PART 1. DEPARTMENT OF STATE HEALTH SERVICES
SUBCHAPTER B. CARE OF ANIMALS BY CIRCUSES, CARNIVALS, AND ZOOS
The Executive Commissioner of the Health and Human Services Commission (commission), on behalf of the Department of State Health Services (department), adopts amendments to §§169.41 - 169.48, concerning the care of animals by circuses, carnivals, and zoos. The amendments are adopted without changes to the proposed text as published in the March 7, 2008, issue of the Texas Register (33 TexReg 1988) and, therefore, will not be republished.
BACKGROUND AND PURPOSE
These rules are necessary to comply with Occupations Code, Chapter 2152, (formerly Health and Safety Code, Chapter 824), "Regulation of Circuses, Carnivals, and Zoos," §2152.051.
Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 169.41 - 169.48 have been reviewed and the department has determined that reasons for adopting the sections continue to exist because rules on this subject are mandated.
SECTION-BY-SECTION SUMMARY
The amendments to §§169.41 - 169.48 modify the language to make it more concise, update the definitions, add a statutory citation, revise the legacy agency names and department areas, and replace "director" with "manager" for the Zoonosis Control Branch.
The amendments to the sections update and clarify language to enable those subject to the sections to more readily comply. The amendments promote humane conditions for these animals and promote public health and safety.
COMMENTS
The department, on behalf of the commission, did not receive any comments regarding the proposed rules during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the rules, as adopted, have been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The amendments are authorized by Occupations Code, Chapter 2152, "Regulation of Circuses, Carnivals, and Zoos," §2152.051, which requires the adoption of rules to administer the chapter; and Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department. Review of the rules implements Government Code, §2001.039.
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 June 13, 2008.
TRD-200803066
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: July 3, 2008
Proposal publication date: March 7, 2008
For further information, please call: (512) 458-7111 x6972