By Jennifer Whitlock
Field Editor

The Texas Animal Health Commission (TAHC) recently proposed updates to fees, export-import facilities, market regulation, swine, reportable diseases and the chronic wasting disease (CWD) sections of the State of Texas Animal Health Code.

The proposals were published Aug. 6 and are open for comment until Sept. 5.

“We encourage folks to review those proposals and comment,” TAHC Executive Director and Texas State Veterinarian Dr. Andy Schwartz said. “It is important for the interested parties—livestock owners in particular—but all interested parties to give some feedback to our commissioners. This is lined out intentionally so that there can be some feedback, supportive or not supportive, or concerns shared so that it helps our commissioners develop rules that are appropriate for the situation.”

Highlights of the proposed rule changes include some overhauls to the code’s chapter on CWD. The agency seeks to clarify, correct and update information to help Texans better manage CWD.

One of the big changes, according to Schwartz, regards TAHC’s voluntary herd status program for species susceptible to CWD. He said the changes will bring the Texas Herd Certification Program in line with U.S. Department of Agriculture (USDA) standards, which were enacted in 2019.

It’s important to note that Texas Parks and Wildlife Department (TPWD) has primary authority over the native cervid species, white-tailed deer and mule deer, he added.

TAHC has jurisdiction over exotic cervids, including CWD-susceptible cervids such as elk, deer and moose. But the Herd Certification Program has combined authority between the two agencies. For example, if a white-tailed breeder deer herd is enrolled in the Herd Certification Program, those rules apply.

As of July 19, there were 996 breeding facilities and 327 nursing facilities in Texas. Of those facilities, 320 were enrolled in TAHC’s Herd Certification Program.

Proposals regarding CWD include the following:

  • Clarifying the “comingling” definition, which means mixing animals of different status in the same herd. Previously, Schwartz said it could have been interpreted that the rule only applied to animals 12 months of age or older.
  • Herds participating in the certification program must now maintain a 5% minimum mortality rate. If breeders achieve certified status after five years of participation, they may ship deer interstate or sell more freely within the state. He noted the 5% minimum mortality rate is calculated over a three-year period and is based on expected normal mortalities in breeding facilities.
  • Under the Herd Certification Program, the minimum perimeter fence height would increase to eight feet. Existing fences would be grandfathered into the program.
  • The time to report escaped captive deer to TAHC is shortened to 72 hours from when it is known the animal escaped. The time frame to submit both post-mortem and antemortem samples to the laboratory is now shortened to within seven days of collection.
  • Changes are proposes to CWD containment and surveillance zones around known affected herds or where CWD-positive cervids have been found ranging. A new zone is proposed in the South Plains for parts of Lubbock, Lynn, Crosby and Garza counties, and the surveillance zone in Uvalde County would be expanded to include the area around a facility now known to have had several CWD cases. An additional surveillance zone in Northeast Texas would encompass Hunt, Kaufman, Rockwall and Van Zandt counties.

Because CWD has no vaccine and no known treatment or cure, Schwartz said the best way to respond is to prevent the spread within the state or to be brought into the state by transporting live animals or carcasses of animals that have the disease. He noted TAHC’s proposed rules and actions are aimed at achieving those goals.

“The changes in our Herd Certification Program were needed. To be consistent with the national standards and be able to move animals out of state, we need to have a program that USDA recognizes as consistent with their standards. That’s what the bulk of these changes would do,” he said. “Regarding these new containment and surveillance zones, they’re directly a result of the discovery of either free-ranging CWD-positive animals or some of these CWD-positive breeder facilities. So, they’re directly related to known disease outbreaks. It’s an effort to discover if there’s more CWD in the area and to prevent the spread by moving of animals or carcasses out of an area that might have a CWD presence.”

To view the proposed CWD rule change, click here.

Additional rule proposals available for comment include:

Fees
The proposed amendments update terms and recognize modern technologies for obtaining Certificates of Veterinary Inspection. TAHC also proposed a new section, “Enforcement and Penalties,” to clarify applicable penalties for violations. To view the rule proposal in its entirety, click here.

Reportable diseases
The proposed amendments update the title of Chapter 45 to “Reportable and Actionable Diseases” pursuant to Senate Bill 705, which requires the TAHC to list, by rule, which diseases are reportable to and require control or eradication by the agency. Two new sections are proposed: “Reportable and Actionable Disease List,” which improves the organization and transparency of the existing reportable disease list and updates all diseases and disease agents that require control and eradication, and “Enforcement and Penalties,” which clarifies applicable penalties for violations. Additional amendments are proposed to update and clarify definitions and provide guidance on reporting diseases and agents of disease. Click here to view the rule proposal.

Export-import facilities
The proposed rules would add a new Chapter 46, titled “Export-Import Facilities” in accordance with the enactment of House Bill 1958 which created Section 161.0445 of the Texas Agriculture Code. This chapter outlines reporting, recordkeeping, and movement requirements for an owner or person in charge of an export-import facility when an animal is refused from international trade. The chapter also clarifies the TAHC’s right of entry authority and applicable penalties for violations. To view the rule proposal in its entirety, click here.

Market regulation
The proposed amendments to this chapter clarify, correct and update information, and remove specific brucellosis program references to address all relevant infectious, contagious, or communicable diseases. Non-substantive grammatical and editorial changes are also proposed throughout the chapter for improved readability and organization. Additionally, the TAHC proposed a new section, “Enforcement and Penalties,” to clarify applicable penalties for violations. Click here to view the rule proposal in its entirety.

Swine
The proposed amendments would clarify, correct and bring information up to date regarding swine diseases, programs and regulations pertaining to livestock markets and slaughter plants. These amendments would clarify and revise definitions, update section titles to reflect section content and make grammatical and editorial changes for improved readability and organization. TAHC also proposed a new section, “Enforcement and Penalties,” to clarify applicable penalties for violations. Click here to view the rule proposal in its entirety.

General practices and procedures
The proposed amendments would update the title of Section 59.5, “Open Records,” to “Public Information Act Requests.” The proposal would also clarify public information request procedures and update content pursuant to the Texas Public Information Act. Click here to view the rule proposal in its entirety.

Comments on the proposed amendments must be submitted in writing to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax at 512-719-0719 or by email to comments@tahc.texas.gov.

After considering public comment, the TAHC board of commissioners is set to vote on the proposals on Sept. 21. After a rule is voted for adoption by the board, it will be published in the Texas register and go into effect three weeks after publication.