Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,773
6747-6996 p. ; 28 cm.View a full description of this periodical.
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officials to more rapidly and effectively respond to animal health
emergencies.
H.B. 2311 clarifies that any state animal disease traceability pro-
gram cannot be more stringent than any federal animal disease
traceability program; repeals the penalty provisions that gave the
commission the Class C misdemeanor authority for violations re-
lating to animal identification; and repeals the subsection that ref-
erences the use of specific identification numbers that the com-
mission may consider in implementing an animal identification
program. Additionally, the bill requires a two-thirds vote of the
Commissioners to adopt any program more stringent that fed-
eral law.
The requirement as proposed is based on a change of owner-
ship within Texas. Under the rule all cattle that are parturient
or post parturient or 18 months of age and older, except steers
and spayed heifers changing ownership within Texas, shall be
officially identified with an official eartag or other form of official
permanent identification as approved by the commission. That
requirement does create an exception for movement to slaugh-
ter within seven days of the change of ownership. Cattle that
are sold or consigned to move to a state or federally approved
slaughter establishment within seven days of the change of own-
ership, where they are harvested within three days of arrival at
the establishment, are exempt from the requirement.
FISCAL NOTE
Ms. Larissa Schmidt, Director of Administration, Texas Animal
Health Commission, has determined for the first five-year pe-
riod the rule is in effect, there will be no significant additional
fiscal implications for local government as a result of enforcing
or administering the rule. An Economic Impact Statement (EIS)
is required if the proposed rule has an adverse economic effect
on small businesses. The agency has evaluated the require-
ments and determined that there is not an adverse economic
impact and, therefore, there is no need to do an EIS. Implemen-
tation of this rule poses no significant fiscal impact on small or
micro-businesses. The identification tags are available to pro-
ducers and other parties who will apply official ID. The necessity
of official ID for specific animals to move interstate also creates
an opportunity for provision of ID application by a third party for a
nominal fee. The actual cost of tagging will vary some depending
on the situation, but the federal requirement allows for untagged
animals to enter the state as an exception to the federal identifi-
cation requirement which has afforded the cattle producer some
reduced cost by not having them identified prior to movement.
PUBLIC BENEFIT NOTE
Ms. Schmidt has also determined that for each year of the first
five years the rule is in effect, the public benefit anticipated as
a result of enforcing the rule will be to have authorized tagging
sites located in Texas and operating under the federal animal
disease traceability system, which will provide sustained disease
surveillance, control, enhanced marketability, quality assurance,
and the related relative freedoms of commerce both intra and
interstate
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Texas Government Code 2001.022, this
agency has determined that the proposed rule will not impact
local economies.
TAKINGS ASSESSMENTThe agency has determined that the proposed governmental ac-
tion will not affect private real property. The proposed rule is an
activity related to the handling of animals, including requirements
for testing, movement, inspection, identification, reporting of dis-
ease, 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 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 e-mail at
"comments@tahc.texas.gov". Comments on the rule proposal
will be accepted until 5:00 p.m. on November 4, 2013.
STATUTORY AUTHORITY
The new section is proposed under the following statutory au-
thority as found in Chapter 161 of the Texas Agriculture Code.
The commission is vested by statute, 161.041(a), with the re-
quirement to protect all livestock, domestic animals, and do-
mestic 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 com-
mission 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 authority is
found in 161.061.
House Bill (H.B.) 2311 was passed during the 83rd Texas Leg-
islative Session and clarifies that any state animal disease trace-
ability program cannot be more stringent than any federal animal
disease traceability program; the bill requires a two-thirds vote
of the commission's board to adopt any program more stringent
than federal law.
As a control measure under 161.054, 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. An agent of the commission
is entitled to stop and inspect a shipment of animals or animal
products being transported in this state in order to determine
if the shipment originated from a quarantined area or herd; or
determine if the shipment presents a danger to the public health
or livestock industry through insect infestation or through a
communicable or noncommunicable disease. That authority is
under 161.048
Under 161.081, the commission by rule may regulate the move-
ment of livestock, exotic livestock, domestic animals, domestic
fowl, or exotic fowl into this state from another state, territory,
or country. Also, under that section the commission by rule may
provide the method for inspecting and testing animals before and
after entry into this state. The commission by rule may provide
for the issuance and form of health certificates and entry permits.
The rules may include standards for determining which veterinar-
ians of this state, other states, and departments of the federal
government are authorized to issue the certificates or permits.
Section 161.005 provides that the commission may authorize
the executive director or another employee to sign written instru-PROPOSED RULES October 4, 2013 38 TexReg 6773
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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/m1/27/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.