Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007 Page: 3,093
3077-3422 p. ; 28 cm.View a full description of this periodical.
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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."
STATUTORY AUTHORITY
The amendments to 53.5 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 establish
a quarantine on the affected animals or on the affected place.
That is found in 161.061.
As a control measure, the Commission by rule may regulate
the movement of animals. The Commission may restrict the in-
trastate 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 de-
termine if the shipment presents a danger to the public health or
livestock industry through insect infestation or through a commu-
nicable 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 in-
struments on behalf of the Commission. A written instrument,
including a quarantine or written notice signed under that au-
thority, 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 161.041 of this code or an agency of trans-
mission 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 transmis-
sion 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 amend-
ments.
53.5. Market Recordkeeping.
(a) A market must maintain records of all cattle consigned to
the market [that are parturient or potpartuient or 8 months of age
er telder]. The records must show the buyer's and seller's names and
addresses, county of origin of the cattle, number of animals, delivery
vehicle license number, and a description of each animal including sex,
age, color, breed, brand, and individual identification such as eartag,
bangle tag, backtag, tattoo, or firebrand. Such records must be main-
tained for a minimum of seven [twoe] years after the date of the transac-
tion and must be made available for inspection by Texas Animal Health
Commission (TAHC) representatives.(b) A market must maintain records of all swine sold includ-
ing the buyer's and seller's names and addresses, county of origin of
the swine, number of animals, delivery vehicle license number, and a
description of each animal, including sex, age, color, breed, and indi-
vidual identification such as eartag, bangle tag, earnotch, backtag, or
slap tattoo. Such records must be maintained for a minimum of seven
[two] years after the date of the transaction and must be made available
for inspection by TAHC representatives.
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 May 25, 2007.
TRD-200702082
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: July 8, 2007
For further information, please call: (512) 719-0700
CHAPTER 59. GENERAL PRACTICES AND
PROCEDURES
4 TAC 59.8
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of
the Texas Animal Health Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Animal Health Commission (Commission) proposes
the repeal of 59.8, concerning a Memorandum of Understand-
ing (MOU) with Travis County. The Commission proposes to
terminate the MOU. The MOU authorizes and permits the Travis
County Sheriff's Department to check health certificates during
the performance of their other duties. The MOU is specifically
authorized by 161.052 of the Texas Agriculture Code. The
MOU was originally executed at the request of the Travis County
Sheriff's Department in 2000. The statute requires that both en-
tities reaffirm the MOU on an annual basis. During the renewal
process the Travis County Sheriff's Department determined that
they did not want to maintain the MOU and asked to have it re-
scinded. The Travis County Commissioner's Court at their Feb-
ruary 6, 2007 meeting voted to terminate the MOU. That ac-
tion can be found in the Travis County Minutes available on-
line as item Number 23 at http://www.co.travis.tx.us/commission-
ers_cou rt/minutes/2007/02/070206vs. pdf.
FISCAL NOTE
Mike Jensen, Assistant Executive Director of Administration,
Texas Animal Health Commission, has determined for the first
five-year period the repeal is in effect, there will be no additional
fiscal implications for state or local government as a result of
enforcing or administering the repeal. Implementation of this
repeal poses no significant fiscal impact on small or micro-busi-
nesses. There will be no effect to individuals required to comply
with the repeal as proposed.
PUBLIC BENEFIT NOTE
Mr. Jensen also has determined that for each year of the first five
years the repeal is in effect, the public benefit anticipated as aPROPOSED RULES June 8, 2007 32 TexReg 3093
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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/m1/16/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.