1. (a) All cattle and bison originating from a federally recognized accredited tuberculosis free state, or area, as provided by Title 9 of the Code of Federal Regulations, Part 77, Section 77.8, or from a tuberculosis accredited herd are exempt from tuberculosis testing requirements.
2. (b) All cattle and bison originating from a state or area with anything less than a tuberculosis free state status shall be tested negative for tuberculosis in accordance with the appropriate status requirements as contained in Title 9 of the Code of Federal Regulations, Part 77, Sections 77.10 through 77.31, prior to entry with results of this test recorded on the certificate of veterinary inspection.

3. (c) Special entry requirements for cattle and bison originating from the TB quarantined area in Michigan. The quarantined area defined by the Michigan Department of Agriculture, effective January 1, 1999, includes all premises located in an area bordered by I-75 to the west, M-55 to the south, and Lake Huron and the Straits of Mackinac to the east and north. The quarantined area includes all of the Alcona, Alpena, Montmorency, Oscoda, and Presque Isle counties, and portions of Cheboygan, Crawford, Iosco, Ogemaw, Otsego, and Roscommon counties as well as any other counties or parts of counties added to the quarantine zone by the state of Michigan.

   1. (1) All cattle and bison shall originate from an accredited herd.
   2. (2) In addition, all animals 6 months of age and older shall be tested negative for tuberculosis within 60 days prior to entry with results of this test recorded on the certificate of veterinary inspection.

4. (d) Special entry requirements for cattle and bison originating from all other areas in Michigan, as provided in subsection (c) of this section. All cattle and bison shall:

   1. (1) originate from an accredited herd; or
   2. (2) originate from a herd that had a negative whole herd test including all animals 12 months and older during the previous 12 months; and
   3. (3) be tested negative for tuberculosis within 60 days prior to entry with results of the tests recorded on the certificate of veterinary inspection.
5. (e) All other cattle from foreign countries, foreign states, or areas within foreign countries defined by the Commission, with comparable tuberculosis status, would enter by meeting the requirements for a state with similar status as stated in subsections (a) and (b) of this section.

6. (f) All sexually intact cattle, from any foreign country or part thereof with no recognized comparable Tuberculosis status.

   1. (1) To be held for purposes other than for immediate slaughter or feeding for slaughter in a quarantined feedlot or designated pen, must be tested at the port of entry into Texas under the supervision of the port veterinarian, and shall be under quarantine on the first premise of destination in Texas pending a negative tuberculosis test no earlier than 120 days and no later than 180 days after arrival. The test will be performed by a veterinarian employed by the TAHC or APHIS/VS.
   2. (2) When destined for feeding for slaughter in a quarantined feedlot or designated pen, cattle must be tested at the port-of-entry into Texas under the supervision of the port veterinarian; moved directly to the quarantined feedlot or designated pen only in sealed trucks; accompanied with a VS 1-27 permit issued by TAHC or USDA personnel; and "S" branded prior to or upon arrival at the feedlot.

7. (g) Cattle originating from Mexico.

   1. (1) All sexually intact cattle shall meet the requirements provided for in subsection (f) of this section.
   2. (2) Steers and spayed heifers from Mexico shall meet the federal importation requirements as provided in Title 9 of the Code of Federal Regulations, Part 93, Section 93.427, regarding importation of cattle from Mexico. In addition to the federal requirements, steers and spayed heifers must be moved under permit to an approved pasture, approved feedlot, quarantined feedlot, designated pen or approved pens.

   3. (3) Cattle utilized as rodeo and/or roping stock shall meet the requirements set out in subsection (f) (1) of this section and the applicable requirement below:

      1. (A) All sexually intact cattle shall be retested annually for tuberculosis at the owner's expense and the test records shall be maintained with the animal and available for review.

      2. (B) All sexually neutered horned cattle imported from Mexico are recognized as potential rodeo and/or roping stock and must:

         1. (i) be tested for tuberculosis at the port of entry under the supervision of the USDA port veterinarian, and
         2. (ii) be moved by permit to a premise of destination and remain under Hold-Order, which restricts movement, until permanently identified by methods approved by the commission, and retested for tuberculosis between 60 and 120 days after entry at the owner's expense. The cattle may be allowed movement to and from events /activities in which commingling with other cattle will not occur and with specific permission by the TAHC until confirmation of the negative post entry retest for tuberculosis can be conducted, and
         3. (iii) be retested for tuberculosis annually at the owner's expense and the test records shall be maintained with the animal and available for review.
   4. (4) Regardless of reproductive status, test history, or Mexican State of origin, Holstein and Holstein cross cattle are prohibited from entering Texas.
   5. (5) All cattle moved into Texas from Mexico shall be identified with an "M" brand prior to moving to a destination in Texas.
   6. (6) A copy of the certificate issued by an authorized inspector of the United States Department of Agriculture, Animal and Plant Health Inspection Service, 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.
   7. (7) The commission will consider for repeal or amendment in April 2004 subsection (g)(2) and (3).

8. (h) All Texas origin breeding cattle moving interstate from Texas, including cows, bulls, bred heifers, and other cattle for use as breeding animals, shall be officially identified and pass a negative tuberculosis test within 60 days of movement from the state. These requirements are a minimum and the receiving state for such cattle shipments may have additional requirements. Cattle which are exempt from the test requirement include:

   1. (1) Cattle that originate from an Accredited herd, or
   2. (2) Cattle that originate from a herd which has passed a herd of origin test for tuberculosis within the previous 6 months, or
   3. (3) Nursing calves moving with TB test negative dams, or
   4. (4) Cattle that are moved direct to slaughter.

Source Note:The provisions of this §43.2 adopted to be effective October 15, 1987, 12 TexReg 3548; amended to be effective December 31, 1989, 14 TexReg 6548; amended to be effective December 18, 1992, 17 TexReg 8288; amended to be effective March 1, 1995, 19 TexReg 9849; amended to be effective September 30, 1996, 21 TexReg 8217; amended to be effective September 6, 1998, 23 TexReg 8830; amended to be effective April 4, 1999, 24 TexReg 2299; amended to be effective October 17, 1999, 24 TexReg 8735; amended to be effective June 11, 2000, 25 TexReg 5328; amended to be effective December 24, 2000, 25 TexReg 12380; amended to be effective January 5, 2003, 27 TexReg 12180.