MINUTES
SUBCOMMITTEE ON AGRICULTURE, RURAL AFFAIRS AND COASTAL RESOURCES
Wednesday, September 6, 2006
10:00 a.m.
Capitol Extension, Room E1.016
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Pursuant to a notice posted in accordance with Senate Rule
11.18, a public hearing of the Subcommittee on Agriculture,
Rural Affairs and Coastal Resources was held on Wednesday,
September 6, 2006, in the Capitol Extension, Room E1.016, at
Austin, Texas.
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MEMBERS PRESENT: MEMBERS ABSENT:
Senator Craig Estes Senator Juan Hinojosa
Senator Mike Jackson
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The chair called the meeting to order at 10:00 a.m. There being
a quorum present, the following business was transacted:
The first invited witnesses were a panel from Texas A&M
University, Dr. Andy Vestal, Agriculture and Natural Resources
Emergency Management, Texas Cooperative Extension Service, and
Dr. Buddy Faries, Extension Program Leader for Veterinary
Medicine, Texas Cooperative Extension Service. Dr. Vestal
testified about adding the Texas Cooperative Extension (TCE) to
the State Emergency Management Council (SEMC) because of the
critical role of the county extension agent. TCE supports local
and community needs with public information and educational
services in every county. Dr. Faries testified that the first
line of defense in emergencies involving foreign and emerging
animal diseases (FEADs) is with animal owners, county extension
agents, and private veterinarians to ensure early detection and
rapid reporting.
The next panel of witnesses, representing state agencies,
consisted of Dr. Dee Ellis, Texas Animal Health Commission
(TAHC), Dr. Bob Hillman, TAHC, David Kostroun, Texas Department
of Agriculture (TDA), and David Morrison, Texas Parks and
Wildlife Department (TPWD). Dr. Ellis reported on diseases
that concern Texas agriculture and are monitored in Texas,
including hoof and mouth disease, BSE (bovine spongiform
encephalopathy), and poultry diseases.
Dr. Hillman gave an update on the National Animal
Identification System (NAIS). He explained that the three major
components of NAIS premises identification, animal
identification, and animal tracking have been initiated.
Premises identification has been implemented in all states and
is voluntary in all states except Wisconsin and Indiana. The
U.S. Secretary of Agriculture current position is that NAIS
should be voluntary and that market forces should encourage
producer participation. Premises identification is an important
component for disease control.
David Kostroun testified regarding how other states are
addressing plant disease and intentional threats to the food
supply. TDA seeks to improve detection and monitoring in case
of an outbreak. Texas does not have permanent road inspection
stations which are used in other states, but has utilized
temporary road inspection stations. Kostroun testified that
permanent road stations would be beneficial in the state.
David Morrison testified on the avian influenza monitoring
process in Texas. He stated that no cases of avian influenza
have been detected in North America and that the current form of
the disease is not easily transmittable. The problem is the
migratory nature of wild waterfowl which have overlapping summer
territories in the north and could transmit disease from
Southeast Asia to North America. Texas will continue to sample
birds from sport hunting and other live bird collection points.
The next group of witnesses was from livestock cattle
breeder organizations, Ed Small, Texas and Southwestern Cattle
Raisers Association (TSCRA), John Cowan, Texas Association of
Dairymen (TAD), Josh Winegarner, Texas Cattle Feeders
Association (TCFA), Bruce Dopslauf, Independent Cattlemen's
Association of Texas, and Dan Dierske, Texas Farm Bureau.
Mr. Small testified TSCRA has been in favor of NAIS and
supported H.B. 1361 enacted last session. John Cowan testified
that any animal tracking system must comport with the USDA
regulations. He stated that it is a matter of public safety as
well as public health. TAD favors moving forward with the
identification system. Mr. Winegarner testified that TCFA is
working to enhance response and preparedness for foreign animal
disease in order to protect the industry. He said that premise
and animal identification are means for combating disease and
that TCFA supported H.B. 1361. Winegarner said that TCFA's
position is that NAIS must be made mandatory to be efficient and
effective and that it also must remain confidential.
Mr. Dopslauf testified that ICA works with state and
national groups to protect the cattle and beef industry. He
said that ICA supports and encourages voluntary premises
identification system that must be simple and workable. He
supports a "bookend system" with tags and harvesting of tags at
slaughter, noting that premise and animal identification should
be sufficient, without tracking every animal movement. ICA
supports a voluntary system that works with the market but is
not unwieldy or expensive. Mr. Dierske testified that TFB
supports the work of the government agencies. He also
testified that TFB encourages the state to examine ways to
increase the efficiency and production of ethanol and supports
border security.
The next panel representing industry consisted of Judith
McGeary, Farm and Ranch Freedom Alliance (FARFA), Steve Bridges,
Texas Organic Farmers and Gardeners Association (TOFGA), Brad
Stufflebeam, TOFGA, and Mark Levin, Texas Public Policy
Foundation, Center for Effective Justice. Ms. McGeary testified
that FARFA is a new organization created as a result of H.B.
1361 and the TAHC rulemaking process. FARFA does not oppose a
voluntary program. She testified that some animal owners were
led to believe that premises registration was mandatory and that
they would be criminally penalized for noncompliance. She
testified that the state needs to consider the level of risk,
the economic cost, the cost to rights and privacy, and the
alleged benefits to be gained from NAIS. She added that Texas
should make programs that respect the different sizes of
livestock producers and tailor programs to the specific species.
FARFA recommended several alternative means for protecting
agricultural interests in Texas.
Mr. Bridges testified about the "local food movement" and
commented that TOFGA is forming a public policy committee in an
attempt to become more involved. TOFGA opposes NAIS because of
concerns that it will eventually become mandatory. Bridges said
that food comes from farms and that the factory farm model is
not the only way to raise food. He said that factories, not
farmers, benefit from NAIS and that the food supply needs to be
decentralized and diversified to make it less vulnerable to
attack of all kinds. Bridges believes the government should
stay out of the personal lives of citizens because it goes
against the core values of this country and a rural lifestyle.
Mr. Stufflebeam testified that he is a full-time farmer
representing small farmers and ranchers in support of
independent and sustainable small family farms. He said that
the NAIS program does not take into account small rural
community life and that there is no assurance that the
information collected will be secure. Mr. Stufflebeam stated
that NAIS places an unfair burden on the smaller producer. He
recommends increased border inspections, education for small
producers on how to identify and prevent disease, and
diversification of the local food supply.
Mr. Levin testified that there are more than 1,700 criminal
offenses on the books and that the state does not need to create
another criminal offense of noncompliance with NAIS.
The next panel of witnesses representing industry included
Bob Turner, Texas Poultry Federation (TPF); Guy Sheppard, Texas
Veterinary Medical Association (TVMA); Ken Horton, Texas Pork
Producers Association (TPPA); and David Hooper, Texas
Thoroughbred Association (TTA). Mr. Turner testified TPF is
supportive of premises identification and the requirements of
the federal program because premise and animal identification
are essential to control animal diseases.
Mr. Sheppard stated that early efforts of the voluntary
identification program have worked. He mentioned the
requirements placed on TAHC by the Legislature to raise fees to
meet the agency budget needs. Sheppard said that TVMA stands
strongly in support of TAHC and the procurement of funding for
its operation. Mr. Horton testified that TPPA is concerned
about disease threats from all sources and continues to support
H.B. 1361 with voluntary premises registration. He said that
TPPA does not believe that proper procedures are in place at
this time to provide an effective individual animal
identification program and that there is no real benefit for
recording animal movement.
Mr. Hooper testified that TTA is opposed to the
identification program and the imposed deadlines. He said that
current regulations cover the transport of horses and that any
additional regulations create unnecessary costs. He recommends
that the state legislature delay programs for horses until the
USDA acts on the request of horse groups to be exempt from NAIS.
Following the invited testimony, public testimony was
presented by:
Mayor Ed Smith, Marshall, Texas, stated that as a horse breeder
he is opposed to H.B. 1361. He believes that most Texans
affected by the legislation and proposed rulemaking were not
aware of it. Smith testified that the provisions of H.B. 1361
would harm, hinder, and restrain the growth of the livestock
industry generally and especially the equine industry.
Dr. Joe David Ross, retired veterinarian, representing
himself, testified that horses do not get hoof-and-mouth disease
but that they do get diseases that require quarantine and that
transporting horses and other show animals can spread disease.
Ross noted that identification of sheep and goats has been
mandated since 2001. Ross said that he recommends the state act
deliberatively and not adopt premise identification until USDA
has fully implemented the federal program.
The last witness, Ms. Amanda Cohen testified that NAIS
could prevent her from owning the 10 chickens she raises as a
hobby. She suggested that if the identification system is
implemented a "cut off" limit should be included for small
operations.
There being no further business, at 2:35 p.m. Senator Estes
moved that the subcommittee stand recessed subject to the call
of the chair.