Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007 Page: 3,085
3077-3422 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.
U LE S 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. [Squar b]akets ket *gh]
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
COMMISSIONCHAPTER 43.
SUBCHAPTERTUBERCULOSIS
A. CATTLE AND BISON4 TAC 43.2
The Texas Animal Health Commission (Commission) proposes
amendments to Chapter 43, 43.2, concerning Tuberculosis.
This proposal adds a new subsection (n) regarding dairy cattle
moving intrastate. The Commission will have a forty-five day
comment period for this proposal.
The commission proposes a new subsection (n) which is enti-
tled "Intrastate Movement of Dairy Cattle." The requirement pro-
vides that all dairy cattle being transported within Texas shall be
identified by official identification or identification approved by the
Commission. The reason for the requirement is based on the risk
of tuberculosis exposure from untested dairy cattle for tubercu-
losis.
The United States Department of Agriculture (USDA) recently
approved the state of Texas tuberculosis designation as being
accredited-free. The classification designation by USDA declar-
ing Texas as an accredited free state frees the state from the
tuberculosis testing requirements for Texas cattle moving inter-
state. However in obtaining that status the Commission had all
dairy cattle in Texas tested for Tuberculosis. To ensure that the
state maintains a Tuberculosis Free Status the Commission has
in place a tuberculosis test requirement for dairy cattle entering
Texas. Recently several states, such as New Mexico and Ari-
zona have disclosed tuberculosis in dairy herds raising the risk
and concern for Texas dairy cattle. In order to have any mean-
ingful surveillance for tuberculosis and minimizing the risk of ex-
posure to tuberculosis, identification is the key component to
surveillance. For that purpose the Commission is proposing that
all dairy cattle being transported within Texas shall be identified
by official identification or identification approved by the Com-
mission.
FISCAL NOTE
Mike Jensen, Deputy Director for Administration and Finance,
Texas Animal Health Commission, has determined that for the
first five-year period the amendments are in effect, there will be
no additional fiscal implications for state or local government as
a result of enforcing or administering the amended rule. The fis-
cal impact can not be fully assessed for individuals complying
with the requirements. The agency's regulatory functions pose
no significant fiscal costs to individuals; it will recur de minimis
costs, but such costs are ordinary costs of commerce and doingintra- and interstate commerce. The requirements are intended
to protect the overall animal health industries in Texas from ex-
posure to diseases and the general cost of compliance with the
requirements is not intended to create a financial hardship but
rather be a typical cost of moving animals in commerce without
posing a disease risk. There will be no effect on small or micro
businesses.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first
five years the amendments are in effect, the public benefit antic-
ipated as a result of enforcing the amendments will be clear and
concise regulations which can be found in one chapter.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, 2001.022, this agency
has determined that the adoption of the amended rule will not
impact local economies and, therefore, did not file a request for
a local employment impact statement with the Texas Workforce
Commission.
TAKINGS ASSESSMENT
The agency has determined that the proposed governmental
action will not affect private real property. The adoption of the
amended rule is an activity related to the handling of animals, in-
cluding requirements concerning testing, movement, inspection,
identification, reporting disease, and treatment, in accordance
with 4 TAC 59.7, and is, therefore, compliant with the Private
Real Property Preservation Act in Government Code, Chapter
2007.
REQUEST FOR COMMENT
Comments regarding the proposed amendments may be submit-
ted to Delores Holubec, Texas Animal Health Commission, 2105
Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or
by e-mail at "comment@tahc.state.tx.us." The Commission will
have a forty-five day comment period for this proposal.
STATUTORY AUTHORITY
The amendments to 43.2 are proposed under the following
statutory authority as found in Chapter 161 of the Texas Agricul-
ture 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 transmis-
sion of one of those diseases, the Commission shall establishPROPOSED RULES June 8, 2007 32 TexReg 3085
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Texas. Secretary of State. Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007, periodical, June 8, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97400/m1/8/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.