1. (a) Definition of Terms. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Adjacent premise--A premise that borders an exposed or infested premise, including premises separated by roads, double fences, or fordable streams. A premise that would normally be classified as adjacent may be exempted from adjacent premise requirements by a State or Federal epidemiologist if the premise is separated from the exposed or infested premise by double fencing, sufficient to prevent the spread of ticks, with one of the fences being game-proof.
   2. (2) Certificate--A document authorizing movement of livestock issued by an authorized representative of the commission after the livestock have been treated in a manner prescribed by the commission for the area and premise from which they originate.
   3. (3) Check premise--A premise located in a tick eradication quarantine area, temporary preventative quarantine area, or control purpose quarantine area that is not classified as an infested, exposed, or adjacent premise.
   4. (4) Control purpose quarantine area--An area designated by the commission for a systematic inspection of livestock and premises and control of the movement of livestock in order to investigate and control a suspected exposure of animals to ticks outside the tick eradication quarantine area. The boundaries of the area will be determined by evaluation of the barriers to the potential spread of ticks.
   5. (5) Dipping or treating--Submerging livestock in a vat, spraying livestock in an adequate facility, or other treatment of livestock as may be approved by the Texas Animal Health Commission. The treatment must be supervised by an authorized representative of the commission, and each animal must be paint marked so that it can be identified for at least 17 days.

   6. (6) Exposed livestock--Any of the following factors shall constitute livestock as being exposed:

      1. (A) Livestock that have entered an infested or exposed premise and have not been dipped and removed from the infested or exposed premise within 14 days after entry.
      2. (B) Livestock that have occupied an exposed premise and have not completed treatment required for movement from an exposed premise.
      3. (C) Livestock that have entered Texas from Mexico without a certificate from the United States Department of Agriculture.

   7. (7) Exposed premise--A premise shall be considered exposed if systematic treatment has not been completed and if either of the following conditions apply:

      1. (A) Ticks have been found on livestock that have been on the premise for less than 14 days;
      2. (B) A premise that has received exposed livestock, or equipment or material capable of carrying ticks from an infested or exposed premise.
   8. (8) Free area--An area designated by the commission as being free of ticks or exposure to ticks. The extent of the area will be determined by the appropriate barriers to the potential spread of ticks.
   9. (9) Game proof fence--A fence that has a minimum height of eight feet, consisting of wire mesh of sufficiently small size to prevent or impede the movement of domestic or exotic wildlife over, under, or through the fenced area.

   10. (10) Infested livestock--Livestock shall be considered infested if eradication treatment for movement from an infested premise has not been completed and if either of the following conditions apply:

       1. (A) Ticks have been found on livestock.
       2. (B) Livestock which occupy a premise where ticks have been found on livestock that have been on the premise more than 14 days.
   11. (11) Infested premise--A premise where ticks have been found on livestock that have been on the premise for more than 14 days, and systematic treatment has not been completed.
   12. (12) Livestock--Any domestic animal or any free ranging animals found on a premise or captured wild animal that is capable of hosting or transporting ticks capable of carrying babesia (the causative agent of cattle tick fever), including, but not limited to, cattle, horses, mules, jacks, jennets, zebras, buffalo, giraffe, and deer.
   13. (13) Permit--A document issued by an authorized representative of the commission allowing specified movement of livestock.
   14. (14) Premise--An area which can be defined by boundaries of recognizable physical barriers that prevent livestock from crossing the boundaries under ordinary circumstances; or an area that livestock do not ordinarily inhabit that the commission defines by recognizable features.
   15. (15) Premise inspection--A routine inspection by an authorized representative of the commission of premise boundaries and the livestock within for the purpose of documenting exposure of the premise.
   16. (16) Premise under vacation--A premise from which all livestock have been removed as prescribed by the commission.
   17. (17) Range inspection of livestock--An inspection of livestock to see the animal close enough to detect ticks on the animal.
   18. (18) Scratch inspection of livestock--An inspection of livestock by an authorized representative of the commission in an approved facility that allows the inspector to touch and see all parts of the livestock.
   19. (19) Temporary preventative quarantine area--An area designated by the commission for systematic inspection and treatment of livestock and premises, and control of movement of livestock, in order to detect and eradicate infestation and exposure from infested or exposed premises outside the tick eradication quarantine area. The extent of the area will be determined by evaluating the barriers to the potential spread of ticks.
   20. (20) The commission--The Texas Animal Health Commission.
   21. (21) Tick--Any tick capable of transmitting bovine Babesiasis (cattle tick fever or bovine piroplasmosis).
   22. (22) Tick eradication quarantine area--An area designated by the commission for systematic inspection and treatment of livestock and premises, and control of movement of livestock, in order to detect and eradicate infestation from infested or exposed premises. The extent of the area will be determined by evaluating the barriers to the potential spread of ticks. This is the permanent quarantine area which is designated in Texas Animal Health Commission Proclamation Number 426, § 41.2 of this title (relating to Quarantine Line; Defining and Establishing Tick Eradication Areas), and in the United States Department of Agriculture Code of Federal Regulations Part 72.5, parallel to the Rio Grande River, commonly known as the buffer zone or systematic area.

2. (b) Designation of an area.

   1. (1) Each area of the state will be classified by the commission as a free area, control purpose quarantine area, temporary preventative quarantine area, or tick eradication quarantine area. The commission will immediately redesignate an area when any change in circumstances that warrants reclassification. Each area will be determined by the Animal Health Commission according to the needs of inspection and treatment for known or suspected infestation of ticks.
   2. (2) Upon the designation of any area other than a free area, and upon the request of five livestock owners within that area, the commission will appoint an area advisory committee from recommendations made by livestock owners within the area. The committee will be kept informed of the general plan of inspection and treatment for the area, of the results of all inspections of livestock and premises, and of changes in boundaries.
   3. (3) The commission will notify all livestock owners within an area, except the free area, as to the type area in which their livestock are located. All changes in designation of an area will be in writing with the reason for change given.

3. (c) Designation of a premise.

   1. (1) Each premise within a tick eradication quarantine area, temporary preventative quarantine area, or control purpose quarantine area will be classified by the commission as an infested, exposed, adjacent, or check premise. The commission will immediately redesignate a premise when a change in circumstances warrants reclassification. The boundaries of each premise will be determined according to inspection and treatment needs for known or suspected infestation of ticks. A premise which has received untreated livestock from a premise later found to be tick infested, and the length of such infestation is unknown, may be classified as control purpose instead of exposed if livestock on the premise are found to be tick free, the owner agrees in writing to present the animals for inspection when required by the Commission, and such classification does not present a threat of the spread of ticks to the surrounding premise(s).
   2. (2) The commission will notify all livestock owners within an area, except the free area, as to the type premise on which their livestock are located. All changes in designation of premises will be in writing with the reason for change given.

4. (d) Movement of livestock.

   1. (1) When livestock are moved from a quarantined area, the person moving the livestock must have in his or her possession a copy of any certificate or permit required for movement.
   2. (2) A permit or certificate is void unless the livestock begin movement to the stated destination immediately upon issuance.
   3. (3) Movement must be direct to the destination stated on the permit or certificate. No livestock may be unloaded at any destination not shown on the permit or certificate.
   4. (4) Any livestock that become exposed during movement must be scratch inspected and dipped within 14 days of the exposure.
   5. (5) No certificate for movement will be issued unless the owner of the livestock has fully complied with these regulations.
   6. (6) When livestock are allowed to move after a required dip, the livestock must be loaded in the transporting conveyance wet, or held on a premise and for a period of time approved by an authorized representative of the commission.
   7. (7) Livestock may not move when a dip is required prior to movement, if rain or exposure to water results in the dip dripping to the ground before the dip dries. In such event, the certificate for movement is void, and another dip is required before movement.

5. (e) Restrictions on movement of livestock.

   1. (1) Movement from a free area. There are no restrictions on the movement of livestock from a designated free area.

   2. (2) Movement from a tick eradication quarantine area, temporary preventative quarantine area, or control purpose quarantined area. The owner or caretaker of livestock located in a tick eradication quarantine area, temporary preventative quarantine area, or control purpose quarantine area must not move, or allow the movement of, any livestock from the area without a permit or certificate for movement issued by an authorized representative of the commission. No person may accept a shipment of livestock from a tick eradication quarantine area, temporary preventative quarantine area, or control purpose quarantine area, unless the livestock are accompanied by an original permit or certificate for movement.

      1. (A) Movement from an infested premise or exposed premise. A certificate for movement will be issued after the livestock, if moving directly to slaughter by sealed conveyance, have had two consecutive dips not less than seven nor more than 14 days apart without scratch inspection unless required by subsection (k) of this section; or have had two dips not less than seven days nor more than 14 days apart, with each dip following a scratch inspection that does not reveal ticks; or have been dipped following a scratch inspection and not less than 12 days nor more than 14 days later dipped following a scratch inspection that does not reveal ticks.
      2. (B) Movement from an adjacent premise or check premise. Certificates for movement will be issued after the livestock have been found free from ticks by scratch inspection and then dipped; or have had three dips not less than seven nor more than 14 days apart without scratch inspection unless required under subsection (k) of this section or, if moving directly to slaughter by sealed conveyance, have had two dips not less than seven nor more than 14 days apart without scratch inspection unless required under subsection (k) of this section if moving directly to slaughter by sealed conveyance.
   3. (3) Movement originating in other states. In addition to other requirements, livestock originating in a fever tick quarantined area must be accompanied by a certificate issued by an authorized representative of the commission showing them to be free of infestation and exposure and that they were dipped under supervision in an approved dipping solution immediately prior to shipment. The livestock must be transported in clean and disinfested trucks, railroad cars, or other vehicles.

6. (f) Restrictions on movement of hides and carcasses.

   1. (1) Movement from a free area. There are no restrictions on the movement of hides and carcasses from a free area.
   2. (2) Movement from any area other than a free area. Hides and carcasses and parts thereof of any animal must be inspected and undergo any treatment deemed necessary. A permit for movement issued by a representative of the commission must accompany the shipment.
7. (g) Dipping of livestock; general. All dipping prescribed in this section must be done under the supervision of a representative authorized by the commission. The commission will authorize for use in dipping only those dips that have been approved by the Animal and Plant Health Inspection Service of the United States Department of Agriculture and the Texas Animal Health Commission for use in official dipping to rid animals of the tick. The concentration of the dipping chemical used must be maintained in the percentage specified for official use by means of the approved vat management techniques established for the use of the agent; or, if applicable, by an officially approved vat side test or field test of the commission. The owner or caretaker of the livestock is responsible for presenting the livestock to the dipping vat, dipping the livestock, and removing the livestock, and will provide such labor as is necessary to perform all required functions.

8. (h) Required Dipping of Livestock.

   1. (1) The owner or caretaker of livestock on infested or exposed premises in the tick eradication quarantine area, or infested or exposed premises in the temporary preventative quarantined area must present them to be scratch inspected and dipped with subsequent dipping every seven to 14 days until the livestock are moved from the premise in accordance with these regulations, except as provided in paragraph (5) of this subsection.
   2. (2) The 14-day interval may be extended due to circumstances beyond the control of the owner upon approval by an authorized representative of the commission. In no event will the extension be more than three days. If the extension is granted, no certificate for movement will be issued after the 14th day, and the next dip must be on the original 14-day schedule.
   3. (3) All scratch inspection and dipping must be done under instructions issued by the commission. All requirements will be in written form directed to the owner or caretaker. An inspector for the Commission will deliver the instructions in person along with a copy of these regulations. All premise boundaries will be listed in the instructions.
   4. (4) The scratch inspection and first dip must be within 14 days from the date infestation or exposure is discovered unless otherwise approved by the commission.
   5. (5) The starting date for infested premises for Table I (Pasture Vacation Schedule, South of Highway 90) and Table II (Pasture Vacation Schedule, North of Highway 90), is the date of the first clean dipping of 100% of the livestock. The starting date for exposed premises for Table I and Table II is when 100% of the livestock on the premise have been dipped. Copies of Table I (Pasture Vacation Schedule, South of Highway 90) and Table II (Pasture Vacation Schedule, North of Highway 90) may be obtained from the Texas Animal Health Commission, P.O. Box 12966, Austin, Texas 78711.
   6. (6) A dip is not official unless 100% of the livestock within the premise affected are dipped on schedule.
9. (i) Vacation of premise. Upon the removal of all livestock from a premise, the premise remains classified as before for the period shown on Table I (Pasture Vacation Schedule, South of Highway 90) or Table II (Pasture Vacation Schedule, North of Highway 90), whichever is applicable. The starting date is the date the last live tick is found, or when 100% of the livestock on the premise have been dipped and continued on an official dipping schedule until removed from the premise. Upon expiration of the time shown in Tables I (Pasture Vacation Schedule, South of Highway 90) or II (Pasture Vacation Schedule, North of Highway 90), whichever is applicable, or when determined by the commission that the premise has no infestation, the premise will be reclassified.
10. (j) Required inspection of premise. An infested premise, exposed premise, or adjacent premise will be inspected every 14 days by an authorized representative of the commission. The 14-day interval may be extended due to circumstances that prevent the inspection. A check premise will be inspected when deemed necessary by an authorized representative of the commission.
11. (k) Required scratch inspection of livestock. The owner or caretaker of livestock on any premise must present them to be scratch inspected at any time specified by notice from an authorized representative of the commission.

12. (l) Handling and feeding of livestock.

    1. (1) All conveyances which have contained infested or exposed livestock must be cleaned, treated, and determined to be free of ticks before reloading. All of these functions must be conducted in the presence of an authorized representative of the commission.
    2. (2) All material removed from a conveyance or that has held infested or exposed livestock must be kept in an enclosure inaccessible to livestock, at a minimum distance of 15 feet. No material will be removed from the enclosure without approval in writing by the commission.
    3. (3) Hay, feed, or any other commodity capable of carrying ticks may not be moved from an infested or exposed premise without a permit.
13. (m) Protest of designation of area or premise, dipping directions, or other orders. Any person that desires a hearing for the purpose of protesting the designation of an area or premise, or any dipping direction, or scratching notice, or any other order of the commission issued under the provisions of these regulations, may file an appeal pursuant to Chapter 32 of this title (relating to Hearing and Appeal Procedures).

14. (n) Regulations on cattle and products imported from Mexico.

    1. (1) All cattle moved into Texas from Mexico shall be identified with an "M"-brand prior to moving to a destination in Texas. Metal eartags applied in Mexico must not be removed from the animals.
    2. (2) A copy of the certificate issued by an authorized inspector of the Animal and Plant Health Inspection Service, United States Department of Agriculture, for the movement of Mexico cattle into Texas must accompany such animals to their final destination in Texas, or so long as they are moving through Texas.
    3. (3) The owner or caretaker of livestock that have been in Mexico within six months of their entry into Texas may not move, or allow the movement of the livestock to any area of Texas other than a free area; nor may any person accept a shipment of such livestock into any area other than a free area.
    4. (4) No person, firm, corporation, or carrier may move or transport from Mexico into Texas any commodity capable of carrying ticks unless the commodity has been treated in accordance with requirements of the commission and the United States Department of Agriculture. A certificate of treatment issued by an authorized inspector must accompany such products to their final destination in Texas, or so long as they are moving through Texas.
15. (o) Tick Program Research and Field Studies. The Executive Director may authorize different requirements for dipping, movement, and other handling of livestock under quarantine when done pursuant to a research program or field study.

Source Note:The provisions of this §41.1 adopted to be effective April 15, 1981, 6 TexReg 1109: amended to be effective October 15, 1987, 12 TexReg 3548; amended to be effective February 16, 1993, 18 TexReg 580; amended to be effective September 17, 1993, 18 TexReg 5838; amended to be effective October 15, 1995, 20 TexReg 7483; amended to be effective March 1, 1996, 21 TexReg 865; amended to be effective September 30, 1996, 21 TexReg 8216; amended to be effective June 11, 2000, 25 TexReg 5328.