EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 25. HEALTH SERVICES Part I. Texas Department of Health Chapter 169. Zoonosis
    [Veterinary Public Health] Rabies Control and Eradication 25 TAC sec.169.34 The Texas Department of Health (department) adopts on an emergency basis new sec.169.34, concerning an area quarantine to prevent the spread of the south Texas canine, and Texas fox rabies epizootics. The new section is necessary to prevent the removal of potentially infected animals from within, and south of the department's vaccination area, and from Texas to other states. The new section is proposed for permanent adoption in this issue of the Texas Register. The section is adopted on an emergency basis to prevent the spread of the rabies strains from areas it currently affects in south and west Texas. It is imperative to address this serious and imminent threat as soon as possible. The new section is adopted under the Texas Health and Safety Code, Chapter 826, "Rabies," Subchapter E, "Reports and Quarantine," sec.826.045 which provides the board with the authority to declare an area rabies quarantine to prevent or contain a rabies epizootic and adopt permanent or emergency rules, sec.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; and under the Government Code, sec.2001.034, which provides the board with the authority to adopt rules on an emergency basis. sec.169.34. Area Quarantine. (a) Introduction. The purpose of these rules is to prevent the spread of the south Texas canine, and Texas fox rabies epizootics in accordance with Health and Safety Code, Chapter 826, sec.826.045. This rule will be administered with the cooperation of the governing bodies of counties and municipalities within the quarantine area. (b) Definitions. Words and terms used in this section, shall have the definitions assigned by Texas Health and Safety Code, sec.826.002 unless the context clearly indicates otherwise. (c) Declaration. The board declares an area rabies quarantine. (1) Area quarantine. The area is defined by the borders of the state of Texas. (2) Animals subject to the area quarantine. Any high risk animal, or hybrid, as those terms are defined by sec.169.22 of this title (relating to Definitions), or dog or cat over three months of age for which a current official rabies vaccination certificate as described in sec.169.29 of this title (relating to Vaccination Requirement) cannot be produced, is subject to the area quarantine. (d) Board's designee. The board's designee is the commissioner, whom the board appoints to act as its designee as described in Texas Health and Safety Code, Chapter 826, sec.826.045. (e) Public notification. The Texas Department of Health shall insure that the public is notified of the area rabies quarantine by: (1) publishing a notice in the Texas Register; (2) issuing news releases statewide; and (3) posting notice of the quarantine in appropriate public places. (f) Prohibited acts. A person shall not remove from, nor transport within the area quarantine, any animal as described in subsection (c)(2) of this section. (g) Violation of quarantine. As provided in Texas Health and Safety Code, sec.826.046: (1) a person commits an offense if the person violates or attempts to violate subsection (f) of this section; and (2) an offense is a Class C misdemeanor. Issued in Austin, Texas, on January 13, 1995. TRD-9500630 Susan K. Steeg General Counsel Texas Department of Health Effective date: January 13, 1995 Expiration date: May 13, 1995 For further information, please call: (512) 458-7255 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part IV. Texas Department of Criminal Justice Chapter 157. State Jail Felony Facilities Subchapter B. Operational Standards 37 TAC sec.157.31 The Texas Board of Criminal Justice adopts on an emergency basis an amendment to sec.157.31, concerning use of a facility for a transfer facility. The reason for emergency is the continuing necessity to alleviate crowded conditions in many county jails, which will be alleviated by designation of state jails as transfer facilities to use for housing backlogged prison inmates. The amendment is adopted on an emergency basis under the Government Code, sec.507.006, which allows state jails to be used for transfer inmates, and the Government Code, sec.492.013, which gives the Board of Criminal Justice the authority to adopt rules. sec.157.31. Use of Facility for Transfer Inmates. (a)-(b) (No change.) (c) The TBCJ delegates to the State Jail Division Director the authority to designate all of, or any semi-autonomous housing unit within, any facility designed as a state jail to be used for housing transfer inmates. Issued in Austin, Texas, on January 14, 1995. TRD-9500692 Carl Reynolds General Counsel Texas Department of Criminal Justice Effective date: January 17, 1995 Expiration date: May 17, 1995 For further information, please call: (512) 463-9693 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 1. Management 43 TAC sec.1.85 The Texas Department of Transportation adopts on an emergency basis an amendment to sec.1.85, concerning department advisory committees. Section 1.85 is amended by adding paragraph (21) to establish the Public Transportation Assessment Committee to create a forum for communication among the department, the transit industry, and transit users for issues pertaining to the comprehensive assessment of public transportation which is being conducted to assess program efficiency and effectiveness, demand and ridership, funding requirements, and future program direction. The committee will review reports and other deliverables developed during the assessment and shall provide advice and recommendations to the department pertaining to the assessment, its findings, and recommendations. These rules are adopted on an emergency basis to address recommendations for legislative action that may be necessary in order to implement some of the program-improving recommendations expected to be identified during the course of the study; and to identify ways of improving transit services for transit users, many of who are dependent upon transit services for transportation to and from work, medical services, and other essential life activities. The amendment is adopted on emergency basis under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation, and more specifically Texas Civil Statutes, Article 6252-33, which provide that a state agency that is advised by an advisory committee shall adopt rules that state the purpose of the committee and describe the task of the committee and the manner in which the committee will report to the agency. Texas Civil Statutes, Article 6252-33 is affected by this proposed amendment. sec.1.85. Department Advisory Committees. (a) Creation. The following committees are established as department advisory committees. (1)-(20) (No change.) (21) Public Transportation Assessment Advisory Committee. (A) Purpose. The purpose of the Public Transportation Assessment Advisory Committee is to provide a forum for communication among the department, the transit industry and transit users for issues pertaining to a comprehensive assessment of public transportation (an evaluation being undertaken by the department through the engagement and services of a private consultant). The comprehensive assessment will address, but not be limited to, program efficiency and effectiveness, demand and ridership, funding requirements, and future program direction. (B) Duties. The committee, consisting of department staff, representatives from various sectors of the transit industry, and transit users shall: (i) at the request of the department review reports and other deliverables developed by the consultant; and (ii) provide advice and recommendations pertaining to the assessment, its finding, and recommendations made by the consultant. (C) Manner of Reporting. The committee shall report its advice and recommendations to the Assistant Executive Director for Multimodal Transportation or his or her designated representative. (D) Duration. The committee will automatically be abolished upon termination of the private consultant contract, but no later than August 31, 1995. (b)-(c) (No change.) Issued in Austin, Texas, on January 11, 1995. TRD-9500453 Diane L. Northam Legal Executive Assistant Texas Department of Transportation Effective date: January 11, 1995 Expiration date: May 11, 1995 For further information, please call: (512) 463-8630