Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,765
6747-6996 p. ; 28 cm.View a full description of this periodical.
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This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 23,
2013.
TRD-201304194
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: November 3, 2013
For further information, please call: (512) 719-0724
CHAPTER 47. APPROVED PERSONNEL
4 TAC 47.1 - 47.6
(Editor's note: The text of the following sections proposed for repeal
will not be published The sections may be examined in the offices of
the Texas Animal Health Commission or in the Texas Register office,
James Earl Rudder Building, 1019 Brazos Street, Austin, Texas.)
The Texas Animal Health Commission (commission) proposes
the repeal of Chapter 47, 47.1 - 47.6, concerning Approved
Personnel.
Elsewhere in this issue of the Texas Register, the commission
proposes new Chapter 47, which is entitled "Authorized Person-
nel", and replaces the repealed chapter in its entirety.
FISCAL NOTE
Ms. Larissa Schmidt, Director of Administration, Texas Animal
Health Commission, has determined there will no significant ad-
ditional fiscal implications for local or state government as a re-
sult of repealing the rules.
PUBLIC BENEFIT NOTE
Ms. Schmidt has also determined that the public benefit antici-
pated as a result of repealing the rules will be that the new pro-
posed chapter will be better organized to incorporate all of the
changes needed as a result of the passage of House Bill 3569
during the 83rd Texas Legislative Session, which amended the
Texas Agriculture Code.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with the Texas Government Code 2001.022, this
agency has determined that the proposed repeal will not impact
local economies and, therefore, did not file a request for a local
employment impact statement with the Texas Workforce Com-
mission.
TAKINGS ASSESSMENT
The agency has determined that the proposed repeal will not af-
fect private real property and is, therefore, compliant with the Pri-
vate Real Property Preservation Act in Government Code, Chap-
ter 2007.
REQUEST FOR COMMENT
Comments regarding the proposal may be submitted to Carol
Pivonka, Texas Animal Health Commission, 2105 Kramer Lane,
Austin, Texas 78758, by fax at (512) 719-0721 or by email at
"comments@tahc.texas.gov". Comments on the rule proposal
will be accepted until 5:00 p.m. on December 3, 2013.STATUTORY AUTHORITY
The repeal is authorized by the Texas Agriculture Code
161.046, which provides the commission with authority to adopt
rules relating to the protection of livestock, exotic livestock,
domestic fowl or exotic fowl, as well as Texas Government Code
2001.039, which authorizes a state agency to repeal a rule.
No other statutes, articles or codes are affected by the proposal.
47.1. Definitions.
47.2. General Requirements.
47.3. Requirements for Brucellosis Testing.
47.4. Brucellosis Caljhood Vaccination Requirements.
47.5. Suspension or Revocation of Approved Personnel Status.
47.6. Restoration of Approved Personnel Status.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 23,
2013.
TRD-201304195
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: November 3, 2013
For further information, please call: (512) 719-0724
CHAPTER 47. AUTHORIZED PERSONNEL
The Texas Animal Health Commission (commission) proposes a
new Chapter 47, 47.1 - 47.9 and 47.11 - 47.15, concerning
Authorized Personnel.
Elsewhere in this issue of the Texas Register, the commission
contemporaneously proposes the repeal of the existing Chapter
47, concerning Approved Personnel. The purpose of the new
chapter is to make substantial changes to the requirements of
persons authorized to perform certain activities related to dis-
ease control, in response to the passage of House Bill (H.B.)
3569 during the 83rd Texas Legislative Session.
H.B. 3569 amended the Texas Agriculture Code to require a per-
son, including a veterinarian, to be authorized by the commission
in order to engage in an activity that is part of a state or federal
disease control or eradication program for animals. In addition to
the brucellosis program, existing disease control or eradication
programs include, but are not limited to, tuberculosis, trichomo-
niasis, piroplasmosis, equine infectious anemia, chronic wasting
disease, pseudorabies, and scrapie.
New Chapter 47 includes two subchapters. Subchapter A, which
is entitled "General Provisions," includes provisions for all per-
sons authorized by the commission to perform activities as part
of a disease control or eradication program. The provisions in-
clude minimum standards for authorized personnel and estab-
lish application, training, and recordkeeping requirements. Sub-
chapter A also includes grounds for suspending or revoking an
authorized person's status and the procedures that must be fol-
lowed to proceed with such action.
Subchapter B, which is entitled "Brucellosis Program," includes
the existing standards and requirements for authorized person-
nel performing activities that are part of the brucellosis controlPROPOSED RULES October 4, 2013 38 TexReg 6765
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Texas. Secretary of State. Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013, periodical, October 4, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342082/m1/19/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.