TITLE rule-review

Proposed Rule Reviews

Texas Animal Health Commission

Title 4, Part 2

The Texas Animal Health Commission (commission), will review and consider for readoption, revision, or repeal of Chapter 43, Subchapter C concerning Tuberculosis in Cervidae, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature. The rules to be reviewed are found in Chapter 43, Subchapter C which is located in Title 4, Part II, of the Texas Administrative Code and contain the following sections: §43.20 Definitions; §43.21 General Requirements; §43.22 Herd Status Plans for Cervidae; and §43.23 Requirements for Entry into Texas.

The commission finds reason for the rule to continue to exist but will consider comments related to whether reasons for re-adoption of these rules continue to exist, whether amendments or changes are needed, or whether repeal of the chapter is appropriate. Any changes to the rules will be proposed by the commission after reviewing the rules and considering the comments received in response to this notice. Any proposed rule changes will then appear in the "Rules Proposed" section of the Texas Register and will be adopted in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001. The comment period will last for 30 days beginning with the publication of this notice of intention to review. Comments or questions regarding this notice of intention to review may be submitted in writing, within 30 days following the publication of this notice in the Texas Register , to Edith Smith, P.O. Box 12966, Austin, Texas 78711-2966. They may also be sent by facsimile to (512) 719-0721 or by e-mail to "comments@tahc.state.tx.us." Comments will be reviewed and discussed in a future commission meeting.

TRD-9909084

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: December 30, 1999


The Texas Animal Health Commission (commission), will review and consider for readoption, revision, or repeal of Chapter 53 concerning Market Regulations, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature. The rules to be reviewed are found in Chapter 53 which is located in Title 4, Part II, of the Texas Administrative Code and contain the following sections: §53.1. Facilities; §53.2. Release of Animals; §53.3. Quarantine; §53.4. Market Identification; and §53.5. Market Recordkeeping.

The commission finds reason for the rule to continue to exist but will consider comments related to whether reasons for re-adoption of these rules continue to exist, whether amendments or changes are needed, or whether repeal of the chapter is appropriate. Any changes to the rules will be proposed by the commission after reviewing the rules and considering the comments received in response to this notice. Any proposed rule changes will then appear in the "Rules Proposed" section of the Texas Register and will be adopted in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001. The comment period will last for 30 days beginning with the publication of this notice of intention to review. Comments or questions regarding this notice of intention to review may be submitted in writing, within 30 days following the publication of this notice in the Texas Register , to Edith Smith, P.O. Box 12966, Austin, Texas 78711-2966. They may also be sent by facsimile to (512) 719-0721 or by e-mail to "comments@tahc.state.tx.us." Comments will be reviewed and discussed in a future commission meeting.

TRD-9909085

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: December 30, 1999


The Texas Animal Health Commission (commission), will review and consider for readoption, revision, or repeal of Chapter 55 concerning Swine, in accordance with the General Appropriations Act, Article IX, Section 167, 75th Legislature. The rules to be reviewed are found in Chapter 55 which is located in Title 4, Part II, of the Texas Administrative Code and contain the following sections: §55.01. Testing Breeding Swine Prior to Sale or Change of Ownership; §55.2. Prohibition on the Use of Modified Live Virus Hog Cholera Vaccine; §55.3. Feeding of Garbage; §55.4. Livestock Markets Handling Swine; §55.5 Pseudorabies; §55.6. Entry Requirements; §55.7. Slaughter Plant Requirements; §55.8. Dealer Recordkeeping; and §55.9. Feral Swine.

The commission finds reason for the rule to continue to exist but will consider comments related to whether reasons for re-adoption of these rules continue to exist, whether amendments or changes are needed, or whether repeal of the chapter is appropriate. Any changes to the rules will be proposed by the commission after reviewing the rules and considering the comments received in response to this notice. Any proposed changes will then appear in the "Rules Proposed" section of the Texas Register and will be adopted in accordance with the requirements of the Administrative Procedure Act, Texas Government Code Annotated, Chapter 2001. The comment period will last for 30 days beginning with the publication of this notice of intention to review. Comments or questions regarding this notice of intention to review may be submitted in writing, within 30 days following the publication of this notice in the Texas Register , to Edith Smith, P.O. Box 12966, Austin, Texas 78711-2966. They may also be sent by facsimile to (512) 719-0721 or by e-mail to "comments@tahc.state.tx.us." Comments will be reviewed and discussed in a future commission meeting.

TRD-9909086

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: December 30, 1999


Finance Commission of Texas

Title 7, Part 1

In accordance with House Bill 1, the Appropriations Act, Article IX, Section 167 ("Section 167"), the Texas Finance Commission (the "commission") is undertaking a comprehensive review of 7 TAC, Subchapter B, §§1.301 1.305, concerning Appeal From Orders to Desist or To Refrain; Notice in Written Contracts; Annual Fee by Holders, Creditors, and Assignees; Notice and Processing Periods for Permit Applications; and Interpretations and Advisory Letters.

All comments and questions should be addressed to Leslie L. Pettijohn, Commissioner, Office of Consumer Credit Commissioner, 2601 North Lamar Boulevard, Austin, Texas 78705-4207; fax to 512/936-7610; or e-mail to leslie_pettijohn@occc.state.tx.us.

TRD-9909046

Leslie L. Pettijohn

Commissioner

Finance Commission of Texas

Filed: December 27, 1999


Texas Department of Health

Title 25, Part 1

The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 13. Health Planning and Resource Development, Subchapter A. Federal Laws and Regulations Governing Texas Public Health Services, §§13.1 - 13.3.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department. The review of all rules must be completed by August 31, 2003.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption or repeal by the department.

TRD-9909072

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: December 29, 1999


The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 61, Chronic Diseases, Subchapter B. Diabetic Eye Disease Detection Initiative, §§61.21 - 61.24; and Subchapter C. Breast and Cervical Cancer Control Program, §§61.31 - 61.42.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department. The review of all rules must be completed by August 31, 2003.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption or repeal by the department.

TRD-9909073

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: December 29, 1999


The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 91, Cancer, Subchapter A. Cancer Registry, §§91.1 - 91.14; and Subchapter B. Prostrate Advisory Committee, §91.21.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department. The review of all rules must be completed by August 31, 2003.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption or repeal by the department.

TRD-9909074

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: December 29, 1999


The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 109, Texas Department of Health Hospitals, Subchapter A. Hospital and Medical Staff Bylaws, §§109.1 - 109.7, and 109.15, and Subchapter B. Tuberculosis, §§109.25 - 109.31.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department. The review of all rules must be completed by August 31, 2003.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption or repeal by the department.

TRD-9909075

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: December 29, 1999


The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 134, Private Physchiatric Hospitals and Crisis Stabilization Units, Subchapter A. General Provisions, §§134.1 - 134.3; Subchapter B. Application and Issuance of a License, §§134.11 - 134.14; Subchapter C. Operational Requirements, §§134.21 - 134.23; Subchapter D. Physical Plant and Life Safety Code, §§134.51 - 134.54; Subchapter E. Enforcement, §§134.71 - 134.73; Subchapter F. Internal Investigation, §134.91; and Subchapter G. Cooperative Agreements, §134.101.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department. The review of all rules must be completed by August 31, 2003.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption or repeal by the department.

TRD-9909076

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: December 29, 1999


The Texas Department of Health (department) will review and consider for readoption, revision or repeal Title 25, Texas Administrative Code, Part I, Chapter 289, Radiation Control, Subchapter C. Texas Regulations for Control of Radiation, §§289.118 - 289.119, and Subchapter F. License Regulations, §§289.251, 289.253, 289.256, and 289.258.

This review is in accordance with the requirements of the Texas Government Code, §2001.039, the General Appropriations Act, Article IX, §9-10.13, 76th Legislature, 1999.

An assessment will be made by the department as to whether the reasons for adopting or readopting these rules continue to exist. This assessment will be continued during the rule review process. Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the department. The review of all rules must be completed by August 31, 2003.

Comments on the review may be submitted in writing within 30 days following the publication of this notice in the Texas Register to Linda Wiegman, Office of General Counsel, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Any proposed changes to these rules as a result of the review will be published in the Proposed Rule Section of the Texas Register and will be open for an additional 30 day public comment period prior to final adoption or repeal by the department.

TRD-9909067

Susan K. Steeg

General Counsel

Texas Department of Health

Filed: December 29, 1999


Texas State Board of Pharmacy

Title 22, Part 15

The Texas State Board of Pharmacy proposed to review Chapter 291 (§§291.31-291.34), concerning Community Pharmacy (Class A), pursuant to the Appropriations Act, Section 167. In conjunction with this review, the agency is proposing amendments to Chapter 291 (§§291.31-291.34) published elsewhere in this issue of the Texas Register .

Comments on the proposal may be submitted to Steve Morse, R.Ph., Director of Compliance, Texas State Board of Pharmacy, 333 Guadalupe Street, Austin, Texas 78701.

TRD-9909021

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Filed: December 23, 1999


Texas Department of Public Safety

Title 37, Part 1

The Texas Department of Public Safety (DPS) files this notice of intention to review Chapter 28 - DNA Database; Chapter 29 - Practice and Procedure; Chapter 31 - Motorcycle Operator Training; Chapter 32 - Bicycle Safety and Education Program; and Chapter 33 - All-Terrain Vehicle pursuant to the Appropriations Act of 1997, House Bill 1, Article IX, Section 167.

As part of this review process, the DPS is proposing the repeal of Chapter 29 §§29.01-29.49 and §§29.101-29.157. The DPS is proposing amendments to Chapter 31 §§31.1, 31.4, 31.6, and 31.9-31.11. Amendments to Chapter 32 are §32.2. Amendments to Chapter 33 are §§ 33.1-33.5 and the repeal of §33.6. The proposed amendments and repeals may be found in the Proposed Rules section of the Texas Register . The DPS will accept comments on the Section 167 requirements as to whether the reason for adopting the rules continues to exist in the comments filed on the proposed amendments.

DPS is not proposing any changes to Chapter 28; Chapter 29: §29.201; Chapter 31: §§31.2, 31.3, 31.5, 31.7, and 31.8; Chapter 32: §§ 32.1, and 32.3-33.8. Comments regarding the Section 167 requirements as to whether the reason for adopting these sections of Chapters 18, 29, 31, and 32 continues to exist, may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512)424-2890 within 20 days after publication of this notice of intention to review.

Any questions pertaining to this notice of intention to review should be directed to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

TRD-9908986

Dudley M. Thomas

Director

Texas Department of Public Safety

Filed: December 22, 1999


Texas Workers' Compensation Commission

Title 28, Part 2

The Texas Workers' Compensation Commission files this notice of intention to review the rules contained in Chapter 124 concerning Carriers Required Notices and Mode of Payment and Chapter 143 concerning Dispute Resolution Review by the Appeals Panel. This review is pursuant to the General Appropriations Act, Article IX, §167, 75th Legislature, the General Appropriations Act, Section 9-10, 76th Legislature, and Texas Government Code §2001.039 as added by SB-178, 76th Legislature.

The agency's reason for adopting the rules contained in these chapters continues to exist and it proposes to readopt these rules.

Comments regarding the requirement as to whether the reason for adopting these rules continues to exist must be received by 5:00 p.m. on February 7, 2000, and submitted to Donna Davila, Office of General Counsel, Mailstop #4-D, Texas Workers' Compensation Commission, Southfield Building, 4000 South IH 35, Austin, Texas 78704-7491.

§124.1 Notice of Injury

§124.2 Carrier Reporting and Notification Requirements

§124.5 Mode of Payment Made by Carriers

§124.6 Notice of Refused or Disputed Claim

§124.7 Initial Payment of Temporary Income Benefits

§143.1 Definitions

§143.2 Description of the Appeal Proceeding

§143.3 Requesting the Appeals Panel to Review the Decision of the Hearing Officer

§143.4 Responding to a Request for Review by the Appeals Panel

§143.5 Decision of the Appeals Panel

TRD-9909066

Susan Cory

General Counsel

Texas Workers' Compensation Commission

Filed: December 29, 1999


Adopted Rule Reviews

Texas Animal Health Commission

Title 4, Part 2

The Texas Animal Health Commission (commission) has completed the review of Chapter 36, concerning Exotic Livestock and Fowl, in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. The rules are located in Title 4, Part II, of the Texas Administrative Code and contain the following sections: §36.1, Definitions and §36.2, General Requirements. The notice of review was published in the August 20, 1999, issue of the Texas Register (24 TexReg 6377).

The commission received two letters with several comments on this chapter. The commission responds to the following comments. The first comment letter was submitted by Gladys Porter Zoo. The first comment was in regards to §36.1 in the definition for Camelidae contains the use of lamas and llama. The commission appreciates the comment and would state that Lama indicates the genus of the animal being regulated, which is being correctly utilized; however, where the definition indicates the species, the rule will be changed to reflect the correct spelling of llama. Their second comment was in regard to the definition for ratite and whether or not a "moa" is extinct and should be deleted. The commission appreciates the comment and is aware that the moa is extinct, but the reference definition that the agency utilized for this chapter contained "moa" as part of its definition of "ratites" and at that time the commission elected to keep the same definition. However, in order to avoid any future confusion, it will be deleted when the rule is proposed for change at a future commission meeting. Also, a comment identified "cassowaries" and "rheas" as being possibly added to the definition of Ratites. The definition was not intended to be all inclusive, but in order to provide greater guidance regarding the definition, these species, cassowaries and rheas, will be added as a proposed change to the rule to be considered at a future commission meeting. They commented that in §36.2(c)(3) under the species for "camelidae" it is noted that they are frequently reactors. Although these animals are more frequently found to be "responders" to the screening tests than cattle, we have not been aware of a greater frequency of animals classified as Reactors to the confirmatory comparative tuberculin tests. Also, the commission received comments from the North American Deer Farmers Association. Their first comment was in regard to §36.2. General Requirements that the current version of the TB UM&R as published in the Code of Federal Regulations on January 1, 1999, should include or reference any recommended amendments made at the USAHA TB Committee meeting. The commission appreciates the comment but would note that our current regulations are consistent with the rules published in the Federal Register, and the agency will update these rules to reflect adopted changes to the federal rules when they are published. Their other comment was for §31.2(d) which provides that the Executive Director of the TAHC may require an inspection or test for detection of a disease or parasite if it has been determined that there is a risk of disease. They recommend a statement be added at the end which states "...in which case, the livestock owners will be notified of such detection so that they may protect themselves from further importations." Their intent is that this be accomplished by contacting the appropriate livestock associations. The commission appreciates the comment and would note that the commission as part of its normal business practices notifies the herd owner, key commissioners who represent the affected industries, and key industry contacts. As this is reflected in current practice, the commission does not consider it necessary to put it into the rule.

The commission readopts these sections pursuant to the requirements of the General Appropriations Act, Article IX, §167, 75th Legislature and finds reasons for adopting these rules continue to exist.

This concludes the review of Chapter 36, Exotic Livestock and Fowl.

TRD-9909030

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: December 23, 1999


The Texas Animal Health Commission (commission) has completed the review of Chapter 39 concerning Scabies, in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. The rules are located in Title 4, Part II, of the Texas Administrative Code and contains the following sections: §39.1, Definitions; §39.2, Psoroptic Scabies in Infested Herds; §39.3, Sarcoptic Scabies in Infested Herds; §39.4, Livestock Exposed to Psoroptic or Sarcoptic Scabies; §39.5, Quarantines and Release; §39.6, Duties of Owners or Caretakers of Livestock Infested with or Exposed to Scabies; §39.7, Livestock at Shows, Fairs, and Exhibitions; §39.8, Permitted Dips for Scabies and Mange Mite Eradication; §39.9, Chorioptic Mange and §39.10, Interstate Movement Requirements for Livestock. The notice of review was published in the August 20, 1999, issue of the Texas Register (24 TexReg 6377).

No comments were received on this chapter.

The commission readopts these sections pursuant to the requirements of the General Appropriations Act, Article IX, §167, 75th Legislature, and finds reasons for adopting these rules continue to exist.

This concludes the review of Chapter 39, Scabies.

TRD-9909031

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: December 23, 1999


The Texas Animal Health Commission (commission) has completed the review of Chapter 41, concerning Fever Ticks, in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature, 1997. The rules are located in Title 4, Part II, of the Texas Administrative Code and contain the following sections: §41.1, Tick Eradication and §41.2, Quarantine Line; Defining and Establishing Tick Eradication Areas. The notice of review was published in the August 20, 1999, issue of the Texas Register (24 TexReg 6377).

The commission received one letter with numerous comments focused on providing greater clarity to the rules. The letter, submitted by the Cattle Fever Tick Research Laboratory, stated that the regulations were well done and very thorough but made several suggestions in order to make them clearer and easier to understand. The commission responds to these as comments and appropriate changes will be proposed at a later commission meeting.

The first comment was to have all distinct titles for each section underlined. The commission appreciates the comment but under the formatting requirements of the Texas Register that would not be allowable.

The second comment was that the rule provides in several places "authorized representatives of the commission" are utilized to provide authority to carry out the objectives of the rules. It was suggested that the term be changed to "the commission or its authorized representative" and that the phrase be utilized to a greater extent in the regulations in order to convey this point. The commission appreciates the comment but feels like the current phrase covers the same intent as the recommended change as well as provides the necessary authority for the authorized representative to act under the rules.

The third comment is regarding the definition of adjacent premise which provides that an epidemiologist has the ability to exempt a premise from adjacent premise status. It also addressed whether it would be appropriate to broaden the authority to allow other authorized representatives to perform that function. The commission appreciates the comment but feels that rules require or limit the authority to an epidemiologist for a reason. An epidemiologist has very specialized training for performing this function and the commission feels that it is appropriate to limit that determination to an epidemiologist.

As a fourth comment it was suggested that the phrase "game proof fence", which is used in the definition for "adjacent premise", should have a specific definition. To date the commission has not experienced any problem with anyone understanding and properly obtaining a game proof fence. It is a term which is widely understood as designating a specific type of fence and there has not been a problem in making an assessment of an adjacent premise.

The fifth comment is that the definition for "exposed livestock" should be structured in such a manner as to specifically identify each individual factor utilized in defining exposed livestock. The commission appreciates the comment but feels like the current definition is clear as the commission has not experienced significant misreading of the rule for regulatory purposes. However, the commission will be making some changes to the current rule at a future meeting and at that time will give consideration to re-evaluating the form and structure of all the definitions.

The sixth comment follows the fourth comment with the same recommendation that it would be clearer and easier to understand if certain definitions were put in an outline form rather than a current narrative format. The commission would provide the same response as given to the fourth comment.

The seventh comment suggests that the definition for "infested livestock" would be clearer in outline form. The commission would provide the same response as given to the fourth comment.

Comment eight suggests that in the requirements for "movement of livestock" there should be a better explanation on the meaning of "wet". The commission appreciates the comment but to date the commission has not experienced any problem with anyone understanding and properly complying with the requirement. As it is necessary for a certificate of movement to be issued to the herd owner prior to movement, it affords the commission or its authorized representative the ability to ensure compliance with this requirement if an animal gets wet.

Comment nine is in regards to the same requirements for "movement of livestock" and states the commission should address the possibility in the event that cattle are exposed to rain or get in a stock tank. The commission would note that it has not experienced any problems in compliance with this requirement. The rules currently provide that if it rains and the dip is washed off prior to drying, then another dip is required. As such, the commission considers the current rules to be sufficient.

Comment ten suggests putting into outline form the definition for "restrictions on movement of livestock." The commission would provide the same response as given to the fourth comment.

The eleventh comment is that for §41.1(e), "restrictions on movement of livestock", that the last listed requirement may be repeating an earlier requirement. The commission appreciates this comment and concurs that the requirement has been repeated. The commission will delete this duplication when changes are proposed to the rules at a future commission meeting.

Comment twelve addresses the definition "restrictions on movement of livestock" and is specifically regarding "movement originating in other states." The term "disinfected" is used but it should be "disinfested." The commission appreciates this comment and concurs that "disinfested" is a more appropriate term for the rule. The commission will make this change when changes are proposed to the rules at a future commission meeting.

Comment thirteen suggests in §41.1(g) to change some awkward wording in dipping livestock with the official dip. The commission would provide the same response as given to the fourth comment.

Comment fourteen is focused on §41.1(l) and states that we should be clearer on insuring that the inspection of cattle for reloading is done in the presence of an authorized representative of the commission. The commission appreciates this comment and concurs that the requirement can be clarified so as to insure compliance. The commission will make this change when changes are proposed to the rules at a future commission meeting.

Comment fifteen in §41.2 states that the name of each county should be underlined. The commission appreciates the comment but under the formatting requirements of the Texas Register that would not be allowable.

The comments regarding the "Cattle Fever Tick Task Force" are appreciated and any comments with which the commission concurs with will be proposed in a future commission meeting along with recommended changes.

The commission readopts these sections pursuant to the requirements of §167 of the General Appropriations Act, and finds reasons for adopting these rules continue to exist.

This concludes the review of Chapter 41, Fever Ticks.

TRD-9909032

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: December 23, 1999


The Texas Animal Health Commission (commission) has completed the review of Chapter 57, concerning Poultry, in accordance with the General Appropriations Act, Article IX, §167, 75th Legislature. The rules are located in Title 4, Part II, of the Texas Administrative Code and contains the following sections: §57.10, Definitions and §57.11, General Requirements. The notice of review was published in the August 20, 1999, issue of the Texas Register (24 TexReg 6377).

Only one comment was received on this chapter. The comment simply stated that they were supportive of this chapter.

The commission readopts these sections pursuant to the requirements of the General Appropriations Act, Article IX, §167, 75th Legislature, and finds reasons for adopting these rules continue to exist.

This concludes the Review of Chapter 57, Poultry.

TRD-9909033

Gene Snelson

General Counsel

Texas Animal Health Commission

Filed: December 23, 1999