The Texas Animal Health Commission proposes amendments to Title 4, Texas Administrative Code, Chapter 51 titled "Entry Requirements". Specifically, amendments are proposed to §51.5 concerning Movement of Quarantined Animals, and §51.10, concerning Cervidae. The Texas Animal Health Commission proposes the addition of §51.16, concerning Enforcement and Penalties.

The proposed amendments to §51.5 update the reference from §161.061 of the Texas Agriculture Code to §45.3 of the Texas Administrative Code in accordance with Senate Bill 705 enacted by the Texas Legislature during the 87th Regular Session. Senate Bill 705 amended §161.041 and §161.061 of the Texas Agriculture Code, and now requires the commission to adopt rules listing the diseases that require control or eradication. The commission adopted amendments to Chapter 45, titled "Reportable and Actionable Diseases", in a duly noticed meeting on September 21, 2021. The proposed amendments to §51.5 also clarify the Executive Director's approval is required for each consignment of animals moving to slaughter or to a quarantined feedlot for those animals affected with or recently exposed to an infectious, contagious, or communicable disease or that originate from quarantined herds or flocks. Grammatical and editorial changes are also proposed for consistency and improved readability. In §51.5(b), poultry and birds are proposed for deletion because "animal" encompasses the terms. "Animal" is defined in 4 TAC §51.1 to include livestock, exotic livestock, domestic fowl, and exotic fowl.

In §51.10, concerning Cervidae, amendments are proposed to subsections (a) and (b) to control and reduce the incidence of CWD entering Texas, as well as provide clearer guidelines of entry requirements for CWD susceptible species. CWD is a degenerative and fatal neurological communicable disease recognized by the veterinary profession that affects susceptible cervid species. CWD can spread through natural movements of infected animals and transportation of live infected animals or carcass parts. Specifically, prions are shed from infected animals in saliva, urine, blood, soft-antler material, feces, or from animal decomposition, which ultimately contaminates the environment in which CWD susceptible species live. CWD has a long incubation period, so animals infected with CWD may not exhibit clinical signs of the disease for months or years after infection. The disease can be passed through contaminated environmental conditions, and may persist for a long period of time. Currently, no vaccine or treatment for CWD exists. Grammatical and editorial changes are also proposed for improved readability and consistency. Specifically, certain terms and provisions, such as the addition of reindeer and caribou, are proposed to be consistent with Title 4 Texas Administrative Code Chapter 40.

The proposed new section, §51.16 concerning Enforcement and Penalties, describes the scope of violations and respective penalties as prescribed by Chapter 161 of the Texas Agriculture Code. Subsection (b) provides that administrative penalties may not exceed $5,000 each day a violation continues or occurs.

FISCAL NOTE

Ms. Myra Sines, Chief of Staff of the Texas Animal Health Commission, determined for each year of the first five years the rules are in effect, there will be no additional fiscal implications for state or local government because of enforcing or administering the proposed rules as commission employees currently allocated to these activities will continue to administer and enforce these rules as part of their current job duties and resources.

PUBLIC BENEFIT NOTE

Ms. Sines determined that for each year of the first five years the rules are in effect, the anticipated public benefit as a result is updating the rule to align with the requirement enacted during the 87th Regular Legislative Session that the Texas Animal Health Commission adopt rules listing the diseases that require control or eradication. As such, the proposed amendments update the reference to the diseases identified in Chapter 45 of the Texas Administrative Code.

The proposed amendments to §51.10(a) and (b) would reduce the risk of CWD entering Texas and clarify entry requirements for CWD susceptible species into Texas, which would improve understanding of entry permit approval or denial. Additionally, terms are amended for consistency with other chapters in Title 4 of the Texas Administrative Code. Further, grammatical and editorial changes are proposed in both sections for improved readability.

LOCAL EMPLOYMENT IMPACT STATEMENT

The commission determined that the proposed rules would not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission pursuant to Texas Government Code §2001.022.

MAJOR ENVIRONMENTAL RULE

The commission determined that Texas Government Code §2001.0225 does not apply to the proposed amendments because the specific intent of these rules is not primarily to protect the environment or reduce risks to human health from environmental exposure and, therefore, is not a major environmental rule.

TAKINGS ASSESSMENT

The commission determined that the proposal does not restrict, limit, or impose a burden on an owner's right to his or her private real property that would otherwise exist in the absence of government action. Instead, the proposed rules in part relate to the handling of animals, including requirements concerning movement, pursuant to 4 TAC §59.7. As such, the activities under the proposed amendments do not constitute a takings and do not require a Takings Assessment pursuant to Texas Government Code §2007.043.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS

The commission determined that because the proposed rules would not result in any direct economic effect on any small business, microbusiness, or rural community, neither the economic impact statement nor the regulatory flexibility analysis described in Texas Government Code, Chapter 2006, is required.

Although the commission does not predict adverse economic impacts to those directly regulated by the commission in Texas, the commission reviewed 97 permit requests in 2020 from 46 out-of-state consignors. As such, the commission considered alternatives to proposing the 25-mile radius requirement for entry. The commission considered proposing no action, halting all interstate movements, implementing a radius of 15 or 25 miles, and a radius of 25 miles unless otherwise epidemiologically determined by the Executive Director. Based on the recent discoveries of CWD in free-ranging, captive and herds certified in an Approved State CWD Herd Certification Program in Texas and other states, as well as the varying degree of disease response, testing and surveillance conducted by other states, the commission found the 25-mile radius with the flexibility for the Executive Director to epidemiologically evaluate entry requests on a case-by-case basis, necessary to protect the health of Texas' CWD susceptible species and prevent adverse economic impacts associated with Chronic Wasting Disease.

GOVERNMENT GROWTH IMPACT STATEMENT

In compliance with the requirements of Texas Government Code §2001.0221, the commission prepared the following Government Growth Impact Statement (GGIS). For each year of the first five years the proposed rules would be in effect, the commission determined the following:

1. The proposed rules would not create or eliminate a government program;

2. Implementation of the proposed rules would not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the proposed rules would not require an increase or decrease in future legislative appropriations to the commission;

4. The proposed rules would not require an increase or decrease in fees paid to the commission;

5. The proposed rules would not create a new regulation;

6. The proposed rules would expand existing rules and would not otherwise limit or repeal an existing regulation;

7. The proposed rules would not increase the number of individuals subject to the regulation; and

8. The proposed rules would not adversely affect this state's economy.

COST TO REGULATED PERSONS

The commission determined that for each year of the first five years in which the proposed rules are in effect, the proposed rules do not impose a direct cost on regulated persons, a state agency, a special district, or a local government within the state. Therefore, it is not necessary to repeal or amend any other existing rule.

REQUEST FOR COMMENT

Comments regarding the proposed rules may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax to (512) 719-0719, or by email to comments@tahc.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal in the Texas Register.

STATUTORY AUTHORITY

The amendments to Chapter 51 of the Texas Administrative Code are proposed pursuant to Chapter 161 of the Texas Agriculture Code.

Pursuant to Texas Agriculture Code §161.041, titled "Disease Control", the commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the commission determines require control or eradication. The commission shall adopt and periodically update rules listing the diseases that require control or eradication by the commission.

Pursuant to Texas Agriculture Code §161.046, titled "Rules", the commission is authorized to adopt rules as necessary for the administration and enforcement of this chapter.

Pursuant to Texas Agriculture Code §161.054, titled "Regulation of Movement of Animals; Exception", the commission may by rule regulation the movement of animals, and 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.

Pursuant to Texas Agriculture Code §161.0545, titled "Movement of Animal Products", the commission may adopt rules that require the certification of persons who transport or dispose of inedible animal products, including carcasses, body parts, and waste material. The commission by rule may provide terms and conditions for the issuance, renewal, and revocation of a certification.

Pursuant to Texas Agriculture Code §161.061, titled "Establishment", the commission may establish a quarantine against all or the portion of a state, territory, or country in which a disease listed in rules adopted under Section 161.041 exists.

Pursuant to Texas Agriculture Code §161.081, titled "Importation of Animals", the commission by rule may regulate the movement of livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl into this state from another state, territory, or country. The commission by rule may provide for the issuance and form of health certificates and entry permits.

No other statutes, articles, or codes are affected by this proposal.