Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 35.
BRUCELLOSIS
Subchapter A. ERADICATION OF BRUCELLOSIS IN CATTLE
4 TAC §35.2
The Texas Animal Health Commission (commission) adopts an
amendment to §35.2 concerning the Eradication of Brucellosis in Cattle,
without changes to the proposed text as published in the October 8, 1999,
issue of the
Texas Register
(24 TexReg 8673)
and will not be republished.
The requirement to restrict bulls under 18 months of age in infected quarantined
herds will bring commission regulations into conformity with the UM&R
and will reduce the risk of allowing an infected animal from moving out of
a quarantined herd.
No comments were received regarding adoption of the amendment.
The amendment is adopted 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 Chapter
163 of the Agriculture Code furnishes in §163.064 that the commission
may provide rules prescribing criteria for the classification of cattle for
the purpose of brucellosis testing.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
23, 1999.
TRD-9909034
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: January 12, 2000
Proposal publication date: October 8, 1999
For further information, please call: (512) 719-0714
4 TAC §45.1, §45.2
The Texas Animal Health Commission (TAHC) adopts a new Chapter
45 concerning Reportable Diseases with changes to the proposed text as published
in the August 13, 1999, issue of the
Texas Register
(24 TexReg 6158). The commission did receive two comments on the proposal
and in response to the comments has made some additions to provide greater
clarity for veterinarians. Section 45.2 will be republished to indicate this
change. Section 45.1 is adopted without changes and will not be republished.
One comment, from the Texas Veterinary Medical Association, was in regards
to what constitutes the existence of a disease? The commission believes that
the presence of a disease would be determined through a professional veterinarian's
study of the signs as well as appropriate clinical or laboratory support.
The commission recognizes that the confirmed existence of a disease that may
not be commonly seen by the veterinary practitioner is not an easily defined
task. The reason for the reporting requirement is to ensure that if there
is an outbreak of any of the listed diseases, the commission will be able
to respond quickly to ensure that the disease has minimal impact on other
livestock in the area and in the state.
The other comment was for the purpose of clarity and in order to give veterinarians
better guidance that the names of the causative agent should be listed beside
each disease. The commission concurs that by adding the causative agent next
to the reportable disease will benefit the veterinarians and makes that addition.
The reporting requirement for these diseases is only effective until the last
day of the 77th Texas legislative session and an asterisk is added to aid
the veterinary practitioner with this distinction.
House Bill (HB) 1244 was passed by the 76th Texas Legislative Session and
contains requirements related to the duty of a veterinarian to report specified
animal health diseases. This requirement amends the Texas Agriculture Code
Chapter 161, §161.101. The section, prior to HB 1244, required a veterinarian
to report to the commission the existence of any diseases specified by the
statute. HB 1244 is amending that section to repeal the existing list of diseases
and authorizing the commission to promulgate rules to specify those diseases.
The commission would note that in accordance with HB 1244 the following diseases
are ones which the commission has determined are to be reportable because
it is necessary for the protection of animal health in this state: Anthrax
(multiple Species disease); Scabies (Cattle): Chronic Wasting Disease (Cervidae);
Scabies (Sheep); Equine Encephalomyelitis (Horses); Equine Infectious Anemia
(Horses); Avian Influenza (List A) (Poultry); Avian Infectious Laryngotracheitis
(Poultry); Avian tuberculosis (Poultry); Duck virus hepatitis (Poultry); Duck
virus enteritis (Poultry) Infectious encephalomyelitis (Poultry); Ornithosis
(Poultry); and Paramyxovirus infections (Poultry). These diseases are being
adopted because reporting of these diseases are necessary in order to be protective
of animal health in Texas. For these specific diseases the rule will only
be effective through the last day of the 77th Texas legislative session unless
the rule is continued in effect by act of the legislature. These diseases
are denoted by an asterisk. The Section of HB 1244 which authorizes the commission
to specify the specific disease will not take effect until January 1, 2000.
Any diseases adopted by the commission as being reportable will not become
effective until after January 1, 2000.
The new sections are adopted 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. HB 1244, from the 76th Texas Legislative Session, provides in Sections
2 and Section 6 (b) that the commission has the authority to promulgate such
a rule. This piece of legislation is codified in §161.101.
§45.2.Duty To Report.
(a)
A veterinarian shall report the existence of the following
diseases among livestock, exotic livestock, domestic fowl, or exotic fowl
to the commission within 24 hours after diagnosis. The following listing includes
diseases and conditions that are Office International Des Epizooties List
A Diseases, Foreign Animal Diseases, National Program Diseases or Texas Animal
Health Commission Designated Diseases.
Figure: 4 TAC §45.2(a)
(b)
In addition to reporting the existence of a disease under
subsection (a), the veterinarian shall also report to the commission information
relating to:
(1)
the species and number of animals involved;
(2)
any clinical diagnosis or postmortem findings;
(3)
any death losses;
(4)
location; and
(5)
owner.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on December
23, 1999.
TRD-9909035
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: January 12, 2000
Proposal publication date: August 13, 1999
For further information, please call: (512) 719-0714
The Texas Animal Health Commission (commission) adopts the repeal
and replacement of §55.3, concerning Feeding of Garbage to Swine, without
changes to the proposed text as published in the October 8, 1999, issue of
the
Texas Register
(24 TexReg 8674) and will
not be republished. New §55.3 contains requirements for facilities which
feed garbage to swine.
House Bill (HB) 1244 was passed by the 76th Texas Legislative Session and
contains requirements related to Feeding Garbage to Swine. This legislation
amends the Texas Agriculture Code Chapter 165, §165.026(b). The legislation
provides greater specificity as to what the registration should address for
requirements as well as to provide the commission authority to assess a fee
for the registration. The legislation requires the commission to adopt rules
regarding the registration of persons who feed garbage to swine and to provide
requirements related to disease tests, inspections and bookkeeping. The purpose
of the rule is to insure that this type of facility has the adequate mechanisms
in place to prevent the introduction and spread of swine diseases.
The commission is to repeal the previous regulations in order to more clearly
indicate the applicable requirements through the rules being proposed. The
adopted rules will provide for a number of requirements which are for the
purpose of insuring that these facilities have the necessary mechanisms in
place to prevent the introduction and spread of diseases in swine. A summary
of those requirements are: 1.) prohibiting feeding of feral swine at registered
garbage feeding locations; 2.) ability of TAHC to require a brucellosis and
pseudorabies negative test prior to issuance of a permit; 3.) annual surveys
to be conducted by a commission representative to determine disease risk on
each registered location; and 4.) sanitation requirements for water.
HB 1244 provides that the commission may assess a registration fee; however,
the commission has determined that in order to insure compliance and in order
to not put undue hardship on these facilities, a fee will not be assessed.
The rule will become effective after adoption by the commission on February
1, 2000, in order to allow all facilities to become compliant with the requirements.
No comments were received regarding adoption of the rules.
4 TAC §55.3
The repeal is adopted 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. HB 1244,
from the 76th Texas Legislative Session, provides in Section 4 that the commission
has the authority to promulgate rules to register facilities that feed garbage
to swine. This authority is codified in Chapter 165, §165.026(b). Also, §165.022,
entitled "Method Of Disease Eradication" provides that the commission shall
adopt rules which are to further the purpose of eradicating swine disease.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
23, 1999.
TRD-9909036
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: January 12, 2000
Proposal publication date: October 8, 1999
For further information, please call: (512) 719-0714
The new section is adopted 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. HB 1244, from the 76th Texas Legislative Session,
provides in Section 4 that the commission has the authority to promulgate
rules to register facilities that feed garbage to swine. This authority is
codified in Chapter 165, §165.026(b). Also, §165.022, entitled "Method
Of Disease Eradication" provides that the commission shall adopt rules which
are to further the purpose of eradicating swine disease
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
23, 1999.
TRD-9909037
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: January 12, 2000
Proposal publication date: October 8, 1999
For further information, please call: (512) 719-0714
Chapter 45.
REPORTABLE DISEASES
Chapter 55.
SWINE
Chapter 60.
SCRAPIE