Part I.
Texas Department of Agriculture
Chapter 28.
Texas Agricultural Finance Authority Financial Assistance Program Rules
4 TAC §§28.2-28.4, 28.6-28.16
The Board of Directors (the board) of the Texas Agricultural
Finance Authority (the Authority) of the Texas Department of Agriculture proposes
amendments to §§28.2-28.4, 28.6-28.14 and new §28.15 and §28.16,
concerning the Authority's financial assistance programs.
The amendments are proposed in order to provide an expansion of the financial
assistance program available through the Authority. Changes are proposed throughout
the existing rules to make them consistent with the new financial assistance
expansion. In addition, the following changes are proposed. The proposed amendment
to §28.2 expands the financial assistance programs to other agricultural-related
rural economic development programs and eliminates the reference to a loan
guaranty program. The proposed amendments to §28.3 expand the definition
for an agricultural business by adding a business that is or proposes to be
engaged in an agricultural-related rural economic development project; add
a definition for a direct loan amount; add provisions for a direct loan and
participation purchase to the interest rate; change the term "savings and
loan association" to "savings bank" and eliminate any non-profit certified
development company from the definition of a lender; add a definition for
a participation purchase amount; change the definition of "programs" to include
a direct loan program, a participation purchase program, and a loan guaranty
program; expand the definition of "project" to include other agricultural-related
rural economic development projects; and clarify that the qualified application
can be submitted by the lender and/or the applicant for a project. Existing
definitions have also been renumbered to accommodate new definitions. The
proposed amendment to §28.6 changes the term "state treasury" to "office
of the state comptroller" to update this section to reflect current practice.
The proposed amendment to §28.7(a)(1) adds language to include other
agricultural-related economic development projects. The proposed amendment
to §28.7(a)(7) clarifies that the lender is to submit a preliminary letter
of commitment under the loan guaranty program. The proposed amendment to §28.7(a)(8)
requires the lender and borrower to submit a letter of commitment for the
lender to service the loan when applying for a direct loan by the Authority.
The proposed amendment to §28.7(9) is a renumbering of that subparagraph.
The proposed amendment to §28.7(b) clarifies cost that are eligible under
the financial assistance programs of the Authority and adds costs in connection
with agricultural-related rural economic development projects. The proposed
amendment to §28.7(c) clarifies the ineligible cost under the loan guaranty
program. The proposed amendment to §28.8(a) proposes that the applicant
or the lender may use the application form of the Authority in applying to
the programs. The proposed amendment to §28.8(b) clarifies that the applicant
to the direct loan program and the loan guaranty program must have lender
participation before submitting the qualified application and staff will assist
the lender in determining project eligibility before submission. The proposed
amendment to §28.8(d) clarifies the handling of applications by staff
and board for the programs. The proposed amendment to §28.8(e) clarifies
the notification procedures for the programs of the Authority and changes
the initial number of days to close a loan from 180 to 90 days. The proposed
amendment to 28.8(i) clarifies that the Authority will make a good faith effort
to provide financial assistance to businesses owned by minorities and women.
The proposed amendment to §28.9(a) requires additional information from
applicants to the programs. The proposed amendments to the title of §28.10
and subsection (a) replace the word commitment with assistance to clarify
the programs and to be consistent with amendments made to other sections.
The proposed amendment to §28.10(b) provides the minimum amount of financial
assistance under the programs. The proposed amendment to §28.10(c) provides
the maximum amount of financial assistance of each of the programs and provides
a guideline for the board use in approving loan guaranty applications. The
proposed amendment to §28.10(d) identifies the extent of participation
purchased by the loan guaranty program in a commitment. The proposed amendment
to §28.10(e) clarifies the interest rate to be allowed by the programs.
The proposed amendment to §28.10(f) clarifies the maturity for commitments
under the direct loan program, the participation purchase program and the
loan guaranty program. The proposed amendment to §28.10(h) clarifies
the fees charged to the applicant under the programs covered under Chapter
28 and deletes fees for Young Farmer Loan Guaranty and Farm and Ranch Finance
Programs. The proposed amendment to §28.10(i) clarifies the closing procedures
to the programs. The proposed amendment to §28.10(j) identifies the reporting
requirements by lenders and borrowers participating in the programs. The proposed
amendment to §28.11 clarifies the criteria for the approval of financial
assistance under the programs. The proposed amendment to §28.12 clarifies
the administrative responsibilities of lenders for approved financial assistance
under the programs. The proposed amendment to §28.13 clarifies the requirements
for a lender to qualify as an eligible lender for the financial assistance
programs. The proposed amendment to §28.14 renames the section to collateral
administration, clarifying that the section applies to the financial assistance
programs. New §28.15 identifies the criteria and requirements to allow
the Authority to purchase a portion of a loan made by a lender to an eligible
borrower under the participation purchase program. New §28.16 identifies
the criteria and requirements to allow the Authority to provide direct financial
assistance to an eligible borrower with an eligible lender servicing the loan
for a servicing fee provided by the program.
Robert Kennedy, Deputy Assistant Commissioner for Finance, has determined
that for the first five year period that the proposed amendments and new sections
are in effect there will be no anticipated fiscal implications to state or
local government as a result of enforcing or administering the proposals.
Mr. Kennedy has also determined that for each year of the first five years
the amendments and new sections are in effect, the public benefit anticipated
as a result of enforcing the amendments and new sections will be the provision
of financial assistance to more agricultural-related businesses in the state
and to provide more efficient financial assistance programs. There is no anticipated
effect on small businesses, except that eligible small businesses that are
granted financial assistance under the Authority's programs will benefit from
that assistance. There will be no anticipated economic costs to persons required
to comply with the proposals other than regular costs associated with the
application process for those seeking financial assistance from the Authority.
Comments on the proposal may be submitted to Robert Kennedy, Deputy Assistant
Commissioner for Finance, 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 amendments are proposed under the Texas Agriculture Code,
§58.022, which provides the Authority with authority to adopt rules and
procedures necessary for the administration of its programs including the
setting and collection of fees in connection with the program; and §58.023,
which provides the Authority to adopt rules to establish criteria for eligibility
of applicant and lenders under the financial assistance programs.
The Texas Agriculture Code, Chapter 58 is affected by the proposed amendments
and new rules.
§28.2.Purpose.
The purpose of the Texas Agricultural Finance Authority [
§28.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
(No change.)
(2)
Agricultural business--A business that is or proposes
to be engaged in innovative, diversified, or value-added production, processing,
marketing, or exporting of an agricultural product
or a business that
is or proposes to be engaged in an agricultural-related rural economic development
project
.
(3)
(No change.)
(4)
Applicant--Any person, corporation, partnership, cooperative,
joint venture, or sole proprietorship filing an application with the Authority
for
financial assistance
[
(5)
Application--An application, including supporting
documentation and schedules as required by the Authority, for participation
in
the programs
[
(6)-(9)
(No change.)
(10)
Direct Loan Amount--With respect
to loans made to an eligible applicant, a sum measured in terms of United
States dollars that the Authority provides to the eligible applicant as identified
in the application and the loan documents.
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
Participation purchase amount--A
sum measured in terms of United States dollars that the Authority agrees to
provide to an eligible lender for the purchase of an undivided interest of
a loan provided to an eligible borrower by a lender.
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
§28.4.Examination of Records.
Any party requesting the examination of records pursuant to the Open
Records Act, Texas
Government Code, Chapter 552
[
§28.6.Texas Agricultural Fund.
The fund, established in the
office of the state comptroller
[
§28.7.Project Eligibility Requirements.
(a)
Projects. An applicant is eligible for assistance from
the Authority if the proposed project meets the following criteria:
(1)
the project provides significant benefits for the expansion
or development of diversified, innovative, or value-added production, processing,
marketing, or exporting of Texas agricultural products
or provides significant
benefits for other agricultural-related economic development projects
;
provided that the board shall give priority to agricultural businesses that
include producers of Texas agricultural products; provided, also, that the
board will give preference to applicants, the majority ownership of which
is held by citizens of the United States; and if the applicant is a corporation,
the board will give preference to a corporation organized under the laws of
the State of Texas with majority ownership by Texas residents; provided further,
that the board will give preference to applicants who are Texas residents
doing business in the state and to applicants who can demonstrate that the
financed activities will take place predominantly in the state; provided that
the board will also give preference to those agricultural businesses that
demonstrate a significant new technology or market opportunity for Texas producers;
provided, finally, that the board may decline to assist those businesses whose
primary purpose is to establish or expand conventional agricultural production;
(2)-(6)
(No change.)
(7)
for the Loan Guaranty Program,
the lender
submits a
preliminary
letter of commitment to make the loan based
on a partial guaranty from the Authority; [
(8)
for the Direct Loan Program, the
lender and borrower submit a preliminary letter of commitment that the lender
will service the loan based upon the approval of a direct loan by the Authority;
and
(9)
[
(b)
Project costs. The proceeds of the
financial assistance
provided by the Authority
[
(1)-(12)
(No change.)
(c)
Ineligible project costs.
Under the loan guaranty
program, costs
[
§28.8.Filing Requirements and Consideration of Applications.
(a)
Application forms. An applicant or lender seeking a loan
guaranty from the Authority
may
[
(b)
Submission of a qualified application.
Applicants
[
(c)
(No change.)
(d)
Board review. Staff will submit a report on each qualified
application to the board, provided that the board has directed staff to present
only those applications which meet those minimum underwriting standards established
in the Credit Policy and Procedures, which shall include a recommendation
for approval or denial. If staff determines that an application does not meet
the minimum underwriting standards established in the Credit Policy and Procedures,
then staff shall notify the applicant and the lender in writing to this effect,
and shall advise them of which minimum underwriting standards are not met.
If staff determines during the underwriting process, that the minimum standards
not met are mitigated by other factors in the application, then staff can
present the application to the board identifying the waivers to the Credit
Policy and Procedures and the mitigating factors. If staff cannot determine
mitigating factors for the waivers, then staff will notify the
[
(e)
Notification of approval. Upon conditional approval of
the qualified application by the board, the Authority will notify the lender
and the applicant in writing identifying the terms and conditions of the
financial assistance provided
[
(f)-(h)
(No change.)
(i)
The Authority shall make a good faith effort to provide
financial assistance
[
§28.9.Contents of Qualified Application.
(a)
Required information. The qualified application must set
forth the information necessary for the determination of eligibility and will
include the following, if applicable:
(1)
applicant's name
,
[
(2)
(No change.)
(3)
articles of incorporation and bylaws
, a certificate
of good standing with the secretary of state,
or other instruments that
establish or describe the legal operation or structure of the business;
(4)
a business plan which includes the following:
(A)
information describing the products or services to be offered;
and
(B)
how such [
(C)
an estimate of the number of jobs created
or retained by the project; and
(D)
a statement of what percentage of Texas
products and suppliers will be used by the project:
(5)-(16)
(No change.)
(b)
(No change.)
§28.10.General Terms and Conditions of the Authority's Financial Assistance [
(a)
Permissible use of financial
assistance
[
(b)
Minimum amount of
financial assistance
[
(c)
Maximum amount of
financial assistance
[
(d)
Extent of participation
in a guaranteed loan
.
The Authority shall participate in each and every
guaranteed
loan
in an amount not to exceed 80% of the Loan Guaranty Amount, not to exceed
the limits in subsection (c) of this section.
(e)
Interest. The interest rate on the guaranteed loan (not
including guaranty fees) shall be the rate charged by the lender and approved
by the Authority
, subject to the definition established in §28.3
of this title (relating to Definitions)
.
(f)
Maturity. The maturity of the
direct loan, participation
purchased, or
loan guaranty approved by the Authority must not exceed
the useful life of the collateral and may be negotiated between the Authority
,
[
(g)
(No change.)
(h)
Fees. The board has adopted the following fee schedule
which will be used to calculate the [
Figure: 4 TAC §28.10(h)
(i)
Closing the
financial assistance provided
[
(j)
Reporting requirements
for loan guaranties and participations
purchased
.
(1)
(No change.)
(2)
The applicant shall provide annual financial statements
including a balance sheet, income statement
and cash flow
statement
[
§28.11.Criteria for Approval of [
(a)
(No change.)
(b)
Reasonable risks. There must be reasonable assurance, in
the judgment of the Authority, that the
financial assistance provided
[
(1)-(2)
(No Change.)
(3)
firm commitments from other independent and responsible
financial sources for all other funds in excess of the
financial assistance
provided
[
(4)
collateral and other sources of guaranties or insurance
securing the
financial assistance provided
[
(5)-(7)
(No Change.)
(c)
Eligibility of lender. The lender originating
an application
to the financial assistance programs
[
(d)
The Authority has adopted a Credit Policy and Procedures
document which contains additional criteria and guidelines used by the Authority
in the loan guaranty review and approval process. The Credit Policy and Procedure
document is adopted by reference herein. Copies may be obtained from the Finance
and Agribusiness Development
Division
[
§28.12.Loan Administration.
The lender shall service the loan and receive all payments of principal
and interest, including assessment of any late charges, if applicable, in
accordance with its
loan servicing agreement,
loan guaranty agreement
and/or participation agreement, whichever is applicable
with the Authority,
which agreement
may
[
§28.13.Eligible Private Lenders.
(a)
Letter of request. Each lender is required to qualify itself
for participation in the program by submitting a letter of request, accompanied
by its most recent audited financial statements, if available,
a copy
of the latest statement of condition and income filed with the financial institution's
regulator, if any,
and the designation of the individual(s) within the
lender who will be responsible for working with the Authority.
(b)
(No change.)
(c)
Lender interest. As a condition to
receiving a loan
guaranty
[
(d)
Commitment letter. A lender interested in making a loan
guaranteed under
this chapter or servicing a direct loan under this chapter
[
Collateral
[
(a)
Except as otherwise provided by state law, by these rules,
or by resolution of the board, the staff, with the approval of the commissioner
of agriculture, the deputy commissioner of agriculture or the official of
the department designated by the commissioner of agriculture as being responsible
for the department's agricultural finance programs shall have the authority
to act on behalf of the Authority, without specific board approval, in regard
to the collection, settlement, and enforcement of each and every
commitment
[
(b)
(No change.)
§28.15.Criteria for Approval of a Participation Purchased.
(a)
Eligibility requirements. The Authority may purchase an
undivided interest in a loan made by a lender provided that:
(1)
the project meets the eligibility criteria as defined in
§28.7 of this title (relating to Project Eligibility Requirements);
(2)
the project meets the guidelines of the Authority's
Credit Policy and Procedures document incorporated by reference herein as
stated in §28.11(d) of this title (relating to Criteria for Approval
of Financial Assistance);
(3)
the undivided interest purchased by the Authority
does not exceed the maximum amount as stated in §28.10(c) of this title
(relating to General Terms and Conditions of the Authority's Financial Assistance);
and
(4)
the lender meets the eligibility criteria as defined
in §28.13 of this title (relating to Eligible Private Lenders) and shall
service the loan as defined in §28.12 of this title (relating to Loan
Administration).
(b)
Interest rate. The participation purchased by the Authority
shall be at the same interest rate as the original loan made by the lender,
unless a different rate is approved by the board or its designee.
(c)
Written agreement. The participation purchased by the Authority
shall be evidenced by a Participation Agreement supplied by the Authority
and executed by both the lender and the Authority.
(d)
Required documentation. The lender must submit a complete
credit package, including the lender's credit analysis, borrower's financial
information and other documents necessary for the Authority to evaluate the
borrower's financial condition. If the lender has already made the loan, a
copy of all collateral and security documents should be submitted with the
application.
(e)
Staff review. Staff will review the credit package for
completeness and will notify the lender of any additional information required.
When all required information has been received, staff will conduct a credit
review, evaluate the technical and market feasibility of the project, and
examine the benefits of the project for Texas agriculture and economic growth
in the state.
(f)
Board review. Staff will submit a report on each participation
to be purchased to the board, which shall include a recommendation for approval
or denial. If staff determines that a participation does not meet the minimum
underwriting standards established in the Credit Policy and Procedures, then
staff shall notify the lender in writing to this effect, and shall advise
the lender of which minimum underwriting standards are not met. The lender
may resubmit the participation application for further consideration at such
time as the minimum standards are met. Approval of a participation will be
by a majority of a quorum of the board, except for the approval requirements
identified in Section 28.10(c) of this title.
§28.16Criteria for a Direct Loan.
(a)
Determination of need. The Authority has identified a potential
need for an opportunity to provide a direct loan to eligible applicants in
cooperation with the eligible applicant's local lending institution. The Authority
will consider a direct loan to an eligible applicant only when an applicant
and lender provide the Authority evidence that a direct loan is in the best
interest of the eligible applicant, the lender and the Authority.
(b)
Eligibility requirements. The Authority may make direct
loans to eligible applicants not to exceed $250,000 provided that:
(1)
the lender and the applicant submit the information necessary
for a qualified application as defined in §28.9 of this title (relating
to Contents of Qualified Application);
(2)
the project meets the eligibility criteria as defined
in §28.7 of this title (relating to Project Eligibility Requirements)
with the exception of §28.7(a)(7) and §28.7(c);
(3)
the project meets the guidelines of the Authority's
Credit Policy and Procedures document incorporated by reference herein as
stated in §28.11(d) of this title (relating to Criteria for Approval
of Financial Assistance);
(4)
the lender agrees, in writing, that the direct loan
from the Authority is necessary for the furtherance of the project; and
(5)
the lender agrees to service the loan based upon the
payment of a servicing fee by the Authority as agreed between lender and Authority.
(c)
Notification of approval. Upon conditional approval of
the qualified application by the board, the Authority will notify the applicant
and the participating lender in writing, identifying the terms and conditions
of the loan. The board may set certain time limits regarding the acceptance
of the loan by the applicant and time limits regarding the closing of the
loan by the applicant and the Authority, however, in no event shall the time
period exceed 30 days to accept the commitment and 90 days to close the loan.
The Authority will prepare the written agreements and documents necessary
to close the loan in accordance with the terms and conditions set forth in
the notice of approval. The Authority and the lender will disburse the loan
according to the terms of the note and/or the loan agreements.
(d)
Notification of denial. If the board denies the qualified
application, the Authority will notify the applicant in writing identifying
the reasons for denial. Applicants who have been denied may re-apply to the
program.
(e)
Other requirements. A qualified application for a direct
loan from the Authority will be subject to the filings and considerations
established in §28.8 of this title (relating to Filing Requirements and
Consideration of Applications) with the exception that any reference to "lender"
would be deemed as "not applicable".
(f)
Fees. The Authority may charge fees, including origination
fees, as it deems appropriate. Fees for direct loans will be adopted by the
board and included on the fee schedule found at §28.10(h) of this title
(relating to General Terms and Conditions of the Authority's Financial Assistance).
Fees may be included in the amount of the loan provided by the Authority.
(g)
Interest rate. The interest rate on the direct loan (not
including origination fees) shall be the rate defined in §28.3(13) of
this title (relating to Definitions) unless a different rate is approved by
the Authority.
(h)
Maturity. The maturity of the direct loan approved by the
Authority must not exceed the useful life of the collateral and may be negotiated
between the Authority and the borrower.
(i)
Security. Loans must be secured by collateral of a type,
amount, and value which, when considered with other criteria, affords reasonable
assurance of repayment.
(j)
Closing the loan. The staff of the Authority, the borrower,
the commissioner of agriculture or her designee may attend the verification
and signing of the closing documents as prepared by staff and its legal counsel.
The closing will take place at a time and location to allow for the highest
degree of convenience for the Authority, borrower and any other parties necessary
to close the loan.
(k)
Closing Costs. All closing costs, including legal fees,
shall be paid by the borrower.
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 17, 1999.
TRD-9902835
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: June 27, 1999
For further information, please call: (512) 463-4075
Chapter 35.
Brucellosis
Subchapter B. Eradication of Brucellosis in Swine
4 TAC §35.41, §35.42
The Texas Animal Health Commission proposes amendments to
§35.41 and §35.42, concerning Eradication of Brucellosis in Swine.
Section 35.41 is being amended to more clearly communicate that swine herds
which contain exposed swine are subject to existing restrictions and subsequent
testing requirements as contained in the regulations. Section 35.42 is being
amended to reflect changes in the current testing methodology for brucellosis
in swine. The Automated Complement Fixation (ACF) test is no longer available
and therefore is being deleted from the current rules which leaves the Particle
Concentration Fluorescence Immunoassay (PCFIA) as the primary confirmatory
test. The rule is also being modified in regards to the rivanol test to clearly
establish the same standard as found in the Uniform Methods and Rules (UM&R)
adopted by the United States Animal Health Association and approved by the
Animal and Plant Health Inspection Service, Veterinary Services for swine
brucellosis by requiring that the results be evaluated by a designated brucellosis
epidemiologist. Language was added to clearly provide, that under the current
rules, swine testing positive for brucellosis would be considered exposed
and the herd of origin could be subject to testing requirements.
Suzy Whittenton, Assistant Executive Director of Administration, Texas
Animal Health Commission, has determined for the five-year period the rules
are in effect, because this is a change to provide greater clarity of existing
requirements there will be no new fiscal implications for state or local government
as a result of enforcing or administering the rules because the proposed changes
are for the purpose of providing greater clarity to existing rules.
Ms. Whittenton 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 clear and concise regulations. There is no
anticipated economic cost to persons who are required to comply with the rules
as proposed.
Comments regarding the proposed amendments may be submitted to Edith Smith,
Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758.
The amendments are proposed under the Texas Agriculture Code,
Chapter 161, §161.041(a) and (b), §161.046 which authorizes the
Commission to promulgate rules in accordance with the Texas Agriculture Code.
No other statutes, articles, or codes are affected by the proposed amendments.
§35.41.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Adjacent herd--A herd of swine that occupies a premise
that borders a herd known to be affected. (This includes herds separated by
roads or fordable streams.)
(2)
Boar--An uncastrated male swine that has reached a
stage of maturity that allows him to be used as a breeding animal. The term
also includes those uncastrated male swine that because of age or infirmity
are no longer capable of being used for breeding.
(3)
Brucellosis exposed swine--Swine that are part of
a known infected herd or that have been in contact with brucellosis reactors
in marketing channels for periods of 24 hours or longer, or for a period of
less than 24 hours if the reactor has recently aborted, farrowed, or has a
vaginal or uterine discharge. These animals are considered exposed regardless
of the blood test results. Brucellosis suspect swine are also considered to
be exposed. Brucellosis exposed swine must be placed under
hold order
or
quarantine and restricted pending slaughter or pending release by
the Texas Animal Health Commission (TAHC).
(4)
Herd--
(A)
all swine under common ownership or supervision that are
grouped on one or more parts of any single premises (lot, farm, or ranch);
(B)
all swine under common ownership or supervision on two
or more premises that are geographically separated, but on which swine have
been interchanged or where there has been contact among them on the different
premises. Contact between swine on the different premises will be assumed
unless the owner establishes otherwise and the results of the epidemiologic
investigation are consistent with the lack of contact between premises; or
(C)
all swine on common premises, such as community pastures,
grazing association units, or waste food feeding complexes but owned by different
persons. Other groups of swine owned by the persons involved which are located
on other premises are considered to be part of this herd unless the epidemiological
investigation established that swine from the affected herd have not had the
opportunity for direct or indirect contacts with swine from that specific
premises.
(5)
Herd of origin of swine--Any herd or premises
on which swine are farrowed and raised or premises on which those swine were
maintained for a period of 60 days or more immediately before being shipped.
(6)
Herd test--The herd test shall include all sexually
intact swine six months of age and older. All swine tested shall be identified
with an eartag, tattoo, or other permanent identification. (All swine held
for feeding purposes are exempt from herd test provided they are maintained
separate and apart from the breeding herd.)
(7)
High risk herd--A herd that is epidemiologically judged
by a state/federal veterinarian to have a high probability of having or developing
brucellosis. A high risk herd need not be located on the same premise as an
infected or adjacent herd.
(8)
Identification of reactor--Reactor swine are to be
identified by placing a red serially numbered reactor tag in the left ear.
(9)
Infected herd--A herd of swine in which one or more
reactors has been disclosed.
(10)
Infected herd retest--A retest of an infected herd
shall include all sexually intact swine of weaning age or older.
(11)
Market swine test (MST)--Tests on sows and boars
moving in trade through livestock markets, stockyards, buying stations, or
to slaughter establishments and those sows and boars assembled at farms or
ranches that are being readied for immediate movement to markets, stockyards,
or a slaughter establishment or to other sales.
(12)
Sow--A female swine that has given birth to one or
more pigs or that is parturient.
(13)
Swine classification--
(A)
Negative--An animal that is considered and judged to be
free of swine brucellosis by a state/federal veterinarian according to the
guidelines found in §35.42 of this title (relating to Classification
of Swine by Blood and Semen Tests).
(B)
Suspect--An animal which tests indicate may be infected
with brucellosis and classified as such by a state/federal veterinarian according
to the guidelines found in §35.42 of this title (relating to Classification
of Swine by Blood and Semen Tests).
Animals classified as suspects will
be identified as brucellosis exposed swine.
(C)
Reactor--An animal considered and determined to be infected
with swine brucellosis by a state/federal veterinarian based on testing and
guidelines in §35.42 of this title (relating to Classification of Swine
by Blood and Semen Tests).
(14)
Swine Commuter Herd--A swine entity with operations
in two or more states and whose normal management practices involve movement
of swine interstate between operations which it controls, without change of
ownership. A swine Commuter Herd Agreement must be signed by a representative
of the swine entity and the State Chief Animal Health Officials where swine
entity is located. This Agreement will continue until canceled by the swine
entity or one of the signatory states.
(15)
Waste food feeding complex--A premise where more
than one owner raises swine and where at least one of the owners feeds waste
food to swine.
(16)
Waste food feeding operation (garbage feeder)--A
swine operation that feeds material defined as garbage in §55.3 of this
title (relating to Feeding of Garbage).
§35.42.Classification of Swine by Blood and Semen Tests.
(a)
Tests on blood serum.
(1)
Standard card test (SCT). Card test results are used to
classify swine as positive or negative. All swine positive to the SCT should
be subjected to confirmatory testing.
(2)
Confirmatory test procedures.
The Particle Concentration
Fluorescence Immunoassay (PCFIA) will serve as the confirmatory test.
[
[
Figure: 4 TAC 35.42(a)(2)
[
[
(3)
Rivanol test.
The results of the rivanol
test are to be evaluated by the designated brucellosis epidemiologist.
Figure: 4 TAC 35.42(a)(3)
(b)
Semen plasma test. This test is approved for use as a supplemental
test of boars used for artificial insemination but must be employed with other
serological tests. Final classification will be based on the most reactive
test procedure.
(c)
Animals not testing negative on any blood
test performed will be considered as brucellosis exposed swine and an initial
test of the herd of origin will be conducted within a specified time set by
a state-federal veterinarian upon consultation with the herd owner unless
waived by the designated brucellosis epidemiologist.
(d)
[
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 17, 1999.
TRD-9902837
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: June 27, 1999
For further information, please call: (512) 719-0714
4 TAC §§40.1-40.4
The Texas Animal Health Commission proposes a new Chapter
40, concerning Chronic Wasting Disease in cervidae. This proposal creates
new §§40.1-40.4. Section 40.1 provides definitions for terms contained
in the new sections. Section 40.2 is general requirements and provides for
testing procedures and the designation of an official test. Section 40.3 is
for complete monitored herds and established the procedures and standards
in order to participate in this category. Section 40.4 established entry requirements
for out of state cervidae herds.
Chronic Wasting Disease (CWD) is a transmissible spongiform encephalopathy
of deer and elk. CWD was initially described as a clinical syndrome in native
mule deer and black-tailed deer held in a wildlife research facility in Colorado,
in 1967. The disease was later reported in additional research facilities
in Colorado and Wyoming. By the early 1990's, the disease had been documented
in free-ranging mule deer and elk in north-central Colorado and southeastern
Wyoming. In December 1997, the disease was confirmed in two commercial elk
operations in South Dakota. CWD has since been diagnosed in two additional
commercial elk herds in South Dakota, one elk herd in Nebraska, and one elk
herd in Oklahoma. Quarantines were placed on the affected commercial herds
by the state animal health authorities.
Chronic Wasting Disease is known to affect mule deer, black-tailed deer,
elk and white-tailed deer. The susceptibility of other species native and
exotic cervidae is unknown. Clinical signs include chronic weight loss, emaciation,
excessive thirst, excessive frequency of urination, excessive salivation,
and behavioral changes. The disease is progressive and always fatal. Based
on the epidemiology of the disease, transmission is thought to be lateral
and possibly maternal. Although not fully characterized, the causative agent
is thought to be an infectious proteinaceous particle commonly referred to
as a prion which is known to be extremely resistant to conventional heat and
chemical disinfection procedures.
Suzy Whittenton, Assistant Executive Director of Administration, Texas
Animal Health Commission, has determined for the first five-year period the
rules are in effect, there will be no fiscal implications for state or local
government as a result of enforcing or administering the rules.
Ms. Whittenton 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 clear and concise regulations as well as orderly
commerce and improved marketability of Texas-origin cervidae which are certified
as free of chronic wasting disease. There will be no effect on small businesses.
The additional cost for such operations would only apply to those that voluntarily
elect to be certified for Complete Monitored Herd status. Their expense would
be limited to paying a private veterinarian for collection and submission
of blood samples to the state/federal lab.
Comments regarding the proposed new rules may be submitted to Edith Smith,
Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758.
The new rules are proposed under the Texas Agriculture Code,
Chapter 161, §161.041(a) and (b), and §161.046 which authorizes
the Commission to promulgate rules in accordance with the Texas Agriculture
Code. Also the Commission relies upon §161.081 to address issues related
to importation of these animals.
No other statutes, articles, or codes are affected by the proposed new
rules.
§40.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Chronic Wasting Disease (CWD) - A transmissible spongiform
encephalopathy (TSE) of deer and elk.
(2)
CWD Profile - A deer or elk 16 months of age or older
that is emaciated and exhibits some combination of clinical signs including
abnormal behavior, increased salivation, tremors, stumbling, incoordination,
difficulty in swallowing , excessive thirst, and excessive urination.
(3)
Commission - The Texas Animal Health Commission.
(4)
Herd - A group of deer or elk maintained on common
ground, or two or more groups of deer or elk under common ownership or supervision
that are geographically separated but can have an interchange or movement
without regard to health status.
(5)
High Risk Animal - A deer or elk which has had direct
contact with an animal which has been confirmed to be affected with CWD. In
herds with evidence of transmission, as determined by an epidemiological investigation,
high risk animals include all animals that have had contact with the affected
animal(s) at any time during a 12 month period preceding the initial observation
of clinical signs. In herds without evidence of transmission, as determined
by an epidemiological investigation, high risk animals include all animals
that have had contact with the affected animal at any time during a 12 month
period preceding death of the affected animal.
(6)
Official Eartag - An identification eartag that provides
unique identification for each individual animal by conforming to the alphanumeric
National Uniform Eartagging System.
(7)
Official Laboratory - The National Veterinary Services
Laboratory, United States Department of Agriculture, Ames, Iowa, is the reference
laboratory for CWD diagnostic procedures.
(8)
Positive Herd - A herd in which a diagnosis of CWD
has been confirmed by the National Veterinary Services Laboratory.
(9)
Suspicious Animal - A deer or elk which has clinical
signs which resemble the CWD profile.
(10)
Suspicious Herd - A herd in which one or more animals
are observed with clinical signs which resemble the CWD profile.
(11)
Trace Herd - The term includes both traceback and
traceforward herds. A traceback herd is any herd where an affected animal
has resided during a 36 month period prior to death. A trace-forward herd
is any herd which has received animals from a positive herd during a 30 month
period prior to death of the affected animal.
§40.2.General Requirements.
(a)
Procedures for issuing hold orders and quarantines.
(1)
All herds suspicious of CWD, in which one or more animals
are observed with signs which resemble the CWD profile, shall be reported
to a representative of the Commission. The herd shall be restricted by hold
order until the investigation and diagnosis have been completed.
(2)
Trace herds shall be restricted by hold order until
an epidemiologic investigation has been completed and the herd has met all
requirements specified in a herd plan.
(3)
CWD positive herds hall be restricted by quarantine
until the herd has met all requirements specified in a herd plan.
(4)
All suspicious, trace, and positive herds not complying
with the requirements of an investigation or herd plan shall be restricted
by quarantine.
(b)
Procedures in suspicious, trace and positive herds.
(1)
CWD suspicious animals shall be presented to a representative
of the Commission for the purpose of collection and submission of appropriate
samples to an official laboratory for diagnosis.
(2)
Disposition of a positive herd without evidence of
transmission within the herd as determined by TAHC or USDA epidemiologist
following completion of the investigation. A herd plan will be developed by
TAHC or USDA epidemiologist in consultation with the herd owner, and their
veterinarian (if requested by the owner). The herd plan shall include the
following requirements for a period of five years:
(A)
Routine visual inspection of all animals in the herd by
a TAHC or USDA veterinarian for the purpose of early detection of CWD suspicious
animals.
(B)
Annual verification of herd inventory by a TAHC or USDA
veterinarian.
(C)
Mandatory reporting of all CWD suspicious animals and all
death losses. Mortality in animals 16 months of age or older shall be shall
be immediately reported to a TAHC or USDA veterinarian for the purpose of
collection of appropriate samples for submission to an official laboratory
for CWD surveillance.
(D)
High risk animals must be removed from the herd and:
(i)
Humanely destroyed, tested for CWD, and disposed of as
specified in subsection (c) of this section, or
(ii)
Maintained under hold order for 48 months from the last
case of CWD.
(3)
Disposition of a positive herd with evidence
of transmission within the herd as determined by a TAHC or USDA epidemiologist
following completion of the investigation. A herd plan will be developed by
a TAHC or USDA epidemiologist in consultation with the owner, and their veterinarian
(if requested by the owner). The herd plan shall include the following requirements
for a period of five years:
(A)
Routine visual inspection of all animals in the herd by
a TAHC or USDA veterinarian for the purpose of early detection of CWD suspicious
animals.
(B)
Annual verification of herd inventory by a TAHC or USDA
veterinarian.
(C)
Mandatory reporting of all CWD suspicious animals and all
death losses. Mortality in animals 16 months of age or older shall be immediately
reported to a TAHC or USDA veterinarian for the purpose of collection of appropriate
samples for submission to an official laboratory for CWD surveillance.
(D)
High risk animals must be removed from the herd and:
(i)
Humanely destroyed, tested for CWD, and disposed of as
specified in subsection (c) of this section, or
(ii)
Maintained under hold order for 48 months from the last
case of CWD.
(E)
The herd shall remain under quarantine for 36 months from
the case of CWD.
(4)
Disposition of trace herds. A herd plan will
be developed by a TAHC or USDA epidemiologist in consultation with the owner,
and their veterinarian (if requested by the owner). The herd plan shall include
the following requirements for a period of three years:
(A)
Routine visual inspection of all animals in the herd by
a TAHC or USDA veterinarian for the purpose of early detection of CWD suspicious
animals.
(B)
Annual verification of herd inventory by a TAHC or USDA
veterinarian.
(C)
Mandatory reporting of all CWD suspicious animals and all
death losses. Mortality in animals 16 months of age or older shall be immediately
reported to a TAHC or USDA veterinarian for the purpose of collection of appropriate
samples for submission to an official laboratory for CWD surveillance.
(D)
High risk animals must be removed from the herd and:
(i)
Humanely destroyed, tested for CWD, and disposed of as
specified in subsection (c) of this section, or
(ii)
Maintained under hold order for 48 months from the last
potential exposure.
(c)
Destruction of suspicious and high risk animals. Animals
destroyed due to a presumptive diagnosis of CWD, including high risk animals
in positive and trace herds, shall be humanely euthanized, appropriate samples
collected to confirm the diagnosis, and disposed of by deep burial or incineration,
including all animal products, by-products, and contaminated materials:
(1)
on the premises where disclosed, or
(2)
at a facility approved by the executive director.
§40.3.Herd Status Plans for Cervidae.
Complete Monitored Herd.
(1)
Participating herds must have adequate perimeter fencing
to prevent ingress and egress of cervids.
(2)
Surveillance in participating herds is accomplished
by collection and submission of appropriate samples form all cases of mortality
in animals over 16 months of age. Exemptions are provided for animals consigned
to commercial slaughter operations with state or federal meat inspection.
(3)
An annual inventory in participating herds shall be
verified by a TAHC, USDA or Accredited veterinarian. All animals over one
year of age shall be identified with an official eartag or other approved
identification device. All animals less than one year of age shall be officially
identified on a change of ownership.
(4)
Herd status designation shall be assigned on the basis
of the number of years of participation provided that CWD is not confirmed
in the herd:
(A)
Level A - One full year of participation.
(B)
Level B - Two to three years of participation.
(C)
Level C - Four to five years of participation.
(D)
Level D - Six years or more of participation.
(5)
Additions to Complete Monitored Herd
(A)
Additions may originate from herds of equal or higher status
with no change in the status of the receiving herd.
(B)
Additions may originate from herds of lower status with
the receiving herd acquiring the lower status of the herd(s) involved.
§40.4.Entry Requirements.
(a)
Cervids that originate form herds not known to be affected
with or exposed to CWD may enter without restrictions, provided that:
(1)
the state of origin requires all suspicious or confirmed
cases of CWD be reported to the state veterinarian, and
(2)
the state of origin has the authority to restrict
movement of suspicious, trace and positive herds.
(b)
In addition to the requirements specified in subsection
(a) of this section, cervids that originate from positive or trace herds may
be approved for entry if an epidemiological investigation indicates the consignment
is at low risk of exposure to CWD, the herd of origin is not restricted by
quarantine or hold order, and the consignee agrees to comply with requirements
specified in §40.2(b) of this title (relating to General Requirements).
(c)
In addition to the requirements specified in subsections
(a) and (b) of this section, cervids that originate from herds located in
areas where CWD is known to be endemic in wildlife, the herd of origin must
have a CWD monitored status recognized in the state of origin with at least
one year of participation.
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 17, 1999.
TRD-9902839
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: June 27, 1999
For further information, please call: (512) 719-0714
Subchapter C. Eradication of Tuberculosis in Cervidae
Loan
Guaranty Program
] is to provide financial assistance to eligible agricultural
businesses
and to other agricultural-related rural economic development
projects
that otherwise would not be provided and that the board of
the Texas Agricultural Finance Authority (the Authority) considers to present
a reasonable risk and have a sufficient likelihood of repayment. The Authority
is mandated to support the expansion, development, and diversification of
production, processing, marketing, and exporting of Texas agricultural products
and to support other agricultural-related rural economic development projects
. These rules establish standards of eligibility and the application
procedures for the
Authority's financial assistance programs
[
loan guaranty program
].
a loan guaranty
]. A lender
may submit an application for any of the above-mentioned parties.
this program
].
10
] Equity--The applicant's
contribution to a project in the form of cash, land, or other depreciable
property.
11
] Fund--The Texas agricultural
fund.
12
] Interest rate--The interest
rate charged on a guarantied loan
or a direct loan
shall be no
less than the prime lending rate as published in the money rates section of
the Wall Street Journal (Southwest Edition) plus 2.0%, floating, unless approved
by the Board [
and the lender
].
The interest rate established
on a participation purchased by the Authority from an approved lender will
be the rate approved by the lender on the loan.
13
] Lender--A lending institution,
including a bank, banking association, savings
bank
[
and loan
association
], trust company, mortgage company, investment banker, credit
union, underwriter, life insurance company, or any affiliate of those entities,
and also including any other financial institution or governmental agency
that customarily provides financing of agricultural loans or mortgages, or
any affiliate of such an institution or agency, [
any nonprofit certified
development company,
] or any institution that the board determines is
an experienced and sophisticated lender.
14
] Loan guaranty amount--With
respect to loans made by a lender
and guaranteed by the Authority
,
a sum measured in terms of United States dollars that the Authority pays to
the lender to acquire an undivided interest in any loan or, in the case of
default by the borrower, the Authority agrees to pay to the lender, not to
exceed the percentage as stated in the guaranty agreement.
15
]
Programs
[
Program
]--
Any financial assistance program approved by the
[
The Texas Agricultural Finance
] Authority
board and defined
by these rules including the Direct Loan Program, the Participation Purchase
Program and the
Loan Guaranty Program.
16
] Project--An enterprise
which would further the expansion or development of [
innovative, diversified
or value added
] production, processing, marketing or exporting of Texas
agricultural products
or other agricultural-related rural economic development
project
.
17
] Qualified application--A
completed application, including all documents and information required by
the Authority and submitted by the lender
or applicant
[
on
behalf of an applicant
], for a project.
18
] Staff--The staff of the
Authority or staff of the department performing work for the Authority.
19
] State--The State of Texas
Civil Statutes,
Article 6252-17a
], shall indicate in writing the specific nature of
the document to be viewed, and if copies are desired.
state treasury
], may consist of general obligation bond or commercial
paper note proceeds, appropriations or transfers made to the fund, guaranty
fees, monies received from the operation of the program, interest paid on
money in the fund from the operation of the program, interest paid on money
in the fund and any other monies received from other sources for the fund.
The board may provide for the establishment and maintenance of separate accounts
within the fund, including loan guaranty program accounts as prescribed by
the board.
and
]
8
] the applicant provides evidence
satisfactory to the board that financial assistance is not otherwise available.
guaranteed loan
] may be used to
finance costs incurred in connection with the [
innovative, diversified,
or value-added
] production, processing, marketing, or export of Texas
agricultural products
or in connection with the development of other
agricultural-related rural projects
, including, but not limited to,
the costs of:
Costs
] which are not eligible include, but
are not limited to, refinancing of existing debt, where the refinancing will
improve the lender's position in the loan, whether classified or not, by allowing
for the refinancing of those projects through the program.
must
] use the application
forms provided by the Authority.
All applicants
] are required to obtain a commitment from
a lender
to participate in the direct loan program or the loan guaranty
program
before qualified applications will be accepted by the Authority.
Staff will be available prior to submission of the qualified application to
assist
lenders or
applicants in determining project eligibility.
The
] applicant and
/or the
lender
that they
may
appeal the determination of the staff to the
board
[
Board
], but shall have the burden of convincing the
board
[
Board
] that the minimum standards not met should be waived. The board
may, in its discretion, recommend the imposition of conditions and requirements
in connection with approval of a qualified application. Approval of a qualified
application will be by a majority of a quorum of the board, except for the
approval requirements identified in §28.10 (c) of this title (relating
to General Terms and Conditions of the Authority's Financial
Assistance
[
Commitment
]).
Applications submitted to the Authority
for the participation program will not be considered if the eligible project
does not meet the minimum underwriting standards established in the Credit
Policy and Procedures established by the Authority.
loan guaranty
]. The board
may set certain time limits regarding the acceptance of loan commitments by
the applicant and lender and time limits regarding the closing of loans by
the applicant and lender; however, in no event shall the time period exceed
30 days to accept the commitment and
90
[
180
] days to
close the loan, provided that the board may approve one additional extension
of the commitment for a period of no more than 60 days.
Under the loan
guaranty program, the
[
The
] lender will prepare the written
agreements and documents necessary to close the loan guaranty in accordance
with the terms and conditions set forth in the notice of conditional approval.
The Authority will send the lender and the applicant final notice of guaranty
approval after review of the closing documents by the Authority's legal counsel.
Under the direct loan program, the Authority will prepare the closing documents
in cooperation with the Authority's legal counsel and notify lender and/or
borrower of the closing date established.
The lender will disburse the
loan according to the terms of the note and/or loan agreement.
loan guaranties
] to businesses owned
by minorities and women.
and
] address
and telephone numbers
;
innovative, diversified or value-added
]
products or services will help
to expand,
develop
,
or
diversify Texas agriculture
or the rural economy of the state
;
Commitment ].
commitment
]. The Authority's financial
assistance
[
commitment
] is to be used to finance the project identified on the qualified
application.
loan guaranty
]. The Authority shall not provide financial assistance
to an applicant where the guarantied amount of the loan is less than $30,000.
loan guaranty
]. The Authority shall not provide a loan guaranty
or a participation purchased
to an applicant, including its affiliates,
that at any one time exceeds $2 million except that by a two-thirds vote of
the board
,
the total aggregate
participation purchase or
loan guaranty may exceed $2 million but may not exceed $5 million.
The assistance in the form of a loan guaranty shall not exceed 90% of the
total loan.
The Authority board will apply the following as a guideline
when approving loan guaranty applications: a guaranty may not exceed 75% on
guaranties of $2 million and over; a guaranty may not exceed 80% for guaranties
between $1 million and $1,999,999; a guaranty may not exceed 85% for guaranties
between $500,000 and $999,999; and a guaranty may not exceed 90% for guaranties
between $30,000 and $499,999. The financial assistance in the form of a guaranty
shall never exceed 90% of the total loan or $5 million, whichever is less.
Furthermore, the Authority may make, guaranty, insure, coinsure, or
reinsure a loan up to the limits described above for a single eligible business
which already has an active loan
and will consider the guaranty percentage
under which the active loan was guarantied,
if the action is approved
by a two-thirds vote of the members present.
The maximum direct loan
is $250,000 as established in §28.16(a) of this title (relating to Criteria
for a Direct Loan).
and
] the lender
, and/or the borrower
.
loan guaranty
]
fees
[
fee
] payable by the applicant to the Authority within ten days
of the initial funding of the loan. A nonrefundable application fee will be
required with the qualified application. If the qualified application is approved,
the application fee will be
credited
[
considered
] as
part of the
total
[
loan guaranty
]
fees
[
fee
]
charged
. Any and all legal fees incurred by the board
in issuing a
direct loan or loan
guaranty [
and participating
in any loan
] will be an obligation of the applicant.
loan guaranty
]. The lender, the applicant, and the commissioner of agriculture
or his designee may attend the verification and signing of the closing documents
as prepared by staff
and/or
[
and
] the lender.
statements
]
; payment receipts of personal property
taxes; and a statement of the annual employment of the applicant's business
to the lender.
Annual financial
[
Such
] statements
should be audited but, if not, they must be signed by the owner of the project.
Annual employment shall be expressed in terms of annual full-time equivalent
positions.
The lender shall submit these reports to the Authority. If
necessary
,
the Authority may request other reports or documentation
reasonably necessary
for
[
to
] an assessment of the applicant's
compliance with the program.
a ] Financial Assistance [ Loan Guaranty ].
loan
] can and will be paid back according to its terms.
In making this judgment the Authority may consider the following:
loan guaranty
];
loan
];
a loan
] must have a
continuing ability to evaluate, perform and service the loan; make the necessary
reports as identified in the rules of the program; and collect the loan, if
requested by the Authority, upon default. The lender must agree to exercise
due diligence in the servicing, maintenance, review, and evaluation of performance
without regard to the existence of participation by the Authority or any other
limitation of risk. The Authority reserves the right to refuse to enter into
[
loan guaranty
]
an agreement
[
agreements
]
with lenders which, in the judgment of the Authority, do not have the capacity
or interest to appropriately make and service the loan.
Program
], Texas
Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, (512) 475-1619.
shall
], among other things, obligate
the lender to service the loan even after an event of default.
participation
], the lender must retain an interest
of at least 10% in the principal amount of the
guarantied
loan
and agree to administer the loan in accordance with
the guaranty agreement,
the participation agreement and
this chapter and in such manner as if
there were no limitations of risk.
the program
] must submit a qualified application along
with a commitment letter to the Authority outlining the terms and conditions
of the proposed loan. The letter will show the name of the business, purpose
of the loan, amount and use of the funds, proposed closing date, and collateral
for the
financial assistance
[
loan guaranty amount
]
that the
applicant
[
lender
] is seeking from the Authority.
Loan Guaranty
] Administration.
loan guaranteed by the Authority
] under the
programs
[
program
]. Such authority shall include, without limitation,
the actions required to be taken by the Authority under any loan agreement,
any participation agreement [
any loan guaranty agreement,
] and
any other agreement entered into by the Authority concerning
financial
assistance provided
[
a loan guarantied
] by the Authority
[
under the program
].
Part II.
Texas Animal Health Commission
The confirmatory test procedures authorized for use are as follows.
]
(A)
Particle Concentration Fluorescence Immunoassay
(PCFIA).
] Interpretation of the PCFIA result is made in accordance with
the following.
(B)
Automated Complement Fixation (ACF).
]
Figure: 4 TAC 35.42 (a)(2)(B)
]
(c)
] Reclassification. Animals
may be reclassified by the designated epidemiologist when consideration and
evaluation of relevant bacteriologic, serologic, or epidemiologic evidence
justifies the reclassification.
Chapter 40.
Chronic Wasting Disease
Chapter 43.
Tuberculosis