Part 1. TEXAS DEPARTMENT OF AGRICULTURE
Subchapter L. URBAN SCHOOLS GRANTS PROGRAM
The Texas Department of Agriculture (the department) adopts amendments to Chapter 1, Subchapter L, concerning the department's Urban Schools Grants Program, without changes to the proposal published in the January 18, 2008, issue of the Texas Register (33 TexReg 461).
The amendments to §§1.800, 1.802 and 1.803 add middle schools to the type of public schools eligible for grants under the program to make the rules consistent with amendments made to Texas Agriculture Code, Chapter 48, the statutory authority for the program, by Senate Bill 827, 80th Regular Session, 2007.
No comments were received on the proposal.
The amendments to §§1.800, 1.802 and 1.803 are adopted under the Texas Agriculture Code, §48.001, which authorizes the department by rule to develop a program to award grants to public elementary and middle schools located in large urban school districts for the purpose of establishing demonstration agricultural projects or other projects designed foster an understanding and awareness of agriculture.
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 February 27, 2008.
TRD-200801173
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Effective date: March 18, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 463-4075
Subchapter D. ERADICATION OF BRUCELLOSIS IN CERVIDAE
The Texas Animal Health Commission ("TAHC" or "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 December 14, 2007, issue of the Texas Register (32 TexReg 9201) and will not be republished.
Section 35.82 contains requirements for certified brucellosis free cervidae herds and establishes the procedures and standards in order to make this determination.
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. The current state requirements provide that for recertification of herd status, retests be conducted 33 to 39 months from the anniversary date.
These requirements were recently implemented by the Commission. That proposal to amend the regulations was published for comment in the February 23, 2007, issue of the Texas Register (32 TexReg 687). The amendment for recertification of herd status, extended the herd status from 24 months to 36 months, with the recertification test being required 33 - 39 months from the anniversary.
However, the new regulation did not clearly specify that the recertification test be conducted within each 33 - 39 month period from the anniversary date of the original certification test. In other words, the recertification test must be conducted within three months before or three months after each three year anniversary of the original certification test. The purpose of this proposed amendment is to more clearly define to program participants the correct timeframe within which the recertification test must be performed. Additionally, the regulation is amended in order to provide that only two (2) consecutive annual tests will be required for initial certification, instead of the current standard of three (3) tests as stated in the regulation.
No comments were received regarding adoption of the rule.
STATUTORY AUTHORITY
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 §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 February 26, 2008.
TRD-200801132
Gene Snelson
General Counsel
Texas Animal Health Commission
Effective date: March 17, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 719-0714