Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 169.
ZOONOSIS CONTROL
Subchapter A. RABIES CONTROL AND ERADICATION
25 TAC §169.22, §169.26
The Texas Department of Health (department) adopts amendments
to §169.22 and §169.26, concerning rabies control and eradication.
Section 169.22 and §169.26 are adopted with changes to the proposed text
as published in the August 9, 2002, issue of the
Texas Register
(27 TexReg 6981).
The sections are amended to clarify previous rules and implement the intent
of the Texas Legislature that animal impoundment facilities meet minimum standards
as reflected in Texas Health and Safety Code, §826.051(b). Impoundment
facilities that meet minimum standards should protect the animals from injury
and prevent transmission of diseases.
The Texas Board of Health determined that an amendment be included in §169.26
to delay the effective date until January 16, 2005, for animal impoundment
facilities in counties with a population less than 75,000 to be in compliance
with the minimum standards set forth in §169.26. New language was added
as subsection (g) in §169.26.
The following comments were received concerning the proposed sections.
Following the comments are the department's responses and any resulting change(s).
Comment: One commenter was generally in favor of the proposed rule but
recommended that a definition for impoundment facility be added to §169.22.
Response: The department agrees with the commenter and has added new language
to §169.22 in order to define impoundment facility.
Comment: Concerning §169.26(f), twenty-three commenters were opposed
to the proposed rule because they were concerned it would impose prohibitive
expenses on cities in counties with a population less than 75,000, and it
would adversely affect animal control programs in those counties.
Response: The department does not agree with the commenters and responds
that the proposed language is presented to implement Texas Health and Safety
Code, §826.051, Rabies Control Act, in which the Texas Board of Health
is mandated to set standards for both quarantine and impoundment facilities.
All cities and counties must adhere to Chapter 826 and its rules. Regional
department staff routinely work with animal shelters to suggest economical
ways to meet minimum standards. Failure to meet these standards jeopardizes
the health of the general public and the animals, the safety and health of
the employees, and compliance with state animal cruelty laws (Penal Code, §42.09).
No changes were made as a result of these comments.
Comment: Concerning §169.26(f), one commenter was concerned that if
the standards are minimized, shelter conditions would deteriorate.
Response: The department agrees with the commenter but believes the commenter
does not understand the meaning of minimum standards in the proposed text.
The proposed language does not minimize the standards that are in place. It
provides clarification that impoundment facilities must meet these basic,
or minimum, standards. No changes were made as a result of these comments.
Comment: One hundred forty-three commenters supported the proposed amendments
to §169.22 and §169.26 in their entirety.
Response: The department agrees with the commenters. No changes were made
as a result of these comments.
Comment: One commenter stated that there is confusion concerning the Health
and Safety Code, Chapters 823 and 826 and the exemption of counties with a
population under 75,000 (found in Health and Safety Code, §823.002) is
not clear. The commenter said clarification should not be by a state agency.
Rather, clarification should be via the state legislature.
Response: The department does not agree with the commenter and feels that
the Health and Safety Code, §826.051 is being correctly interpreted and,
therefore, minimum standards for all impoundment facilities are required.
Section 823.002 exempts "animal shelters" in less populous counties, but the
department's authority to establish these standards comes from a separate
chapter of the Health and Safety Code (826). No changes were made as a result
of this comment.
Commenters in favor of §169.22 and §169.26 in their entirety
as proposed were Texas Humane Legislation Network, Texas Federation of Humane
Societies, Animal Outreach Association, Waco Humane Society, Baytown Humane
Society, Humane Society of the United States, Humane Society of Smith County,
Humane Society of Greater Dallas, Brazos Animal Shelter, Tyler Animal Control,
Fort Bend Animal Control, City of North Richland Hills, City of Fort Worth,
Hill Country SPCA, Texas Animal Control Association, Mansfield Animal Control,
City of Burleson, Humane Society of Odessa, Rosenberg Animal Control, Protective
Animal League, River Oaks Police Department, Houston Humane Society, Rita
B. Huff Animal Shelter, City of White Settlement, City of Palacios, ARK-Kingsville,
Jasper Animal Rescue, Kleburg Animal Rescue, Kleburg County Health Board,
Humane Society of Deaf Smith County, and Red River County Humane Society.
In addition, numerous individuals commented. One commenter suggested a recommendation
for change in §169.22 as discussed in the summary of comments.
Commenters opposed to §169.26(f) (as proposed) were Senator Teel Bivins,
Senator Todd Staples, Representative Ron Clark, Texas Municipal League, City
of Bonham, City of Rocksprings, City of Roby, City of LaFeria, City of Hemphill,
and City of Stockdale, City of Floydada, City of Valley Mills, City of Weimar,
City of George West, City of Cuero, City of Van Horn, City of DeLeon, City
of Gatesville, City of Seymour, City of Ganado, City of Eagle Pass, City of
Navasota, and City of Crandall.
The amendments are adopted under Texas Health and Safety Code,
Chapter 826, "Rabies," §826.011, which provides the Texas Board of Health
(board) with the authority to administer the rabies control program and adopt
rules necessary to effectively administer this program; §826.051, which
requires the department to adopt rules governing the types of facilities that
may be used to quarantine or impound animals; and §12.001, which provides
the board with the authority to adopt rules for the performance of every duty
imposed by law on the board, the department, and the commissioner of health.
§169.22.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Animal--Any mammal, domesticated or wild.
(2)
Assistance dog--A dog that is specially trained or equipped
to help a person with a physical challenge and that:
(A)
is used by a person with a physical challenge who has satisfactorily
completed a specific course of training in the use of the dog; and
(B)
has been trained by an organization generally recognized
by agencies involved in the rehabilitation of persons with a physical challenge
as reputable and competent to provide dogs with training of this type.
(3)
Cat--Any Felis catus.
(4)
Currently vaccinated--Vaccinated and satisfying the following
criteria.
(A)
The animal must have been vaccinated against rabies as
prescribed by the United States Department of Agriculture (USDA).
(B)
At least 30 days have elapsed since the initial vaccination.
(C)
Not more than 12 months have elapsed since the most recent
vaccination.
(5)
Custodian--A person or agency which feeds, shelters, harbors,
has possession or control, or has the responsibility to control an animal.
(6)
Department--The Texas Department of Health (TDH).
(7)
Dog--Any Canis familiaris, including hybrids.
(8)
Domestic animal--Any animal normally adapted to live in
intimate association with humans or for the advantage of humans.
(9)
Domestic dog--Any Canis familiaris, excluding hybrids.
(10)
Domestic ferret--Any Mustela putorius furo.
(11)
High risk animals--Those animals which have a high probability
of transmitting rabies; they include skunks, bats, species of foxes indigenous
to North America, coyotes, and raccoons.
(12)
Housing facility--Any room, building, or area used to
contain a primary enclosure or enclosures.
(13)
Humanely killed--To cause the death of an animal by a
method which:
(A)
rapidly produces unconsciousness and death without visible
evidence of pain or distress; or
(B)
utilizes anesthesia produced by an agent which causes painless
loss of consciousness, and death following such loss of consciousness.
(14)
Hybrid--Any offspring of two animals of different species.
(15)
Impoundment--The collecting or confining of an animal
because of a state or local ordinance or because of a contract with a county
or municipality.
(16)
Impoundment facility--An enclosure or a structure in which
an animal is collected or confined because of a state law or local ordinance
or because of a contract with a county or municipality.
(17)
Isolation--The separation of an animal exposed or potentially
exposed to rabies.
(18)
Local rabies control authority--The officer designated
by the municipal or county governing body under the Texas Health and Safety
Code, Chapter 826.
(19)
Low risk animals--Those which have a low probability of
transmitting rabies; they include all animals of the orders Marsupialia, Insectivora,
Rodentia, Lagomorpha, and Xenarthra.
(20)
Observation period--The time following a bite incident
during which the biting animal's health status must be monitored. The observation
period for domestic dogs, cats, and domestic ferrets (only) is 10 days (240
hours); the observation period for other animals, not including those defined
as high risk or low risk, is 30 days.
(21)
Police dog--Domestic dog that is owned or employed by
a governmental law enforcement agency.
(22)
Primary enclosure--Any structure used to immediately restrict
an animal or animals to a limited amount of space, such as a room, pen, run,
cage, compartment, or hutch.
(23)
Public health region--A contiguous group of Texas counties,
so designated by the board.
(24)
Quarantine facility--A structure where animals are held
for rabies observation.
(25)
Quarantine period--That portion of the observation period
during which a biting animal is physically confined for observation as provided
for in §169.27 of this title (relating to Quarantine Method and Testing).
(26)
Sanitize--To make physically clean and to destroy disease-producing
agents.
(27)
Therapy dog--A dog that helps a person with a diagnosed
emotional disorder for whom a letter has been issued by a physician stating
that the removal of the animal would be detrimental to the person's emotional
health.
(28)
Unowned animal--Any animal for which an owner has not
been identified.
(29)
Vaccinated--Properly injected by a licensed veterinarian
with a rabies vaccine licensed for use in that species by the United States
Department of Agriculture.
(30)
Zoonosis Control Division (ZCD)--The division within the
Texas Department of Health to which the responsibility for implementing these
rules is assigned.
(31)
Zoonosis control representative--Any person employed by
the ZCD.
§169.26.Facilities for the Quarantining or Impounding of Animals.
(a)
Generally.
(1)
Structural strength. Housing facilities shall be structurally
sound and shall be maintained in good repair in order to protect the animals
from injury, to contain them, and to prevent transmission of diseases.
(2)
Water and electric power. Reliable and adequate electric
power, if required to comply with other provisions of these sections, and
adequate potable water shall be available.
(3)
Storage. Supplies of food and bedding shall be stored in
facilities which adequately protect such supplies against infestation or contamination
by vermin. Refrigeration shall be provided for supplies of perishable food.
(4)
Waste disposal. Provision shall be made for the removal
and disposal of animal and food wastes, bedding, dead animals, and debris.
Disposal facilities shall be so provided and operated as to minimize vermin
infestations, odors, and disease hazards. A suitable method shall be provided
to rapidly and safely remove water and other liquid waste from housing facilities.
Housing facilities should be designed to have animal excreta removed through
sanitary sewers, septic systems, or garbage. All closed drainage systems should
be equipped with traps, vents, and acceptable drain covers to exclude rodents
and prevent any backup of sewer gas and odors into the facility.
(5)
Washrooms and sinks. Facilities for personal hygiene, such
as washrooms, basins, or sinks, shall be provided for employees.
(6)
Management. The manager of a quarantine facility should
be either a licensed veterinarian or an individual who has satisfactorily
completed an appropriate TDH training course.
(7)
Records. Records shall be kept on each animal processed
through the housing facility. At a minimum, the records shall document the
animal's description, impoundment date, disposition date, and method of disposition.
Records shall be available for inspection by the department.
(8)
Heating. Adequate shelter shall be provided to protect
animals from any form of cold or inclement weather and direct effects of wind,
rain, or snow. Auxiliary heat or clean, dry bedding material shall be provided
any time the ambient temperature falls below 50 degrees Fahrenheit (10 degrees
Celsius) for more than four consecutive hours when animals are present. If
bedding material is used, larger quantities should be used as temperatures
drop.
(9)
Cooling and Ventilation. Adequate shelter shall be provided
to protect animals from any form of overheating and direct rays of the sun.
Facilities shall be provided with fresh air either by means of windows, doors,
vents, fans, or air conditioning and shall be ventilated so as to minimize
drafts, odors, and moisture condensation. Auxiliary ventilation, such as fans
or air conditioning, shall be provided in indoor facilities when the ambient
temperature is 85 degrees Fahrenheit (29.5 degrees Celsius) or higher.
(10)
Lighting. Housing facilities shall have ample light of
sufficient intensity to permit routine inspection and cleaning. Primary enclosures
shall be situated to protect the animals from excessive illumination.
(11)
Construction. Housing facilities must be constructed in
such a manner that they will protect the animal and not create a health risk
or public nuisance. The building surfaces shall be constructed and maintained
so that they are impervious to moisture and may be readily sanitized. Floors
shall be made of durable, nonabsorbent material.
(12)
Primary enclosures. Primary enclosures shall:
(A)
be structurally sound and maintained in good repair;
(B)
provide convenient access to clean food and water;
(C)
enable the animal to remain dry and clean;
(D)
be constructed and maintained so that they are impervious
to moisture and may be readily sanitized;
(E)
be constructed so as to protect the animal's feet and legs
from injury; and
(F)
provide sufficient space to allow each animal to turn around
fully, stand, sit, and lie in a comfortable normal position.
(b)
Feeding.
(1)
Dogs and cats shall be fed at least once a day except as
directed by a licensed veterinarian. The food shall be free from contamination,
wholesome, palatable, and of sufficient quality and nutritive value to meet
the normal daily requirements for the condition and size of the dog or cat.
(2)
Domestic ferrets shall have 24-hour access to food. The
food shall be free from contamination, wholesome, palatable, and of sufficient
quality and nutritive value to meet the normal daily requirements for the
condition, size, and age of the domestic ferret.
(3)
Food receptacles shall be accessible to all dogs, cats,
and domestic ferrets and shall be located so as to minimize contamination
by excreta. Food pans or bowls shall be durable and kept clean and sanitary.
Disposable food receptacles may be used but must be discarded after each feeding
or for domestic ferrets, after 24 hours of use. Self feeders may be used for
feeding dry pet foods and shall be kept clean and sanitary.
(c)
Watering. If potable water is not accessible to dogs and
cats at all times, it shall be offered to them at least twice daily for periods
of not less than one hour, except as directed by a licensed veterinarian.
Domestic ferrets shall have potable water accessible at all times, provided
in drinking bottles of appropriate size to maintain a fresh supply. Water
receptacles shall be kept clean and sanitary.
(d)
Sanitation.
(1)
Cleaning of primary enclosures. Excreta shall be removed
from primary enclosures as often as necessary to prevent contamination of
the inhabitants, but not less than daily.
(2)
Sanitation of primary enclosures. Cages, rooms, and pens
shall be maintained in a sanitary condition.
(3)
Building and premises. Building and premises shall be kept
clean.
(e)
Pest Control. A regular program for the control of insects,
ectoparasites, and other pests shall be established and maintained.
(f)
This section applies to all animal shelters located in
counties with a population of 75,000 or greater as required by Health and
Safety Code, Chapter 823 and to all quarantine or impoundment facilities regardless
of county population.
(g)
Impoundment facilities in counties with a population less
than 75,000 have until January 16, 2005, to be in compliance with the minimum
standards set forth in this section.
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 January 29, 2003.
TRD-200300709
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: February 18, 2003
Proposal publication date: August 9, 2002
For further information, please call: (512) 458-7236
Chapter 411.
STATE AUTHORITY RESPONSIBILITIES
Subchapter B. INTERAGENCY AGREEMENTS
Part 2.
TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION