Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,761
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(3) Be sold and moved under a Hold Order to such place as
specified by the Commission for testing to change status from a slaugh-
ter bull. Such bulls shall be officially individually identified with a
permanent form of identification prior to movement, move to the des-
ignated location on a movement permit, and be held in isolation from
female cattle at the designated location [for not less than24 days] where
the bull shall undergo three consecutive culture tests at least [or for
not less than] seven days apart or [where the bull shall undergo] one
RT-PCR test. If the results of any test are positive, the bull shall be
classified as infected and be permitted for movement only directly to
slaughter or to a livestock market for sale directly to slaughter; or[.]
(4) Be sold and moved to another physical location under
permit issued by Commission personnel, and then to a livestock market
or location to be resold within seven days from the date of issuance.
The bull cannot be commingled with female cattle during the seven
days.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 23,
2013.
TRD-201304193
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: November 3, 2013
For further information, please call: (512) 719-0724
CHAPTER 41. FEVER TICKS
4 TAC 41.1, 41.8
The Texas Animal Health Commission (commission) proposes
amendments to 41.1, concerning Definition of Terms, and
41.8, concerning Dipping and Treatment of Livestock, in Chap-
ter 41 entitled "Fever Ticks". The purpose of the amendments is
to add a new definition for animals and new treatment standards.
The Texas Cattle Fever Tick Eradication Program (Program) is
undergoing some changes in order to make it more effective in
the efforts to eradicate the Texas cattle fever tick. The Program
has looked at other treatment options, other than dipping, as
effective deterrents to the fever tick and the rules are amended
to add these options.
During the most recent Texas Legislative Session, House Bill
(H.B.) 1807 was enacted into law and it amends the Agriculture
Code to broaden the scope of statutory provisions relating to tick
eradication by providing for the treatment of animals, rather than
just dipping of livestock.
The bill defines animal as any domestic, free-range, or wild an-
imal capable of hosting or transporting ticks capable of carry-
ing Babesia, including livestock; zebras, bison, and giraffes; and
deer, elk, and other cervid species. The bill defines treatment
as a procedure or management practice used on an animal to
prevent the infestation of, control, or eradicate ticks capable of
carrying Babesia. H.B. 1807 requires each animal submitted for
movement from a quarantined enclosure to be treated as pre-
scribed by commission rules before a certificate or permit for
movement is issued if ticks are found on any of the animals,
rather than require each head of livestock submitted for suchmovement to be dipped at certain intervals and found free from
ticks at the last dipping before such a certificate or permit is is-
sued if ticks are found on any of the livestock.
The commission is proposing to authorize treatment require-
ments using injectable doramectin including a withholding
period of 35 days. Section 41.8 is being amended to include
treatment as part of the timeframes that have historically been
associated with requirements for dipping. Also, the title for the
Pasture Vacation Schedule is amended to indicate it as being
Pasture Treatment or Vacation Schedule. Also, free-ranging
wildlife or exotic livestock that are found infested, or exposed
premises which are capable of hosting fever ticks, will be treated
by ivermectin medicated corn that may be administered by a
representative of the commission following the close of the
hunting season, provided that treatment is terminated at least
60 days prior to the beginning of the next hunting season to
comply with the required withdrawal period. Also, permethrin
impregnated roller devices may be used for topical treatment
of free-ranging wildlife or exotic livestock during periods when
ivermectin medicated corn is not administered. The commission
may specify the use of other pesticides for treatment of wildlife
or exotic livestock when deemed necessary to control and
eradicate fever ticks.
FISCAL NOTE
Ms. Larissa Schmidt, Director of Administration, Texas Animal
Health Commission, has determined for the first five-year period
the rules are in effect, there will be no significant additional fiscal
implications for state or local government as a result of enforcing
or administering the rules. An Economic Impact Statement (EIS)
is required if the proposed rule has an adverse economic effect
on small businesses. The agency has evaluated the require-
ments and determined that there is not an adverse economic
impact and, therefore, there is no need to do an EIS. Implemen-
tation of these rules poses no significant fiscal impact on small
or micro-businesses.
PUBLIC BENEFIT NOTE
Ms. Schmidt has also 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 to have other treatment
options available to control and eradicate fever ticks in the state.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Texas Government Code 2001.022, this
agency has determined that the proposed rules 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 are an activity related to the handling of animals, includ-
ing requirements for testing, movement, inspection, identifica-
tion, 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 Carol
Pivonka, Texas Animal Health Commission, 2105 Kramer Lane,
Austin, Texas 78758, by fax at (512) 719-0721 or by e-mail atPROPOSED RULES October 4, 2013 38 TexReg 6761
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Texas. Secretary of State. Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013, periodical, October 4, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342082/m1/15/?rotate=270: accessed April 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.