TITLE 4. AGRICULTURE

PART 2. TEXAS ANIMAL HEALTH COMMISSION

CHAPTER 58. EMERGENCY RESPONSE AND MANAGEMENT

SUBCHAPTER A. GENERAL REQUIREMENTS

4 TAC §58.1, §58.2

The Texas Animal Health Commission proposes amendments to §58.1 concerning Definitions and §58.2 concerning Disease Control in Chapter 58 of the Texas Administrative Code, titled "Emergency Response and Management".

The proposed amendments update the reference from §161.041 of the Texas Agriculture Code to §45.3 of the Texas Administrative Code in accordance with Senate Bill 705 enacted during the 87th Regular Legislative Session. Senate Bill 705 amended §161.041 of the Texas Agriculture Code, and now requires the commission to adopt rules listing the diseases that require control or eradication.

The commission adopted amendments to Chapter 45, titled "Reportable and Actionable Diseases", in a duly noticed meeting on September 21, 2021. The proposed amendments to Chapter 58 update the reference. The name of the international animal health agency is updated to the World Organisation for Animal Health, and "List A" is removed for accuracy and aligns with §161.0415 of the Texas Agriculture Code. The definition of "Emergency Management Plan - Appendix Four to Annex H" is proposed for deletion because that part of the plan is now outdated. Finally, grammatical and editorial changes are proposed for improved readability.

FISCAL NOTE

Ms. Myra Sines, Chief of Staff of the Texas Animal Health Commission, determined for each year of the first five years the rules are in effect, there will be no additional fiscal implications for state or local government as commission employees currently allocated to these activities will continue to administer and enforce these rules as part of their current job duties and resources.

PUBLIC BENEFIT NOTE

Ms. Sines determined that for each year of the first five years the rules are in effect, the anticipated public benefit as a result of enforcing the rules will be updating the rule to accurately state the name of the international animal health agency and that list of diseases, removing an outdated reference to parts of the Emergency Management Plan, correctly referencing the new commission rule identifying diseases in response to the statutory change, and improving readability.

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.

MAJOR ENVIRONMENTAL RULE

The commission determined that Texas Government Code §2001.0225 does not apply to the proposed amendments because the specific intent of these rules is not primarily to protect the environment or reduce risks to human health from environmental exposure and, therefore, is not a major environmental rule.

TAKINGS ASSESSMENT

The commission determined that the proposal does not restrict, limit, or impose a burden on an owner’s right to his or her private real property that would otherwise exist in the absence of government action. As such, the activities under the proposed amendments do not require a Takings Assessment pursuant to Texas Government Code §2007.043.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS

The commission determined that because the proposed rules would not result in any direct economic effect on any small business, microbusiness, or rural community, neither the economic impact statement nor the regulatory flexibility analysis described in Texas Government Code, Chapter 2006, is required.

GOVERNMENT GROWTH IMPACT STATEMENT

In compliance with the requirements of Texas Government Code §2001.0221, the commission prepared the following Government Growth Impact Statement (GGIS). For each year of the first five years the proposed rules would be in effect, the commission determined the following:

1. The proposed rules would not create or eliminate a government program;

2. Implementation of the proposed rules would not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the proposed rules would not require an increase or decrease in future legislative appropriations to the commission;

4. The proposed rules would not require an increase or decrease in fees paid to the commission;

5. The proposed rules would not create a new regulation;

6. The proposed rules would not expand existing rules and would not otherwise limit or repeal an existing regulation;

7. The proposed rules would not increase the number of individuals subject to the regulation; and

8. The proposed rules would not adversely affect this state's economy.

COST TO REGULATED PERSONS

The commission determined that for each year of the first five years in which the proposed rules are in effect, the proposed rules do not impose a direct cost on regulated persons, a state agency, a special district, or a local government within the state. Therefore, it is not necessary to repeal or amend any other existing rule.

REQUEST FOR COMMENT

Comments regarding the proposed rules may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax to (512) 719-0719, or by email to comments@tahc.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal in the Texas Register.

STATUTORY AUTHORITY

The amendments to Chapter 58 of the Texas Administrative Code are proposed pursuant to Chapter 161 of the Texas Agriculture Code.

Pursuant to Texas Agriculture Code §161.041, titled "Disease Control", the commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the commission determines require control or eradication. The commission shall adopt and periodically update rules listing the diseases that require control or eradication by the commission.

Pursuant to Texas Agriculture Code §161.046, titled "Rules", the commission is authorized to adopt rules as necessary for the administration and enforcement of this chapter.

Pursuant to Texas Agriculture Code §161.0415, titled "Disposal of Diseased or Exposed Livestock or Fowl", the commission by order may require the slaughter of livestock, domestic fowl, or exotic fowl, under the direction of the commission, or the sale of livestock, domestic fowl, or exotic fowl for immediate slaughter at a public slaughtering establishment maintaining federal or state inspection if the livestock, domestic fowl, or exotic fowl is exposed to or infected with a disease other than bluetongue or vesicular stomatitis that is recognized by the United States Department of Agriculture as a foreign animal disease or reportable animal disease, is the subject of a cooperative eradication program with the United States Department of Agriculture, is an animal disease reportable to the World Organisation for Animal Health, or is the subject of a state of emergency, as declared by the Governor.

No other statutes, articles, or codes are affected by this proposal.

§58.1.Definitions.

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 [non-invertebrate].

(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 [is] presumed to control the animal if the person is the owner or lessee of the pen, pasture, or other place where [in which] 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 [governor] by executive order or proclamation may declare a state of disaster if the Governor [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.

(7) "Emergency Management Plan Council" is composed of the heads of state agencies, boards, and commissions and representatives of organized volunteer groups to advise and assist the Governor in all matters relating to disaster mitigation, preparedness, response, and recovery. The commission is a member of that council.

(8) "Emergency Management Plan" is a state prepared plan together with annexes designed to address all emergency management functional responsibilities. This plan defines the organization, establishes operational concepts, assigns responsibilities, and outlines coordination procedures for accomplishing comprehensive emergency management objectives in Texas.

[(9) "Emergency Management Plan - Appendix Four to Annex H (Health and Medical Services)" means the State of Texas Emergency Management Plan annex which provides the state guidance for mitigating against, preparing for, identifying and responding to, and recovering from any highly contagious animal disease affecting Texas livestock and wildlife.]

(9) [(10)] "Exotic livestock" means grass-eating or plant-eating, single-hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, rhinoceros, elephant, deer, and antelope families.

(10) [(11)] "Exotic fowl" means any avian species that is not indigenous to this state. The term includes ratites.

(11) [(12)] "Exposure or Infection" means if a veterinarian employed by the commission determines that a communicable disease exists among livestock, domestic animals, or domestic fowl or on certain premises or that livestock, domestic animals, or domestic fowl have been exposed to an agent of transmission of a communicable disease, the exposure or infection is considered to continue until the commission determines that the exposure or infection has been eradicated through methods prescribed by rule of the commission.

(12) [(13)] "Feedlot" means a confined drylot area for finish feeding of cattle on concentrated feed with no facilities for pasturing or grazing. All cattle in a feedlot are considered a "herd" for purposes of these regulations.

(13) [(14)] "Foreign Animal Diseases" means [these are] animal diseases recognized by the United States Department of Agriculture as not being found in the United States.

(14) [(15)] "Hold Order" means a written commission order and action [document] restricting movement of a herd, animal, or animal product [unit, or individual animal] pending the determination of diseasestatus.

(15) [(16)] "Livestock" includes cattle, horses, mules, asses, sheep, goats, hogs, domestic fowl, exotic livestock and exotic fowl.

(16) [(17)] "Livestock market" means a stockyard, sales pavilion, or sales ring where livestock, exotic livestock, or exotic fowl are assembled or concentrated at regular or irregular intervals for sale, trade, barter, or exchange.

[(18) "Office International Des Epizooties List A Diseases" are diseases which have the potential for very serious and rapid spread, irrespective of national borders, which are of serious socio-economic or public health consequence and which are of major importance in the international trade of animals and animal products.]

(17) [(19)] "Show, fair, or exhibition" means a show, fair, or exhibition that permits livestock and poultry to enter for the purpose of showing or exhibiting livestock.

[(20) "Texas Emergency Response Team" (TERT) is comprised of members of the Commission and the USDA, APHIS, VS. The TERT plans, coordinates, and collaborates in order be able respond effectively and efficiently to a foregin animal disease outbreak.]

(18) World Organisation for Animal Health (OIE) Diseases--Animal diseases which have the potential for very serious and rapid spread, irrespective of national borders, which are of serious socioeconomic or public health consequence and of major importance in the international trade of animals and animal products.

§58.2.Disease Control.

(a) The Executive Director is authorized [Purpose: The purpose of this chapter is to provide the executive director the necessary authorization] to act for the commission in order to respond expeditiously to an animal health emergency. All actions of the Executive Director [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: [will protect all livestock from any exposure to a disease or an agent of transmission of one of the diseases which:]

(1) [is] 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);

[(2) is named on "List A" of the Office International Des Epizooties; or]

(4) [(3)] is the subject of a state of emergency, as declared by the Governor; [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.

(c) If the Executive Director [executive director] determines that livestock have been exposed to or infected with a disease, other than bluetongue, or an agent of transmission of one of the diseases listed in §45.3(a) - (c) of this title [subsection (b)] and determines that an animal health emergency exists, then the Executive Director [executive director] is authorized to exercise all the necessary authority through this chapter to act for the commission to respond as expediently as possible to the emergency.

(d) The Executive Director [executive director] is authorized to determine the necessary requirements related to quarantine, disposal, testing, movement, inspection, and treatment.

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 October 18, 2021.

TRD-202104143

Myra Sines

Chief of Staff

Texas Animal Health Commission

Earliest possible date of adoption: November 28, 2021

For further information, please call: (512) 719-0724


CHAPTER 59. GENERAL PRACTICES AND PROCEDURES

4 TAC §59.12, §59.15

The Texas Animal Health Commission (commission) proposes amendments to §59.12, concerning Carcass Disposal Requirements and the addition of §59.15, concerning Leave Pool in Chapter 59 of the Texas Administrative Code, titled "General Practices and Procedures".

The proposed amendments to §59.12 update the reference from §161.041 of the Texas Agriculture Code to §45.3 of the Texas Administrative Code in accordance Senate Bill 705 enacted by the Texas Legislature during the 87th Regular Session. Senate Bill 705 amended §161.041 of the Texas Agriculture Code, and now requires the commission to adopt rules listing the diseases that require control or eradication. The commission adopted amendments to Chapter 45, titled "Reportable and Actionable Diseases", in a duly noticed meeting on September 21, 2021. The proposed amendments to Chapter 59 update the reference. Additionally, grammatical and editorial changes are proposed for consistency and improved readability.

The proposed addition of §59.15 follows House Bill 2063 enacted by the Texas Legislature during the 87th Regular Session. House Bill 2063 amended Texas Government Code, Chapter 661 by requiring each state agency to create and administer a state employee family leave pool. The new section is also proposed in accordance with Texas Government Code §661.002, which requires each state agency to adopt rules to prescribe procedures relating to the operation of the agency's sick leave pool.

FISCAL NOTE

Ms. Myra Sines, Chief of Staff of the Texas Animal Health Commission, determined for each year of the first five years the rules are in effect, there will be no additional fiscal implications for state or local government as commission employees currently allocated to these activities will continue to administer and enforce these rules as part of their current job duties and resources.

PUBLIC BENEFIT NOTE

Ms. Sines determined that for each year of the first five years the rules are in effect, the anticipated public benefit as a result of enforcing the rules is updating the rules pursuant to amendments in the Texas Agriculture Code and to comply with requirements in the Texas Government Code as enacted by the 87th Texas Legislature.

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.

MAJOR ENVIRONMENTAL RULE

The commission determined that Texas Government Code §2001.0225 does not apply to the proposed amendments because the specific intent of these rules is not primarily to protect the environment or reduce risks to human health from environmental exposure and, therefore, is not a major environmental rule.

TAKINGS ASSESSMENT

The commission determined that the proposal does not restrict, limit, or impose a burden on an owner's right to his or her private real property that would otherwise exist in the absence of government action. As such, the activities under the proposed amendments do not require a Takings Assessment pursuant to Texas Government Code §2007.043.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS

The commission determined that because the proposed rules would not result in any direct economic effect on any small business, microbusiness, or rural community, neither the economic impact statement nor the regulatory flexibility analysis described in Texas Government Code, Chapter 2006, is required.

GOVERNMENT GROWTH IMPACT STATEMENT

In compliance with the requirements of Texas Government Code §2001.0221, the commission prepared the following Government Growth Impact Statement (GGIS). For each year of the first five years the proposed rules would be in effect, the commission determined the following:

1. The proposed rules would not create or eliminate a government program;

2. Implementation of the proposed rules would not require the creation of new employee positions or the elimination of existing employee positions;

3. Implementation of the proposed rules would not require an increase or decrease in future legislative appropriations to the commission;

4. The proposed rules would not require an increase or decrease in fees paid to the commission;

5. The proposed rules would not create a new regulation;

6. The proposed rules would not expand existing rules and would not otherwise limit or repeal an existing regulation;

7. The proposed rules would not increase the number of individuals subject to the regulation; and

8. The proposed rules would not adversely affect this state's economy.

COST TO REGULATED PERSONS

The commission determined that for each year of the first five years in which the proposed rules are in effect, the proposed rules do not impose a direct cost on regulated persons, a state agency, a special district, or a local government within the state. Therefore, it is not necessary to repeal or amend any other existing rule.

REQUEST FOR COMMENT

Comments regarding the proposed rules may be submitted to Amanda Bernhard, Texas Animal Health Commission, 2105 Kramer Lane, Austin, Texas 78758, by fax to (512) 719-0719, or by email to comments@tahc.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal in the Texas Register.

STATUTORY AUTHORITY

The amendments to Chapter 59 of the Texas Administrative Code are proposed pursuant to Chapter 161 of the Texas Agriculture Code.

Pursuant to Texas Agriculture Code §161.041, titled "Disease Control", the commission shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the commission determines require control or eradication. The commission shall adopt and periodically update rules listing the diseases that require control or eradication by the commission.

Pursuant to Texas Agriculture Code §161.046, titled "Rules", the commission is authorized to adopt rules as necessary for the administration and enforcement of this chapter.

Pursuant to Texas Government Code §661.002, titled "Sick Leave Pool", the governing body of a state agency shall, through the establishment of a program, allow an agency employee to voluntarily transfer to a sick leave pool sick leave earned by the employee. The executive director of the agency or another individual appointed by the governing body shall administer the sick leave pool. The governing body of the state agency shall adopt rules and prescribe procedures relating to the operation of the agency sick leave pool.

Pursuant to Texas Government Code §661.022, titled "Guidelines", the governing body of a state agency shall, through the establishment of a program, allow an agency employee to voluntarily transfer sick or vacation leave earned by the employee to a family leave pool. The executive head of the state agency or another individual appointed by the governing body shall administer the family leave pool. The governing body of the state agency shall adopt rules and prescribe procedures relating to the operation of the agency family leave pool.

No other statutes, articles, or codes are affected by this proposal.

§59.12.Carcass Disposal Requirements.

(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.

(b) Carcass Disposal. A person who is the owner or caretaker of livestock, exotic livestock, domestic fowl, or exotic fowl that die from a disease or agent of disease transmission listed in §45.3(a) - (c) of this title (relating to Reportable and Actionable Disease List) [listed in §161.041 of the Texas Agriculture Code], or who owns or controls the land on which the livestock, exotic livestock, domestic fowl, or exotic fowl die or upon which a diseased carcass of a dead animal is exposed to other animals, shall dispose of the carcass in the manner required by the commission under this section.

(c) Executive Director Authorization. The Commission [commission] authorizes the Executive Director [executive director] to issue orders [Orders] regarding the disposal of carcasses of livestock, exotic livestock, domestic fowl, or exotic fowl as necessary to eradicate or control the disease as well as to protect the livestock of this state. The Executive Director may also publish directives, guidelines and standards to be followed for carcass disposal in general events involving a diseased animal.

(d) Disposal of Diseased Carcass. A person who is the owner or caretaker of livestock, exotic livestock, domestic fowl, or exotic fowl, if ordered by the Executive Director [executive director], shall dispose of the carcasses under the direction of authorized agents of the commission and in accordance with all applicable [appropriate] legal standards and requirements.

(e) Disposal Methods Determined by the Executive Director. The Executive Director may determine the appropriate method of disposal for animals that die of infectious or contagious diseases or agents of disease transmission listed in §45.3(a) - (c) of this title (relating to Reportable and Actionable Disease List) [as listed in §161.041 of the Texas Agriculture Code or any other high consequence disease].

(1) Rendering. If a licensed and approved rendering facility accepts the dead animal, rendering is an approved method of disposal.

(2) Burial. Dead animals shall be buried to such a depth that no part of the dead animal shall be nearer than three (3) feet to the natural surface of the ground. Every part of the dead animal shall be covered with at least three (3) feet of earth. The location of a burial site shall comply [be in compliance] with any applicable setbacks [set backs] for sanitary or public health reasons.

(3) Disposal in an Approved Sanitary Landfill. Arrangements shall be made with a city, county, regional, or private landfill official in order to dispose of a dead animal in a city, county, regional, or private landfill.

(4) Composting. Composting [of] dead animals shall be accomplished in a manner approved by the Executive Director.

(5) Digestion. Digestion of dead animals shall be accomplished in a properly designed and sized dead animal digester approved by the Executive Director.

(6) Incineration.

(A) Incineration of dead animals shall be accomplished in an approved incineration facility, or by a mobile air curtain incinerator at a site approved by the Executive Director.

(B) The incineration shall be thorough and complete, reducing the carcass to mineral residue.

(7) Burning. Any person who is the owner or caretaker of animals that have died from anthrax, or who owns or controls the land on which the animals have died, is responsible for assuring that the carcass of each animal is set on fire and burned until it is thoroughly consumed as found in §31.3 of this title (relating to Disposal).

(8) Decomposition. Animals that die on private or state rangeland from causes other than significant infectious or contagious diseases or agents may be left to decompose naturally provided their location is not in violation of another legal requirement.

(9) Waiver [Wavier] of Requirements by the Executive Director. The Executive Director may grant variances from the requirements on a case-by-case basis.

(f) Dead Animal Emergencies. Dead animal emergencies are those situations involving dead animals that have been determined by the Executive Director to require extraordinary disposal measures.

(1) Situations Requiring Extraordinary Disposal Measures. These situations include, but are not limited to, the following:

(A) Situations where one (1) or more animals die of an infectious or contagious disease or agent that may pose a significant threat to humans or animals;

(B) Situations wherein the number of dead animals is large enough to require extraordinary disposal measures.

(2) Executive Director to Determine Disposal Methods. The Executive Director may employ exceptional or extraordinary methods of dead animal disposal as necessary to protect the health and welfare of the human and animal populations of the State [state] of Texas. Such methods may include, but shall not be limited to:

(A) Open burning;

(B) Pit burning;

(C) Burning with accelerants;

(D) Pyre burning;

(E) Air curtain incineration;

(F) Mass burial; or

(G) Natural decomposition.

§59.15.Leave Pool.

(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.

(b) Family Leave Pool.

(1) A family leave pool is established to provide eligible employees more flexibility in bonding with and caring for children during a child's first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic.

(2) The Chief of Staff of the Texas Animal Health Commission is designated as the family leave pool administrator.

(3) The family 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 family leave pool.

(4) Donations to the family leave pool are strictly voluntary.

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 October 18, 2021.

TRD-202104146

Myra Sines

Chief of Staff

Texas Animal Health Commission

Earliest possible date of adoption: November 28, 2021

For further information, please call: (512) 719-0724