Section 59.11 - Executive Declaration of a High Risk Disease Movement Restriction Zone(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.(b) Order to Test Animals in a High Risk County or Area. The Executive Director may eradicate or control any disease or agent of transmission that affects livestock, exotic livestock, domestic fowl, or exotic fowl, by issuing an order designating an area or county as high risk for a disease based on sound epidemiological principles. The order may designate standards to require testing, movement, inspection, and treatment. The epidemiological criteria used for designating an area or county as high risk may include the presence of disease vectors, multiple animals in the area, and common husbandry and animal use practices that could lead to disease exposure.(c) The order shall contain the following elements:(1) The epidemiological criteria for which the order is being issued;(2) A description of the area or county determined to be high risk for a disease that enables a person to identify the area or premises;(3) If the seriousness of the disease is sufficient to warrant prohibiting the movement of animals using a hold order, the order must state that the movement is prohibited;(4) Any exceptions, terms, conditions, or provisions prescribed under this chapter must be stated in the order;(5) The class of persons authorized by the Commission or the Executive Director to issue certificates or permits authorizing movement; and(6) Any authorized movement certificate or permit must be issued in conformity with the requirements stated in the order. (A) The Executive Director may provide for a written certificate or written permit authorizing the movement of animals from locations where the animals have been restricted.(B) The certificate or permit must be issued by a veterinarian or other person authorized by the Commission to issue a certificate or permit.(d) If the order prohibits the movement of an animal until tested negative for a disease, the Executive Director may prescribe: (4) provisions that the Executive Director considers necessary or desirable to promote the objectives of this chapter or to minimize the economic impact of the animal without endangering those objectives or the health and safety of other animals.(e) Testing Procedures. (1) All animals located or maintained in an area shall be presented for testing or retesting at intervals stated in the herd plan until the hold order is released.(2) All animals to be added to the herd shall be tested prior to commingling with the herd.(3) All stray animals found in the area shall be presented for testing by the caretaker of the property where located.(4) All animals identified as positive shall be removed in accordance with Commission requirements.(f) Publication of Notice. The Executive Director shall give notice of the Order: (1) by publishing notice in a newspaper published in the county in which the quarantine is established; or(2) by delivering a written notice to the owner or caretaker of the animals or places to be quarantined.(g) Procedure to Protest the Individual Herd Test Plan. A person may protest an initial test or a herd plan for testing their animals for a disease due to being classified as high risk, after consultation with the state or federal veterinarian assigned to the testing. (1) To protest, the herd owner must request a meeting, in writing, with the Executive Director of the Commission within 15 days of receipt of the herd plan or notice of an initial test and set forth a short, plain statement of the issues that shall be the subject of the protest, after which: (A) the meeting will be set by the Executive Director no later than 21 days from receipt of the request for a meeting;(B) the meeting or meetings shall be held in Austin; and(C) the Executive Director shall render his decision in writing within 14 days from date of the meeting.(2) Upon receipt of a decision or order by the Executive Director, the herd owner may file an appeal within 15 days in writing with the chairman of the commission and set forth a short, plain statement of the issues that shall be the subject of the appeal.(3) The subsequent hearing will be conducted pursuant to the provisions of the Administrative Procedure and Texas Register Act and Chapter 32 of this title (relating to Hearing and Appeal Procedures).(4) If the Executive Director determines, based on epidemiological principles, that immediate action is necessary, the Executive Director may shorten the time limits, as set out in paragraph (1)(A) and (B) of this subsection, to not less than five days. The herd owner must be provided with written notice of any time limits so shortened.4 Tex. Admin. Code § 59.11
The provisions of this §59.11 adopted to be effective February 5, 2013, 38 TexReg 498