Texas Register, Volume 38, Number 24, Pages 3701-3856, June 14, 2013 Page: 3,725
3701-3856 p. ; 28 cm.View a full description of this periodical.
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PROPOSED
Proposed rules include new rules, amendments to existing rules, and repeals of existing rules.
UL ES A state agency shall give at least 30 days' notice of its intention to adopt a rule before it
adopts the rule. A state agency shall give all interested persons a reasonable opportunity to
submit data, views, or arguments, orally or in writing (Government Code, Chapter 2001).
Symbols in proposed rule text. Proposed new language is indicated by underlined text. [Sur brekeOaIk4-utDOt hgand
indicate existing rule text that is proposed for deletion. "(No change)" indicates that existing rule text at this level will not be
amended.TITLE 4. AGRICULTURE
PART 2. TEXAS ANIMAL HEALTH
COMMISSION
CHAPTER 35. BRUCELLOSIS
SUBCHAPTER A. ERADICATION OF
BRUCELLOSIS IN CATTLE
4 TAC 35.4
The Texas Animal Health Commission (commission) proposes
amendments to 35.4, concerning Entry, Movement, and
Change of Ownership, in Chapter 35, which is entitled "Bru-
cellosis". The purpose of the amendments is to remove the
current permanent official identification requirement for sexually
intact adult cattle changing ownership and to change the entry
requirements for sexually intact cattle entering Texas from the
states of Idaho, Montana, and Wyoming due to the risk of
brucellosis, which is prevalent in the Greater Yellowstone Area
(GYA) of those states.
The commission recently adopted identification requirements
that all sexually intact cattle that are parturient or post parturient
or 18 months of age and older, changing ownership, shall
be officially identified with commission-approved permanent
identification. The commission is proposing to remove the
identification requirements for cattle and move any identification
requirements to a new chapter for the purpose of establishing
the standards for livestock under the federal animal disease
traceability program.
The commission is also proposing to change the brucellosis
regulations to require an entry permit and a post entry test
for all breeding cattle from the states of Idaho, Montana, and
Wyoming. In view of the continued occurrence of brucellosis
infection disclosed in domestic cattle, elk, and bison in the
states of Wyoming, Montana, and Idaho that border Yellowstone
National Park, otherwise known as the GYA, the commission
is proposing bovine brucellosis entry regulations for breeding
cattle from these three states. Analysis of the United States
Department of Agriculture Veterinary Services (USDA-VS)
October 2012 review of the GYA states disclosed various
weaknesses in the biosecurity plans for cattle movements
from the Designated Surveillance Area (DSA), even though
all three states are considered "Free" of brucellosis by USDA.
Test-eligible cattle (sex/age requirements vary between the
states) within the DSA of all three states are allowed movement
out of the DSA with one negative test within 30 days, which
appears to qualify these animals for interstate shipment without
restrictions. Information gathered during the USDA-VS review
and more recent information on elk population dynamics raisesgreat concern about the ability of the GYA states' brucellosis
management plans to adjust quickly enough to prevent spread
of disease. The cessation of comprehensive national and state
brucellosis surveillance puts Texas at risk of not being able to
quickly detect brucellosis if introduced from these states.
The commission is proposing that all sexually intact females and
breeding bulls over 18 months of age entering Texas from Idaho,
Montana, and Wyoming be held under restriction until tested
negative for bovine brucellosis no less than 60 days and no more
than 120 days after entry. Female cattle under 18 months of age
(heifers) or adult females that have not calved (pre-parturient)
must test negative no less than 30 days nor more than 90 days
after calving (post parturient). All testing will be at the owner's
expense. All cattle described above requiring a post entry test
must also receive an entry permit issued in advance by the com-
mission.
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 significant additional fiscal im-
plications 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-busi-
nesses.
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 will be to protect
the Texas cattle industry from any undue risk of exposure to bru-
cellosis.
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 Com-
mission.
TAKINGS ASSESSMENT
The agency has determined that the proposed governmental ac-
tion will not affect private real property. The proposed amend-
ments address an activity related to the handling of animals, in-
cluding requirements for testing, movement, inspection, identifi-
cation, 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.PROPOSED RULES June 14, 2013 38 TexReg 3725
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Texas. Secretary of State. Texas Register, Volume 38, Number 24, Pages 3701-3856, June 14, 2013, periodical, June 14, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313176/m1/24/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.