SECTION 35.6. Indemnity Payments to Owners of Cattle Exposed to Brucellosis

(a) Herd eligibility for payment of indemnity funds:

(1) the entire herd (all cattle under common ownership or management) must have been tested; and

(2) an indemnity agreement must be signed and approved for payment by the executive director and USDA, APHIS, VS veterinarian-in-charge; and

(3) the herd owner must comply with each requirement pertaining to herd depopulation and payment for indemnity; and

(4) the herd must be recommended for indemnity by the state epidemiologist.

(b) Criteria for selection of herds for indemnity payment:

(1) the herd must have a professional diagnosis, supported by culture or significant serology and compatible history; or

(2) a herd not meeting paragraph (1) of this subsection is recommended for indemnity by the state epidemiologist;

(3) all selections of herds or cattle for payment of indemnity are subject to availability of funds.

(c) General Requirements.

(1) The Commission, through its Executive Director, will determine the amount and number of animals for which indemnity will be paid. The owner of a herd selected for indemnity may be reimbursed from TAHC funds for depopulation at a total rate not to exceed:

(A) $100 per head for up to a total of 100 head of cattle which can be composed of exposed nursing males and negative exposed sexually intact females 18 months of age and older; and

(B) $100 per head for not more than five negative exposed bulls 18 months of age and older; and

(C) Actual cost of spaying not to exceed $10 per head. A spaying certificate and the proof of payment for cost of spaying must be submitted simultaneously with the indemnity claim.

(2) Depopulation funds shall not be paid for weaned steers or spayed heifers.

(3) All nursing male calves shall be castrated or "B" branded and permitted for immediate slaughter.

(4) To receive TAHC indemnity funds, all sexually intact cattle approved for depopulation must be removed from the premise within 45 days after the offer for indemnity payment is made to the herd owner. The offer date will be documented on the form TAHC 93-14.

(5) Depopulated sexually intact cattle shall be branded with the letter "B" high on the left hip near the tailhead and identified with a reactor eartag within the specified time intervals according to applicable state/federal requirements and prior to movement from the premise.

(6) Sexually intact cattle shall be moved from the premise accompanied with a VS 1-27. They shall either be moved directly to slaughter or through an approved livestock market for sale directly to slaughter and accompanied with a VS 1-27 from the market. In either case the cattle shall be slaughtered within the specified time intervals according to applicable state/federal regulations following identification. Steers and spayed heifers may be retained on the premise or move without restrictions.

(7) The owner of a herd approved for depopulation must agree to complete a herd test of all cattle 18 months of age and older except steers and spayed heifers no later than six months after repopulation with test-eligible breeding replacements.

(8) The owner of a herd approved for depopulation must agree to complete a herd test of all cattle 18 months of age and older except steers and spayed heifers in units not depopulated six to 12 months after depopulation.

(d) If approved by the State Epidemiologist, an owner may be paid $200 per B. abortus Strain 19 reactor, not to exceed the greater of five head or 5.0% of the herd.

Source Note: The provisions of this §35.6 adopted to be effective September 28, 1990, 15 TexReg 5357; amended to be effective May 20, 1991, 16 TexReg 2469; amended to be effective November 22, 1991, 16 TexReg 6290; amended to be effective March 22, 1994, 19 TexReg 1649; amended to be effective December 5, 1994, 19 TexReg 9295; amended to be effective October 22, 1995, 20 TexReg 7974; amended to be effective March 1, 1996, 21 TexReg 865; amended to be effective December 31, 1996, 21 TexReg 11477; amended to be effective September 6, 1998, 23 TexReg 8828.