The Texas Animal Health Commission adopts the repeal of Chapter 51 in its entirety and adopts 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 adopts the repeal of §§51.1-51.6, concerning Interstate Shows and Fairs and adopts new §§51.1-51.15, concerning Entry Requirements. The repeal of §§51.1-51.6 are adopted without changes to the proposed text as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2386) and will not be republished. New §§51.1, 51.9 and 51.10 are adopted with changes and the text of the rules will be republished. New §§51.2-51.8 are adopted without changes and will not be republished.

The commission received one comment which reflects inclusion of a species and as such the text will be not be republished. One commenter with the South Central Llama Association requested that a change be made to §51.9 related to Brucellosis testing of llamas and alpacas. The proposed requirement exempted neutered llamas from brucellosis test requirements. The commentator requested that Alpaca's be included in the exemption as several livestock shows are having "all-alpaca" shows. The Commission concurs with the recommendation and changes the exemption from "Llamas" to "Camelidaes". This therefore qualifies all neutered members of the species.

Also the definition for "permit", §51.1, uses the term cattle which does not conform to the actual permit requirement which is for all animals. As such that clarification of the definition is also made to bring the definition of permit into conformity with the requirements. Lastly the Commission includes a statement into the entry requirement for Cervidae, §51.10, which denotes the fact that these requirements are not applicable if the commission has a quarantine in place which prohibits the entry of cervids or elk. Currently the commission has in place a quarantine which prohibits the entry of all white-tail, black tail, mule deer and elk from entering Texas because of possible exposure to Chronic Wasting Disease. Until that quarantine is rescinded or modified all entry of these species is prohibited. This clarification is added to insure that anyone accessing these requirements are aware that the current quarantine has superceded these entry requirements by prohibiting entry of these animals. The commission will be proposing new standards for entry of specific deer and elk which will provide greater protection of the livestock and wildlife in this state and hopefully allow the quarantine to be lifted.

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 is consolidating all the entry requirements into one chapter. This chapter is 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 through out the various the requirements through the consolidation efforts.

The repealed version of Chapter 51 contained a number of those entry requirements and associated definitions along with specific requirements related to "Shows, Fairs and Exhibitions". Those current requirements are being either reorganized into the new format or relocated into Chapter 49, entitled "Equine."

There are several entry requirements adopted that relate to disease and/or species which were not included in this adoption. Those requirements are currently 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 adoption. 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 makes 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 there inclusion in this chapter be made after those federal actions are clear so as to make this process easier.

The adoption also contains some new requirements intend to address some specific regulatory issues. The Commission's 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 a quarantine which prohibits the entry of white tail, black tail, mule deer and elk from entering Texas because of exposure to Chronic Wasting Disease. This is in response to the concern that such animals if imported into Texas could pose a risk to our livestock and wildlife industries. In order to be sure that the agency can expediently exercise that authority, the Executive Director is specifically authorized, through Section 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 adoption 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.

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.

This adoption does provide for new requirements for cervids entering Texas. Section 51.10 contains requirements for Chronic Wasting Disease (CWD). These requirements are currently superceded by a quarantine which prohibits the entry of white tail, black tail, mule deer and elk. The commission, at their May 22nd meeting, adopted a quarantine prohibiting entry of the aforementioned animals. Until that quarantine is rescinded or modified all entry under the requirements of §51.10 is suspended. Also the Commission is following up with a proposal to amend those entry requirements provide for higher standards which are demonstrated to be protective of livestock, exotic livestock and wildlife in Texas. Those heightened requirements will be put out for comments while the quarantine remains in effect.

Elsewhere in this issue of the Texas Register, the Texas Animal Health Commission adopts 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 adopted in place which references the new location of that requirement.

This adoption establishing 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" regarding entry requirements 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 "Swine" and §51.15 provides entry requirements for "Poultry".

Under Section 2001.036(a)(2) of the Government Code if a state agency finds that an expedited effective date is necessary because of imminent peril to the public health, safety, or welfare, and subject to applicable constitutional or statutory provisions, a rule is effective immediately on filing with the secretary of state, or on a stated date less than 20 days after the filing date. The commission request that these rules have an expedited effective date in order to allow for proposal of new requirements for deer and elk. The commission believes that such action is in response to concern from the deer and elk breeders who believe that as long as the quarantine of deer and elk remains in place there is an imminent peril to the health and safety of this state by illegal hauling of these animals into Texas because of no applicable entry requirements.

The new rules 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 is found in §161.061.

Section 161.081, regarding the "Importation of Animals" provides that the commission by rule may regulate the movement, including movement by a railroad company or other common carrier, of livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl into this state from another state, territory, or country. Furthermore the commission by rule may provide the method for inspecting and testing animals before and after entry into this state.

Also the commission by rule may provide for the issuance and form of health certificates and entry permits. The rules may include standards for determining which veterinarians of this state, other states, and departments of the federal government are authorized to issue the certificates or permits.

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.

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 or 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.