The Texas Animal Health Commission (Commission) proposes amendments to §51.10, concerning Cervidae, and §51.11, concerning Goats. The purpose of these amendments is to clarify the Tuberculosis entry requirement for goats and cervids coming from Michigan. Since Tuberculosis was discovered in wildlife in Michigan the Commission has in place specific Tuberculosis test requirements for cervids and goats from the areas that were restricted because of Tuberculosis in their dairy cattle. At the time the requirements were established the rule specifically stated which counties were restricted for Tuberculosis. However, the United States Department of Agriculture (USDA) has since modified those restricted areas in Michigan using the Tuberculosis status requirements as contained in Title 9 of the Code of Federal Regulations, Part 77, §§77.10 - 77.19. These are the requirements for cattle, but identify the areas of concern for cervids and goats being exposed to Tuberculosis.

FISCAL NOTE

Dr. Matt Cochran, D.V.M, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no significant additional fiscal implications for state or local government as a result of enforcing or administering the rules. An Economic Impact Statement (EIS) is required if the proposed rules have an adverse economic effect on small businesses. The agency has evaluated the requirements and determined that there is not an adverse economic impact and therefore there is no need to do an EIS. Implementation of these rules poses no significant fiscal impact on small or micro-businesses. There are no anticipated costs to persons who are required to comply with the rules as proposed.

PUBLIC BENEFIT NOTE

Dr. Cochran also has determined that for each year of the first five (5) years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be to protect our livestock industry from exposure to Tuberculosis by ensuring these animals are properly tested.

LOCAL EMPLOYMENT IMPACT STATEMENT

In accordance with Government Code, §2001.022, this agency has determined that the proposed rules 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. These proposed rules are an activity related to the handling of animals, including requirements for testing, movement, inspection, identification, reporting of disease, and treatment, in accordance with 4 TAC §59.7 (relating to Private Real Property Rights Affected by Governmental Action), 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 "comments@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.

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