PART 2. TEXAS ANIMAL HEALTH COMMISSION
CHAPTER 59. GENERAL PRACTICES AND PROCEDURES
The Texas Animal Health Commission (commission) proposes amendments to Title 4, Texas Administrative Code, Chapter 59 titled "General Practices and Procedures." Specifically, amendments to §59.4 regarding Cooperation with the Texas Department of Public Safety Regarding Enforcement of Entry Requirements.
BACKGROUND AND PURPOSE
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 (DPS) 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 proposed amendments add similar language regarding the responsibilities of commission staff when partnering with local law enforcement.
SECTION-BY-SECTION DISCUSSION
Section 59.4 sets forth the responsibilities of commission staff when partnering with DPS to enforce entry requirements. The proposed amendments add similar guidance on the responsibilities of commission staff when working with local law enforcement authorities to enforce entry requirements.
FISCAL NOTE
Ms. Jeanine Coggeshall, General Counsel for the Texas Animal Health Commission, determined that for each year of the first five years that the rule is in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of state or local governments. Commission employees will administer and enforce these rules as part of their current job duties and resources. Ms. Coggeshall also determined for the same period that there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed amendments.
PUBLIC BENEFIT NOTE
Ms. Coggeshall determined that for each year of the first five years the rule is in effect, the anticipated public benefits are improved cooperation with local and state law enforcement to better enforce commission entry requirements.
TAKINGS IMPACT ASSESSMENT
The commission determined that the proposal does not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. Therefore, the proposed rules are compliant with the Private Real Property Preservation Act in Texas Government Code §2007.043 and do not constitute a taking.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission determined that the proposed rules would not impact local economies and, therefore, did not file a request for a local employment impact statement with the Texas Workforce Commission pursuant to Texas Government Code §2001.022.
REGULATORY ANALYSIS OF MAJOR ENVIRONMENTAL RULES
The commission determined that this proposal is not a "major environmental rule" as defined by Government Code §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
GOVERNMENT GROWTH IMPACT STATEMENT
In compliance with the requirements of Texas Government Code §2001.0221, the commission prepared the following Government Growth Impact Statement. The commission determined for each year of the first five years the proposed rules would be in effect, the proposed rules:
Will not create or eliminate a government program;
Will not require the creation or elimination of employee positions;
Will result in no assumed change in future legislative appropriations;
Will not affect fees paid to the commission;
Will create new regulation;
Will expand existing regulations;
Will not change the number of individuals subject to the rule; and
Will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Ms. Coggeshall also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities pursuant to Texas Government Code, Chapter 2006. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.
COSTS TO REGULATED PERSONS
The proposed amendments to Chapter 59 do not impose additional costs on regulated persons and are designed to provide guidance on the responsibilities of commission staff when partnering with local and state law enforcement to administer commission entry requirements. The proposed rules do not otherwise impose a direct cost on a regulated person, state agency, a special district, or a local government within the state.
PUBLIC COMMENT
Written comments regarding the proposed amendments may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0719 or by e-mail to comments@tahc.texas.gov. To be considered, comments must be received no later than thirty (30) days from the date of publication of this proposal in the Texas Register. When faxing or emailing comments, please indicate "Comments on Proposed Rule-Chapter 59, General Practice and Procedures" in the subject line.
STATUTORY AUTHORITY
The amendments are proposed 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 proposed 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 proposed 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 proposal.
§59.4.Cooperation with the Texas Department
of Public Safety and Local Authorities for [Regarding]
Enforcement of Entry Requirements.
(a) Commission staff shall [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] Commission
staff shall investigate possible entry violations reported by
DPS officers. Commission staff shall [will]
notify DPS, when appropriate, of the location of commission roadblocks
or special or night operations.
(b) Commission staff shall provide information to sheriff and deputies regarding health papers and permits required for entry of livestock into the state. Commission staff shall investigate possible entry violations reported by the sheriff or deputies. Commission staff shall notify the sheriff, when appropriate, of the location of commission roadblocks located in the county or special or night operations planned for the county.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 20, 2024.
TRD-202402247
Jeanine Coggeshall
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: June 30, 2024
For further information, please call: (512) 839-0511