Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Chapter 19. QUARANTINES AND NOXIOUS AND INVASIVE PLANTS
Subchapter T. NOXIOUS AND INVASIVE PLANTS
The Texas Department of Agriculture (the department) adopts §19.300, concerning a list of noxious and invasive plants without changes to the proposed rule published in the April 20, 2007, issue of the Texas Register (32 TexReg 2227).
Amendments to §19.300 are necessary to establish an invasive plant list in accordance with Texas Agriculture Code (the Code) §71.151, which requires the department to publish a list of noxious and invasive plant species that have serious potential to cause economic or ecological harm to the state. The department has consulted with representatives from the agriculture industry, the horticulture industry, the Texas Cooperative Extension, the Texas Department of Transportation, the State Soil and Water Conservation Board, and the Texas Department of Parks and Wildlife in the preparation of this list. The department has considered scientific data and the economic impact of each plant species listed. Amendments to §19.300 establish a list of invasive plants for Texas. Four plants are added to the list of noxious and invasive plants as invasive plants: Chinese tallowtree (Triadica sebiferum), kudzu (Pueraria montana var. lobata), saltcedar (Tamarix spp.) and tropical soda apple (Solanum viarum).
One comment in support of the proposal was received from the Texas Department of Transportation. The comment stated that the four invasive plants are considered to be among the worst invasives in the state. They have a tremendous negative economic impact on the state, and are a recognized threat to the existence of native plant and wildlife communities.
The amendments to §19.300 are adopted under the Texas Agriculture Code (the code), §71.151, which authorizes the department to publish by rule a list of noxious and invasive plant species that have serious potential to cause economic or ecological harm to the state.
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 May 21, 2007.
TRD-200701978
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: June 10, 2007
Proposal publication date: April 20, 2007
For further information, please call: (512) 463-4075
Subchapter D. ERADICATION OF BRUCELLOSIS IN CERVIDAE
The Texas Animal Health Commission (Commission) adopts amendments to Chapter 35, Subchapter D, §35.82, concerning the Eradication of Brucellosis in Cervidae, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 687) and will not be republished.
The regulations describe general requirements for the collection and submission of blood samples to approved laboratories for testing, recognition of official tests, and the interpretation standards for official tests which are necessary to recognize herds which have voluntarily conducted whole herd testing in order to achieve Certified Brucellosis Free Cervidae Herd status. Herds which have achieved this status have distinct advantages in the marketability and interstate movement of animals. Currently the state requirements provide that for recertification of herd status, be 24 months from the anniversary. Based on actions recently taken with recertification for Tuberculosis the recommendation is to make the recertification timeframe be 33 to 39 months and that USDA will proposes this in the Code of Federal Regulation.
Currently there is no current federal cervid brucellosis regulatory program in the 9 Code of Federal Regulations (9 CFR) and therefore no testing federal interval requirement. The current Uniform Methods and Rules (UM&R) serves only as program standards. It is the Commission's understanding that once the cervid brucellosis program rules are in place (in the 9 CFR), a new updated UM&R reflecting the program changes will be published. Producers currently enrolled in a cervid brucellosis herd certification program are doing so under the authority of state regulations.
No comments were received regarding adoption of the amendments.
STATUTORY AUTHORITY
The amendments 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. Also §161.054 authorizes the Commission to regulate, by rule, the movement of animals. This is further supported by §161.081 which authorizes the Commission to regulate the entry of such livestock into Texas from another state. Section 163.061 authorizes the Commission to adopt rules for Brucellosis control.
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 May 25, 2007.
TRD-200702075
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: June 14, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 719-0700
Subchapter C. ERADICATION OF TUBERCULOSIS IN CERVIDAE
The Texas Animal Health Commission (Commission) adopts amendments to Chapter 43, Subchapter C, §43.20 and §43.22, concerning the Eradication of Tuberculosis in Cervidae, without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 688) and will not be republished.
The Texas Animal Health Commission adopted regulations in 1995 to implement the standards and guidelines specified in the Tuberculosis Eradication in Cervidae, Uniform Methods and Rules.
On January 12, 2006, the United States Department of Agriculture (USDA) published in the Federal Register (71 FR 1985 - 1988, Docket No. 04-094-1) a proposal to amend the regulations regarding tuberculosis in captive cervids by extending, from 2 years to 3, the term for which accredited herd status is valid and increasing by 12 months the interval for conducting the reaccreditation test required to maintain the accredited tuberculosis-free status of cervid herds. USDA is also reducing, from three tests to two, the number of consecutive negative official tuberculosis tests required of all eligible captive cervids in a herd before a herd can be eligible for recognition as an accredited herd. The Commission is also changing the definition of "Accredited Herd" in §43.20 to conform to the change in the requirements. They adopted that change on April 27, 2006, and it was published in the Federal Register (71 FR 24803 - 24805, Docket No. 04-094-2) as a final rule. The Commission is changing the state requirements to conform to the federal standards. These actions will reduce testing costs for herd owners, lessening the potential for animal injury or death during testing, and lowering administrative costs for the Commission.
No comments were received regarding adoption of the amendments.
STATUTORY AUTHORITY
The amendments 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. Also §161.054 authorizes the Commission to regulate by rule the movement of animals. This is further supported by §161.081 which authorizes the Commission to regulate the entry of such livestock into Texas from another state.
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 May 25, 2007.
TRD-200702076
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: June 14, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 719-0700
The Texas Animal Health Commission (TAHC or Commission) adopts amendments to Chapter 45, §45.2, concerning Reportable Diseases with changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 689). The text of the rule will be republished. The actual text of the rule did not change from the proposal, however the graphic has changes.
Texas Agriculture Code Chapter 161, §161.101 requirements related to duty of a veterinarian, veterinary diagnostic laboratory or a person having care, custody, or control of an animal to report specified animal health diseases. The Commission has promulgated reporting requirements and specifies specific reportable diseases in Chapter 45 of the Commission's rules. The Commission did not receive any comments. However the Commission is currently proposing rules which will provide the symptoms of an animal, coupled with positive laboratory results, would constitute a reportable disease episode. This rule will be located in Chapter 49, which is entitled "Equine," and it will create a new §49.4 to be entitled "Equine Viral Arteritis (EVA): Reporting and Handling for Breeding of Infected Equine." Elsewhere in this issue of the Texas Register , the TAHC contemporaneously proposes new §49.4 for public comment. The Commission adds the asterisk to the listing of EVA so as to inform anyone reviewing the rule that there are associated requirements found in another chapter. Also the Commission removes the singular asterisk, which indicates that these diseases must be acted on by the Texas Legislature during the 80th Legislative Session. The legislature did act on those diseases and that was codified in the Texas Agriculture Code in §161.101(a). However the two equine diseases added as being reportable will need to be acted on by the last day of the 81st Texas Legislature to remain in effect so the single asterisk indicator will be used to identify these two diseases for that purpose.
Diseases are adopted for reporting in order to be protective of animal health in Texas. The Commission is adopting rules with two equine diseases being added to the reportable list. Texas equine producers, veterinarians and livestock health officials have become increasingly concerned about Equine Viral Arteritis (EVA), which has recently been detected in New Mexico and Utah this year.
EVA is an infectious viral disease of horses that causes a variety of clinical symptoms, most significantly abortions. The disease is transmitted through both the respiratory and reproductive systems. Many horses are either asymptomatic or exhibit flu-like symptoms for a short period of time. An abortion in pregnant mares is often the first, and in some cases, the only sign of the disease. EVA has been confirmed in a variety of horse breeds, with the highest infection rate found in adult Standardbreds.
Breeders, racehorse owners, and show horse owners all have strong economic reasons to prevent and control this disease. While it does not kill mature horses, EVA can eliminate an entire breeding season by causing numerous mares to abort. In addition, U.S. horses that test positive for EVA antibodies and horse semen from EVA-infected horses can be barred from entering foreign countries. While some infected equine exhibit no signs of disease, owners should be alert and notify their accredited private veterinary practitioner if horses or foals develop signs of EVA, including fever, depression, diarrhea, coughing or nasal discharge, or swelling of the legs, body or head. Laboratory testing is necessary to confirm a diagnosis, as other equine diseases can present similar clinical signs.
Equine Herpes Virus-1 (EHV-1) is the second disease that has given Texas equine producers concern. EHV-1 is attributed to outbreaks of neurological disease in different venues across the country and has rightfully captured our attention. The most recent clinical case of neurologic EHV-1 in California involves a horse from Golden Gate Fields. Raceways, horse shows, farms, and clinics in several states have been noticeably impacted by multiple cases of illness including several deaths.
Also House Bill (HB) 9 was passed by the 77th Texas Legislative Session which added requirements related to duty of a veterinary diagnostic laboratory or a person having care, custody, or control of an animal to report specified animal health diseases. This requirement amends the Texas Agriculture Code Chapter 161, §161.101. The section, prior to HB 9, required only a veterinarian to report to the Commission the existence of any diseases specified by the rule. We are adding that to the rule.
No comments were received regarding adoption of the amendments.
STATUTORY AUTHORITY
The amendments 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. Section 161.101 provides that the Commission may adopt rules that require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report a disease not covered by subsection (a) or (b) if the Commission determines that action to be necessary for the protection of animal health in this state. The Commission shall immediately deliver a copy of a rule adopted under this subsection to the appropriate legislative oversight committees. A rule adopted by the Commission under this subsection expires on the first day after the last day of the first regular legislative session that begins after adoption of the rule unless the rule is continued in effect by act of the legislature.
§45.2.Duty To Report.
(a) A veterinarian, a veterinary diagnostic laboratory or a person having care, custody, or control of an animal, 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.
(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 May 25, 2007.
TRD-200702077
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: June 14, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 719-0700