The Texas Animal Health Commission (commission) proposes amendments to §54.9, concerning Live Bird Marketing System, in Chapter 54 which is entitled "Domestic and Exotic Fowl Registration". The purpose of the amendments is to address concerns regarding potential disease exposure associated with unconfined fowl.

The Fowl Registration Program was created to register domestic and exotic fowl sellers, distributors, or transporters who do not participate in disease surveillance programs recognized by the commission. The primary purpose of the program is to ensure that the various types of fowl being sold or transported throughout this state do not pose a disease risk which could devastate the various Texas fowl industries. Over the years Texas has experienced problems with several diseases which can be carried by the various types of fowl, some of which are not clinically affected by the disease.

The rule is being amended to put in place a requirement focused on an area of concern for disease exposure within the live bird marketing system. These fowl may share a communal water supply with wild bird populations which may be a potential disease source. As such, the rule is being amended to improve and clarify existing biosecurity protocols. Section 54.9(c)(4), as proposed, will require fowl to be confined in a cage, pen or other structure in order to provide a physical barrier at all times so as to keep the fowl separate and apart from all other fowl of infected, exposed or unknown health status and to limit exposure to wild bird populations. It is important that all participating facilities understand that biosecurity protocols include this important element for preventing the spread of disease and for protecting animal health in this state.

In addition to the biosecurity change, §54.9(g) is being amended to correctly identify the section that addresses violations of the live bird marketing system rules as §54.8.

FISCAL NOTE

Ms. Larissa Schmidt, Director of Administration, 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 and, therefore, there is no need to do an EIS. 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

Ms. Schmidt has also determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be to protect the public and fowl industries from potential disease exposure associated with unconfined fowl and wild bird populations.

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. The proposed amendments 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 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 Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758; by fax at (512) 719-0721; or by email 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 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. A person is presumed to control the animal if the person is the owner or lessee of the pen, pasture, or other place in which the animal is located and has control of that place; or exercises care or control over the animal. That is under §161.002.

Section 161.007 provides that if a veterinarian employed by the commission determines that a communicable disease exists among livestock, domestic animals, or domestic fowl or on certain premises or that livestock, domestic animals, or domestic fowl have been exposed to the agency of transmission of a communicable disease, the exposure or infection is considered to continue until the commission determines that the exposure or infection has been eradicated through methods prescribed by rule of the commission. 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.