TITLE 4. AGRICULTURE
PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 28. TEXAS AGRICULTURAL FINANCE AUTHORITY
The Texas Agricultural Finance Authority (TAFA or the Authority), a public authority within the Texas Department of Agriculture (Department), adopts rule amendments to Texas Administrative Code, Title 4, Chapter 28, Subchapter A, §§28.3, 28.5, and 28.7; Subchapter B, §§28.10, 28.12 - 28.19; Subchapter C, §§28.20, 28.23 - 28.30, 28.32, 28.35 - 28.37; Subchapter D, §§28.40 - 28.48; Subchapter E, §§28.50 - 28.55; Subchapter F, §§28.60 - 28.63; and Subchapter G, §§28.70 - 28.72, 28.74 - 28.78, 28.80, 28.83, 28.86 and 28.87 without changes to the proposed text as published in the December 5, 2025 issue of the Texas Register (50 TexReg 7796); the rule text will not be republished. The amendment to §28.2 is adopted with a non-substantive change to the proposed text as published in the December 5, 2025 issue of the Texas Register (50 TexReg 7796) to clarify a reference consistent within the remainder of the revised definition; the rule text will be republished.
In addition, TAFA adopts new rules within Subchapter E, §28.56 and §28.58 without changes to the proposed text as published in the December 5, 2025 issue of the Texas Register (50 TexReg 7796); the rule text will not be republished. The amendment to §28.57 is adopted with a non-substantive change to the proposed text as published in the December 5, 2025 issue of the Texas Register (50 TexReg 7796) to reflect the full scope of authorized board actions as contained within corresponding statutory language; the rule text will be republished.
TAFA also adopts repeal of Subchapter G, §28.73 without changes as published in the December 5, 2025 issue of the Texas Register (50 TexReg 7796); the repealed rule will not be republished. TAFA further adopts new Subchapter H, comprised of §§28.90 - 28.96, providing rules for the establishment, implementation, and administration of the Pest and Disease Control and Depredation Program, which is designed to implement agriculture-related pest, disease, or depredating animal control efforts and mitigate agriculture losses, without changes to the proposed text as published in the December 5, 2025 issue of the Texas Register (50 TexReg 7796); the rule text will not be republished.
The adopted amendments to the headings of Subchapters D, E and G of this chapter replace the current headings for these subchapters to reflect changes made by HB 43 to corresponding subchapters within Texas Agriculture Code (Code), Chapter 58 for consistency and are non-substantive. Specifically, the heading for Subchapter D is updated from "Young Farmer Interest Rate Reduction Program Rules" to read "Farmer Interest Rate Reduction Program Rules," removing the word, "Young"; the heading for Subchapter E is updated to reflect the change in program name from "Young Farmer Grant Program Rules" to "Agriculture Grant Program Rules," replacing the phrase "Young Farmer" with "Agriculture"; and the heading for Subchapter G is updated to reflect the change in program name from "Rural Economic Development Finance Program" to "Rural Agriculture Economic Development Finance Program" to add the word "Agriculture." Due to an inadvertent administrative error, the revised subchapter headings were not published as part of the proposed rulemaking in the December 5, 2025 issue of the Texas Register (50 TexReg 7796) so the revised headings will be republished.
During its Regular Session, the 89th Texas Legislature enacted House Bill (HB) 43, which amended Chapter 58 of the Code relating to the Authority. With the passage of HB 43, several TAFA financial assistance programs were modified, and a new pest and disease control and depredation program was established. The Department identified the need for the amendments, new rules, and repeal during its rule review conducted pursuant to Texas Government Code §2001.039, primarily to implement HB 43 and improve and update the rules in areas identified during the statutorily-required rule review to clarify and improve readability for the public. The rule review was adopted in the December 5, 2025 issue of the Texas Register (50 TexReg 7925) in conjunction with the proposed rulemaking.
SECTION-BY-SECTION SUMMARY
The adopted amendments to §28.2 remove several redundant definitions for terms already defined in TAFA's enabling statutes in the Texas Agriculture Code ("Agricultural business," "Agricultural product," and "Lender"), add definitions for the terms, "Administrator" and "Department," to account for the use of these terms in the chapter, modify some definitions to improve readability, and make conforming formatting changes.
The adopted amendment to §28.3 makes a change to identify a defined term.
The adopted amendments to §28.5 make changes to identify defined terms. In addition, new language is incorporated into §28.5 to recognize that a resolution of the TAFA board pertaining to administration of the Texas Agricultural Fund shall control over the rules in this chapter if a conflict arises.
The adopted amendments to §28.7 make changes to identify defined terms and improve readability. Similarly, the adopted amendments to §28.10 and §28.12 identify defined terms.
The adopted amendments to §28.13 correct a statutory reference to the Texas Agriculture Code; remove a redundant definition ("Linked deposit"), adds a definition for "Lender"; and modify a definition to clarify and improve readability.
The adopted amendments to §28.14 make changes to identify defined terms and improve readability.
The adopted amendments to §28.15 make changes to identify defined terms, to track statutory language for the maximum loan rate a borrower would pay, to allow for additional methods of communication including email, and to update the threshold amount that requires a lender to notify the Authority.
The adopted amendments to §28.16 make changes to identify defined terms.
The adopted amendments to §28.17 make changes to identify defined terms and correct a reference within the chapter.
The adopted amendments to §§28.18 and 28.19 make changes to identify defined terms.
The adopted amendments to §§28.20, 28.23, 28.24, 28.25, 28.26, 28.27, and 28.28 make changes to identify defined terms and improve readability.
The adopted amendments to §28.29 update the maximum loan guarantee amounts under the Agricultural Loan Guarantee Program and adds language to allow the TAFA board to consider loan guarantees in excess of $1 million and approved by resolution of the TAFA board. Additional changes are also incorporated to improve the rule's readability.
The adopted amendments to §§28.30, 28.32, and 28.35 make changes to identify defined terms and improve readability.
The adopted amendments to §28.36 is modified to align with statutory language in the Texas Agriculture Code and incorporate changes to improve readability.
The adopted amendments to §28.37 make changes to identify defined terms and improve readability.
The adopted amendment to the heading for Subchapter D is updated from "Young Farmer Interest Rate Reduction Program Rules" to read "Farmer Interest Rate Reduction Program Rules" to remove the word "Young" and reflect changes made by HB 43 to Texas Agriculture Code, Chapter 58.
The adopted amendments to §§28.40 and 28.41 remove the word "young" when necessary to conform with HB 43 and make changes to improve the rules' readability.
The adopted amendments to §28.42 removes an unnecessary definition, modifies the definition of "Lender" and reflects changes made to improve the section's readability.
The adopted amendments to §28.43 make changes to identify defined terms and correct a reference within the chapter.
The adopted amendments to §28.44 update language to reference statute for the maximum loan rate a borrower would pay, to allow for additional methods of communication including email, and update the threshold amount that requires a lender to notify the Authority.
The adopted amendments to §§28.45, 28.46, and 28.47 make changes to identify defined terms and correct a typographical error.
The adopted amendments to §28.48 increase the maximum loan amount to conform with changes made by HB 43 and to identify defined terms and improve readability.
The adopted amendment to the heading for Subchapter E is updated to reflect the change in program name from "Young Farmer Grant Program Rules" to "Agriculture Grant Program Rules" to reflect changes made by HB 43 to Texas Agriculture Code, Chapter 58.
The adopted amendments to §28.50 update the purpose of the program to conform with changes made by HB 43 to Texas Agriculture Code, Chapter 58 and make changes to improve readability.
The adopted amendments to §28.51 identify defined terms and replace the phrase, "young farmer," with "agriculture" when necessary to conform with changes made by HB 43 to Texas Agriculture Code, Chapter 58.
The adopted amendments to §28.52 remove an unnecessary definition, modify another definitions, and improve readability.
The adopted amendments to §28.53 update the program name, remove the age requirements and modify the eligible project types to conform with changes made by HB 43 to Texas Agriculture Code, Chapter 58.
The adopted amendments to §28.54 clarify permissible uses of certain grant funds and improve readability.
The adopted amendments to §28.55 provide the TAFA board with greater flexibility in its administration of the grant program by creating multiple grant opportunities, clarifying application details and allowing the TAFA board to determine grant cycles each year and not limit it to two periods.
Adopted new rule, §28.56 (Use of Grant), describes basic information required to be published for each grant opportunity and states the manner in which grant funds will be disbursed.
Adopted new rule, §28.57 (Filing Requirements; Consideration of Project Requests; Grant Awards), requires an applicant to submit an application in the format prescribed by TAFA, requires TAFA to publish the maximum award amount and allows TAFA to decline all applications in its sole discretion.
Adopted new rule, §28.58 (Reporting Requirements) requires grant recipients to comply with reporting requirements that will be included in the grant agreement.
The adopted amendment to §28.60 identifies a defined term.
The adopted amendments to §28.61 identify defined terms and correct a statutory reference.
The adopted amendments to §28.62 identify defined terms and correct an internal reference within the chapter.
The adopted amendments to §28.63 identify a defined term.
Adopted amendment to the heading for Subchapter G is updated to reflect the change in program name from "Rural Economic Development Finance Program" to "Rural Agriculture Economic Development Finance Program" to reflect changes made by HB 43 to Texas Agriculture Code, Chapter 58.
The adopted amendments to §§28.70 and 28.71 add the term, "Agriculture," to references to the grant program and the phrase, "agriculture-related" to references to the types of grant projects allowed under the program ("rural agriculture-related economic development"), as modified by HB 43, and make non-substantive edits to identify defined terms and improve readability.
The adopted amendments to §28.72 remove definitions no longer necessary based on HB 43 ("Economic Development Corporations" and "Special Purpose District"), add a definition for "Rural agriculture-related economic development" to account for the use of this phrase in the subchapter, and modifies definitions, such as "Applicant" and "Political Subdivision" to provide additional clarification and improve readability.
The adopted amendments to §§28.74, 28.75, 28.76, 28.77, and 28.78 add the phrase, "agriculture-related," to the phrase, "rural economic development," and make changes to provide additional clarification and improve readability.
The adopted amendments to §28.80 remove references to "sales tax" and "tax" from list of options to secure commitments.
The adopted amendments to §28.83 identify defined terms and provide additional clarification and improve readability.
The adopted amendments to §§28.86 and 28.87 add the term, "Agriculture," to references to the grant program reflect changes made by HB 43 to Texas Agriculture Code, Chapter 58.
Adopted new Subchapter H is proposed to reflect the establishment of a new pest and disease control and depredation program in Texas Agriculture Code, Chapter 58 by enactment of HB 43.
Adopted new rule, §28.90 (Statement of Purpose), identifies the purposes of the new grant program as control efforts and to mitigate agriculture losses.
Adopted new rule, §28.91 (Definitions) adds the definition of "Program" for purposes of this subchapter.
Adopted new rule, §28.92 (Administration) outlines staffing, ability of the TAFA board to create multiple programs, and requirement for board to adopt selection criteria.
Adopted new proposed rule, §28.93 (Eligibility), limits participation in the program to those entities identified in statute including Texas Animal Health Commission, Texas A&M AgriLife Extension Service, and Texas A&M AgriLife Research.
Adopted new proposed rule, §28.94 (Use of Grant), describes basic information required to be published for each grant opportunity and states the manner in which funds will be disbursed.
Adopted new proposed rule, §28.95 (Filing Requirements; Consideration of Project Requests; Grant Awards), requires an applicant to submit an application in the format prescribed by the Authority, requires the Authority to publish the maximum award amount, and allows the Authority to decline all applications in its sole discretion.
Adopted new proposed rule, §28.96 (Reporting Requirements), requires grant recipients to comply with reporting requirements that will be included in the grant agreement.
Adopted repeal of §28.73 relating to the Texas Rural Community Loan is appropriate to reflect changes made by HB 43 to Texas Agriculture Code, Chapter 58.
The Authority did not receive any public comments in response to its proposed amendments, proposed new rules, and proposed repeal.
SUBCHAPTER
A.
The amendments are adopted pursuant to Section 12.016 of the Texas Agriculture Code (Code), which authorizes the Department to adopt rules as necessary for the administration of its powers and duties under the Code, and Sections 58.022(1) and 58.023 of the Code, which further authorizes the Authority to adopt and enforce bylaws, rules, and procedures in order to carry out its functions under Chapter 58.
The statutory provisions affected by this adoption are those within Texas Agriculture Code, Chapter 58.
§28.2.
In addition to the definitions set forth in Texas Agriculture Code, §58.002, as amended, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Definitions applicable to specific programs may be included within the applicable subchapter.
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 February 26, 2026.
TRD-202600934
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: March 18, 2026
Proposal publication date: December 5, 2025
For further information, please call: (512) 463-3559
SUBCHAPTER
B.
The amendments are adopted pursuant to Section 12.016 of the Texas Agriculture Code (Code), which authorizes the Department to adopt rules as necessary for the administration of its powers and duties under the Code, and Sections 58.022(1) and 58.023 of the Code, which further authorizes the Authority to adopt and enforce bylaws, rules, and procedures in order to carry out its functions under Chapter 58.
The statutory provisions affected by this adoption are those within Texas Agriculture Code, Chapter 58.
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 February 26, 2026.
TRD-202600935
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: March 18, 2026
Proposal publication date: December 5, 2025
For further information, please call: (512) 463-3559
SUBCHAPTER
C.
The rule amendments are adopted pursuant to Section 12.016 of the Texas Agriculture Code (Code), which authorizes the Department to adopt rules as necessary for the administration of its powers and duties under the Code, and Sections 58.022(1) and 58.023 of the Code, which further authorizes the Authority to adopt and enforce bylaws, rules, and procedures in order to carry out its functions under Chapter 58.
The statutory provisions affected by this adoption are those within Texas Agriculture Code, Chapter 58.
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 February 26, 2026.
TRD-202600936
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: March 18, 2026
Proposal publication date: December 5, 2025
For further information, please call: (512) 463-3559
SUBCHAPTER
D.
The rule amendments are adopted pursuant to Section 12.016 of the Texas Agriculture Code (Code), which authorizes the Department to adopt rules as necessary for the administration of its powers and duties under the Code, and Sections 58.022(1) and 58.023 of the Code, which further authorizes the Authority to adopt and enforce bylaws, rules, and procedures in order to carry out its functions under Chapter 58.
The statutory provisions affected by this adoption are those within Texas Agriculture Code, Chapter 58.
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 February 26, 2026.
TRD-202600937
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: March 18, 2026
Proposal publication date: December 5, 2025
For further information, please call: (512) 463-3559
SUBCHAPTER
E.
The rule amendments and new rules are adopted pursuant to Section 12.016 of the Texas Agriculture Code (Code), which authorizes the Department to adopt rules as necessary for the administration of its powers and duties under the Code, and Sections 58.022(1) and 58.023 of the Code, which further authorizes the Authority to adopt and enforce bylaws, rules, and procedures in order to carry out its functions under Chapter 58.
The statutory provisions affected by this adoption are those within Texas Agriculture Code, Chapter 58.
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 February 26, 2026.
TRD-202600938
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: March 18, 2026
Proposal publication date: December 5, 2025
For further information, please call: (512) 463-3559
SUBCHAPTER
F.
The amendments are adopted pursuant to Section 12.016 of the Texas Agriculture Code (Code), which authorizes the Department to adopt rules as necessary for the administration of its powers and duties under the Code, and Sections 58.022(1) and 58.023 of the Code, which further authorizes the Authority to adopt and enforce bylaws, rules, and procedures in order to carry out its functions under Chapter 58.
The statutory provisions affected by this adoption are those within Texas Agriculture Code, Chapter 58.
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 February 26, 2026.
TRD-202600939
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: March 18, 2026
Proposal publication date: December 5, 2025
For further information, please call: (512) 463-3559
SUBCHAPTER
G.
The rule amendments rules are adopted pursuant to Section 12.016 of the Texas Agriculture Code (Code), which authorizes the Department to adopt rules as necessary for the administration of its powers and duties under the Code, and Sections 58.022(1) and 58.023 of the Code, which further authorizes the Authority to adopt and enforce bylaws, rules, and procedures in order to carry out its functions under Chapter 58.
The statutory provisions affected by this adoption are those within Texas Agriculture Code, Chapter 58.
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 February 26, 2026.
TRD-202600940
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: March 18, 2026
Proposal publication date: December 5, 2025
For further information, please call: (512) 463-3559
4 TAC §28.73
The repeal is adopted pursuant to Section 12.016 of the Texas Agriculture Code (Code), which authorizes the Department to adopt rules as necessary for the administration of its powers and duties under the Code, and Sections 58.022(1) and 58.023 of the Code, which further authorizes the Authority to adopt and enforce bylaws, rules, and procedures in order to carry out its functions under Chapter 58.
The statutory provisions affected by this adoption are those within Texas Agriculture Code, Chapter 58.
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 February 26, 2026.
TRD-202600977
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: March 18, 2026
Proposal publication date: December 5, 2025
For further information, please call: (512) 463-3559
SUBCHAPTER
H.
The new rules are adopted pursuant to Section 12.016 of the Texas Agriculture Code (Code), which authorizes the Department to adopt rules as necessary for the administration of its powers and duties under the Code, and Sections 58.022(1) and 58.023 of the Code, which further authorizes the Authority to adopt and enforce bylaws, rules, and procedures in order to carry out its functions under Chapter 58.
The statutory provisions affected by this adoption are those within Texas Agriculture Code, Chapter 58.
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 February 26, 2026.
TRD-202600942
Susan Maldonado
General Counsel
Texas Department of Agriculture
Effective date: March 18, 2026
Proposal publication date: December 5, 2025
For further information, please call: (512) 463-3559
PART 2. TEXAS ANIMAL HEALTH COMMISSION
CHAPTER 51. ENTRY REQUIREMENTS
4 TAC §51.1The Texas Animal Health Commission (Commission) in a duly noticed meeting on February 24, 2026, adopted amendments to Title 4, Texas Administrative Code, Chapter 51 titled "Entry Requirements." Specifically, the Commission adopted amendments to §51.1 regarding Definitions without changes to the proposed text published in the December 5, 2025 issue of the Texas Register (50 TexReg 7811) and will not be republished.
JUSTIFICATION FOR RULE ACTION
The Texas Animal Health Commission adopts amendments to §51.1, concerning Definitions. The purpose of the amendments is to clarify requirements for dairy cattle and dairy crosses entering the state.
Commission rules set forth testing requirements for cattle entering Texas. Specific tuberculosis testing requirements apply for dairy cattle. Commission staff responsible for permitting movement have noticed confusion surrounding the definition of dairy cattle and whether certain dairy crosses must be tested prior to entry.
Previously, Commission rules did not define dairy cattle. Staff relied on the USDA's definition when applying and explaining Commission rules. The USDA's definition states that all cattle, regardless of age or sex or current use, that are of a breed(s) or offspring of a breed used to produce milk or other dairy products for human consumption, including, but not limited to, Ayrshire, Brown Swiss, Holstein, Jersey, Guernsey, Milking Shorthorn, and Red and Whites.
The amendments incorporate the USDA's definition into Commission rules to clarify the meaning of dairy cattle and ease confusion as to what testing requirements must be met prior to entry.
HOW THE RULE WILL FUNCTION
Section 51.1 includes definitions. The amendments add a definition for "dairy cattle," adjust numbering, and make minor formatting changes.
SUMMARY OF COMMENTS RECEIVED AND COMMISSION RESPONSE
The 30-day comment period ended January 4, 2026.
During this period, the Commission received one comment. A summary of the comment relating to the rule and the Commission's response follows.
Comment: The Livestock Marketing Association expressed its appreciation for TAHC's effort to create a specific definition for dairy cattle but shared its concern that the proposed definition includes "or offspring of a breed." LMA believes that this definition may increase the number of animals covered by state dairy rules and have a potentially significant impact on costs. LMA asks that the final rule balance clarity with practicality and be supported by available data.
Response: The Commission thanks the commenters for the feedback. No changes were made as a result of these comments. Adoption of USDA's definition does not represent a change in the Commission's current interpretation and application of which animals are included in the meaning of "dairy cattle."
STATUTORY AUTHORITY
The amendments are adopted under the following statutory authority as found in Chapter 161 of the Texas Agriculture Code. The Commission is vested by statute, §161.041(a), with the requirement to protect all livestock, domestic animals, and domestic fowl from disease. The Commission is authorized, through §161.041(b), to act to eradicate or control any disease or agent of transmission for any disease that affects livestock.
Pursuant to §161.006, entitled "Documents to Accompany Shipment", if required that a certificate or permit accompany animals or commodities moved in this state, the document must be in the possession of the person in charge of the animals or commodities, if the movement is made by any other means.
Pursuant to §161.046, entitled "Rules", the Commission may adopt rules as necessary for the administration and enforcement of this chapter.
Pursuant to §161.048, entitled "Inspection of Shipment of Animals or Animal Products", the Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. An agent of the Commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to determine if the shipment originated from a quarantined area or herd; or determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease.
Pursuant to §161.054, titled "Regulation of Movement of Animals; Exception", the Commission, by rule, may regulate the movement of animals. The Commission may restrict the intrastate movement of animals even though the movement of the animals is unrestricted in interstate or international commerce. The Commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved. The Commission is authorized, through §161.054(b), to prohibit or regulate the movement of animals into a quarantined herd, premises, or area. The executive director of the Commission is authorized, through §161.054(d), to modify a restriction on animal movement, and may consider economic hardship.
Pursuant to §161.113, entitled "Testing or Treatment of Livestock", if the Commission requires testing or vaccination under this subchapter, the testing or vaccination must be performed by an accredited veterinarian or qualified person authorized by the commission. The state may not be required to pay the cost of fees charged for the testing or vaccination. The Commission may require the owner or operator of a livestock market to furnish adequate equipment or facilities or have access to essential equipment or facilities within the immediate vicinity of the livestock market.
Pursuant to §161.114, entitled "Inspection of Livestock", an authorized inspector may examine livestock consigned to and delivered on the premises of a livestock market before the livestock are offered for sale. If the inspector considers it necessary, the inspector may have an animal tested or vaccinated. Any testing or vaccination must occur before the animal is removed from the livestock market.
No other statutes, articles, or codes are affected by this adoption.
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 February 27, 2026.
TRD-202601035
Jeanine Coggeshall
General Counsel
Texas Animal Health Commission
Effective date: March 19, 2026
Proposal publication date: December 5, 2025
For further information, please call: (512) 839-0511