reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 55 - SWINE › Section 55.8 - Dealer Recordkeeping

Current through Reg. 49, No. 28; July
				12, 2024
(a)
				Definitions. Dealer:
(1) any person engaged
				in the business of buying or selling swine in commerce on his own account, as
				an employee or agent of the vendor, the purchaser, or both, or on a commission
				basis;
(2) shall not include a
				person who buys or sells swine as part of his own bona fide breeding, feeding,
				or stocker operations but does include livestock markets and commission
				merchants.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 55 - SWINE › Section 55.9 - Feral Swine Requirements, Facility Approval and Authorization

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				terms, when used in this section, shall have the following meanings, unless the
				context clearly indicates otherwise:
(1)
				Approved holding facility--A pen or pens approved by the commission to
				temporarily hold feral swine pending movement to a recognized slaughter
				facility, an authorized hunting preserve, or another approved holding
				facility.
(2) Authorization--The
				required written and signed commission documents to show compliance with the
				requirements of the chapter.
(3)
				Authorized Hunting Preserve--Land where feral swine are authorized to be
				released for the purpose of hunting.
(4) Domestic Swine--Swine (
Sus
				scrofa
) other than feral swine.
(5) Feral swine--Swine that have lived all
				(wild) or any part (feral) of their lives free-roaming.
(6) Free-Roaming--Not confined by man to
				pens, houses or other facilities designed to hold swine and prevent their
				escape.
(7) Recognized slaughter
				facility--A slaughter facility operated under the state or federal meat
				inspection laws and regulations.
(8) Swine-Proof Fence--A fence constructed to
				sufficient construction standards with materials of hog-proof net, woven or
				welded wire and wood, metal or other approved posts and maintained to prevent
				the ingress and egress of feral swine.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 55 - SWINE › Section 55.10 - Enforcement and Penalties

Current through Reg. 49, No. 28; July
				12, 2024
(a) A person
				who violates a rule or order under this chapter is subject to administrative
				penalties, criminal penalties, sanctions, and civil remedies as authorized by
				Chapter 161 and Chapter 165 of the Texas Agriculture Code.
(b) An administrative penalty for a violation
				may be in an amount not to exceed $5,000. Each day a violation continues or
				occurs is a separate violation for purposes of imposing a penalty.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 56 - GRANTS, GIFTS, AND DONATIONS › Section 56.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to establish rules for
				  acceptance of private donations and to establish standards of conduct to govern
				  the relationships between commissioners and employees of the Texas Animal
				  Health Commission and private donors.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 56 - GRANTS, GIFTS, AND DONATIONS › Section 56.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Commission--The Texas
				Animal Health Commission.
(2)
				Commissioner--A member of the commission appointed by the Governor.
(3) Employee--A regular, acting, or exempt,
				full- or part-time employee of the commission.
(4) Executive director--The Executive
				Director of the Texas Animal Health Commission.
(5) Private donor--One or more individuals or
				organizations that offer and/or give gifts or donations, in whatever form, to
				the commission.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 56 - GRANTS, GIFTS, AND DONATIONS › Section 56.3 - Acceptance of Grants, Gifts, and Donations

Current through Reg. 49,
				No. 28; July 12, 2024
(a) The executive director, on behalf of the
				commission, may accept gifts, grants, and donations upon a determination that
				the donation is for purposes consistent with Texas Agriculture Code, Chapter
				161.
(1) The executive director shall report
				all accepted gifts and donations to the commissioners.
(2) If the value of the donation is $500 or
				more, the commissioners must, by a majority vote during an open meeting,
				acknowledge the donation, no later than the 90th day after the date it is
				accepted. The minutes of the open meeting will reflect the acknowledgement by
				recording the name of the donor, a description of the gift, and a general
				statement of the purpose for which the gift will be used.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 56 - GRANTS, GIFTS, AND DONATIONS › Section 56.4 - Solicitation

Current through Reg. 49, No. 28; July 12, 2024
The commission may solicit grants, gifts, and donations
				  limited to purposes consistent with Chapter
				  161 of the Texas
				  Agriculture Code and in accordance with §56.6 of this
				  chapter.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 56 - GRANTS, GIFTS, AND DONATIONS › Section 56.5 - Restricted/Unrestricted Donations

Current through Reg. 49, No. 28; July 12,
				2024
(a) Donations to
				the commission may be for any amount and for specified or unspecified
				purposes.
(b) Conditional or
				restricted donations for purposes specified by the donor may be accepted only
				if the specified purpose is consistent with the mission, purpose, legal
				authority, and goals of the commission. Upon acceptance, restricted donations
				shall be used only for purposes specified by the donor.
(c) Unconditional donations shall be used to
				carry out the approved purposes of the commission, consistent with state laws
				and these rules.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 56 - GRANTS, GIFTS, AND DONATIONS › Section 56.6 - Standards of Conduct Between Commissioners and Employees and Private Donors

Current through Reg. 49, No. 28; July 12, 2024
(a) A commissioner or employee shall not
				accept or solicit any gift, favor, or service from a private donor that might
				reasonably tend to influence the commissioner's or employee's official
				conduct.
(b) A commissioner or
				employee shall not accept employment or engage in any business or professional
				activity with a private donor that the commissioner or employee might
				reasonably expect would require or induce the commissioner or employee to
				disclose confidential information acquired by reason of the commissioner's or
				employee's official position.
(c) A
				commissioner or employee shall not accept other employment or compensation from
				a private donor that could reasonably be expected to impair the commissioner's
				or employee's independence of judgment in the performance of the commissioner's
				or employee's official duties.
(d)
				A commissioner or employee shall not make personal investments in association
				with a private donor that could reasonably be expected to create a substantial
				conflict between the commissioner's or employee's private interest and the
				interest of the commission.
(e) A
				commissioner or employee shall not solicit, accept, or agree to accept any
				benefit for having exercised the commissioner's or employee's official powers
				on behalf of a private donor or performed official duties in favor of a private
				donor.
(f) A commissioner or
				employee who has policy direction over the commission and who serves as an
				officer or director of a private donor shall not vote on or otherwise
				participate in any measure, proposal, or decision pending before the private
				donor if the commission might reasonably be expected to have an interest in
				such measure, proposal, or decision.
(g) A commissioner or employee shall not
				authorize a private donor to use property of the commission unless the property
				is used in accordance with a contract between the commission and the private
				donor, or the commission is otherwise compensated for the use of the
				property.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 56 - GRANTS, GIFTS, AND DONATIONS › Section 56.7 - Acceptance of Gift From Party to Contested Case Prohibited

Current
				through Reg. 49, No. 28; July 12, 2024
The commission may not accept a gift from a person who is a
				  party to a contested case pending before the commission from the inception of
				  the case until the 30th day after the date the decision in the case becomes
				  final under §
									2001.144 of the Texas
				  Government Code. In this section, "contested case" has the meaning assigned by
				  Texas Government Code, §2001.003.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 57 - POULTRY › Section 57.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Approved
				laboratories--Texas A&M Poultry Diagnostic Laboratories located at College
				Station, Center, and Gonzales, Texas, the National Veterinary Services
				Diagnostic Laboratory located in Ames, Iowa, and other laboratories
				specifically approved by the commission.
(2) Baby poultry--Any newly hatched poultry
				that has not been fed or watered.
(3) Commission--The Texas Animal Health
				Commission.
(4) Commuter Flock--A
				National Poultry Improvement Plan (pullorum-typhoid clean or equivalent) flock
				in good standing with operations in participating states that are under single
				ownership or management control whose normal operations require interstate
				movement of hatching eggs and/or baby poultry without change of ownership for
				purposes of hatching, feeding, rearing or breeding. The owner or representative
				of the company owning the flock and chief animal health officials of
				participating states of origin and destination must have entered into a signed
				"Commuter Poultry Flock Agreement."
(5) Designated areas--Laryngotracheitis (LT)
				area. An area considered exposed to LT consisting of a minimum of a one-mile
				radius around an infected farm and in which chick embryo origin LT vaccine may
				be used as provided in the regulations and where other specific procedures
				apply.
(6) Endemic--A disease of
				low occurrence that is constantly present in a given animal
				population.
(7) Hatching
				eggs--Poultry eggs for hatching purposes including embryonated eggs.
(8) Permit--A written authorization for
				movement issued by the commission.
(9) Person--A partnership, firm, corporation,
				association, or individual.
(10)
				Poultry--Chickens, turkeys, game birds of all ages, and other domestic fowl,
				except baby poultry as defined in this section.
(11) Reportable poultry disease--
(A) Infection of and/or exposure to any of
				the following diseases shall be reported immediately upon disclosure of the
				disease to the Commission:
(i) Viral.
(I) Avian influenza.
(II) Exotic Newcastle (VVND).
(III) Infectious laryngotracheitis
				(LT).
(IV) Duck plague (duck
				enteritis).
(V) Avian
				Encephalitis.
(VI) Paramyxovirus
				Disease other than Exotic Newcastle (VVND).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 57 - POULTRY › Section 57.11 - General Requirements

Current through Reg. 49, No. 28; July 12,
				2024
(a) Quarantine
				provisions.
(1)Poultry and/or premises shall
				be placed under quarantine when evidence of infection or possible exposure to
				any contagious and/or communicable disease not considered to be endemic exists
				in the State of Texas. A quarantine shall remain in effect until
				epidemiological evidence of the existing disease or exposure thereto is
				satisfied. After due consideration of epidemiological evidence, the executive
				director of the commission may cause the quarantine to be released.
(2) When Laryngotracheitis infection is
				confirmed in any house on a farm, the entire farm will be placed under
				quarantine, and all poultry on that farm will be considered infected and no
				molting will be allowed until after the quarantine has been released. Official
				quarantine signs will be posted in a prominent place at the entrance to the
				premise and on the doors of each house. The doors should be locked when the
				house is unattended.
(3) Premises
				may be released from a Laryngotracheitis quarantine when:
(A) the farm has been depopulated and
				established cleaning and disinfection procedures have been applied;
(B) all infected poultry have been removed
				and all replacement poultry have been vaccinated twice with cell culture
				vaccine, no chick embryo origin vaccine has been used, and a surveillance
				system as established by the commission is carried out with no evidence of
				active infection; or
(C) all dead
				poultry and caked litter are removed; the houses are sprayed with disinfectant
				and closed for 15 to 30 days; and two consecutive sets of nonvaccinated poultry
				are raised in the houses with no evidence of infection based on commission
				surveillance.
(4) When
				fowl typhoid (S. gallinarum) infection is confirmed in a flock, the farm on
				which the flock is located shall be placed under quarantine and the flock
				depopulated. Following depopulation and burial or incineration of all poultry,
				nest material, and litter, the premise and facilities shall be cleaned and
				disinfected. The premise shall remain quarantined for at least 180 days
				following depopulation during which time poultry shall not be reintroduced to
				the premises. Following removal of the quarantine, repopulation of the premises
				may be allowed with poultry that have been tested negative to fowl
				typhoid.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 57 - POULTRY › Section 57.12 - Dealer Records

Current through Reg. 49, No. 28; July 12,
				2024
(a) The commission
				requires that dealers of domestic fowl, or exotic fowl maintain records of all
				domestic fowl, or exotic fowl bought and sold. In this section, "dealer" means
				a person engaged in the business of buying or selling animals in commerce:
(1) on the person's own account;
(2) as an employee or agent of the vendor,
				the purchaser, or both; or
(3) on a
				commission basis.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 57 - POULTRY › Section 57.13 - Indemnification

Current through Reg. 49, No. 28; July 12, 2024
(a) Indemnification to poultry owners.
				Poultry that are slaughtered in compliance with the disease program standards
				or as a result of a response on an official test may be indemnified. The
				commission may pay the owner the unreimbursed amount determined by deducting
				the salvage value and any other indemnity from the appraised value, subject to
				the availability of funds.
(b)
				Flock eligibility for payment of indemnity funds:
(1) The entire flock shall all be under
				common ownership or management;
(2)
				An indemnity agreement must be signed and approved for payment by the Executive
				Director of the commission; and
(3)
				The flock owner must comply with each indemnity agreement requirement
				including, but not limited to, those provisions pertaining to flock
				depopulation and disposal, cleaning, and disinfecting premises and materials,
				and payment for indemnity.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 58 - EMERGENCY RESPONSE AND MANAGEMENT › Subchapter A - GENERAL REQUIREMENTS › Section 58.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) "Animal" includes
				  livestock, exotic livestock, domestic fowl water fowl, and exotic fowl or any
				  invertebrate or vertebrate.
(2)
				  "Animal Product" means hides; bones; hoofs; horns; viscera; parts of animal
				  bodies; litter, straw, or hay used for bedding; and any other substance capable
				  of carrying insects or a disease that may endanger the livestock
				  industry.
(3) "Caretaker of Animal"
				  means a person presumed to control the animal if the person is the owner or
				  lessee of the pen, pasture, or other place where the animal is located and has
				  control of that place, or exercises care or control over the animal.
(4) "Dealer" means a person engaged in the
				  business of buying or selling animals in commerce on the person's own account;
				  as an employee or agent of the vendor, the purchaser, or both; or on a
				  commission basis.
(5) "Declaration
				  of State of Disaster" The Governor by executive order or proclamation may
				  declare a state of disaster if the Governor finds a disaster has occurred or
				  that the occurrence or threat of disaster is imminent.
(6) "Effect of Disaster Declaration" An
				  executive order or proclamation issued by the Governor declaring a state of
				  disaster:
(A) activates the disaster recovery
				  and rehabilitation aspects of the state emergency management plan applicable to
				  the area subject to the declaration; and
(B) authorizes the deployment and use of any
				  forces to which the plan applies and the use or distribution of any supplies,
				  equipment, and materials or facilities assembled, stockpiled, or arranged to be
				  made available under this chapter or other law relating to disasters.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 58 - EMERGENCY RESPONSE AND MANAGEMENT › Subchapter A - GENERAL REQUIREMENTS › Section 58.2 - Disease Control

Current through Reg. 49, No. 28; July 12,
				  2024
(a) The Executive
				  Director is authorized to act for the commission in order to respond
				  expeditiously to an animal health emergency. All actions of the Executive
				  Director, under this chapter, will be in accordance with any direction, action
				  or authorization provided by the commission.
(b) The commission may act to eradicate or
				  control any disease or agent of disease transmission that affects livestock,
				  exotic livestock, domestic fowl, or exotic fowl if the disease or agent of
				  disease transmission is:
(1) recognized by the
				  United States Department of Agriculture as a foreign animal disease or a
				  reportable animal disease;
(2) the
				  subject of a cooperative eradication program with the United States Department
				  of Agriculture;
(3) reportable to
				  the World Organisation for Animal Health (OIE);
(4) is the subject of a state of emergency,
				  as declared by the Governor;
(5)
				  any individual case report, outbreak, emerging disease, or unusual group
				  expression of disease or agent of disease transmission, which affects
				  livestock, exotic livestock, domestic fowl, or exotic fowl other than
				  bluetongue; or
(6) a disease or
				  agent of disease transmission designated by the Texas Animal Health Commission
				  in § 45.3(c) of this title.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 58 - EMERGENCY RESPONSE AND MANAGEMENT › Subchapter B - QUARANTINE REQUIRMENTS › Section 58.11 - Establishment of Quarantine

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Executive
				  Director Authority. If the executive director determines that a disease as
				  identified in §
										RSA
				  58.2(a) of this title
				  (relating to Disease Control) or an agent of transmission of one of those
				  diseases exists in a place in this state, or that livestock are exposed to or
				  infected with one of those diseases or an agent of transmission of one of those
				  diseases, then the executive director shall establish a quarantine on the
				  affected animals or on the affected place. The quarantine of an affected place
				  may extend to any affected area, including a county, district, pasture, lot,
				  ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen.
				  The executive director may establish a quarantine to prohibit or restrict the
				  movement of any article or animal that is designated to be a carrier of a
				  disease as identified in §
										RSA 58.2 of this
				  chapter.
(b) Existence or Exposure
				  to a listed disease. A quarantine will remain in effect until the commission
				  determines that the exposure or infection has been eradicated or controlled
				  through appropriate methods.
(c)
				  Effect of Quarantine. A quarantine that is established for any location has the
				  effect of quarantining all livestock, domestic animals, or domestic fowl of the
				  kind mentioned in the quarantine notice that are on or enter that location
				  during the existence of the quarantine, regardless of who owns or controls the
				  livestock, domestic animals, or domestic fowl. The movement of animals or
				  articles designated as a potential carrier of one of those diseases into a
				  quarantined herd, premise, or area is prohibited.
(d) Conditions of movement. The Executive
				  Director may designate conditions under which movement may take place and
				  designate who is authorized permit movement and under what conditions. The
				  executive director may require testing, vaccination, or another
				  epidemiologically sound procedure in order to authorize movement.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 58 - EMERGENCY RESPONSE AND MANAGEMENT › Subchapter B - QUARANTINE REQUIRMENTS › Section 58.12 - Notice of Quarantine

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Publication of
				  Notice. The executive director shall give notice of a quarantine established
				  within this state:
(1) by publishing notice in
				  a newspaper published in the county in which the quarantine is
				  established,
(2) by posting notice
				  at the courthouse door of that county, or
(3) by delivering a written notice to the
				  owner or caretaker of the animals or places to be quarantined.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 58 - EMERGENCY RESPONSE AND MANAGEMENT › Subchapter C - MOVEMENT RESTRICTION REQUIRMENTS › Section 58.22 - Notice of Livestock Movement Restrictions

Current through Reg.
				  49, No. 28; July 12, 2024
(a) Notice. The executive director shall give
				  written notice of movement restriction requirements, as provided in §
										RSA
				  58.21 of this title (relating to Livestock
				  Movement Restrictions), which are in effect within this state or part of the
				  state:
(1) by fax, or
(2) by mail, or
(3) by delivering a written notice to the
				  owner or caretaker of the animals or places where the movement of livestock is
				  restricted.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 58 - EMERGENCY RESPONSE AND MANAGEMENT › Subchapter D - DISPOSAL REQUIRMENTS › Section 58.31 - Disposal of Diseased or Exposed Livestock

Current through Reg. 49,
				  No. 28; July 12, 2024
(a) Executive Director Authorization: The
				  commission authorizes the executive director to issue an order to require the
				  slaughter of livestock, under the direction of the commission, or the sale of
				  livestock for immediate slaughter if the livestock is exposed to or infected
				  with a disease as identified in §
										RSA 58.2 of this
				  title (relating to Disease Control) and necessary to eradicate or control the
				  disease as well as to protect the livestock of this state.
(b) Disposal of Diseased Livestock Carcass: A
				  person who is the owner or caretaker of livestock that have been infected or
				  exposed to a disease as identified in §
										RSA 58.2 of this
				  title (relating to Disease Control), if ordered by the executive director,
				  shall dispose of the livestock under the direction of authorized agents of the
				  commission and in accordance with all appropriate legal standards and
				  requirements.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 58 - EMERGENCY RESPONSE AND MANAGEMENT › Subchapter D - DISPOSAL REQUIRMENTS › Section 58.32 - Compensation of Livestock Owner

Current through Reg. 49, No. 28; July
				  12, 2024
(a)
				  Compensation: Livestock that are exposed or infected with a disease as
				  identified in §
										RSA 58.2 of this
				  title (relating to Disease Control) and required to be slaughtered in
				  compliance with §
										RSA
				  58.31 of this title (relating to Disposal of
				  Diseased or Exposed Livestock) may be subject to compensation from the
				  commission. The executive director will provide the owner with information
				  regarding any available indemnity funds. To the extent possible the commission
				  will assist the owner with accessing, processing and qualifying for any
				  available source of indemnity funds.
(b) Availability of Commission Funds: Subject
				  to the availability of funds, the executive director may authorize an indemnity
				  payment for livestock exposed or infected with a disease as identified in
				  §
										RSA 58.2 of this
				  title (relating to Disease Control) and required to be slaughtered in
				  compliance with §
										RSA
				  58.31 of this title (relating to Disposal of
				  Diseased or Exposed Livestock). In no event will the Commission pay the owner
				  any compensation, which exceeds appraised value, deducting any salvage value
				  and any other indemnity for the livestock.
(c) Indemnity Agreement: In order to qualify
				  for compensation from the commission, an indemnity agreement must be signed by
				  the owner and approved for payment by the Executive Director, or
				  designee.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this part, shall
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Commission--The Texas
				Animal Health Commission.
(2)
				Executive director--The chief executive officer of the commission appointed by
				the commissioners.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.2 - General Responsibilities

Current through Reg. 49, No. 28; July
				12, 2024
(a) Commission.
				The Texas Animal Health Commission shall have the following powers and duties:
(1) The Commission shall formulate the policy
				objectives for the agency and shall appoint and supervise the agency's
				Executive Director. The Commission shall approve actions of the Executive
				Director where such approval is required by law, requested by the Executive
				Director, or desired by the Commission.
(2) The Commission shall propose, adopt, and
				amend regulations as required by the Government Code, Chapter 2001.
(3) The Commission shall determine the amount
				of the agency's requests for legislative appropriations, and approve the
				operating budget.
(4) The
				Commission shall supervise the agency's Internal Auditor.
(5) When allowed by law, the Commission may
				delegate any power or duty to a committee of its members or to the agency's
				Executive Director. The Chair may establish a committee and appoint committee
				members in an open meeting. The Chair may appoint committee members who are not
				members of the Commission, but a committee with such members will be advisory
				only and may not take final action on any issue.
(6) The Commission shall issue final orders
				and assess administrative penalties as outlined in the Government Code, Chapter
				2001 and Chapter 32 of this title (relating to Hearing and Appeal
				Procedures).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.3 - Operation of Committees; Designation of Commission Vice Chair and Ad Hoc Chair

Current through Reg. 49, No. 28; July 12,
				2024
(a) Committees.
(1) Appointment of Committee Chair. For each
				committee, the Commission Chair will specify the purpose of the committee and
				name a committee chair. An ad hoc committee chair may be named to act by
				majority vote of the committee in the absence or unavailability of the
				chair.
(2) Quorum. A simple
				majority of the commission members appointed to the committee shall constitute
				a quorum. A committee must have a quorum present to convene and take action.
				Action may be taken by a majority vote of those present or by a majority vote
				of the quorum, whichever is greater.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.4 - Cooperation with the Texas Department of Public Safety Regarding Enforcement of Entry Requirements

Current through Reg. 49, No. 28; July 12,
				2024
Commission staff will provide information to Texas Department
				  of Public Safety (DPS) officers regarding health papers and permits required
				  for entry of livestock into the state, and investigate possible entry
				  violations reported by DPS officers. Commission staff will notify DPS, when
				  appropriate, of the location of commission roadblocks or special or night
				  operations.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.5 - Public Information Act Requests

Current through Reg. 49, No.
				28; July 12, 2024
(a)
				Definitions. The following words and terms, when used in this section, will
				have the following meanings, unless the context clearly indicates otherwise.
(1) Agency--The Texas Animal Health
				Commission.
(2) Executive
				Director--The chief executive officer of the commission appointed by the
				commissioners.
(3) Public
				information request--A written request made for public information pursuant to
				Texas Government Code, Chapter 552 (the Texas Public Information Act). Another
				name for a "public information request" is an "open records request," and these
				terms may be used synonymously.
(4)
				Public Information Coordinator--A person appointed by the Executive Director to
				facilitate the processing of public information requests.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.6 - Petitions for Rules or Changes to Rules

Current through Reg. 49, No.
				28; July 12, 2024
(a)
				Any person may petition for a rule or rule change by submitting a request to
				the commission's executive director that complies with the following
				requirements.
(1) The petition shall be typed
				or legibly printed and shall be signed by the petitioner or the petitioner's
				authorized agent.
(2) The petition
				shall:
(A) state its purpose;
(B) contain a concise statement of facts in
				support of the petition; and
(C)
				include the text of the proposed rule or revision and the proposed effective
				date.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.7 - Private Real Property Rights Affected by Governmental Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				to establish procedures whereby the agency determines if private real property
				rights are affected by governmental action taken by the Commission.
(b) Categorical Determination. Categorical
				Determinations that no private real property interests are affected by the
				proposed governmental action obviates need for further compliance with the
				Private Real Property Preservation Act (Chapter
				RSA 2007, Government
				Code).
(1) The following activities and
				programs, and policies or regulations promulgated to implement them do not
				affect private real property interests:
(A)
				Activities related to personnel management;
(B) Activities related to purchase of goods
				and services;
(C) Activities
				related to the general administrative practice and procedures of the
				agency;
(D) Requirements regarding
				the handling of animals, including requirements concerning testing, movement,
				inspection, identification, reporting of disease, and treatment;
(E) Requirements related to hearings and
				appeals;
(F) Activities related to
				the sale and distribution of veterinary biological products.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.9 - Historically Underutilized Business Program

Current through Reg.
				49, No. 28; July 12, 2024
The Texas Animal Health Commission adopts by reference the
				  rules of the Texas Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20,
				  Subchapter B (relating to Historically Underutilized Business
				  Program).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.10 - Agency Vehicles

Current through Reg. 49, No. 28; July 12,
				2024
(a) Vehicles owned,
				leased by, or rented by the Commission shall be maintained, assigned and
				operated in accordance with policies issued by the Executive Director and
				consistent with the state's vehicle management plan.
(b) Each agency vehicle, with the exception
				of a vehicle assigned to a field employee, will be assigned to the agency motor
				pool and be available for checkout; and
(c) The Commission will assign a vehicle to
				an individual administrative or executive employee on a regular or everyday
				basis only if the Executive Director makes a written documented finding that
				the assignment is critical to the needs and mission of the agency.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.11 - Executive Declaration of a High Risk Disease Movement Restriction Zone

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions:
(1) High risk area or county--An area or
				county that is epidemiologically judged to have a high probability for animals
				to be either infected with or exposed to a disease.
(2) Hold Order--A document restricting
				movement of a herd, unit, or individual animal pending the determination of
				disease status.
(3) Individual herd
				or flock plan--A herd disease management and testing plan to test a herd or
				flock of animals at high risk for exposure to a disease.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.12 - Carcass Disposal Requirements

Current through Reg. 49, No. 28;
				July 12, 2024
(a)
				Definitions:
(1) "Animal" means livestock,
				exotic livestock, domestic fowl, or exotic fowl.
(2) "Executive Director" means the Executive
				Director of the Texas Animal Health Commission.
(3) "Air Curtain Incineration" means a
				mechanical process of incineration by which super-heated air is continuously
				circulated to enhance combustion.
(4) "Burial" means interment of a dead animal
				below the natural surface of the ground.
(5) "Burning" means the act of consuming or
				destroying by fire with or without the use of an accelerant.
(6) "Composting" means the biological
				decomposition of organic matter under controlled conditions.
(7) "Dead Animals" means carcasses and parts
				of carcasses from animals that are dead from a disease.
(8) "Dead Animal Emergencies" means those
				situations involving dead animals that may require extenuating disposal
				measures as determined by the Executive Director.
(9) "Decomposition" means the decay of dead
				animals under natural conditions.
(10) "Digestion" means a process by which
				organic matter is hydrolyzed.
(11)
				"Disposal" means the management of a dead animal.
(12) "Incineration" means the controlled and
				monitored combustion of dead animals for the purposes of volume reduction and
				pathogen control.
(13) "Person"
				means any individual, association, partnership, firm, joint stock company,
				joint venture, trust, estate, political subdivision, public or private
				corporation, state or federal government department, agency or instrumentality,
				or any legal entity, which is recognized by law as the subject of rights and
				duties.
(14) "Rendering" means the
				process or business of recycling dead animals and animal by-products.
(15) "Sanitary Landfill" means a solid waste
				disposal site permitted or approved by the Texas Commission on Environmental
				Quality.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.13 - Posting of Certain Contracts; Enhanced Contract Monitoring

Current
				through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §
									RSA
				2261.253 of the Texas Government Code, the
				commission will implement the following procedures for contracts for the
				purchase of goods or services from private vendors:
(1) The commission will list information
				pertaining to its contract with private vendors on its website. The information
				will include:
(A) The name of the vendor with
				whom the contract is made;
(B) A
				description of the competitive bidding process for the contract, or, if the
				contract did not involve competitive bidding, a citation and explanation of the
				legal authority supporting exemption from the competitive bidding
				process;
(C) A link to a copy of
				the request for proposal for the contract, if applicable, until the contract
				expires or is completed; and
(D) A
				link to a copy of the contract with the vendor until the contract expires or is
				completed.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.14 - Educational and Training Assistance

Current through Reg. 49, No.
				28; July 12, 2024
(a)
				The commission may use state funds to provide education and training for its
				employees in accordance with the State Employee Training Act (Texas Government
				Code, § 656.104 ).
(b) The
				commission's employee education and training program benefits both the
				commission and the employees participating by:
(1) Preparing for technological, scientific
				and professional developments;
(2)
				Increasing work capabilities;
(3)
				Increasing the number of qualified employees in areas for which the commission
				has difficulty in recruiting and retaining employees; and
(4) Increasing the competence of commission
				employees.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 59 - GENERAL PRACTICES AND PROCEDURES › Section 59.15 - Leave Pool

Current through Reg. 49, No. 28; July 12,
				2024
(a) Sick Leave
				Pool.
(1) A sick leave pool is established to
				provide for the alleviation of hardship caused to an employee or the employee's
				immediate family if a catastrophic illness or injury forces the employee to
				exhaust all leave time earned by that employee and to lose compensation from
				the state.
(2) The Chief of Staff
				of the Texas Animal Health Commission is designated as the sick leave pool
				administrator.
(3) The sick leave
				pool administrator, with the advice and consent of the Executive Director, will
				establish operating procedures consistent with the requirements of this section
				and relevant law governing operation of the sick leave pool.
(4) Donations to the sick leave pool are
				strictly voluntary.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 60 - SCRAPIE › Section 60.2 - Animal Identification and Record Keeping

Current through Reg.
				49, No. 28; July 12, 2024
(a) The following classes of sheep and goats
				shall be identified using official identification eartags and applied before
				they are moved from the farm for intrastate or interstate commerce, exhibition,
				or to be commingled with animals from other farms.
(1) Animals to be identified:
(A) All sheep 18 months of age and
				older
(B) All breeding sheep
				regardless of age
(C) Sexually
				intact show or exhibition animals
(D) All breeding goats, except low risk
				goats
(E) If the animals are
				registered, an acceptable alternative to premise identification eartag is the
				registration tattoo when the animal(s) are accompanied by the registration
				papers.
(F) All exposed,
				Scrapie-positive, suspect, test-positive, and high-risk animals
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 60 - SCRAPIE › Section 60.3 - Interstate Movement of Sheep and Goats into Texas

Current through
				Reg. 49, No. 28; July 12, 2024
All sheep and goat must meet the requirements contained in
				  §
									RSA 51.11 and §
									RSA 51.12 of this title
				  (relating to Entry Requirements).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 60 - SCRAPIE › Section 60.4 - Monitoring and Surveillance

Current through Reg. 49, No. 28; July 12,
				2024
(a) Scrapie Flock
				Certification Program-Producers have the opportunity to enroll their flock in
				this TAHC-APHIS sponsored program through to certify their flock free of
				scrapie. Standards include:
(1) Flocks are
				monitored for a period of five years for the presence of clinical signs of
				scrapie, to achieve "Certified Free" status.
(2) All animals one year of age and older are
				officially identified with a tamper resistant premise and individual
				identification eartag or at less than 12 months of age if a change of ownership
				occurs.
(3) Flock owner shall
				immediately report animals displaying clinical signs suspicious of scrapie to
				his/her veterinarian or an APHIS or TAHC representative who will conduct an
				investigation. The owner shall sacrifice suspicious animals for appropriate
				histopathological testing when requested.
(4) Owner shall maintain records on all
				acquisitions, departures, movements, births, and account for all deaths in the
				flock.
(5) Owner shall allow breed
				associations, livestock markets, and slaughter facilities to disclose records
				to TAHC and/or APHIS representatives if necessary.
(6) Owner shall provide necessary facilities
				and personnel to assist in inspections and examination of the flock to:
(A) verify animal identification;
				and,
(B) check for clinical signs
				consistent with scrapie; and,
(C)
				check records for completeness and accuracy.
(7) Owner shall report to the State
				Certification Board all acquisitions of sheep from flocks with lower status or
				from flocks not participating in the program.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 60 - SCRAPIE › Section 60.5 - Management of Affected and Source Flocks, and Exposed, High-Risk, and Suspect Animals

Current through Reg. 49, No. 28; July 12,
				2024
(a) All flocks
				determined to be infected (as per definition of a scrapie positive animal in
				60.1) shall be placed under quarantine.
(1)
				All animals and the flock shall be identified.
(A) Red tags for positive or QQ
				animals.
(B) White tags for all
				other animals.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 60 - SCRAPIE › Section 60.6 - Requirements for Flock Plans, Post-Exposure, Pilot Project Flock Plans and Monitoring Flock Plans

Current through Reg. 49, No. 28; July 12,
				2024
(a) The flock owner
				or his or her agent shall identify all animals 1 year of age and older within
				the flock. All animals less than one year of age shall be identified with an
				approved tamper resistant premises identification eartag with individual animal
				identification when a change of ownership occurs, with the exception of animals
				under 1 year in slaughter channels.
(1)
				Infected or QQ animals identified with Red tags
(2) All others identified with White or
				Silver Tags.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 2 - TEXAS ANIMAL HEALTH COMMISSION › Chapter 60 - SCRAPIE › Section 60.7 - Exhibition Requirements

Current through Reg. 49, No. 28; July 12,
				2024
(a) Official
				premises identification is required for sexually intact sheep to be exhibited.
				For goats, the registration tattoo may be used in lieu of the eartag if the
				registration papers are in accompaniment of the animals.
(b) All female animals over 12 months of age
				(as evidenced by the eruption of the first pair of incisors) shall be penned
				separately from animals from different flocks. All animals enrolled in the
				Scrapie Flock Certification Program shall be handled in such a way that direct
				contact does not occur with animals from other flocks of lower status. Spacing
				or solid partitions may be used to maintain separation.
(c) If sheep or goats within 30 days pre- or
				post-parturition, or have a vaginal discharge, are allowed to show, special
				arrangements shall be made to keep them separate from animals from different
				flocks and in an area that can and will be properly disinfected, in accordance
				with
				RSA
				54.7.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter A - GENERAL PROVISIONS › Section 61.2 - Commercial Feed

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Whole grain and
				  seeds distributed with labels which suggest--by word, by picture or by seller
				  representation--that they may be fed to wildlife are commercial feeds under the
				  Act, §141.002(e).
(b) All feed
				  materials are considered commercial feeds, except:
(1) those exempted under the Act,
				  §141.002(c) referring to commercial feed; and
(2) salvage feed materials.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 61 - COMMERCIAL FEED RULES › Subchapter B - LICENSING › Section 61.11 - Application for Licensing

Current through Reg. 49, No. 28; July 12,
				  2024
(a) A facility
				  shall not be granted a license unless and until:
(1) it has filed a completed application form
				  and other information necessary for the conduct of the Service's business;
				  and
(2) paid the appropriate
				  fees.