The Texas Animal Health Commission (Commission) adopts amendments to §51.10, concerning Cervidae, and §51.11, concerning Goats, without changes to the proposed text as published in the April 9, 2010, issue of the Texas Register (35 TexReg 2812) and will not be republished.

The purpose of the amendments to Chapter 51 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 had 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.

No comments were received regarding adoption of the amendments.

STATUTORY AUTHORITY

The amendments are adopted 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.