TITLE health-services

Part I. Texas Department of Health

Chapter 169. Zoonosis Control

Rabies Control and Eradication

25 TAC §§169.21-169.24, §§169.26-169.31, 169.33-169.34

The Texas Department of Health (department) proposes amendments to §§169.21-169.24, §§169.26-169.31, and §§169.33-169.34, concerning the control of rabies. Specifically, the sections cover definitions, preexposure rabies immunization, specifications and requirements for quarantine facilities, quarantine methods, rabies testing, vaccination requirements, disposition of animals exposed to rabies, movement of dogs and cats into Texas, submission of rabies specimens to a laboratory, and statewide rabies quarantine.

The amendments define assistance and therapy dogs, add requirements for humane and sanitary conditions of animal quarantine and shelter facilities, clarify time requirements for rabies quarantine and vaccination, specify requirements for quarantine facilities to prevent rabies transmission, remove requirements for isolation of dogs and cats that enter Texas, define sections of the brain that must be submitted for rabies testing, and remove dogs, cats, and wolf-dog hybrids from the statewide rabies quarantine.

James H. Wright, D.V.M., M.P.V.M., Director, Zoonosis Control Division, has determined that for each year of the first five-year period the sections are in effect, there will be a positive fiscal implication as a result of amending the sections proposed. The effect on state government would be an estimated savings of approximately $10,076.63 per year as a result of modifying the statewide quarantine because the clarification provided in the amendments would reduce time and resources spent on consultations and eliminate the distribution process of raccoon rabies vaccine from the department to rehabilitators. The effect on local government would be an anticipated savings of $2,697.44 per year for animal control agencies by allowing rehabilitators to transport raccoons instead of requiring transportation by animal control officers; the savings to animal control agencies due to allowing pest control operators to transport raccoons cannot be calculated because there is no mechanism of reporting in place to determine how many agencies have been transporting raccoons because of nuisance complaints. There may be an approximate cost of $100 for fans required for cooling and ventilation in animal control agencies when the ambient temperature exceeds 85 degrees Fahrenheit; however, this additional cost would be incurred by very few agencies, as they are already mandated to adequately cool and/or ventilate facilities to provide for the health and comfort of the animals at all times.

James H. Wright also has determined that for each year of the first five years that the sections will be in effect, the public health benefit as a result of enforcing or administrating the sections would be an anticipated decrease in human exposures to rabies for residents finding these animals by allowing trained rehabilitators and pest control operators limited authority to transport raccoons and an increase in support to persons using assistance and therapy dogs by not requiring those animals that are currently vaccinated to be placed in a quarantine facility after a bite incident. There will be no costs to small businesses and no effect on local employment; however, the amendments may result in increased business and employment for pest control operators. There is no estimated economic cost to persons who may be required to comply with the sections as proposed.

Written comments may be submitted to James H. Wright, D.V.M., M.P.V.M., Director, Zoonosis Control Division, 1100 West 49th Street, Austin, Texas, 78756. Comments will be accepted for 30 days following publication of this proposal in the Texas Register .

The amendments are proposed under the Texas Health and Safety Code, Chapter 826, "Rabies," §826.011 which provides the Texas Board of Health (board) with the authority to administer the rabies control program and adopt rules necessary to effectively administer this program; and §12.001, which provides the board with the authority to adopt rules for the performance of every duty imposed by law on the board, the department, and the commissioner of health.

These amendments affect Texas Health and Safety Code, Chapter 826.

§169.21. Purpose.

The purpose of these sections is to protect the public health by establishing uniform rules for the control and eradication of rabies in the State of Texas , in accordance with Chapter 826 of the Texas Health and Safety Code .

§169.22. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

Animal shelter

- A facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals.

Assistance dog

- A dog that is specially trained or equipped to help a person with a physical challenge and that:

(A)

is used by a person with a physical challenge who has satisfactorily completed a specific course of training in the use of the dog; and

(B)

has been trained by an organization generally recognized by agencies involved in the rehabilitation of persons with a physical challenge as reputable and competent to provide dogs with training of this type.

Cat

- Any Felis catus .

Currently vaccinated

- Vaccinated and satisfying the following criteria.

(A)

The animal must have been vaccinated against rabies [ at three months of age or earlier ] as prescribed by the United States Department of Agriculture (USDA).

(B)-(C)

(No change.)

[ Guide dog

- Domestic dog that is in service to a legally blind person. ]

Impoundment

- The collecting and confining of an animal because of a state or local ordinance.

Observation period

- The time following a bite incident during which the biting animal's health status must be monitored. The observation period for domestic dogs , [ and ] cats , and domestic ferrets (only) is 10 days (240 hours) ; the observation period for other animals, not including those defined as high risk or low risk, is 30 days.

Therapy dog

- A dog that helps a person with a diagnosed emotional disorder for whom a letter has been issued by a physician stating that the removal of the animal would be detrimental to the person's emotional health.

§169.23. Information Relating to the Control of Rabies.

The department's [ Texas Department of Health's ] Zoonosis Control Division (ZCD) will assume the responsibility of collecting, analyzing, and preparing monthly and annual summations of rabies activity in the state. These reports will be forwarded to national, state, and municipal agencies as required, and selected statistics will be sent to veterinary medical and animal control organizations throughout the state.

§169.24. Preexposure Rabies Immunization.

Preexposure rabies immunization should [ shall ] be administered to all individuals whose activities place them at a significant risk of exposure to rabies, in accordance with the recommendations of the CDC Immunization Practices Advisory Committee (ACIP).

§169.26. Facilities for the Quarantining or Sheltering of Animals.

(a)

Generally.

(1)-(3)

(No change.)

(4)

Waste disposal. Provision shall be made for the removal and disposal of animal and food wastes, bedding, dead animals, and debris. Disposal facilities shall be so provided and operated as to minimize vermin infestations, odors, and disease hazards. A suitable method shall be provided to rapidly and safely remove water and other liquid waste from housing facilities. Housing facilities should be designed to have animal excreta removed through sanitary sewers or septic systems. All closed drainage systems should be equipped with traps, vents, and acceptable drain covers to exclude rodents and prevent any backup of sewer gas and odors into the facility.

(5)-(6)

(No change.)

(7)

Records. Records shall be kept on each animal processed through the housing facility. At a minimum, the records shall document the animal's description, impoundment date, disposition date, and method of disposition. Records shall be available for inspection by the department.

[ (b)

Facilities - indoor. ]

(8)

[ (1) ] Heating. Adequate shelter shall be provided to protect animals from any form of cold or inclement weather and direct effects of wind, rain, or snow. [ Indoor housing facilities, shall be sufficiently heated when necessary to protect the animals; ] Auxiliary heat shall be provided any time the ambient [ room ] temperature falls [ must not fall ] below 50 degrees Fahrenheit ( 10 [ 7.2 ] degrees Celsius) for more than four consecutive hours when [ at any time ] animals [ dogs or cats ] are present.

(9)

[ (2) ] Cooling and Ventilation. Adequate shelter shall be provided to protect animals from any form of overheating and direct rays of the sun. [ Indoor housing facilities shall be adequately cooled and/or ventilated to provide for the health and comfort of the animals at all times. ] Facilities [ Such facilities ] shall be provided with fresh air either by means of windows, doors, vents, fans, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. Auxiliary ventilation, such as fans or air conditioning, shall be provided when the ambient temperature is 85 degrees Fahrenheit (29.5 degrees Celsius) or higher.

(10)

[ (3) ] Lighting. Housing [ Indoor housing ] facilities shall have ample light of sufficient intensity to permit routine inspection and cleaning [ during the entire work period ]. Primary enclosures shall be situated to protect the animals from excessive [ excess ] illumination.

(11)

[ (4) ] Construction. [ Interior Surfaces. ] Housing facilities must be constructed in such a manner that they will protect the animal and not create a health risk or public nuisance. The [ interior ] building surfaces shall be constructed and maintained so that they are impervious to moisture and may be readily sanitized. Floors shall be made of durable, nonabsorbent material.

[ (5)

Drainage. A suitable method shall be provided to rapidly and eliminate excess water from indoor housing facilities. If drains are used, they shall be properly constructed and kept in good repair to avoid foul odors therefrom. If closed drainage systems are used, they shall be equipped with traps and so installed as to prevent any backup of sewage onto the floor of the room.]

[ (c)

Facilities - outdoor. Outdoor holding facilities shall be of adequate size and construction to handle any animal housed therein. Adequate shelter shall be provided to protect animals from any form of overheating or cold or inclement weather. Outdoor holding facilities must be constructed in such manner that they will protect the animal, be readily sanitized, and will not create a nuisance. A suitable method shall be provided to rapidly eliminate excess water.]

(12)

[ (d) ] Primary enclosures. Primary enclosures shall:

(A)

[ (1) ] be structurally sound and maintained in good repair;

(B)

[ (2) ] provide convenient access to clean food and water;

(C)

[ (3) ] enable the animal to remain dry and clean;

(D)

be constructed and maintained so that they are impervious to moisture and may be readily sanitized;

(E)

[ (4) ] be constructed so as to protect the animal's feet and legs from injury; and

(F)

[ (5) ] provide sufficient space to allow each animal to turn around fully, stand, sit, and lie in a comfortable normal position.

(b)

[ (e) ] Feeding.

(1)

Dogs and cats shall be fed at least once a day except as [ otherwise might be ] directed by a licensed veterinarian. The food shall be free from contamination, wholesome, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition and size of the dog or cat.

(2)

Domestic ferrets shall have 24-hour access to food. The food shall be free from contamination, wholesome, palatable, and of sufficient quality and nutritive value to meet the normal daily requirements for the condition, size, and age of the domestic ferret.

(3)

Food receptacles shall be accessible to all dogs, cats, and domestic ferrets and shall be located so as to minimize contamination by excreta. Food [ Feeding ] pans or bowls shall be durable and kept clean and sanitary. Disposable food receptacles may be used but must be discarded after each feeding or for domestic ferrets, after 24 hours of use. Self feeders may be used for [ the ] feeding [ of ] dry pet foods[ , ] and shall be kept clean and sanitary [ to prevent molding, deterioration, or caking of feed ].

(c)

[ (f) ] Watering. If potable water is not accessible to dogs and cats at all times, it shall be offered to them at least twice daily for periods of not less than one hour, except as directed by a licensed veterinarian. Domestic ferrets shall have potable water accessible at all times, provided in drinking bottles of appropriate size to maintain a fresh supply. Water [ Watering ] receptacles shall be kept clean and sanitary.

(d)

[ (g) ] Sanitation.

(1)

Cleaning of primary enclosures. Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the inhabitants , but not less than daily [ and to reduce disease hazards and odors ].

(2)

Sanitation of primary enclosures. Cages, rooms, and pens shall be maintained in a sanitary condition.

(3)

Building and premises. Building and premises shall be kept clean.

(e)

[ (h) ] Pest Control. A regular program for the control of insects, ectoparasites, and other pests shall be established and maintained.

§169.27. Quarantine Method and Testing.

(a)

When a domestic dog, cat, or domestic ferret which has bitten a human has been identified, the owner or custodian will be required to place the animal in quarantine until the end of the 10-day observation period . Unvaccinated animals should not be vaccinated against rabies during the observation period ; however, animals may be treated for unrelated medical problems diagnosed by a veterinarian . The observation period will begin at the time [ on the day ] of the bite incident. If the animal becomes ill during the observation period, the local rabies control authority must be notified by the person having possession of the animal. The animal must be placed in a licensed [ approved Texas Department of Health (department) ] facility specified by the local rabies control authority and observed at least twice daily. However, [ the owner or custodian of the animal may request permission from ] the local rabies control authority may allow the animal to be placed in a veterinary clinic. As an alternative, the local rabies control authority may allow [ for ] home quarantine if the following criteria can be met.

(1)

A secure [ Secure ] enclosure [ facilities must be available at the home of the animal's owner or custodian, and must be ] approved by the local rabies control authority must be used to prevent escape .

(2)

The animal has been [ is currently ] vaccinated against rabies within the last 12 months. If an unvaccinated animal is not over four months of age at the time of the bite, it may be allowed home quarantine.

(3)

The local rabies control authority or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. [ If the animal becomes ill during the observation period, the local rabies control authority must be notified by the person having possession of the animal. At the end of the observation period, the release from quarantine must be accomplished in writing. ]

(4)

The animal was not a stray (as defined in the Texas Health and Safety Code, §826.002) at the time of the bite.

(b)

A domestic animal which has bitten a human and has been designated by the local rabies control authority as unclaimed may be humanely killed in such a manner that the brain is not mutilated. A [ The ] suitable specimen (head with brain intact or brain ) shall be submitted to a department certified laboratory for rabies diagnosis as specified in subsection (h) of this section .

(c)

If the biting animal is a high risk animal, it shall be humanely killed and a suitable specimen [ the brain ] submitted for rabies testing as specified in subsection (h) of this section .

(d)

If the biting animal is a low risk animal, neither quarantine nor rabies testing [ test ] will be required unless the local rabies control authority has cause to believe the biting animal is rabid, in which case it should be humanely killed and a suitable specimen submitted for rabies testing [ tested for rabies ] as specified in subsection (h) of this section .

(e)

The local rabies control authority may require an animal which has inflicted multiple bite wounds, punctures, or lacerations to [ the face, head, or neck of ] a person to be humanely killed and a suitable specimen [ the brain ] submitted [ tested ] for rabies testing as specified in subsection (h) of this section .

(f)

If the biting animal is not included in subsection (a), (b), (c), (d), or (e) of this section, the biting animal will be humanely killed and a suitable specimen submitted [ the brain tested ] for rabies testing as specified in subsection (h) of this section or the local rabies control authority may require the animal to be quarantined [ confined ] for the [ a ] 30-day observation period as an alternate method to killing and testing [ , otherwise conforming to the requirements delineated in subsection (a) of this section ].

(g)

Any animal required to be quarantined under this section, which cannot be maintained in a secure quarantine, shall be humanely killed and a suitable specimen [ the brain ] submitted [ tested ] for rabies testing as specified in subsection (h) of this section .

(h)

All laboratory specimens referred to in subsections (b) - (g) of this section shall be submitted in accordance with §169.33 of this title (relating to Submission of Specimens for Laboratory Examination).

(i)

[ (h) ] At the discretion of the local rabies control authority, currently [ Currently ] vaccinated assistance, therapy, [ guide ] and police dogs [ in service or currently vaccinated police dogs when a bite is inflicted in the line of duty ] may [ shall ] not be required to be placed in quarantine during the observation period .

§169.28. [ Public and Private Entities That Operate ] Requirements of a Quarantine Facility.

(a)

Quarantine procedures.

(1)

Quarantine facilities shall have and use written standard operating procedures (SOP) specific for that facility to ensure effective and safe quarantine procedures [ , and shall produce ] . The [ the ] SOP [ upon request by the department ] shall be posted in the quarantine facility and adhered to by each employee .

(2)

An animal which may have exposed a human to rabies [ Biting animals ] and animals suspected of rabies that are placed in quarantine [ confinement ] for observation must be separated by a solid partition from all other animals in such a manner that there is no possibility of physical contact between animals. [ To avoid contact between animals, a solid partition extending from the floor to ceiling of the confinement chamber is required between chambers such as runs or cages. Half wire - half solid partitions between runs and cages or ] An [ an ] empty chamber between animals is [ are ] not an acceptable alternative [ alternatives ]. To prevent escape, the chamber must be enclosed on all sides, including the top. Quarantine cages, runs, or rooms must have "Rabies Quarantine" signs posted.

(3)

(No change.)

[ (4)

The local rabies control authority may require a written agreement by the owner or the custodian at the time of quarantine and the animal may be disposed of according to terms of this agreement.]

(b)

Facilities planning. Any county, city, town, or incorporated community desiring to construct animal quarantine facilities shall submit plans to the [ Texas Department of Health ( ] department[ ) ] for approval.

(c)

Inspection requirements of quarantine facilities.

(1)

It will be the responsibility of the department to inspect all animal quarantine facilities. The inspection of the premises will be accomplished during ordinary business hours [ and the inspector must be accompanied by the person responsible for the management of the facility ]. All deficiencies will be documented in writing. Those that are of sufficient significance to affect the humane care or security of any animal confined to the facility must be corrected within a reasonable period of time.

(2)

The inspections will be accomplished annually or more frequently when significant discrepancies have been identified. Any facility that does not [ cannot ] achieve acceptable standards [ within one year ] will not be licensed for rabies quarantine operations [ be required to cease operation until acceptable standards have been achieved ].

(3)

The quarantine facility manager has the right to appeal the results of the inspection evaluation. If the opinion of management of the quarantine facility is in conflict with the inspection evaluation, he or she may request a review of the inspection by the director of the department's Zoonosis Control Division. In the event points of difference still remain, the supervisor may request a review of the inspection by the chief of the department's Bureau of Communicable Disease Control. Each of the appeals listed in this paragraph, when required, will be made in writing through the regional director's office of the public health region in which [ director's office in whose area ] the animal facility is located.

§169.29. Vaccination Requirement.

(a)

The owner or custodian (excluding animal shelters) of each domestic dog or cat shall have the animal [ dog or cat ] vaccinated against rabies before four [ at three ] months of age [ or earlier as prescribed by the United States Department of Agriculture (USDA) ] and within each subsequent 12-month interval thereafter. [ Only USDA-licensed ] Rabies [ rabies ] vaccines licensed by the United States Department of Agriculture [ with a three-year duration of immunity in dogs or a vaccine which has been licensed for less than two years, and for which testing to obtain approval for three-year duration of immunity is in progress, may be used ] and administered according to label directions must be used [ in any species for which it is approved ]. Only vaccines with a three-year duration of immunity shall be used in dogs. Livestock (especially those that have frequent contact with humans), domestic ferrets, and wolf-dog hybrids should be vaccinated against rabies.

(b)

Official rabies vaccination certificates shall be issued by the vaccinating veterinarian and [ shall ] contain the following [ certain standard ] information [ as designated by Texas Department of Health. Information required is as follows ]:

(1)

(No change.)

(2)

animal identification - species, sex (including neutered if applicable) , approximate age (three months to 12 months, 12 months or older), size (pounds), predominant breed, and colors;

(3)-(6)

(No change.)

(c)

A copy of each rabies vaccination certificate issued shall be retained by the issuing veterinarian and be [ in a ] readily retrievable [ status ] for a period of not less than three years from the date of issuance.

(d)

(No change.)

§169.30. Disposition of Domestic Animals Exposed to Rabies.

(a)

Not currently vaccinated [ Unvaccinated ] animals which have been bitten or directly exposed by physical contact with a rabid animal or its fresh tissues shall be:

(1)

(No change.)

(2)

if sufficient justification for preserving the animal exists, the exposed animal shall be immediately vaccinated against rabies, placed in strict isolation for 90 days, and given booster vaccinations during the third and eighth weeks of isolation. For young animals, additional vaccinations may be necessary to ensure that the animal receives at least two vaccinations at or after the age prescribed by the United States Department of Agriculture for the vaccine administered. [ If the animal is under three months of age at the time of the second vaccination, an additional booster shall be given when the animal reaches three months of age. ]

(b)-(d)

(No change.)

§169.31. Interstate Movement of Dogs and Cats into Texas.

[ (a) ]

All dogs and cats over three months of age to be transported into Texas for any purpose shall be admitted only when [ currently ] vaccinated against rabies during the last 12 months and identified by vaccination certificates showing date of vaccination and signed by the [ a ] licensed veterinarian who administered the vaccine .

[ (b)

Dogs and cats under three months of age may be admitted without rabies vaccination provided they are held in isolation until three months of age, at which time they must be vaccinated against rabies and held in isolating for an additional 30 days. Isolation, vaccination, and reporting the completion of isolation to the Texas Department of Health are the responsibility of the importer.]

§169.33. Submission of Specimens for Laboratory Examination.

Preparation of specimens either for shipment or for personal delivery for rabies diagnosis shall include the following.

(1)

(No change.)

(2)

The head of the suspect animal [ Suspect animal's head ] shall be separated from the body immediately after death by a qualified person. Only the head shall be submitted with the exception that whole bats may be submitted. If only the brain is submitted rather than the entire head, parts of the cerebellum, hippocampus, and brain stem must be included. Specimens which do not include at least two of these three areas of the brain will be considered unsatisfactory due to a lack of sufficient material.

(3)

The head shall be immediately chilled to between 45 degrees Fahrenheit and 32 degrees Fahrenheit either in a refrigerator or by packing for shipping with sufficient amounts of refrigerants in the container [ , but ] . The head should not be frozen.

(4)

If specimens are shipped, two containers shall be used for packing.

(A)

The immediate (inner) container. Only one head shall be placed in each immediate container which shall be double plastic bags. Attach the owner's name or an identification number to each double-sealed plastic bag. Adhesive tape is useful. Do not use masking tape. [ A completed Texas Department of Health Form G-9, Rabies Submission Form, which is available at the department's Bureau of Laboratories, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, shall be placed in a separate water-proof bag. The form must contain identical information as located on the specimen bag. One form is required for each head submitted. ]

(B)

The shipping (outer) container.

(i)-(iii)

(No change.)

(iv)

A completed Texas Department of Health Form G-9, Rabies Submission Form, which is available at the department's Bureau of Laboratories, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, is required for each head submitted. Each form must contain the same identification information as located on the specimen bag as stated in subparagraph (4)(A) of this section. Submission form(s) shall be placed in a water-proof bag on top of the packing material, just under the box top.

(v)

Labeling on the outside of the shipping container shall be legible and include:

(I)

name, address, and telephone [ phone ] number of the appropriate laboratory (listed in paragraph (6) of this section);

(II)-(III)

(No change.)

(5)

(No change.)

(6)

The certified laboratories in Texas are:

(A)

Austin - Bureau of Laboratories, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, telephone the rabies shipment notification hotline at 1-800-252-8163, or the local telephone at: (512) 458-7598 , [ or ] (512) 458-7515 , or (512) 458-7318 (after hours) .

(B)-(D)

(No change.)

Statewide [ Area ] Quarantine.

[ (a)

Introduction. The purpose of these rules is to prevent the spread of the south Texas canine, and Texas fox rabies epizootics in accordance with Texas Health and Safety Code, §826.045. This rule will be administered with the cooperation of the governing bodies of counties and municipalities within the quarantine area.]

[ (b)

Definitions. Words and terms used in this section, shall have the definitions assigned by Texas Health and Safety Code, §826.002 unless the context clearly indicates otherwise.]

(a)

[ c ] Declaration. The board declares a statewide [ an area ] rabies quarantine.

(1)

Statewide [ Area ] quarantine. The area is defined by the borders of the State [ state ] of Texas.

(2)

It is illegal to transport animals subject to the statewide rabies quarantine from, to, or within the State of Texas.

(3)

[ (2) ] Animals subject to the statewide [ area ] rabies quarantine[ . ] include any [ Any ] live [ : domestic dog, wolf-dog hybrid, or cat over three months of age for which an official rabies vaccination certificate as described in §169.29(b) of this title (relating to Vaccination Requirement) cannot be produced, or ] coyote ( Canis latrans ), raccoon ( Procyon lotor ), or species of foxes indigenous to North America [ , is subject to the area quarantine ].

(4)

[ (3) ] Transport exceptions. Animals subject to the statewide [ area ] rabies quarantine may be transported by peace officers and individuals hired or contracted by state or federal agencies or local governments to deal with stray animals [ employees or contractors of governmental entities, ] when such transport is a part of their official duty. These animals may also be transported by employees of zoos or other institutions accredited by the American Association of Zoological Parks and Aquariums when such transport is part of their official duty. If an exempt individual transports such animals for release, the animals must be released within a ten-mile radius or within ten miles of the city limits of where they were originally captured.

(b)

[ (d) ] Board's designee. The board's designee is the commissioner, whom the board appoints to act as its designee as described in Texas Health and Safety Code, §826.045.

[ (e)

Public notification. The Texas Department of Health shall insure that the public is notified of the area rabies quarantine by:]

[ (1)

publishing a notice in the Texas Register;]

[ (2)

issuing news releases statewide; and]

[ (3)

posting notice of the quarantine in appropriate public places.]

[ (f)

Prohibited acts. A person shall not remove from, nor transport within the area quarantine, any animal described in subsection (c)(2) of this section. For dogs and cats, submission to the court of a valid rabies certificate issued prior to the date of the citation or a signed euthanasia release form describing the transported animal, shall be a valid defense to a charge of violation of this quarantine.]

(c)

[ (g) ] Special provisions for [ rehabilitation of ] raccoons. [ Raccoons being rehabilitated shall be: ] In addition to the transport exceptions listed in subsection (a)(4) of this section, the following individuals may transport raccoons:

(1)

rehabilitators permitted by the Texas Parks and Wildlife Department may transport raccoons within a ten-mile radius or within ten miles of the city limits of where they were originally captured; [ vaccinated with a vaccine approved for use in raccoons by the United States Department of Agriculture and held for 30 days after vaccination without clinical signs of rabies; ]

(2)

pest control operators licensed by the Structural Pest Control Board may transport raccoons [ released ] within a ten-mile radius or within ten miles of the city limits of where they were originally captured; and,

(3)

educators permitted by the Texas Parks and Wildlife Department for educational display. [ transported by employees or contractors of a city or county animal control agency. ]

(d)

[ (h) ] Rehabilitation of [ other wild ] animals. Except for raccoons, rehabilitation [ Rehabilitation ] of [ other wild ] animals listed in subsection (a)(3) [ (c)(2) ] of this section is prohibited.

[ (i)

Violation of quarantine. As provided in Texas Health and Safety Code, §826.046:]

[ (1)

a person commits an offense if the person violates or attempts to violate subsection (f) of this section; and]

[ (2)

an offense is a Class C misdemeanor.]

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 January 16, 1998.

TRD-9800794

Susan K. Steeg

General Counsel

Texas Department of Health

Earliest possible date of adoption: March 2, 1998

For further information, please call: (512) 458-7236


Part II. Texas Department of Mental Health and Mental Retardation

Chapter 406. ICF/MR Programs

Subchapter E. Eligibility and Review

25 TAC §406.215

(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 Mental Health and Mental Retardation or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Mental Health and Mental Retardation (TDMHMR) proposes the repeal of §406, governing ICF/MR Programs: Eligibility and Review.

In accordance with the Federal Balanced Budget Act of 1997, the proposed repeal would remove the requirement for an inspection of care (IOC) in ICFs/MR.

Don Green, chief financial officer, has determined that for each year of the first five-year period the rule, as proposed, would be in effect there would be no fiscal implications for state or local government or small businesses.

Ernest McKenney, director, Medicaid Administration, has determined that for each year of the first five years the amendment would be in effect the public benefit anticipated would be the elimination of duplicative consumer quality of care reviews. There is no anticipated economic cost to persons who are required to comply with the proposed amendment. There would be no effect on small business.

A public hearing will be held at 8:30 a.m., February 19, 1998, in Room 240 of the main TDMHMR Central Office building (Building 2) at TDMHMR Central Office, 909 West 45th Street, Austin, Texas, to accept oral and written testimony concerning the proposal. Persons requiring an interpreter for the deaf or hearing impaired should notify Sheila Wilkins, Office of Policy Development, at least 72 hours prior to the hearing by calling (512) 206-4516.

Written comments on the proposed sections should be submitted to Linda Logan, director, Policy Development, Texas Department Mental Health and Mental Retardation, P.O. Box 12668, Austin, Texas 78711-2668, within 30 days of publication.

The repeal is proposed under the Texas Health and Safety Code, §532.015(a), which provides TDMHMR with broad rulemaking authority; Human Resource Code, Chapter 32, §32.021, and Government Code, Chapter 531, §531.021, which provide the Texas Health and Human Services Commission (THHSC) with the authority to administer federal medical assistance funds and administer the state's medical assistance program. Senate Bill 509 of the 74th Texas Legislature clarifies THHSC's authority to delegate the operation of all or part of a Medicaid program to a health and human service agency.

The section affects Human Resources Code, Chapter 32, and Government Code, Chapter 531, §531.021.

§406.215. Inspection of Care.

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 January 16, 1998.

TRD-9800738

Ann Utley

Chair, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Earliest possible date of adoption: March 2, 1998

For further information, please call: (512) 206-4516