PART 2. TEXAS ANIMAL HEALTH COMMISSION
CHAPTER 59. GENERAL PRACTICES AND PROCEDURES
The Texas Animal Health Commission (Commission) in a duly noticed meeting on July 16, 2024, adopted amendments to §59.4, concerning Cooperation with the Texas Department of Public Safety Regarding Enforcement of Entry Requirements. Section 59.4 is adopted without changes to the proposed text published in the May 31, 2024, issue of the Texas Register (49 TexReg 3867) and will not be republished.
JUSTIFICATION FOR RULE ACTION
The Commission is tasked with the enforcement of livestock entry requirements. To carry out that mission, Commission staff routinely cooperate with Texas Department of Public Safety officers and local law enforcement. Recognizing the importance of this partnership, the Legislature enacted 161.051 and 161.052 of the Texas Agriculture Code which details the requirements of any memorandum of understanding entered into by the Commission with DPS or local authorities. Section 59.4 of the Commission's administrative rules sets forth the responsibilities of Commission staff when partnering with DPS. The amendments add similar language regarding the responsibilities of Commission staff when partnering with local law enforcement.
HOW THE RULES WILL FUNCTION
Section 59.4 sets forth the responsibilities of Commission staff when partnering with DPS to enforce entry requirements. The amendments add similar guidance on the responsibilities of Commission staff when working with local law enforcement authorities to enforce entry requirements.
SUMMARY OF COMMENTS RECEIVED AND COMMISSION RESONSE
The 30-day comment period ended June 30, 2024.
During this period, the commission received comments from a single individual. A summary of the comments relating to the rules and the Commission's response follows:
Comment: An individual commenter asked the Commission to postpone adoption of the proposed amendments to consider adding additional language concerning road kill sample collection protocols in line with the Chronic Wasting Disease Management Plan put forward by TPWD and TAHC.
Response: The Commission thanks the commenter for the feedback. The Commission declines to further amend the rule as requested by the commenter. No changes were made as a result of this comment.
STATUTORY AUTHORITY
The amendments are adopted under the Texas Agriculture Code, Chapter 161, §161.046 which authorizes the Commission to promulgate rules in accordance with the Texas Agriculture Code.
The amendments are adopted under §161.051 of the Texas Agriculture Code which provides that the Commission shall adopt a memorandum of understanding with the Texas Department of Public Safety for the cooperation on enforcement of Commission entry requirements.
The amendments are adopted under §161.052 of the Texas Agriculture Code which provides that the Commission shall adopt a memorandum of understanding with local county authorities for the cooperation on enforcement of Commission entry requirements.
No other statutes, articles, or codes are affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 26, 2024.
TRD-202403422
Jeanine Coggeshall
General Counsel
Texas Animal Health Commission
Effective date: August 15, 2024
Proposal publication date: May 31, 2024
For further information, please call: (512) 839-0511