Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 41.
FEVER TICKS
4 TAC §41.1, §41.2
The Texas Animal Health Commission (commission) adopts amendments
to Chapter 41, §41.1 and §41.2, concerning Fever Ticks without changes
to the proposed text as published in the April 14, 2000, issue of the
Section 41.1 provides definitions for terms contained in the sections as
well as procedures for designation of areas and premises as well as tick eradication
requirements. Section 41.2 establishes the tick quarantine zone county by
county.
The commission is changing the boundaries of the quarantine zone. The reason
for the change is to establish new boundaries in order to have the line follow
natural or man-made barriers which impede the fever tick from re-establishing
its presence outside the boundary line. Also, the boundary is being re-established
in part to take in certain premises which have had problems with fever ticks
in recent years as well as to exclude certain areas where the Fever Tick infestations
have not been occurring.
Also, the agency adopts a number of adjustments to the rules which were
presented to the Commission during the rule review process mandated by the
75th Texas Legislature, 1997. These adjustments are putting certain rules
and definitions into a structured format which more clearly indicates the
requirements. These adjustments are non-substantive and merely reorganize
how the requirements are presented in the rules. Also, the adoption clarifies
instances when a premise is identified for control purposes.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Agriculture Code,
Chapter 167, §167.003, which provides for general powers and duties of
the commission to eradicate fever ticks. Section 167.004 authorizes the commission
by rule to define what animals can be classified as exposed to ticks. Section
167.006 authorizes the commission to designate for tick eradication any county
or part of a county that the Commission believes contains ticks. Section 167.007
authorizes the Commission to conduct tick eradication in the free area.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 22, 2000.
TRD-200003585
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: June 11, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 719-0714
The Texas Animal Health Commission (commission) adopts amendments
to Chapter 43, Subchapters A and B, §43.2 and §43.12, concerning
the Eradication of Tuberculosis, without changes to the proposed text as published
in the April 14, 2000, issue of the
Texas Register
(25 TexReg 3136) and will not be republished.
Section 43.2, provides interstate movement requirements for cattle. Section
43.12 concerns entry requirements for goats into Texas.
The rule is being adopted to address the tuberculosis conditions that have
been verified in the state of Michigan. Currently, the commission has specific
entry requirements for cattle and goats coming from a specific quarantine
area in Michigan, as designated in the current rules. However, tuberculosis
has been discovered in animals outside of the quarantine zone and the commission
has determined that it is appropriate to establish a special entry requirement
for cattle and goats coming from all other areas in Michigan. The requirement
will reduce the risk of allowing a potentially infected animal from moving
from Michigan to Texas.
No comments were received regarding adoption of the amendments.
Subchapter A. CATTLE
4 TAC §43.2
The amendment is adopted under the Texas Agriculture Code,
Chapter 161, §161.041 (a) and (b), and §161.046 which authorizes
the Commission to promulgate rules in accordance with the Texas Agriculture
Code. Also, Section 161.054 authorizes the commission to regulate by rule
the movement of animals. This is further supported by Section 161.081 which
authorizes the commission to regulate the entry of such livestock into Texas
from another state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 22, 2000.
TRD-200003586
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: June 11, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 719-0714
4 TAC §43.12
The amendment is adopted under the Texas Agriculture Code,
Chapter 161, §161.041 (a) and (b), and §161.046 which authorizes
the Commission to promulgate rules in accordance with the Texas Agriculture
Code. Also, §161.054 authorizes the commission to regulate by rule the
movement of animals. This is further supported by §161.081 which authorizes
the commission to regulate the entry of such livestock into Texas from another
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on May 22, 2000.
TRD-200003587
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: June 11, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 719-0714
4 TAC §49.1, §49.3
The Texas Animal Health Commission (commission) adopts amendments
to Chapter 49 §49.1 and §49.3, concerning Equine without changes
to the proposed text as published in the April 14, 2000, issue of the
Section 49.1 provides for identification and handling of infected equine
with Equine Infectious Anemia (EIA). Section 49.3 establishes dealer recordkeeping
requirements.
The adopted changes are made to support House Bill 1732 from the 76th Texas
Legislative Session, 1999 which requires an EIA test for a change of ownership.
The legislation provides an exemption for equine sold for slaughter. The commission
recently promulgated regulations supporting this legislation. To insure that
equine sold through a market with an unknown EIA status are not diverted from
slaughter, the commission is adopting a requirement that a VS Form 1-27 permit
be issued on each animal allowing easier verification of arrival at slaughter.
This requirement is similar to what is already found in the rules for equine
known to be exposed to EIA. The commission is amending current dealer recordkeeping
requirements to insure that equine purchased with an unknown EIA status can
be traced back to the herd of origin if they are determined to be positive
at slaughter.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Agriculture Code,
Chapter 161, §161.041 (a) and (b), and §161.046 which authorize
the Commission to promulgate rules in accordance with the Texas Agriculture
Code. Also, the Commission relies upon §161.049 which provides for dealer
record keeping requirements. House Bill 1732 from the 76th Texas Legislative
Session, 1999 provides that the owner of an equine must comply with the legislation
for a change of ownership. House Bill 1732 is codified in the Texas Agriculture
Code, Chapter 161, as §161.149.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 22, 2000.
TRD-200003588
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: June 11, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 719-0714
4 TAC §51.1, §51.2
The Texas Animal Health Commission adopts amendments to Chapter
51, §51.1 and §51.2, concerning Interstate Shows and Fairs, without
changes to the proposed text as published in the April 14, 2000, issue of
the
Texas Register
(25 TexReg 3140) and will
not be republished.
Section 51.1 provides definitions for terms contained in the sections.
The adopted amendment to this section adds a definition for sponsor. Section
51.2 concerns general requirements and provides entry requirements for livestock
into shows and fairs. The adopted amendment to this section is to require
that an event sponsor check equine health papers prior to entry of an event
or to get commission approval of an alternate procedure. This amendment is
to §51.2(d).
The regulations are amended to put in place a requirement that the sponsor
of such an event will check equine participants papers to insure that these
equine have had a negative Equine Infectious Anemia (EIA) test within the
last twelve months. This is a current requirement of commission regulations.
This is also supported by a statutory penalty, found at §161.136 of the
Texas Agriculture Code, which states that it is an offense for a sponsor of
an event to permit entry to such an event without having the proper health
certificate. However, commission inspections of such events find that it is
commonplace for an event to not check for such papers prior to entry creating
an increased potential that an EIA positive equine can enter such an event.
This in turn would expose and possibly infect a large number of equine that
are participating in the event.
Commuter Flock agreements are added to this chapter in order to reflect
adopted rule changes in Chapter 57, entitled "Poultry." There is also a proposed
repeal of the poultry exemption in order for this chapter to conform to requirements
contained in Chapter 57.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Agriculture Code,
Chapter 161, §161.041(a) and (b). Under that authority the commission
shall protect all livestock, domestic animals, and domestic fowl from Equine
Infectious Anemia and the commission may adopt any rules necessary to carry
out the purposes of this subsection, including rules concerning testing, movement,
inspection, and treatment. Under §161.043 the commission may regulate
the entry of livestock, domestic animals, and domestic fowl into exhibitions,
shows, and fairs and may require treatment or certification of those animals
as reasonably necessary to protect against communicable diseases. Section
161.136 (b) provides that [a] person commits an offense if the person in charge
of the exhibition, show, or fair, permits an equine to enter without the necessary
health papers. Section 161.046 authorizes the Commission to promulgate rules
in accordance with the Texas Agriculture Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 22, 2000.
TRD-200003589
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: June 11, 2000
Proposal publication date: April 14, 2000
For further information, please call: (512) 719-0714
Chapter 43.
TUBERCULOSIS
Subchapter B. GOATS
Chapter 49.
EQUINE
Chapter 51.
INTERSTATE SHOWS AND FAIRS
Chapter 57.
POULTRY