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Texas Register Preamble


The Texas Animal Health Commission (Commission) proposes amendments to §35.4, concerning Entry, Movement, and Change of Ownership. This amendment is for the purpose of making the Brucellosis test requirement dependent upon the Commission having sufficient funding.

Texas achieved Class 'Free' status for cattle brucellosis in February 2008. However, in order to ensure that this state is clearly free of the disease the Commission has continued testing requirements so that we maintain surveillance to quickly identify and deal with reintroduced or yet undetected infection. The reintroduction of the disease is cause for great concern creating a need to be vigilant in maintaining our surveillance. Therefore, the Commission is still requiring testing at livestock markets, special sales and private treaty sales.

The first-point testing program is the testing of "test eligible cattle" sold through a livestock market. Test eligible cattle are sexually intact and 18 months of age or older. Historically, the Commission has provided a two dollar per ($2.00) head supplement to the markets for the hiring of a private veterinarian to have the animals tested. That supplement was funded in part through a cooperative agreement with the United States Department of Agriculture (USDA). This testing at the livestock markets was a primary part of our surveillance program to uncover undisclosed Brucellosis reactors and was a required element of our cooperative program with USDA.

Because Texas has achieved Class Free status the federal funding for this supplement will eventually not be replenished. As such, the Commission wants to make the Brucellosis testing requirement dependent on the agency having sufficient funding for the first point testing program. The language being proposed would state that this requirement is dependent upon the Commission having sufficient supplemental funding for testing at the livestock markets. The rule will also provide a minimum of two (2) months prior to cessation of funds the agency will provide notice that the requirement will cease to be enforced on a specific date. This notice will be letters sent directly to all affected markets, as well as veterinary practitioners along with individual follow up from agency personnel as warranted. The reason for this modification to the rule is to allow the agency greater flexibility to cease the requirement if the funding is utilized far quicker than anticipated. This concern is particularly strong when there is a drought because greater numbers of cattle are sold through the markets depleting the funding far quicker. These modifications will allow the agency to act sooner without needing to modify the rule at that time to allow such actions.

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 rule is in effect, there will be no significant additional fiscal implications for state or 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 requirements and determined that there is not an adverse economic impact on cattle sellers and therefore there is no need to do an EIS. The purpose of the rule is to assure that the test requirements for Brucellosis are ceased once there is no longer funding for first point testing. Implementation of this rule poses no significant fiscal impact on small or micro-businesses. There are no anticipated costs to persons who are required to comply with the rule as proposed.

PUBLIC BENEFIT NOTE

Dr. Cochran also has determined that for each year of the first five (5) years the rule is in effect, the public benefit is being able to maintain testing until the funds to support the testing requirement are depleted.

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 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. This proposed rule is 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 proposal 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 amendment is 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 amendment.



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