Part 2.
TEXAS ANIMAL HEALTH COMMISSION
Chapter 40.
CHRONIC WASTING DISEASE
4 TAC §40.5
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Animal Health Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Animal Health Commission proposes to amend
Chapter 40, which is entitled "Chronic Wasting Disease" ("CWD") by repealing §40.5,
entitled "Monitoring Requirements for Elk." The rule was recently adopted
by the Commission and published in the December 23, 2005, issue of the
FISCAL NOTE
Mike Jensen, Assistant Executive Director of Administration, Texas Animal
Health Commission, has determined for the first five-year period the repeal
is in effect, there will be no additional fiscal implications for state or
local government as a result of enforcing or administering the repeal of §40.5.
Implementation of a National Animal Identification System (NAIS) in Texas
might have a slight fiscal impact; however such impact would be in any rule
proposal specific to state implementation of NAIS. Premises registration benefits
the state, producers, and consumers by facilitating the Commission's ability
to quickly respond to a disease threat and to trace animals, including elk,
that might have been exposed to an animal disease. All producers are encouraged
to participate in the national program, which is a voluntary program at this
time, by registering their premises. There will be no effect to small or micro
businesses.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that because the national program is a voluntary
program, repealing §40.5 should not adversely impact the public. However,
voluntary participation and registration of premises by producers would facilitate
the Commission's ability to quickly respond and control CWD disease issues
related to elk.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, §2001.022, this agency has determined
that the proposal will not impact local economies.
TAKINGS ASSESSMENT
The agency has determined that the proposed governmental action will not
affect private real property. The proposed rule is an activity related to
the handling of animals, including requirements concerning testing, movement,
inspection, identification, reporting of disease, and treatment, in accordance
with 4 TAC §59.7, and is, therefore, compliant with the Private Real
Property Preservation Act in Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposed repeal may be submitted to Dolores Holubec,
Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by
fax at (512) 719-0721 or by e-mail at "comments@tahc.state.tx.us." Comments
will be taken through October 6, 2006.
STATUTORY AUTHORITY
The repeal is proposed as follows:
House Bill 1361 implements an animal identification program and provides
rulemaking authority through §161.056, Agriculture Code. Section 161.056
authorizes the commission to implement an animal identification program that
is consistent with the United States Department of Agriculture's National
Animal Identification System. It authorizes the commission to require the
use of official identification numbers assigned as part of the animal identification
program for animal disease control, animal emergency management, and other
commission programs and assess a registration fee on all entities that register
for a premises identification number Also it authorizes the commission to
adopt rules necessary to implement and enforce this section.
The Commission is vested by statute, §161.041(a), with the requirement
to protect all livestock, domestic animals, and domestic fowl from disease.
The Commission is authorized, by §161.041(b), to act to eradicate or
control any disease or agent of transmission for any disease that affects
livestock. If the Commission determines that a disease listed in §161.041
of this code or an agent of transmission of one of those diseases exists in
a place in this state among livestock, or that livestock are exposed to one
of those diseases or an agent of transmission of one of those diseases, the
Commission shall establish a quarantine on the affected animals or on the
affected place. That is found in §161.061. As a control measure, the
Commission by rule may regulate the movement of animals. The Commission may
restrict the intrastate movement of animals even though the movement of the
animals is unrestricted in interstate or international commerce. The Commission
may require testing, vaccination, or another epidemiologically sound procedure
before or after animals are moved. That is found in §161.054. That authority
is found in §161.048. A person is presumed to control the animal if the
person is the owner or lessee of the pen, pasture, or other place in which
the animal is located and has control of that place; or exercises care or
control over the animal. That is under §161.002.
Section 161.007 provides that if a veterinarian employed by the Commission
determines that a communicable disease exists among livestock, domestic animals,
or domestic fowl or on certain premises or that livestock, domestic animals,
or domestic fowl have been exposed to the agency of transmission of a communicable
disease, the exposure or infection is considered to continue until the Commission
determines that the exposure or infection has been eradicated through methods
prescribed by rule of the commission. Section 161.005 provides that the commission
may authorize the executive director or another employee to sign written instruments
on behalf of the commission. A written instrument, including a quarantine
or written notice, signed under that authority has the same force and effect
as if signed by the entire Commission.
No other statutes, articles or codes are affected by the proposal.
§40.5.Monitoring Requirements for Elk.
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 August 14, 2006.
TRD-200604265
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: September 24, 2006
For further information, please call: (512) 719-0700
Chapter 47.
APPROVED PERSONNEL