(a) The Executive Director is authorized to act for the commission in order to respond expeditiously to an animal health emergency. All actions of the Executive Director, under this chapter, will be in accordance with any direction, action or authorization provided by the commission.
(b) The commission may act to eradicate or control any disease or agent of disease transmission that affects livestock, exotic livestock, domestic fowl, or exotic fowl if the disease or agent of disease transmission is:
  (1) recognized by the United States Department of Agriculture as a foreign animal disease or a reportable animal disease;
  (2) the subject of a cooperative eradication program with the United States Department of Agriculture;
  (3) reportable to the World Organisation for Animal Health (OIE);
  (4) is the subject of a state of emergency, as declared by the Governor;
  (5) any individual case report, outbreak, emerging disease, or unusual group expression of disease or agent of disease transmission, which affects livestock, exotic livestock, domestic fowl, or exotic fowl other than bluetongue; or
  (6) a disease or agent of disease transmission designated by the Texas Animal Health Commission in §45.3(c) of this title.
(c) If the Executive Director determines that livestock have been exposed to or infected with a disease, other than bluetongue, or an agent of transmission of one of the diseases listed in §45.3(a) - (c) of this title and determines that an animal health emergency exists, then the Executive Director is authorized to exercise all the necessary authority through this chapter to act for the commission to respond as expediently as possible to the emergency.
(d) The Executive Director is authorized to determine the necessary requirements related to quarantine, disposal, testing, movement, inspection, and treatment.

Source Note: The provisions of this §58.2 adopted to be effective December 11, 2001, 26 TexReg 10048; amended to be effective February 8, 2022, 47 TexReg 502