TITLE 25. HEALTH SERVICES

PART 1. DEPARTMENT OF STATE HEALTH SERVICES

CHAPTER 169. ZOONOSIS CONTROL

SUBCHAPTER G. CAGING REQUIREMENTS AND STANDARDS FOR DANGEROUS WILD ANIMALS

25 TAC §169.131, §169.132

The Executive Commissioner of the Health and Human Services Commission, (commission), on behalf of the Department of State Health Services (DSHS), adopts amendments to §169.131 and §169.132, concerning caging requirements and standards for dangerous wild animals without changes to the proposed text as published in the April 7, 2017, issue of the Texas Register (42 TexReg 1840).

BACKGROUND AND JUSTIFICATION

The amendments to §169.131 and §169.132 are necessary to comply with Health and Safety Code, Chapter 822, Subchapter E, "Dangerous Wild Animals," which requires an owner of a dangerous wild animal to keep and confine the animal in accordance with caging requirements and registration established by the Executive Commissioner.

The amendment to §169.131 will provide for safe, healthy, and humane environments for the animals; prevent escape by the animals; and clarify the requirements for caging requirements relating to the structures and facilities containing dangerous wild animals in compliance with Health and Safety Code, §822.111.

The amendment to §169.132 will provide clarification of the submission process of a certificate of registration copy to the department by the holder of a certificate of registration of a dangerous wild animal as required in Health and Safety Code, §822.106(b).

Government Code, §2001.039, requires that each state agency review and consider for re-adoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 169.131 and 169.132 have been reviewed and the department has determined that reasons for adopting these sections continue to exist because rules on this subject are mandated.

COMMENTS

The 30-day comment period ended May 8, 2017. During this period, DSHS did not receive any comments regarding the proposed rules.

The amendments are authorized by Health and Safety Code, §822.111, which requires the Executive Commissioner to establish the caging requirements and standards for the keeping and confinement of dangerous wild animals; Health and Safety Code, §822.106(b), which requires the Executive Commissioner to charge a fee for filing a certificate of registration for a dangerous wild animal to be collected by the department; and Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. The review of §169.131 and §169.132 implements Government Code, §2001.039.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 6, 2017.

TRD-201702544

Lisa Hernandez

General Counsel

Department of State Health Services

Effective date: July 26, 2017

Proposal publication date: April 7, 2017

For further information, please call: (512) 776-6972