(a) The State of Texas Emergency Management Plan. This plan defines the organization, establishes operational concepts, assigns responsibilities, and outlines coordination procedures for accomplishing comprehensive emergency management objectives in Texas. The plan contains "Appendix Four to Annex H" which provides guidance for mitigating against, preparing for, identifying and responding to, and recovering from any highly contagious animal disease affecting Texas livestock.
(b) Emergency Management Council. The Emergency Management Council is composed of the heads of state agencies, boards, and commissions and representatives of organized volunteer groups to advise and assist the Governor in all matters relating to disaster mitigation, preparedness, response, and recovery. The Texas Animal Health Commission is a member of that commission. The executive director is authorized to utilize the resources of the commission to fully participate and act to assist the Governor in all matters relating to disaster mitigation, preparedness, response, and recovery.
(c) Executive Director Authorization. The executive director is authorized to utilize all the appropriate resources of the commission to act in accordance with the State Emergency Management Plan and Appendix Four to Annex H. The Texas Emergency Response Team (TERT) is an interagency team comprised of commission personnel and working to respond quickly to emergency's through out the state. They are authorized to respond to potential emergencies and disasters.
(d) Commission Written Instruments. The commission authorizes the executive director and authorized agents of the commission to sign written instruments on behalf of the commission including, but not limited to, issuing, modifying, rescinding a quarantine, any movement restriction as provided in this chapter or in requiring livestock exposed to or infected with disease to be slaughtered as provided in Section 58.31. A written instrument, including a quarantine or written notice of an order to slaughter, signed in support of this chapter has the same force and effect as if signed by the entire commission.
(e) Entry Power. A commissioner or a veterinarian or inspector employed by the commission may enter public or private property for the exercise of an authority or performance of a duty under this chapter.
(f) Requirements on dealer recordkeeping. Any dealer of livestock is required by §161.049 of the Texas Agriculture Code to maintain records of livestock sales. Such records shall show the buyer's and seller's name and address, county of origin, number of animals, and a description of each animal, including sex, age, color, breed, brand, and individual identification such as eartag, bangle tag, backtag, tattoo or firebrand. Records at auctions and commission firms shall show the delivery vehicle license number. A dealer is required to provide records to authorized agents of the commission acting under the authority of this chapter in order to determine whether livestock have been exposed to or infected with a disease as identified in Section 58.2 of this chapter.

Source Note: The provisions of this §58.3 adopted to be effective December 11, 2001, 26 TexReg 10048