Part 2. TEXAS ANIMAL HEALTH COMMISSION
Chapter 36. EXOTIC LIVESTOCK AND FOWL
The Texas Animal Health Commission (Commission) proposes amendments to §36.1, concerning Definitions. The purpose of the amendments to §36.1 is to add a definition for livestock to include llamas, alpacas, and exotic livestock and so this proposal is to bring Exotic Livestock and Fowl Chapter into conformity with the changes in the Texas Agriculture Code.
House Bill (HB) 3300 from the 80th Texas Legislative Session amended the definition for livestock as utilized in the Texas Agriculture Code by adding llamas, alpacas, and exotic livestock and thus standardizes the classification of llamas and alpacas in all counties without having any impact on their agricultural valuation for tax purposes.
Llamas and alpacas are raised as domestic livestock. According to the bill analysis for this legislation failure to include them within the current definition of livestock in the Texas Agricultural Code has caused some llama and alpaca owners to have difficulty in obtaining farm/ranch liability insurance and not all Texas counties have an allowance (animal unit) determination for agricultural valuations for llamas and alpacas.
The Commission is adding the definition of livestock to Chapter 36 but it does not alter the classification for meeting Commission testing requirements.
FISCAL NOTE
Ms. Angela Lucas, Deputy Director for Administration and Finance, 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. In response to the requirements for an Economic Impact Statement and Regulatory Analysis this rule will not have an adverse impact on small or micro businesses.
PUBLIC BENEFIT NOTE
Ms. Lucas also has determined that for each year of the first five years the rule is in effect, the public benefit will be that the regulated community has clarity of understanding the change made through HB 3300 does not change the classification for meeting Commission testing requirements for llamas, alpacas, and exotic livestock, if required.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.
TAKINGS ASSESSMENT
The agency has determined that the proposed governmental action will not affect private real property in a manner to constitute a taking of real property. The purpose of the rule is to clarify the affect of legislation on animal disease control requirements. These adopted rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with Title 4 TAC §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in the Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposed amendment may be submitted to Delores Holubec, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "comments@tahc.state.tx.us."
STATUTORY AUTHORITY
The amendment is proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The Commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The Commission is authorized, by §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 §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 authority is found in §161.061.
§36.1.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) - (6) (No change.)
(7) Livestock--Cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, and hogs, unless otherwise defined.
(8) [(7)] Ratite--Exotic fowl
with a flat breastbone and small or nonexistent wings, such as ostriches,
emu, moa, and kiwi.
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, 2008.
TRD-200802695
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 719-0700
The Texas Animal Health Commission (commission) proposes amendments to §51.3 concerning Exceptions and §51.8 concerning Cattle. The purpose of these amendments to Chapter 51 is to provide an individual animal identification requirement for certain animals entering Texas from out of state.
The Commission is amending entry requirements in §51.8, regarding dairy steers, to require that they be identified prior to movement into Texas. We get a large number of dairy steers sent to feedlots in Texas for feeding. The identification requirements are focused on reducing the risk of exposure to tuberculosis for entry into Texas. The commission has recently required that all dairy cattle in Texas be officially identified. These requirements were put in place in order to protect the Texas dairy cattle industry from the risk of exposure to Tuberculosis. This risk and concern is further demonstrated by the fact that several other states have recently identified tuberculosis in dairy herds. In order to protect our dairy industry from the risk of Tuberculosis and to ensure that all classes of dairy breed cattle are identified before entry into Texas, the Commission proposes a specific requirement that dairy breed steers being exported from other states into Texas be officially individually identified. The Commission is also differentiating between beef breed and dairy breed cattle that enter Texas under exceptions in §51.3 to ensure that dairy breed cattle are not authorized to enter under the exemptions.
Also the Commission is clarifying language in the rules in §51.3 and §51.8 to be consistent with terms utilized by USDA in its program standards and rules. USDA no longer recognizes designated pens or quarantined feedlots but has a national standard for approved feedyards. Therefore the Commission is proposing to make modifications to reflect that change. Additionally, USDA is currently utilizing different terms to describe areas within a state that have a different tuberculosis classification from the tuberculosis classification of the state as a whole. These areas within a state that have a different status are called a "zone" and no longer classified as an "area". The rules reflect this change.
FISCAL NOTE
Ms. Angela Lucas, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the rules. In response to the requirements for an Economic Impact Statement and Regulatory Analysis this rule will not have an adverse impact on small businesses because it is enacted to protect Texas cattle from animals from out of state which are shipped to Texas. There will be no effect to small or micro businesses.
PUBLIC BENEFIT NOTE
Ms. Lucas also has determined that for each year of the first five years the rules are in effect, the public benefit will be having all dairy cattle in the state identified.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.
TAKINGS ASSESSMENT
The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are 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 are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposed amendments may be submitted to Delores Holubec, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "comments @tahc.state.tx.us."
STATUTORY AUTHORITY
The amendments are proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The commission is authorized, by §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 §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 authority is found in §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 authority is found in §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 §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 §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. Section 161.101 provides that the commission may require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report the existence of specific diseases among livestock, exotic livestock, bison, domestic fowl, or exotic fowl.
No other statutes, articles, or codes are affected by the amendments.
§51.3.Exceptions.
(a) Exceptions for a certificate of veterinary inspection and entry permit.
(1) Cattle 18 months of age and over delivered directly from the farm of origin to slaughter;
(2) Beef breed cattle [Cattle]
18 months of age and over entering from other than a farm-of-origin
may be moved to slaughter, or to an approved feedyard [to
a designated pen, or to a quarantined feedlot] when accompanied
by a VS 1-27 Form on which each animal is individually identified.
Brucellosis test data shall be written on the VS 1-27 Form which
must include [includes] the test date and results;
(3) Beef breed cattle 18 months of age and over delivered directly to a USDA specifically approved livestock market by the owner or consigned there and accompanied by a waybill;
(4) Beef breed steers, spayed heifers, beef breed cattle under 18 months of age, delivered to slaughter and accompanied by a waybill or to a livestock market by the owner or consigned there and accompanied by a waybill;
(5) Beef breed steers, spayed heifers and beef breed cattle under 18 months of age delivered to a feedlot for feeding for slaughter by the owner or consigned there and accompanied by a waybill;
(6) Swine and poultry delivered to slaughter by the owner or consigned there and accompanied by a waybill;
(7) Baby poultry which have not been fed or watered
if from a national poultry improvement plan (NPIP) or equivalent hatchery,
and accompanied by NPIP Form 9-3 or Animal and Plant Health Inspection
Service (APHIS) Form 17-6, or have an approved "Commuter Poultry Flock
Agreement" on file with the state of origin and the Texas Animal Health
Commission; [and]
(8) Beef breed steers, spayed heifers, and
beef breed cattle under 18 months of age originating in New Mexico
which are accompanied by a New Mexico official certificate of livestock
inspection; and[.]
(9) Feral Swine being shipped directly to slaughter. Feral swine shall be shipped in a sealed vehicle accompanied by a 1-27 permit with the seal number noted on the permit also providing the number of head on the permit.
(b) Exceptions for a certificate of veterinary inspection. Equine may enter Texas when consigned directly to a veterinary hospital or clinic for treatment or for usual veterinary procedures when accompanied by a permit number issued by the Texas Animal Health Commission. Following release by the veterinarian, equidae must be returned immediately to the state of origin by the most direct route. Equine entering Texas for sale at a livestock market, may first be consigned directly to a veterinary hospital or clinic for issuance of the certificate of veterinary inspection, when accompanied by a prior entry permit issued by the Texas Animal Health Commission.
(c) Exceptions for an entry permit.
(1) Swine consigned from out-of-state directly to slaughter or from an out-of-state premise of origin to a Texas livestock market specifically approved under the Code of Federal Regulations, Title 9, Part 71.20;
(2) Swine that originate from an approved Swine Commuter Herd or that originate from a Pseudorabies Stage IV or V state or area and Brucellosis free state or area and are not vaccinated for pseudorabies;
(3) Poultry that originate from an approved Poultry Commuter Flock;
(4) Cattle that originate from an approved Cattle Commuter Herd;
(5) Equine accompanied by a valid equine interstate
passport or equine ID card and a completed VS Form 10-11 showing negative
results to an official EIA test within the previous six months;[
.]
(6) Sheep and goats consigned from out-of-state;and[.]
(7) Exotic fowl from out of state, except ratites.
§51.8.Cattle.
(a) Brucellosis requirements. All cattle must meet the requirements contained in §35.4 of this title (relating to Entry, Movement and Change of Ownership). Cattle, which are parturient, postparturient, or 18 months of age and over (as evidenced by the loss of the first pair of temporary incisor teeth), except steers and spayed heifers, being shipped to a feedyard prior to slaughter shall be officially individually identified with a permanent identification device prior to leaving the state of origin.
(b) Tuberculosis requirements.
(1) All beef cattle, bison and sexually neutered dairy
cattle originating from a federally recognized accredited tuberculosis
free state, or zone [area], as provided by Title
9 of the Code of Federal Regulations, Part 77, Section 77.8, or from
a tuberculosis accredited herd are exempt from tuberculosis testing
requirements.
(2) All beef cattle, bison and sexually neutered dairy
cattle originating from a state or zone [area]
with anything less than a tuberculosis free state status shall be
tested negative for tuberculosis in accordance with the appropriate
status requirements as contained in Title 9 of the Code of Federal
Regulations, Part 77, Sections 77.10 through 77.19, prior to entry
with results of this test recorded on the certificate of veterinary
inspection.
(3) All dairy breed animals, including steers
and spayed heifers, shall be officially identified prior to entry
into the state. All sexually intact dairy cattle, that are two
(2) months of age or older may enter provided that they are officially
identified, and are accompanied by a certificate stating that they
were negative to an official tuberculosis test conducted within 60
days prior to the date of entry. All sexually intact dairy cattle
that are less than two (2) months of age must obtain a entry permit
from the Commission, as provided in §51.2(a) of this title (relating
to General Requirements), to a designated facility where the animals
will be held until they are tested negative at the age of two (2)
months. Animals which originate from a tuberculosis accredited herd,
and/or animals moving directly to an approved slaughtering establishment
are exempt from the test requirement. Dairy cattle delivered to an
approved feedlot for feeding for slaughter by the owner or consigned
there and accompanied by certificate of veterinary inspection with
a entry permit issued by the commission are exempt from testing unless
from a restricted herd. In addition all sexually intact dairy cattle
originating from a state or area with anything less than a tuberculosis
free state status shall be tested negative for tuberculosis in accordance
with the appropriate requirements for states or zones [areas
] with a status as provided by Title 9 of the Code of Federal
Regulations, Part 77, Sections 77.10 through 77.19, for that status,
prior to entry with results of the test recorded on the certificate
of veterinary inspection.
(4) All "M" brand steers, which are recognized as potential rodeo and/or roping stock, being imported into Texas from another state shall be accompanied by a certificate of veterinary inspection which indicates that the animal(s) were tested negative for tuberculosis within twelve months prior to entry into the state.
(5) All other cattle from foreign countries, foreign states, or areas within foreign countries defined by the Commission, with comparable tuberculosis status, would enter by meeting the requirements for a state with similar status as stated in paragraphs (1), (2) and (3) of this subsection.
(6) All sexually intact cattle, from any foreign country or part thereof with no recognized comparable Tuberculosis status.
(A) To be held for purposes other than for immediate
slaughter or feeding for slaughter in an approved feedyard or approved
[a quarantined feedlot or designated] pen,
must be tested at the port of entry into Texas under the supervision
of the port veterinarian, and shall be under quarantine on the first
premise of destination in Texas pending a negative tuberculosis test
no earlier than 120 days and no later than 180 days after arrival.
The test will be performed by a veterinarian employed by the TAHC
or APHIS/VS.
(B) When destined for feeding for slaughter in
an approved feedyard [
a quarantined feedlot or designated pen
], cattle must be tested at the port-of-entry into Texas
under the supervision of the port veterinarian; moved directly to
the approved feedyard [quarantined feedlot or designated
pen] only in sealed trucks; accompanied with a VS 1-27 permit
issued by TAHC or USDA personnel; and "S" branded prior to or upon
arrival at the feedlot.
(7) Cattle originating from Mexico.
(A) All sexually intact cattle shall meet the requirements provided for in paragraph (6) of this subsection.
(B) Steers and spayed heifers from Mexico shall meet
the federal importation requirements as provided in Title 9 of the
Code of Federal Regulations, Part 93, Section 93.427, regarding importation
of cattle from Mexico. In addition to the federal requirements, steers
and spayed heifers must be moved under permit to an approved pasture,
approved feedlot, [quarantined feedlot, designated pen]
or approved pens.
(C) Cattle utilized as rodeo and/or roping stock shall
meet the requirements set out in paragraph (6)(A) of this subsection
and the applicable requirement listed in clause (i) and (ii)
of this subparagraph [below]:
(i) All sexually intact cattle shall be retested annually for tuberculosis at the owner's expense and the test records shall be maintained with the animal and available for review.
(ii) All sexually neutered horned cattle imported from Mexico are recognized as potential rodeo and/or roping stock and must:
(I) be tested for tuberculosis at the port of entry
under the supervision of the USDA port veterinarian
;[, and]
(II) be moved by permit to a premise of destination
and remain under Hold-Order, which restricts movement, until permanently
identified by methods approved by the commission, and retested for
tuberculosis between 60 and 120 days after entry at the owner's expense.
The cattle may be allowed movement to and from events/activities in
which commingling with other cattle will not occur and with specific
permission by the TAHC until confirmation of the negative post entry
retest for tuberculosis can be conducted;[,] and
(III) be retested for tuberculosis annually at the owner's expense and the test records shall be maintained with the animal and available for review.
(D) Regardless of reproductive status, test history, or Mexican State of origin, Holstein and Holstein cross cattle are prohibited from entering Texas.
(E) All cattle moved into Texas from Mexico shall be identified with an "M" brand prior to moving to a destination in Texas.
(F) A copy of the certificate issued by an authorized inspector of the United States Department of Agriculture, Animal and Plant Health Inspection Service, for the movement of Mexico cattle into Texas must accompany such animals to their final destination in Texas, or so long as they are moving through Texas.
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, 2008.
TRD-200802696
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 719-0700
The Texas Animal Health Commission (Commission) proposes the repeal and replacement of §55.9, concerning Feral Swine. The purpose of the repeal and replacement is to propose new requirements for handling and moving feral swine.
House Bill (HB) 2543 from the 80th Texas Legislative Session continues the Texas Animal Health Commission and it contains the Sunset Commission's recommendations regarding feral swine. HB 2543 clarifies the Commission's existing authority to regulate the movement of animals to include movement of feral swine for disease-control purposes. It provides the Commission the authority to adopt rules relating to the movement of feral swine, including disease-testing requirements prior to movement from one location to another. The bill also grants the Commission specific statutory authority to require the registration of feral swine holding facilities for disease-control purposes. Also, the bill gives the Commission clear authority to take enforcement action against individuals who violate statutory provisions or Commission rules or orders related to feral swine. The bill does not authorize the Commission to interfere with any other agency's authority, such as Texas Parks and Wildlife Department's authority to regulate the hunting and trapping of feral swine.
In developing new rules for feral swine holding facilities, a stakeholder group comprised of the various organizations and people involved in the swine industry was convened to discuss issues for implementing the requirements from HB 2543. This group was to serve as a sounding board in the development of these feral swine rules. The group was composed of representatives of Texas Pork Producers, Texas Farm Bureau, Texas Wildlife Association, Texas Veterinary Medical Association, Texas Department of Agriculture, Texas Parks & Wildlife, Texas Tech University, USDA/APHIS, feral swine slaughter plants, a hunter, and holding facility operator. Also the group contained individual participants who represented various segments involved with feral swine. The group was chaired by TAHC Commissioner Chuck Real.
This feral swine stakeholder group met on September 21, 2007, and discussed the issues confronting these requirements. From that group, a set of issues was created for discussion points in the development of rules. The chairman of the group, TAHC Commissioner Chuck Real, then created a smaller working group, comprised of domestic and feral swine participants to discuss those issues and provide feedback to the rules drafted in response to those discussions. Then TAHC staff used the current requirements in §55.9 as a reference point and then discussed different standards as well as the various issue affecting feral swine trapping and slaughter. The smaller work group met on November 1 and discussed a number of issues in order to provide guidance to agency staff in the drafting of the rules. A draft set of rules was developed and circulated for discussion and suggestions for improvement. The resulting final draft of the rules will be considered by the Commission. The rules provide for the following requirements and standards in subsections (a) through (h):
Subsection (a) provides the definitions for terms used in this section.
Subsection (b) provides that the requirements apply to anyone who traps feral swine and moves them alive from the premises or location where they were trapped or otherwise captured. The subsection then indicates that movement is only authorized in accordance with the destinations provided in the rule.
Subsection (c) provides that a Holding Facility can not be approved until after an inspection by Commission personnel determines that the facility meets the specified criteria: Authorization for an approved facility shall be on a form prescribed by the Commission and include specified information. Records are to be generated and maintained by owners and/or operators of approved holding facilities. The Commission may suspend the authorization for an approved holding facility if the owner or operator fails to generate, maintain or provide records on feral swine received/released, fails to maintain swine-proof fences to prevent egress or ingress of feral swine, or violates any of the provisions of this chapter or the provisions of Chapter 161 of the Agriculture Code.
Subsection (d) provides that, if feral swine are trapped and moved for release to a hunting preserve, the hunting preserve, shall meet the stated requirements contained in the rules: Only male feral swine can be released to a hunting preserve. This is to allow facilities to harvest trophy boars (male) for release. The rules do not authorize gilts and sows (females) for release because of the higher risk for disease transmission as well as the problems of authorizing breeding gilts and sows that can create a greater nuisance problem. To qualify for release, the boars must be individually identified with a Commission approved form of identification. The Commission realizes that attaching identification to a feral swine, which is to be released for hunting, is not a popular requirement. As a practical matter, some type of identification is necessary to indicate what animals have been released and during movement what animals are being moved to a premises. Currently, the Commission is evaluating various types of identification to determine acceptable methods for this type of animal.
Also, records must be created and maintained by an authorized hunting preserve. Furthermore, there is a "Hunting Lease License" that is issued by the Texas Parks and Wildlife Department (TPWD). There was a lot of discussion on defining the hunting preserve with any terminology used by TPWD. TPWD has statutory authority, in Chapter 43 of the Parks and Wildlife Code to require the registration as a hunting lease if they have a guest for pay or other consideration to engage in hunting. This requirement includes lease arrangements for hunting feral swine. Based on that requirement, the rules are drafted to require that, in order to be recognized as a valid hunting preserve for release of feral swine, they must have a current permit and be in good standing with TPWD.
Also, the premises shall be enclosed by a swine-proof fence and the fence shall be maintained continually to prevent the egress of feral swine under, over, or through the fence. In Chapter 143 of the Texas Agriculture Code, it is indicated that a sufficient fence must keep swine from getting through the fence and that standard was what was used for the rule. Finally, feral swine shall not be fed any garbage.
The authorization for a hunting preserve may be suspended or rescinded if the owner and/or the operator fails to generate, maintain or provide records on feral swine as provided in subsection (c)(3) of this section, sufficient fences are not maintained, or violates any of the provisions of this chapter or the provisions of Chapter 161 of the Agriculture Code. Applications for an Approved Hunting Preserve shall be completed on a form prescribed by the Commission.
Subsection (e) provides that feral swine which are tested for change in status to domestic swine and/or are positive for brucellosis and/or pseudorabies shall be handled in accordance with the requirements for Brucellosis, as contained in Chapter 35, Subchapter B and for pseudorabies as contained in Chapter 55 of this Title.
Subsection (f) provides that formerly free-roaming swine could be qualified for reclassification as domestic swine upon completion of the stated test protocols.
Subsection (g) provides for inspection authority. Under these requirements, our legal authority is restated to clearly indicate that a person employed by the Commission may enter public or private property for the exercise of an authority or performance of a duty under this chapter. Also, a Commission representative shall perform periodic inspections of authorized facilities and locations, and records related thereto, to ensure compliance with the requirements of the act or this chapter.
Subsection (h) provides for administrative, civil or criminal penalties for any violations of these rules. In addition, the agency may revoke or deny renewal of a permit and/or assess administrative penalties against any person for a violation of these rules. In Chapter 161, there are specific statutory provisions that make certain types of violations to be criminal with associated penalties. In §161.150, which is entitled "Failure to Register Feral Swine Holding Facilities; Holding of Feral Swine", provides that "(a) person commits an offense if the person recklessly: (1) maintains a feral swine holding facility that is not registered under §161.0412; or (2) as the owner or person in charge of a holding facility that is not registered under §161.0412, holds or permits another to hold a feral swine in the holding facility." Furthermore, it also provides that for "(e)ach feral swine held or permitted to be held in violation of subsection (a)(2) constitutes a separate offense." In that chapter, there is also another specific statutory section that creates a criminal penalty for violation of these requirements. In §161.1375, which is entitled "Movement of Feral Swine", it provides that "(a) person commits an offense if the person recklessly: (1) moves feral swine in a manner that is not in compliance with rules adopted by the commission under §161.0412 or §161.054; or (2) as the owner or person in charge of a holding facility in which a feral swine is held, permits another to remove feral swine from the holding facility in a manner that is not in compliance with those rules."
FISCAL NOTE
Ms. Angela Lucas, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no additional fiscal implications for state or local government as a result of enforcing or administering the rules. The agency will utilize existing fiscal resources to enforce this program.
An Economic Impact Statement (EIS) is required if the proposed rule has an adverse economic effect on small businesses. The agency has evaluated in correspondence with this requirement and has determined that there is not an adverse impact on this type of business based on the reason provided below. Based on the current number of registered facilities, there are 91. In making an economic assessment of this rule under those requirements, the Commission provides the following factors: (1) The program is specifically authorized by statute; (2) the purpose of the program is to reduce the disease risk for domestic swine; (3) the regulations provide authorized options that reduce the risk of spread as well as mitigate the further proliferation of feral swine; (4) the rules are being establishing to set minimum protective standards and these standards are not onerous or costly to achieve; and (5) by allowing the release of boar feral swine, we are allowing hunting preserves to release trophy boars which are an economic opportunity for the preserves. For these reasons, the Commission has determined that there is not an adverse impact on these facilities and, therefore, there is no need to do an EIS.
PUBLIC BENEFIT NOTE
Ms. Lucas also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be having a program where feral swine can trapped and removed providing a mechanism to deal with a disease threat and a difficult pest.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.
TAKINGS ASSESSMENT
The agency has determined that the proposed governmental action will not affect private real property in a manner to constitute a taking of real property. The purpose of the rule is to provide specific legal option for the trapping, handling and disposal of feral swine so as to minimize the disease threat to the domestic swine industry as well as allow options for the removal and transportation of a nuisance. These proposed rules are 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 are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposed amendments may be submitted to Delores Holubec, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "comments@tahc.state.tx.us."
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Animal Health Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
STATUTORY AUTHORITY
The repeal is proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The Commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The Commission is authorized, by §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 §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 §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 §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 §161.048.
Section 161.061 provides that if the Commission determines that a disease listed in §161.041 of this code or an agent 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 agent of transmission of one of those diseases, the Commission shall establish a quarantine on the affected animals or on the affected place. In §161.041(f) it provides that "(i)n complying with this section, the commission may not infringe on or supersede the authority of any other agency of this state, including the authority of the Parks and Wildlife Department relating to wildlife. If a conflict of authority occurs, the Commission shall assume responsibility for disease control efforts, but work collaboratively with the other agency to enable each agency to effectively carry out its responsibilities.
Section 161.0412, entitled Regulation and Registration of Feral Swine Holding Facilities, provides that "(t)he Commission may, for disease control purposes, require the registration of feral swine holding facilities." Furthermore, that Section also provides that in order "(t)o prevent the spread of disease, the Commission may require a person to register with the commission if the person confines feral swine in a holding facility for slaughter, sale, exhibition, hunting, or any other purpose specified by commission rule." Rules adopted under this section shall include registration requirements, provisions for the issuance, revocation, and renewal of a registration, disease testing, inspections, recordkeeping, construction standards, location limitations, and provisions relating to the treatment of swine in and movement of swine to or from a feral swine holding facility.
Section 161.054, entitled Regulation of Movement of Animals, provides that "(a)s a control measure, the Commission by rule may regulate the movement of animals, including feral swine. The Commission may restrict the intrastate movement of animals, including feral swine, 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." Also, that section provides that "(t)he commission by rule may prohibit or regulate the movement of animals, including feral swine, into a quarantined herd, premise, or area." In §161.054(e), the Commission may regulate the movement of feral swine, by rule, and require disease testing before movement of a feral swine from one location to another, as well as establish the conditions under which feral swine may be transported. Subsection (f) of that section also states that "(t)he commission's authority to regulate the movement of feral swine may not interfere with the authority of the Parks and Wildlife Department to regulate the hunting or trapping of feral swine."
Section 161.150, entitled "Failure to Register Feral Swine Holding Facilities; Holding of Feral Swine", provides that: "(a) person commits an offense if the person recklessly: (1) maintains a feral swine holding facility that is not registered under §161.0412; or (2) as the owner or person in charge of a holding facility that is not registered under Section 161.0412, holds or permits another to hold a feral swine in the holding facility." Furthermore, "(e)ach feral swine held or permitted to be held in violation of subsection (a) (2) constitutes a separate offense."
Section 161.1375, entitled "Movement of Feral Swine", provides that "(a) A person commits an offense if the person recklessly: (1) moves feral swine in a manner that is not in compliance with rules adopted by the commission under §161.0412 or §161.054; or (2) as the owner or person in charge of a holding facility in which a feral swine is held, permits another to remove feral swine from the holding facility in a manner that is not in compliance with those rules."
Chapter 165 of the Texas Agriculture Code entitled "Control of Diseases of Swine" has several sections which also provide statutory authority for these amendments. Section 165.021, entitled "Cooperation with United States Department of Agriculture", provides that the commission may cooperate with USDA in the eradication of swine diseases. Also, §165.022 provides that the Commission may adopt rules for the manner and method of eradicating swine diseases. Under §165.023, the commission is authorized to adopt rules governing the use of biologics. Also, the Texas Agriculture Code, Chapter 143, entitled Fences; Range Restrictions, provides in §143.001 for a sufficient fence around cleared land in cultivation that is at least five feet high and will prevent hogs from passing through.
No other statutes, articles, or codes are affected by the amendments.
§55.9.Feral Swine.
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, 2008.
TRD-200802697
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 719-0700
STATUTORY AUTHORITY
The new section is proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The Commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The Commission is authorized, by §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 §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 §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 §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 §161.048.
Section 161.061 provides that if the Commission determines that a disease listed in §161.041 of this code or an agent 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 agent of transmission of one of those diseases, the Commission shall establish a quarantine on the affected animals or on the affected place. In §161.041(f) it provides that "(i)n complying with this section, the commission may not infringe on or supersede the authority of any other agency of this state, including the authority of the Parks and Wildlife Department relating to wildlife. If a conflict of authority occurs, the Commission shall assume responsibility for disease control efforts, but work collaboratively with the other agency to enable each agency to effectively carry out its responsibilities.
Section 161.0412, entitled Regulation and Registration of Feral Swine Holding Facilities, provides that "(t)he Commission may, for disease control purposes, require the registration of feral swine holding facilities." Furthermore, that section also provides that in order "(t)o prevent the spread of disease, the Commission may require a person to register with the commission if the person confines feral swine in a holding facility for slaughter, sale, exhibition, hunting, or any other purpose specified by commission rule." Rules adopted under this section shall include registration requirements, provisions for the issuance, revocation, and renewal of a registration, disease testing, inspections, recordkeeping, construction standards, location limitations, and provisions relating to the treatment of swine in and movement of swine to or from a feral swine holding facility.
Section 161.054, entitled Regulation of Movement of Animals, provides that "(a)s a control measure, the Commission by rule may regulate the movement of animals, including feral swine. The Commission may restrict the intrastate movement of animals, including feral swine, 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." Also, that section provides that "(t)he commission by rule may prohibit or regulate the movement of animals, including feral swine, into a quarantined herd, premise, or area." In §161.054(e), the Commission may regulate the movement of feral swine, by rule, and require disease testing before movement of a feral swine from one location to another, as well as establish the conditions under which feral swine may be transported. Subsection (f) of that section also states that "(t)he commission's authority to regulate the movement of feral swine may not interfere with the authority of the Parks and Wildlife Department to regulate the hunting or trapping of feral swine."
Section 161.150, entitled "Failure to Register Feral Swine Holding Facilities; Holding of Feral Swine", provides that: "(a) person commits an offense if the person recklessly: (1) maintains a feral swine holding facility that is not registered under §161.0412; or (2) as the owner or person in charge of a holding facility that is not registered under Section 161.0412, holds or permits another to hold a feral swine in the holding facility." Furthermore, "(e)ach feral swine held or permitted to be held in violation of subsection (a) (2) constitutes a separate offense."
Section 161.1375, entitled "Movement of Feral Swine", provides that "(a) A person commits an offense if the person recklessly:(1) moves feral swine in a manner that is not in compliance with rules adopted by the commission under §161.0412 or §161.054; or(2) as the owner or person in charge of a holding facility in which a feral swine is held, permits another to remove feral swine from the holding facility in a manner that is not in compliance with those rules."
Chapter 165 of the Texas Agriculture Code entitled "Control of Diseases of Swine" has several sections which also provide statutory authority for these amendments. Section 165.021, entitled "Cooperation with United States Department of Agriculture", provides that the commission may cooperate with USDA in the eradication of swine diseases. Also, §165.022 provides that the Commission may adopt rules for the manner and method of eradicating swine diseases. Under §165.023, the commission is authorized to adopt rules governing the use of biologics. Also, the Texas Agriculture Code, Chapter 143, entitled Fences; Range Restrictions, provides in §143.001 for a sufficient fence around cleared land in cultivation that is at least five feet high and will prevent hogs from passing through.
No other statutes, articles, or codes are affected by the amendments.
§55.9.Feral Swine.
(a) Definitions
(1) "Approved holding facility"--A pen or pens approved by the Commission to temporarily hold feral swine pending movement to a recognized slaughter facility or an authorized hunting preserve.
(2) "Authorization"--is the written and signed documents required of this chapter to show compliance with the requirements of the chapter.
(3) "Authorized Hunting Preserve"-- means land where feral swine are authorized to be released for the purpose of hunting.
(4) "Domestic Swine"--Swine (Sus scrofa) other than feral swine.
(5) "Feral swine"--Swine that have lived all (wild) or any part (feral) of their lives free-roaming.
(6) "Free-Roaming"--means not confined by man to pens, houses or other facilities designed to hold swine and prevent their escape.
(7) "Recognized slaughter facility"--a slaughter facility operated under the state or federal meat inspection laws and regulations.
(8) "Swine-Proof Fence"-- means a fence constructed to sufficient construction standards; with materials of hog-proof net, woven or welded wire and wood, metal or other approved posts; be at least five feet in height from the ground to the top of the top wire; and, be maintained to prevent egress of feral swine over, through or under the fence.
(b) Required Authorization for Movement of Feral Swine: These requirements apply to anyone who traps feral swine and moves them from the premises or location where they were trapped or otherwise captured and moved alive. Movement is only authorized in accordance with the requirements provided below.
(1) The feral swine are moved directly from the premises where they were trapped to recognized slaughter facility;
(2) The feral swine are moved directly from the premises where they were trapped to an approved holding facility;
(3) The feral swine are moved directly from the premises where they were trapped to an authorized hunting preserve;
(4) The feral swine are moved from an approved holding facility to a recognized slaughter facility;
(5) The feral swine are moved from an approved holding facility to an authorized hunting preserve; or
(6) Feral swine that have been trapped and are being held for transportation to an authorized location may be held in an escape-proof cage on the vehicle or trailer that transported them from their original premise, or held within the transport trailer itself for up to seven (7) days.
(c) Approved Holding Facility:
(1) Written approval for a feral swine holding facility may be given after an initial inspection by Commission personnel determines that the facility meets the following criteria:
(A) The facility is double fenced with swine-proof fence to prevent any feral swine from escaping and continually maintained by the owner and/or operator to prevent escape of the feral swine. The two fences shall be at least four feet apart with no animals allowed in the space between the fences. Variance from this construction standard may be requested by the owner or the operator and may be approved by the agency Executive Director upon the recommendation of the Area Director, where facility is located, if a different construction standard supports that there is no risk of feral swine escaping;
(B) The facility shall not be located within two hundred yards of any domestic swine pens;
(C) Only feral swine may be placed in the facility;
(D) Records shall be maintained by the registrant as provided in paragraph (3) of this subsection and the facility must provide them when requested or inspected;
(E) Feral swine shall not be intentionally commingled with domestic or exotic swine;
(F) Feral swine shall not be fed any garbage or waste as it is defined in Chapter 165 of the Texas Agriculture Code;
(G) Dead animals shall be removed from the registered location premises promptly and disposed of in accordance with any applicable requirement or applicable ordinances or at the direction of Commission personnel,
(H) Feral swine shall only be moved from the facility directly to an approved slaughter facility or to an authorized hunting preserve.
(2) Application for Approved Holding Facility: Authorization for an approved holding facility shall be on a form prescribed by the Commission and include at least the following information:
(A) Name, address and telephone number of applicant;
(B) Facility name, physical location, county, directions to facility and telephone number;
(C) Diagram of the surrounding areas and the pens;
(D) Pictures of the pens;
(E) Signature of the owner/manager;
(F) The authorization is valid for two years from the date of issuance and shall expire on the two year anniversary date of the date of issuance unless re-authorized, and,
(G) Re-authorization of the approved holding facility shall be completed within 30 to 60 days prior to the expiration date.
(3) Record Keeping:
(A) Records to be generated and maintained by owners and/or operators of approved holding facilities and authorized hunting preserves shall include the following:
(i) The number of swine placed in and removed from the facility and/or preserve;
(ii) The approximate weight, size, color, sex and any applied identification for each feral swine;
(iii) Dates they were placed and/or removed from the facility;
(iv) The physical location where they were trapped,
(v) The physical location that they were moved to, including any unique identification number; and,
(B) The records shall be provided to an authorized agent of the Commission upon request. Records shall be kept and maintained for not less than five years from the date the record was generated.
(4) Suspension/Revocation: The agency may suspend the authorization for an approved holding facility if the owner or operator fails to generate, maintain or provide records on feral swine as provided in paragraph (3) of this subsection, fails to maintain swine-proof fences to prevent egress or ingress of feral swine, or violates any of the provisions of this chapter or the provisions of Chapter 161 of the Agriculture Code. The suspension will remain in effect until the deficiencies that were the cause of the suspension are corrected and any penalties assessed as result of the suspension are satisfied and a written suspension release is provided by the agency. The authorization for a holding facility may be revoked for blatant or repetitive violation(s) of the feral swine law or rules or for repeated failure to meet the requirements contained in this chapter.
(d) Authorized Hunting Preserve:
(1) If feral swine are to be trapped and moved for release to a hunting preserve, the hunting preserve shall meet the following requirements:
(A) Only male feral swine (i.e. boars and/or barrows) may be trapped, moved and released to a hunting preserve;
(B) Any swine released must be individually identified with a Commission approved form of identification prior to release;
(C) Records shall be generated and maintained as provided in subsection (c)(3) of this section;
(D) Shall have a "Hunting Lease License" with the Texas Parks and Wildlife Department and the license must be current and in good standing with that agency, as provided for in Chapter 43 of the Texas Parks and Wildlife Code;
(E) Shall be enclosed by a swine-proof fence and the fence shall be maintained continually to prevent the egress of feral swine under, over or through the fence;
(F) Feral swine shall not be fed any garbage as "garbage" is defined in Chapter 165 of the Texas Agriculture Code; and,
(G) The authorization for a hunting preserve may be suspended or rescinded if owner and/or the operator fails to generate, maintain or provide records on feral swine as provided in subsection (c)(3) of this section, sufficient fences are not maintained, or violates any of the provisions of this chapter or the provisions of Chapter 161 of the Agriculture Code. The suspension will remain in effect until the deficiencies that were the cause of the suspension were corrected and any penalties assessed as result of the suspension are satisfied. The preserve will be notified in writing when the suspension has been lifted. The authorization for a hunting preserve may be rescinded for blatant or repetitive violation(s) of the feral swine law or rules or for repeated failure to meet the requirements contained in this chapter.
(2) Application for Authorized Hunting Preserve:
(A) Applications shall be completed on a form prescribed by the Commission, providing at least the following information:
(i) Name, address and telephone number of applicant;
(ii) Physical location and county, directions to facility and telephone number;
(iii) A current copy of the Hunting Lease License issued by Texas Parks and Wildlife Department; and,
(iv) Signature of the owner/manager that states that facility fences meet the requirements for swine-proof fences as contained in subsection (a) of this section.
(B) The authorization is valid for two years from the date of issuance. The authorization shall expire on the two year anniversary date of the date of issuance unless re-authorized. Re-authorization of the hunting preserve shall be completed within 30 to 60 days prior to the expiration date.
(C) The facility is inspected periodically by agency personnel and continually meets the requirements of this chapter.
(e) Change in Classification of Feral Swine: Free-roaming swine may be qualified for reclassification as domestic swine upon completion of the following test protocol:
(1) Three consecutive tests for brucellosis and pseudorabies, with negative results, shall be conducted on all swine in the herd unit in order to qualify for reclassification. The first test must be at least 30 days after any reactors have been removed and slaughtered and the second test must be 60 to 90 days after the first test. A third test is required 60 to 90 days following the second negative results; and,
(2) In addition to the requirements in paragraph (1) of this subsection, any sexually intact female swine must also undergo a brucellosis and pseudorabies test, with negative results, a not less than 30 days after their initial farrowing.
(f) Testing: Feral swine which are positive for brucellosis and/or pseudorabies shall be handled in accordance with the requirements for brucellosis, as contained in Chapter 35, Subchapter B of this title (relating to Eradication of Brucellosis in Swine) and for pseudorabies as contained in Chapter 55 of this title (relating to Swine).
(g) Inspection Authority:
(1) A person employed by the Commission may enter public or private property for the exercise of an authority or performance of a duty under this chapter.
(2) A Commission representative shall perform periodic inspections of authorized facilities and locations, and records related thereto, to ensure compliance with the requirements of the act or this chapter.
(h) Violations and Penalties: In addition to any other violations that may arise under the act or this chapter:
(1) It is a violation for any person to falsify an application.
(2) Any violation of these rules is subject to the appropriate administrative, civil or criminal penalties. In addition, the agency may revoke or deny renewal of a permit and/or assess administrative penalties against any person for a violation of these rules.
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, 2008.
TRD-200802698
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 719-0700
Chapter 81. CERTIFICATION PROCEDURES
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Department of Agriculture or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Agriculture (the department), on behalf of the State Seed and Plant Board, proposes the repeal of Title 4, Part 5, §81.1, concerning Certification Procedures. The repeal is proposed to eliminate an unnecessary section. The section is outdated, subsection (a) is now in law and seed inspectors are no longer required to be approved for employment by the State Seed and Plant Board.
David Kostroun, assistant commissioner for regulatory programs, has determined that for the first five years the repeal of §81.1 is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal.
Mr. Kostroun also has determined that for each year of the first five years the repeal of §81.1 is in effect the public benefit anticipated as a result of enforcing the sections will be having updated rules relating to the department's seed certification procedures. There will be no economic cost for micro-businesses, small businesses or individuals who are required to comply with the amended and repealed sections, as proposed.
Comments on the proposal may be submitted to David Kostroun, Assistant Commissioner for Regulatory Programs, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.
The repeal of §81.1 is proposed under the Texas Agriculture Code, §62.008, which provides that the department is the certifying agency in Texas for the certification of seed and plants; and the Texas Agriculture Code §12.016, which provides the department with the authority to adopt rules for administration of its duties under the code.
The Texas Agriculture Code, Chapter 62, is affected by the proposal.
§81.1.Certification of Seed in Texas.
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 23, 2008.
TRD-200802730
Dolores Alvarado Hibbs
General Counsel, Texas Department of Agriculture
State Seed and Plant Board
Earliest possible date of adoption: July 6, 2008
For further information, please call: (512) 463-4075