The Texas Animal Health Commission (Commission) proposes to add new §38.8, concerning Herd Certification Program--Breeding Bulls.

Bovine Trichomoniasis (aka trichomoniasis or trich) is a venereal disease of cattle caused by the protozoa Tritrichomonas foetus (T. foetus). The Commission convened a Trichomoniasis (Trich) Working Group (TWG), which met in September of 2008, to provide recommendations to the Commission on the components and implementation strategy for a Trichomoniasis Control Program for the State of Texas. The Commission proposed and adopted rules which implemented a Trichomoniasis Control Program focused on testing breeding bulls. That program was implemented on January 1, 2010. In support of that program the Commission is proposing a voluntary Herd Certification Program.

This section will allow us to recognize herds which have voluntarily conducted whole herd testing in order to achieve Certified Free Trichomoniasis Herd status. Herds which have achieved this status have distinct advantages in the marketability and interstate movement of animals. Section 38.8 is entitled "Herd Certification Program" and establishes that program. The program provides the ability for the owner of all non-virgin breeding bulls to test his herd annually for the three (3) consecutive years, and following the test requirements for adding new bulls to the herd making it easier for changes of ownership, leased, rented or otherwise transferred. Bovine females added to a certified herd shall not originate from a known T. foetus infected herd. Female herd additions must originate from a certified T. foetus free herd or qualify in an identified category. After three (3) annual tests all non-virgin bulls shall be tested for T. foetus every two (2) years thereafter to maintain certification status.

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 breeders or raisers and therefore there is no need to do an EIS. The purpose of the rule is to assure that bulls participating in a herd program are not infected with Trich. 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 has also determined that for each year of the first five (5) years the rule is in effect, the public benefit 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 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 new section 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 new section.