| (a) The State of Texas Emergency Management Plan. This plan
defines the organization, establishes operational concepts, assigns responsibilities,
and outlines coordination procedures for accomplishing comprehensive emergency
management objectives in Texas. The plan contains "Appendix Four to Annex
H" which provides guidance for mitigating against, preparing for, identifying
and responding to, and recovering from any highly contagious animal disease
affecting Texas livestock.
(b) Emergency Management Council. The Emergency Management
Council is composed of the heads of state agencies, boards, and commissions
and representatives of organized volunteer groups to advise and assist the
Governor in all matters relating to disaster mitigation, preparedness, response,
and recovery. The Texas Animal Health Commission is a member of that commission.
The executive director is authorized to utilize the resources of the commission
to fully participate and act to assist the Governor in all matters relating
to disaster mitigation, preparedness, response, and recovery.
(c) Executive Director Authorization. The executive director
is authorized to utilize all the appropriate resources of the commission to
act in accordance with the State Emergency Management Plan and Appendix Four
to Annex H. The Texas Emergency Response Team (TERT) is an interagency team
comprised of commission personnel and working to respond quickly to emergency's
through out the state. They are authorized to respond to potential emergencies
and disasters.
(d) Commission Written Instruments. The commission authorizes
the executive director and authorized agents of the commission to sign written
instruments on behalf of the commission including, but not limited to, issuing,
modifying, rescinding a quarantine, any movement restriction as provided in
this chapter or in requiring livestock exposed to or infected with disease
to be slaughtered as provided in Section 58.31. A written instrument, including
a quarantine or written notice of an order to slaughter, signed in support
of this chapter has the same force and effect as if signed by the entire commission.
(e) Entry Power. A commissioner or a veterinarian or inspector
employed by the commission may enter public or private property for the exercise
of an authority or performance of a duty under this chapter.
(f) Requirements on dealer recordkeeping. Any dealer of livestock
is required by §161.049 of the Texas Agriculture Code to maintain records
of livestock sales. Such records shall show the buyer's and seller's name
and address, county of origin, number of animals, and a description of each
animal, including sex, age, color, breed, brand, and individual identification
such as eartag, bangle tag, backtag, tattoo or firebrand. Records at auctions
and commission firms shall show the delivery vehicle license number. A dealer
is required to provide records to authorized agents of the commission acting
under the authority of this chapter in order to determine whether livestock
have been exposed to or infected with a disease as identified in Section 58.2
of this chapter.
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