1. (a) Housing.

   1. (1) When not at work equines may be stabled in box stalls or kept outside in pens or pastures provided they have access to adequate free-choice natural or artificial shelter and fresh, clean water. Artificial shelter, at a minimum, shall consist of a roof and at least one wall to afford protection against precipitation and north winds in inclement weather. The structure shall not have sharp, protruding objects which might cause injury to the animal: i.e., nails, broken boards, etc.
   2. (2) The premises and stable must be in good state of repair, in a clean and sanitary condition, and adequately ventilated and disinfected when needed.
   3. (3) Equines housed in stalls shall be quartered in clean, dry, well ventilated stalls. Stall floors must be reasonably level. Sufficient bedding of straw, shavings, or other suitable material shall be furnished and changed as often as necessary to maintain them in a clean and dry condition. Bedding for concrete floors shall be at least six inches of materials. Bedding for clay, dirt, or rubber base floor shall be at least three inches of materials.

   4. (4) Minimum indoor standards of shelters shall include the following.

      1. (A) The ambient temperature shall be compatible with the health and comfort of the animal.
      2. (B) Indoor housing facilities shall be adequately ventilated by natural or mechanical means to provide for the health of the animals at all times.

   5. (5) Minimum outdoor standards of shelters shall include the following.

      1. (A) When sunlight is likely to cause heat exhaustion of an animal tied outside, sufficient shade by natural or artificial means shall be provided to protect the animal from direct sunlight.
      2. (B) Natural or artificial shelter appropriate to the local climatic conditions shall be provided as necessary for the health of the animal.

   6. (6) Minimum requirements for both indoor and outdoor enclosures shall include the following.

      1. (A) The housing facilities shall be structurally sound and maintained in good repair to protect the animals from injury and to contain the animals.
      2. (B) Enclosures shall be constructed and maintained so as to provide adequate space. Inadequate space may be indicated by evidence of debility, stress, or abnormal behavior patterns.

2. (b) Sanitation.

   1. (1) Minimum standards of sanitation for both indoor and outdoor enclosures shall include cleaning as required to prevent accumulation of excreta and other waste materials, dirt, and trash.
   2. (2) Adequate cleaning and disinfecting equipment and disinfectants must be maintained on all premises at all times.
   3. (3) All pens must be adequately drained to preclude animals from standing in mud or water for extended periods of time.
   4. (4) Any insecticides/pesticides used must be labeled "Approved for equines and/or for their use in their environment."

3. (c) Health and disease control.

   1. (1) Every registered establishment, within two weeks after registration, and at intervals of not more than one year after that date, shall have all equines examined by a veterinarian. The examination shall include the general physical condition of each equine, its teeth, hoofs and shoes, and its stamina and physical ability to carry the loads and to perform the work or duties required of it. The examination shall also include a record of any injury, disease, or deficiency observed at the time, together with any prescription of humane correction or disposition of the same. If any equine is sick, diseased, lame, or injured, the registrant shall take immediate action to obtain any required veterinary treatment, care, and attention. The equine may not:

      1. (A) be moved, ridden, or driven except for the immediate purpose of humane keeping or pasturing and obtaining the medical or surgical care and attention required; or
      2. (B) be used or worked during the recovery or convalescent period unless the owner has in his possession a signed and dated certificate obtained from a veterinarian which duly certifies that the equine's condition will not be impaired or aggravated by the activity.

   2. (2) Any one of the following shall deem an equine unfit for work:

      1. (A) lameness;
      2. (B) untreated sores or wounds;
      3. (C) obvious signs of emaciation, dehydration, or exhaustion;
      4. (D) loose or improperly fitted shoes, or untrimmed hooves; and
      5. (E) body condition score less than five.
   3. (3) All rental equines shall be vaccinated on a yearly basis for rabies, eastern equine encephalomyelitis, western equine encephalomyelitis, and tetanus. Optional immunizations may also be administered at the owner's discretion. There must be documentation with adequate equine identification that the vaccinations were performed. Rabies vaccination must be done by or under the supervision of a veterinarian, and National Association of State Public Health Veterinarians Form #50 or its equivalent must be kept on file for each equine.
   4. (4) An internal parasite control program, developed in consultation with a veterinarian knowledgeable in equine practice, shall be implemented and records kept of the date and product used for each equine.

4. (d) Humane care. Animals not cared for in a humane manner may be considered abused or neglected.

   1. (1) Animals must be provided with adequate food and clean water and while working must have access to clean water at reasonable intervals whether working or at rest.
   2. (2) Adequate and humane care must be provided for the animals at the facility.
   3. (3) Animals kept outside will be provided free-choice protection from weather (shade from the sun, shelter from the rain, snow, and cold) and will be maintained in an area free from accumulations of waste and unsanitary debris.
   4. (4) Owners are responsible for the acts of any person or persons to whom they rent equines for riding or driving purposes with respect to all acts where unjustified physical pain, suffering, or death is inflicted upon any equine from their establishment.
   5. (5) All animals shall be stabled or confined in a manner as to preclude fighting and to assure that they will not stray.
   6. (6) Working animals shall be given rest periods at reasonable intervals. Special attention must be given to animals on very hot days to preclude working when signs of heat stress, dehydration, or exhaustion are present.
   7. (7) Rental equines restrained and under saddle or harnessed while awaiting business during the months of May through October, inclusive, must be shaded unless the ambient temperature is less than 90 degrees Fahrenheit.
   8. (8) Reasonable and effective protective measures for sick equines, or those with body condition score less than five, must be taken when the ambient temperature is less than 50 degrees Fahrenheit.
   9. (9) A saddle equine rider's size must be reasonably compatible with the size of the equine. In no case shall an equine be rented to a person whose weight, including clothing, exceeds 20% of the horse's weight as determined by scales or weight tape. Scales must be available for determining riders' weights, if necessary.
   10. (10) Saddle equines must not be rented to obviously intoxicated persons.
   11. (11) If two people ride simultaneously, the weight restriction in paragraph (9) of this subsection must be enforced except when one rider is handicapped. In that instance, the total weight of the riders must not exceed 30% of the equine's weight, and the length of the ride must not exceed 30 minutes, with a 30-minute rest required between rides.

5. (e) Public notice.

   1. (1) Each facility (and each carriage) shall prominently display a notice consisting of the following information: "This facility is operated in compliance with the Texas Riding Stable Registration Requirements. Any person observing a violation of the requirements may report the violation to: Texas Department of Health, Bureau of Veterinary Public Health, 1100 West 49th Street, Austin, Texas 78756."
   2. (2) Each facility shall prominently display its current registration certificate.

Source Note:The provisions of this §169.83 adopted to be effective February 22, 1990, 15 TexReg 715; amended to be effective February 10, 1993, 18 TexReg 589.