| (a) Purpose: Livestock in Texas are subject to a variety of
highly contagious, foreign animal diseases (FAD). The infection or exposure
of Texas livestock to a FAD would create an animal health emergency requiring
the commission to respond as expediently as possible. A FAD may be very contagious;
it may affect both farm/ranch animals and wildlife in Texas, and it may be
extremely difficult to identify, isolate, control, and eradicate. It may spread
to other areas in the state or other states and countries if the outbreak
is not controlled in an expedient or effective manner. Any time delay in responding
to such an emergency could cause a severe impact to, or even destroy, the
agricultural economic stability and viability of the State and possibly the
Nation. The purpose of this section is to authorize the executive director
to be able to respond quickly and restrict the movement of livestock from
specific areas or facilities in order to reduce any potential exposure of
Texas livestock to a disease as provided in §58.2 of this title (relating
to Disease Control).
(b) Emergency Response Movement Restrictions: As a control
measure, the commission by rule may regulate the movement of livestock in
this state. Movement restrictions contained in this section are to become
effective upon a determination that there is exposure to a disease or an agent
of transmission of one of the diseases as identified in §58.2 of this
title (relating to Disease Control) and that these restrictions are necessary
to protect livestock in this state.
(c) Executive Director Authority: The executive director may
restrict movement of livestock in any part or all of the state, through this
section, if the executive director determines that livestock are exposed or
infected with a disease as identified in §58.2 of this title (relating
to Disease Control) and believes that the disease presents a danger to the
public health or livestock industry and that the executive director considers
it necessary to protect livestock in this state, by restricting movement under
this subchapter. The executive director may require testing, vaccination,
or another epidemiologically sound procedure in order to authorize movement
from restricted locations.
(d) Effect of Movement Restrictions: These movement restrictions
will remain in effect until the executive director has determined that the
exposure to the disease or infection from the disease has been eradicated
or controlled.
(e) Inspection of Shipment of Animals or Animal Products: 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. An
authorized agent of the commission may issue a hold under this chapter to
detain a shipment of animals or animal products in order to determine if the
shipment had been exposed to a disease as identified in §58.2 of this
title (relating to Disease Control) or to determine if the shipment is being
transported in violation of this chapter. The authorized agent of the commission
may require that the shipment be unloaded at the nearest place designated
as appropriate unloading/loading and boarding facility in order to assess
health status or to protect against possible exposure from a disease provided
by §58.2 of this title.
(f) Restricted Movement Locations: If the executive director
has determined that there is an animal health emergency and that there is
a need to restrict movement of livestock, then movement of livestock is restricted,
until authorized by the commission through an agent of the commission, at
the following locations:
(1) Livestock Market;
(2) Feedlots;
(3) Shows, Fairs and Exhibitions;
(4) Any premise where a caretaker for livestock has received
written notice that movement restrictions are in place based on possible exposure
to a disease as identified in §58.2 of this title (relating to Disease
Control).
(g) Notice of Restrictions: Restricted movement from locations
provided for in subsection (f) of this section are effective upon receipt
of notice in accordance with §58.22 of this title (relating to Notice
of Livestock Movement Restrictions).
(h) Statewide application or part of state: The movement restrictions
contained in this section can be made effective for all or part of the state
in order to protect against exposure from a disease as identified in §58.2
of this title (relating to Disease Control).
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