4 TAC §35.4
The Texas Animal Health Commission adopts amendments to Chapter
35 entitled, "Brucellosis." Specifically, the adoption amends §35.4,
related to Entry, Movement and Change of Ownership. The purpose of this adoption
is to remove an entry requirement for rodeo bulls coming to Texas in order
to conform the state requirement to the federal standard recently adopted
by the United States Department of Agriculture. The amendment to §35.4
is adopted without changes to the proposed text as published in the December
27, 2002, issue of the
Texas Register
(27
TexReg 12125) and will not be republished.
On November 22, 2002, the United States Department of Agriculture (USDA),
Animal and Plant Health Inspection Service (APHIS) adopted a final rule (Docket
01-095-2) that eliminated the annual brucellosis testing requirement for rodeo
bulls moving interstate between Brucellosis Free States. The commission has
a requirement in §35.4 (b) (2) (C) that rodeo bulls coming to Texas need
a brucellosis test. In order to conform the state requirement to the federal
standard, the commission is proposing to remove that requirement. The commission
would note that bulls from states not classified as Brucellosis Free (i.e.,
Missouri) would fall under the general requirement of needing to be tested.
No comments were received regarding adoption of the rule.
The amendment is adopted under the following statutory authority
as found in Chapter 161 of the Texas Agriculture Code. The commission is vested
by statute, Section 161.041 (a), with the requirement to protect all livestock,
domestic animals, and domestic fowl from disease. The commission is authorized,
by Section 161.041 (b), to act to eradicate or control any disease or agent
of transmission for any disease that affects livestock. If the commission
determines that a disease listed in Section 161.041 of this code or an agent
of transmission of one of those diseases exists in a place in this state among
livestock, or that livestock are exposed to one of those diseases or an agent
of transmission of one of those diseases, the commission shall establish a
quarantine on the affected animals or on the affected place. That is found
in Section 161.061.
As a control measure, the commission by rule may regulate the movement
of animals. The commission may restrict the intrastate movement of animals
even though the movement of the animals is unrestricted in interstate or international
commerce. The commission may require testing, vaccination, or another epidemiologically
sound procedure before or after animals are moved. That is found in Section
161.054. An agent of the commission is entitled to stop and inspect a shipment
of animals or animal products being transported in this state in order to
determine if the shipment originated from a quarantined area or herd; or determine
if the shipment presents a danger to the public health or livestock industry
through insect infestation or through a communicable or noncommunicable disease.
That authority is found in Section 161.048.
Section 161.005 provides that the commission may authorize the executive
director or another employee to sign written instruments on behalf of the
commission. A written instrument, including a quarantine or written notice
signed under that authority, has the same force and effect as if signed by
the entire commission.
Section 161.061 provides that if the commission determines that a disease
listed in Section 161.041 of this code or an agency of transmission of one
of those diseases exists in a place in this state or among livestock, exotic
livestock, domestic animals, domestic fowl, or exotic fowl, or that a place
in this state where livestock, exotic livestock, domestic animals, domestic
fowl, or exotic fowl are exposed to one of those diseases or an agency of
transmission of one of those diseases, the commission shall establish a quarantine
on the affected animals or on the affected place.
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 March 20, 2003.
TRD-200301837
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: April 9, 2003
Proposal publication date: December 27, 2002
For further information, please call: (512) 719-0714