The Texas Animal Health Commission (commission) proposes amendments to Chapter 51, entitled "Entry Requirements," §§51.1 - 51.4, 51.8 - 51.10 and 51.12 - 51.15 to provide greater clarity to the rules and add, modify or remove requirements as provided for herein.

The modifications to the rules are identified below:

The Commission is adding §51.1(17) to provide a definition for Radio Frequency Identification Device (RFID) because this type of device is authorized to identify some animals being moved interstate.

The Commission is adding language to §51.2(a)(2) to require a permit requester to provide certain information in order to receive a valid permit. This is to address the issue of people calling after business hours to obtain a permit number provided in the recorded message without leaving the necessary information to ensure that Commission staff can follow up and verify entry.

The Commission is modifying §51.3(a), regarding exceptions from obtaining a permit and health certificate. The modification is to remove the exception that would allow dairy cattle to go through a USDA specifically approved livestock market by the owner or consigned there and accompanied by a waybill. That exception is added for beef cattle 18 months of age and over delivered directly from a USDA specifically approved livestock market by the owner or consigned there and accompanied by a waybill. This is to differentiate from dairy cattle, for which there are specific tuberculosis test requirements.

The amendment adds language to §51.3(a) by adding a new paragraph (9) for an exception to having a permit and health certificate for out of state feral swine consigned directly to slaughter.

In §51.3(c)(1) the Code of Federal Regulations reference was no longer correct and that provision is being amended to reference the correct part.

Section 51.3(c)(7) and (8) are deleted because those provisions duplicate similar language which already exists in §51.3(c)(1) and (2).

Section 51.4(b) regarding in-state participation in shows, fairs and exhibitions is being modified to exempt in state dairy cattle from having to meet the tuberculosis test requirements for out of state dairy cattle entering Texas. The purpose of the entry requirement is to protect the Texas dairy cattle from the risk of being exposed to Tuberculosis. However all Texas dairy animals were recently tested for Tuberculosis by the Commission and the state recently re-gained Tuberculosis Accredited Free status so there is not a need to require a test for their participation in an exhibition. The test requirement for out of state dairy cattle still applies if they participate in a Texas exhibition, show or fair.

In §51.8(a) the Commission is adding language requiring out of state cattle, being shipped to a Texas feedyard, to have official identification, from the state of origin. The reason is that Texas receives out of state cattle being shipped to slaughter, the vast majority of which do not have identification that may be traced to the state of origin. If the animals test positive for Brucellosis at slaughter, it is important to trace the animal back to the state of origin. If an animal tests positive for Brucellosis at slaughter, the state must be able to show the state of origin, otherwise, it might affect the state's goal toward achieving Brucellosis Free Status.

Section 51.8(b)(3) provides that "[a]ll sexually intact dairy cattle that are less than six months of age must obtain a entry permit from the Commission, as provided in §51.3(a), to a designated facility where the animals will be held until they are tested negative at the age of six months." The reference is incorrect and it is being changed to reflect the correct section, §51.2.

Section 51.8(b)(7) is marked for deletion because Texas has achieved Tuberculosis Free status eliminating the need for Tuberculosis test requirements for interstate movement of cattle from Texas. The USDA published in the Federal Register, on September 29, 2006, an interim rule amending their bovine tuberculosis regulations regarding State and zone classifications. In that rule, USDA raised the designation of Texas from modified accredited advanced to accredited-free. Because USDA determined that Texas meets the criteria for designation as an accredited-free State, USDA has classified the entire state of Texas as being an accredited free state for Tuberculosis; as a result, there are no testing requirements for Texas cattle moving interstate.

The amendment adds language to §51.9(b)(1) regarding identification requirements for fowl entering Texas. The revision is in response to the American Ostrich Association which requested that the Commission allow RFID tags or other permanent tags for identification purposes for those birds being moved into the state.

The amendment revises §51.10(a) of the Chronic Wasting Disease entry requirements by removing everything in capital letter format and restating the phrase in appropriate regulatory format. Texas Parks and Wildlife Department is referred to in the subsection in order to recognize its authority to prohibit the entry of species under their jurisdiction. RFID devices are added to §51.10(b) to allow them as forms of official identification.

The requirement in §51.12(b)(1) is being deleted because it duplicates the same statement in §51.12(a).

The revision to renumbered §51.12(b)(5)(D)(i), regarding sheep, corrects a grammatical error in the last adoption which used the word "of" that should have read "or."

The amendment adds a paragraph (6) to the entry requirements for equine in §51.13(a). New paragraph (6) adds an exemption for equine foals, under eight months of age, which are nursing and accompanying a negative dam with a current negative test. This also conforms to the Commission's current intra-state sales requirement.

The Texas Pork Producers request removing the vaccination requirement for Bratislava as a part of the combination Leptospirosis vaccine as found in §51.14(c). Texas currently requires a vaccine that contains six different Leptospira strains: Bratislava, Canicola, Hardjo, Icterohaemorrhagiae, Grippotyphosa, and Pomona. However, most states no longer include the Bratislava strain in their vaccine requirements but rather use a vaccine with the remaining five strains of Leptospirosis vaccine which are: Canicola, Hardjo, Icterohaemorrhagiae, Grippotyphosa, and Pomona.

Pilgrim's Pride requests changing the rules to allow for broilers that have been vaccinated for Infectious Laryngotracheitis with a chick embryo vaccine to be transported to Texas for immediate slaughter. The change also specifies that the transportation route used for such poultry to slaughter be approved by the Commission. This provision would only apply to broilers because breeder birds can be vaccinated with a tissue culture vaccine that is acceptable by the State of Texas. Broilers, on the other hand, have to be vaccinated with a chick embryo type vaccine that is not currently authorized for use for entry into the state

FISCAL NOTE

Mike Jensen, Deputy Director for Administration and Finance, has determined that for the first five-year period the amendments are in effect, there will be no significant additional fiscal implications for state or local government as a result of enforcing or administering the amended rules. There will be no effect to individuals required to comply with the amendments as proposed. There will be no affect to small or micro businesses.

PUBLIC BENEFIT NOTE

Mr. Jensen also has determined that for each year of the first five years the amendments are in effect, the public benefit anticipated as a result of enforcing the amended rules will be clear and concise regulations which can be found in one chapter. The impact to individuals is limited to ensuring that the health status of these animals is known which protects the livestock industry in this state.

LOCAL EMPLOYMENT IMPACT STATEMENT

In accordance with Government Code, §2001.022, this agency has determined that adoption of the proposed amendments will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

TAKINGS ASSESSMENT

The agency has determined that the proposed governmental action will not affect private real property. The amended rules are an activity related to the handling of animals, including requirements concerning testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC §59.7, and are, therefore, compliant with the Private Real Property Preservation Act in Government Code, Chapter 2007.

REQUEST FOR COMMENT

Comments regarding the proposed amendments may be submitted to Delores Holubec, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "comment@tahc.state.tx.us."

STATUTORY AUTHORITY

The amendments are proposed under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic 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 commission 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.

As a control measure, 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. That authority is found in §161.054. 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 found in §161.048.

Section 161.005 provides that the commission may authorize the executive director or another employee to sign written instruments on behalf of the commission. A written instrument, including a quarantine or written notice signed under that authority, has the same force and effect as if signed by the entire commission.

Section 161.061 provides that if the commission determines that a disease listed in §161.041 of this code or an agency of transmission of one of those diseases exists in a place in this state or among livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl, or that a place in this state where livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl are exposed to one of those diseases or an agency of transmission of one of those diseases, the commission shall establish a quarantine on the affected animals or on the affected place.

No other statutes, articles, or codes are affected by the amendments.