TITLE 4. AGRICULTURE

PART 2. TEXAS ANIMAL HEALTH COMMISSION

CHAPTER 51. ENTRY REQUIREMENTS

The Texas Animal Health Commission (Commission) in a duly noticed meeting on May 12, 2026, adopted amendments to Title 4, Texas Administrative Code, Chapter 51 titled "Entry Requirements." Specifically, the Commission adopted amendments to §51.3 regarding Exceptions without changes to the proposed text published in the March 13, 2026 issue of the Texas Register (51 TexReg 1480) and will not be republished.

JUSTIFICATION FOR RULE ACTION

The Texas Animal Health Commission adopts amendments to §51.3, concerning Exceptions. The purpose of the amendment is to eliminate duplicative regulation and expand the veterinary care permit exception to include cattle, bison, and camelids.

The Commission is tasked with creating and enforcing entry requirements for livestock, fowl, exotic livestock, and exotic fowl. The Commission requires all animals entering Texas to be accompanied by a certificate of veterinary inspection (CVI) unless specific exceptions apply. One such exception is the veterinary care exception found in §51.3(b)(1). This exception currently allows equine to enter Texas without a CVI if traveling directly to a veterinary clinic for treatment with a permit issued by the Commission. Equine must be returned immediately to their state of origin via the most direct route following treatment.

The amendments expand the veterinary care exception to include cattle, bison, and camelids. During road-side inspections, Commission staff stop ranchers from neighboring states crossing into Texas for routine preventative procedures like dehorning and castration. These entries are not permitted and result in compliance actions and ultimately represent gaps in TAHC's disease tracing efforts. The adopted amendments will allow and encourage expanded access to skilled Texas veterinarians while maintaining disease traceability.

Additionally, the adopted amendments eliminate language that allows equine entering for sale at a livestock market to first be consigned to a veterinary clinic for issuance of a CVI. This exception is duplicative of an exception found in §51.13(a)(5) which allows equine entering for sale at a livestock market to first move directly to an EIA approved lab/vet clinic for testing and CVI. Both exceptions require a permit prior to entry. And presently, §51.13 is the exception used by Commission staff rather than the exception found in §51.3. This amendment tidies Commission rules without changing procedure for staff or eliminating an existing exception for the public.

HOW THE RULE WILL FUNCTION

Section 51.3 includes exceptions to the Commission's entry requirements. The amendments expand the veterinary care exception for CVIs from equine-only to equine, cattle, bison, and camelids. The amendments also eliminate a duplicative CVI exception for equine entering for sale at a livestock market which may be consigned directly to a veterinary clinic for issuance of a CVI.

SUMMARY OF COMMENTS RECEIVED AND COMMISSION RESPONSE

The 30-day comment period ended April 13, 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 of Texas stated its support for the rule change noting that the change appears to simplify the process for moving equines interstate and eliminates unintended bureaucratic hassle. LMAT expressed its appreciation for the Commission's willingness to simplify requirements for all parties, including those participating in livestock markets.

Response: The Commission thanks the commenter for the feedback. No changes were made as a result of these comments.

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 May 15, 2026.

TRD-202602060

Jeanine Coggeshall

General Counsel

Texas Animal Health Commission

Effective date: June 4, 2026

Proposal publication date: March 13, 2026

For further information, please call: (512) 839-0511