Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 43.
TUBERCULOSIS
Subchapter A. CATTLE
4 TAC §43.1
The Texas Animal Health Commission (commission) proposes
an amendment to Chapter 43, §43.1, concerning Tuberculosis. Section 43.1
provides for indemnity paid on cattle exposed or infected with tuberculosis.
The commission has the authority to pay an indemnity to the owner of livestock
exposed to or infected with a disease if the commission considers it necessary
to eradicate the disease and to dispose of the exposed or diseased livestock.
The proposed amendment will increase the amount of indemnity currently paid
by the commission for dairy cattle exposed or infected with tuberculosis which
more closely approximates the fair market value or appraisal value for a dairy
cow that has tuberculosis or is exposed to tuberculosis. The reason for this
change is to allow the commission to act quickly in response to a disease
outbreak by providing a fair and adequate indemnity. The proposed rule provides
for eligibility for compensation, amounts of compensation, and limits and
restrictions on compensation. Also, in order to insure that the commission's
share of the indemnity is able to approximate the fair market value, the commission
is proposing $1,000.00. The current rule provides that the indemnity will
not exceed the federal share of the indemnity. That limitation was reflected
in a specific statutory provision for tuberculosis which was repealed last
legislative session when the commission got the broader indemnity authority
found in §161.058 of the Agriculture Code. The Commission is also adding
language to the indemnity provision for herd depopulation agreements, found
at subsection (o)(1)(B). This is to insure that it is for animals that tested
negative, but were exposed to other animals in the herd which were positive.
Also, the commission is deleting the current date contained in the rule because
it is no longer applicable.
Mrs. Angela Lucas, Director of Financial Services, Texas Animal Health
Commission, has determined for the first five-year period the rule is in effect,
there will be no additional fiscal implications for state or local government
as a result of enforcing or administering the rule. The agency currently processes
indemnity requests for specific diseases. There is currently a limited number
of facilities with tuberculosis and as such the proposed indemnification regulation
is not expected to cause us to exceed funds budgeted for the biennium.
Mrs. Lucas also has determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be clear and concise regulations. The commission has experienced
some difficulty in locating and disposing to slaughter, high risk animals.
The number of high risk animals has been very small to date. The commission
believes by indemnifying producers for these animals we will improve detection
and disposal of high risk animals. It will also help insure that Texas does
not have an outbreak of a disease which could have a negative impact on the
livestock industry in Texas.
In accordance with Government Code, §2001.022, this agency has determined
that the proposed rule will not impact local economies and, therefore, did
not file a request for a local employment impact statement with the Texas
Workforce Commission.
The agency has determined that the proposed governmental action will not
affect private real property. The proposed rule is an activity related to
the handling of animals, including requirements concerning testing, movement,
inspection, identification, reporting of disease, and treatment, in accordance
with 4 TAC §59.7, and is, therefore, compliant with the Private Real
Property Preservation Act in Government Code, Chapter 2007.
Comments regarding the proposed amendment may be submitted to Edith Smith,
Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas, 78758.
The amendment is proposed under the Texas Agriculture Code, Chapter
161, §161.058 which authorizes the commission to adopt rules related
to indemnity for exposed or diseased livestock. Also, §161.041(a) and
(b), as well as §161.046 authorizes the Commission to promulgate rules
in accordance with the Texas Agriculture Code.
No other statutes, articles, or codes are affected by the amendment.
§43.1.Cattle (All Dairy and Beef Animals, genus Bos), and Bison (genus Bison).
(a)-(n)
(No change.)
(o)
Indemnification to cattle owners. After said reactors are
slaughtered, the owner shall submit to the Texas Animal Health Commission
a written statement made by said establishment showing the amount of salvage
paid for each animal.
(1)
Cattle that are slaughtered [
(A)
$1,000
[
(B)
(No change.)
[(2)
The Commission may not pay
indemnity that exceeds the amount paid by USDA for the same animal.]
(2)
[
(3)
[
(p)-(t)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 22, 2000.
TRD-200003591
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: July 2, 2000
For further information, please call: (512) 719-0714
after September 1, 1995,
] in compliance with the tuberculosis program or as a result of a response
on an official test can be indemnified as follows. Subject to the availability
of funds, the Commission will pay the owner the unreimbursed amount determined
by deducting the salvage value and the federal indemnity from the appraised
value not to exceed:
$250
] for each animal classified
as a suspect or a reactor;
(3)
] All animals in the herd
must be tested for indemnity to be paid.
(4)
] All provisions of the
law and the regulations of the Commission must be complied with for indemnity
to be paid.
Chapter 59.
GENERAL PRACTICE AND PROCEDURES