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Texas Register Preamble


The Texas Animal Health Commission (Commission) proposes new §49.5, concerning Piroplasmosis: Identification of Infected Equine. The new section requires permanent official identification of equine positive for piroplasmosis.

In October 2009 equine piroplasmosis was disclosed as having infected horses in South Texas. Equine piroplasmosis a tick-borne protozoal infection of horses. At least one species of tick, Amblyomma cajennense, has proven capable of transmitting the blood parasite. This species of tick is endemic to South Texas and several other southern states. Also, the disease may be spread between horses by unsafe animal husbandry practices such as sharing needles or equipment that is contaminated with blood. While piroplasmosis can be a fatal disease, many horses may display vague signs of illness, such as fever, inappetance or jaundice. Several states have imposed interstate movement restrictions on horses from Texas.

In January of this year the Commission hosted a meeting of thirty two (32) representatives from twenty (20) Texas equine industry groups to discuss the status of piroplasmosis in the state. Risk procedures for positive and exposed horses were discussed and input sought on how the state should further respond in terms of surveillance, movement requirements, and identification of positive horses. Discussion is ongoing on the need to develop a control program. However, these positive equine can potentially expose any equine that unknowingly associates with the positive equine. In order to ensure that these animals are identified for that purpose, the Commission is proposing to require the permanent identification of all equine positive for piroplamosis. The current proposal requires that a reactor equine have both a permanent marking, such as a freeze brand, hoof brand or some other form of permanent marking accepted by the Commission and some form of official identification or an identification device approved by the Commission that provides unique identification for each individual animal. The Commission is soliciting comments on the identification requirements in order to better feedback on the proposed identification standard as well as to better understand what is acceptable to our equine community.

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 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 the equine industry and therefore there is no need to do an EIS. The purpose of the rule is to assure that positive or reactor equine for this disease are identified in a manner which allows others with equine to be aware that the animal is positive and therefore able to ensure that there is a reduced risk of exposure to their horse or other horses. 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 anticipated as a result of enforcing the rule will be clear and concise regulations for identifying positive animals.

LOCAL EMPLOYMENT IMPACT STATEMENT

In accordance with 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 concerning testing, movement, inspection, identification, reporting 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 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 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.



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