The Texas Animal Health Commission proposes to repeal Chapter 51 in its entirety and propose a new Chapter 51 to be entitled, "Entry Requirements." The purpose of this new Chapter is to consolidate all of the commission's animal health entry requirements into one chapter. Specifically, the Texas Animal Health Commission proposes the repeal of §§51.1-51.6, concerning Interstate Shows and Fairs and proposes new §§51.1-51.15, concerning Entry Requirements.

The Commission has entry requirements spread through 12 different chapters. Those requirements are generally located in chapters designated for a specific species or disease. In order to provide a more cohesive organization of the agency's regulatory requirements, the commission plans to consolidate all the entry requirements into one chapter. This chapter will be organized by providing for a centralized location for all general, exceptions and special requirements. The specific entry requirements will then be located by species with specific requirements delineated by disease. The commission believes this will provide a more user friendly format for someone to use who is trying to comply with legal requirements when bringing livestock into Texas. Also, the commission believes this effort will help insure consistency throughout the various requirements through the consolidation efforts.

Chapter 51 currently contains a number of those entry requirements and associated definitions along with specific requirements related to "Shows, Fairs and Exhibitions." Those current requirements are generally being reorganized into the new format with some specific requirements related to equine being relocated to Chapter 49 entitled, "Equine."

There are several entry requirements related to disease and/or species which are not included in this proposal. Those requirements are going to be left intact in their current chapters and incorporated by reference in this chapter. In other words those requirements will stay in their current location with the appropriate reference placed in this proposal. They will be proposed at a later date for inclusion in this chapter. There are several reasons for such actions. First and foremost, it helps make the consolidation more manageable by incorporating at a later date those other chapters. Some of those requirements will be impacted by actions soon to be taken at a federal level which dictate that their inclusion in this chapter be made after those federal actions are clear so as to make this process easier.

The proposal also contains some new requirements intended to address some specific regulatory issues. The Commission is authorized to issue quarantines on states, counties or countries where there is the presence of a disease which could negatively impact Texas livestock. The commission has recently issued two quarantines on two states where chronic wasting disease is known to exist. This is in response to the concern that such animals, if imported into Texas, could pose a risk to our livestock and wildlife industries. However, in order to be sure that the agency can expediently exercise that authority, the Executive Director is specifically authorized, through §51.5 (c), to issue quarantines in response to a disease risk. That will allow the agency to move quickly in putting a quarantine in place and the commission will then act on the action at the next appropriate commission meeting.

The proposal contains specific authorization for the Executive Director to require additional inspection or testing for animals that are seeking to enter Texas which may pose a risk of disease transmission or parasite infestation. This section is intended to insure that the Executive Director has express regulatory authority, to act in response to a threat to Texas livestock, where there are no established regulatory requirements.

This proposal does provide for new requirements for cervids entering Texas. Section 51.10 contains requirements for chronic wasting disease (CWD). CWD is a transmissible spongiform encephalopathy (TSE) of elk and deer and it is recognized as communicable by the veterinary profession and is considered to be a serious threat to the Texas exotic wildlife industry and native Texas deer. There is no live animal test to determine the presence of the disease in living animals. In response to the number of reported cases found in other states, the agency is currently readjusting the requirements for entry of cervids because of CWD. Under the new requirements, the rules establish four standards. The first three are applicable to all susceptible cervids, excluding elk, with the fourth requirement being specific entry requirements for elk. The first is for susceptible cervids, excluding elk, coming from states where the disease is reportable and they have established a monitored herd status program for herds in that state. This standard will allow cervids to enter without additional requirements based on the fact that the state is actively monitoring the health status of those animals relative to CWD. The second standard is for cervids, excluding elk, coming from all those other states and basically prohibits entry unless documentation can be provided to show the animals to be at a low risk for CWD. The third standard is for cervids, excluding elk, coming from states where CWD has been found in free ranging cervids. Cervids from those states must come from a monitored herd for CWD with at least three years of history. That standard reflects the fact that the Texas program has been in existence for three years. The fourth standard is specifically for elk and reflects the situation that all the CWD disclosures to date, in the continental United States, are shown to involve elk. In light of that situation, the commission feels that all elk entering Texas must come from a monitored herd for CWD with at least three years of status history. This will insure that all elk coming into Texas are from herds that have been monitored specifically for that disease, thereby providing greater certainty that the disease is not present in that animal or from that herd. As there is not a live animal test for this disease, this is the most effective method for the commission to insure the health status of these animals in relation to this disease.

Elsewhere in this issue of the Texas Register, the Texas Animal Health Commission proposes the repeal and replacement of the following sections: §36.2, related to Entry requirements for Exotic Livestock and Fowl; §37.2, related to Interstate Movement Requirements from Areas where Screwworms Exist; §39.10, related to Livestock originating from Scabies Quarantined Areas; §40.4, related to Entry Requirements regarding Chronic Wasting Disease in Cervids (Deer); §43.12, related to Entry Requirements regarding Tuberculosis and Goats; §43.23, related to Entry Requirements regarding Tuberculosis and Cervids and §49.2, related to Entry Requirements for Equine. These sections all relate to entry of some type of livestock into Texas and as such are being repealed in the current format with a reference proposed in place which references the new location of that requirement.

This proposal establishes a series of sections with specific purposes. Section 51.1 provides for "Definitions" to terms used in this chapter. Section 51.2 provides for "General Requirements" for entry into the state. Section 51.3 provides for "Exceptions" to the general requirements. Section 51.4 provides for "Shows, Fairs and Exhibitions" with associated entry requirements for those gatherings. Section 51.5 provides for "Movement of Quarantined Animals" and the associated restrictions. Section 51.6 provides for "Special Requirements" regarding movement of livestock into and within Texas. Section 51.7 provides entry requirements for "All Livestock." Section 51.8 provides entry requirements for "Cattle." Section 51.9 provides entry requirements for "Exotic Livestock and Fowl." Section 51.10 provides entry requirements for "Cervidae." Section 51.11 provides entry requirements for "Goats." Section 51.12 provides entry requirements for "Sheep." Section 51.13 provides entry requirements for "Equine." Section 51.14 provides for entry requirements for "Swine." Section 51.15 provides entry requirements for "Poultry."

Bruce Hammond, Deputy Director for Administration and Finance, Texas Animal Health Commission, has determined for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Hammond also has determined that for each year of the first five years the rules are in effect, the public benefit anticipated as a result of enforcing the rules will be clear and concise regulations which can be found in one chapter.

In accordance with Government Code, Section 2001.022, this agency has determined that the adopted rule will not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission.

The agency has determined that the proposed governmental action will not affect private real property. These adopted rules are an activity related to the handling of animals, including requirements concerning 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.

Comments regarding the proposed rules may be submitted to Edith Smith, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail at "esmith@tahc.state.tx.us."

The new sections 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 Section 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 Section 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 Section 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 Section 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.

Section 161.061 provides that if the commission determines that a disease listed in Section 161.041 of this code or an agency of transmission of one of those diseases exists in a place in this state or among livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl, or that a place in this state where livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl are exposed to one of those diseases or an agency of transmission of one of those diseases, the commission shall establish a quarantine on the affected animals or on the affected place.

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