a first-come, first-served basis.

(1) The cost of stalls for all animals is $20 per head for the first 24 hours and $20 per head for each additional 24 hours.

(2) The cost of pens for horses, mules, cattle and calves, except feeder/slaughter cattle, is $5.00 per head for the first 24 hours or fraction thereof, and $8.00 per head for each 24 hours thereafter.

(3) The costs of pens for breeding sheep and goats is $2.00 per head for the first 24 hours or fraction thereof, and $3.50 per head for each 24 hours thereafter.

(4) The cost of pens for breeding hogs is $3.00 per head for the first 24 hours or fraction thereof, and $4.50 per head for each 24 hours thereafter.

(5) The cost of pens for feeder/slaughter sheep and goats is $1.00 per head for the first 24 hours or fraction thereof, and $1.00 per head for each 24 hours thereafter.

(6) The cost of pens for feeder/slaughter hogs is $2.00 per head for the first 24 hours or fraction thereof, and $2.00 for each 24 hours thereafter.

(7) The cost of pens for feeder/slaughter cattle is $3.00 per head for the first 24 hours or fraction thereof, and $3.00 for each 24 hours thereafter.

(8) The cost for poultry is $2.50 per head for the first 24 hours or fraction thereof, and $2.50 for each 24 hours thereafter.

(9) The cost for baby chicks or fertile eggs is $50.00 per load for the first 24 hours or fraction thereof, and $50.00 for each 24 hours thereafter.

(10) The cost of pens for exotic livestock or exotic fowl is $5.00 per head for the first 24 hours or fraction thereof, and $5.00 per head for each 24 hours thereafter.

(f) 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 this fee schedule. Additional costs for use of livestock facilities and services during nonbusiness hours are provided in §17.32 of this subchapter (relating to Hours of Operation of Livestock Facilities). Stalls are available on a first-come, first-served basis.

(1) The cost of stalls is $40 per head for the first 24 hours and $40 per head for each additional 24 hours.

(2) The costs of pens for cattle, horses, and mules is $10.00 per head for the first 24 hours or fraction thereof, and $10.00 for each 24 hours thereafter.

(3) The costs of pens for sheep, goats, and hogs is $5.00 per head for the first 24 hours or fraction thereof, and $5.00 for each 24 hours thereafter.

(4) The cost for poultry is $2.50 per head for the first 24 hours or fraction thereof, and $2.50 for each 24 hours thereafter.

(5) The cost for baby chicks or fertile eggs is $50.00 per load for the first 24 hours or fraction thereof, and $50.00 for each 24 hours thereafter.

(6) The cost of pens for exotic livestock or exotic fowl is $10.00 per head for the first 24 hours or fraction thereof and $10.00 for each 24 hours thereafter.

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

(h) 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.

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

(j) 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.

(k) 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.

(l) Fees are due and payable prior to the removal of the animals from the livestock facilities. Payment must be by electronic check, debit, or credit card. Payment by certified check or money order may be required of any user whose previous payment was declined or returned due to insufficient funds. Users who are in default of payment to the facilities may be denied use of the livestock facilities until such time as all outstanding fees have been paid in full.

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

(n) Reservation Requirement. All livestock shipments must have an approved reservation number, obtained at least 24 hours in advance of shipment arrival at a livestock facility. Livestock will not be unloaded without an approved reservation. Consignors must register in order to obtain a reservation. Registrations and reservations are conducted through the department's website (www.TexasAgriculture.gov).

(o) Bio-Security Requirements. Consignors must contact and discuss any special bio-security requirements with the Director of Livestock Export at least five (5) business days before the expected shipment arrival date. Contact information for the Director of Livestock Export is available on the department's website and available at the livestock facilities.

(p) Safety and Welfare of Animals. Department personnel will process all animals at the livestock facilities in a humane, safe, and efficient manner. If a consignor, or its agent or employee, specifies that a shipment is not to be unloaded at the facility, the department may require the shipment to be unloaded at any time if deemed necessary for the safety and welfare of the livestock. If a consignor, or its agent or employee, fails to promptly comply with department requirements deemed necessary for the safety and welfare of the livestock, the shipment may be expelled from the facility.

(q) The consumption or possession of alcoholic beverages is forbidden at livestock facilities.

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; amended to be effective February 7, 2023, 48 TexReg 506