| 1 | 1 | | 89R8705 BEE-F |
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| 2 | 2 | | By: Orr H.B. No. 4543 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the removal of a fence surrounding a breeder deer |
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| 10 | 10 | | release site. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 43.361, Parks and Wildlife Code, is |
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| 13 | 13 | | amended by adding Subsections (c) and (d) to read as follows: |
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| 14 | 14 | | (c) The owner of land that is or was registered as a release |
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| 15 | 15 | | site with the department may remove a fence described by Subsection |
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| 16 | 16 | | (a) if: |
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| 17 | 17 | | (1) at least five years have elapsed from the most |
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| 18 | 18 | | recent date breeder deer were released on the site; |
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| 19 | 19 | | (2) the owner notifies each adjacent landowner in the |
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| 20 | 20 | | form and manner prescribed by the department of the owner's |
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| 21 | 21 | | intention to remove the fence; |
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| 22 | 22 | | (3) the site has not more than a trace connection to a |
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| 23 | 23 | | facility on which chronic wasting disease has been detected; and |
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| 24 | 24 | | (4) the department certifies that no deer released on |
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| 25 | 25 | | the site has been epidemiologically associated with a positive |
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| 26 | 26 | | result of a test for chronic wasting disease. |
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| 27 | 27 | | (d) The department may not make the certification described |
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| 28 | 28 | | by Subsection (c)(4) unless the department has a confidence level |
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| 29 | 29 | | of at least: |
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| 30 | 30 | | (1) 95 percent that chronic wasting disease is not |
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| 31 | 31 | | present at greater than five percent prevalence over a five-year |
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| 32 | 32 | | testing period, if: |
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| 33 | 33 | | (A) the release site has no connection to a |
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| 34 | 34 | | facility on which chronic wasting disease has been detected; |
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| 35 | 35 | | (B) all deer released on the site display visible |
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| 36 | 36 | | identification allowing for individual identification at a |
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| 37 | 37 | | distance; and |
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| 38 | 38 | | (C) the site has complied with all applicable |
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| 39 | 39 | | commission rules and department registration and permitting |
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| 40 | 40 | | requirements and has not had any violations relating to a permit |
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| 41 | 41 | | described by Section 12.601; or |
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| 42 | 42 | | (2) 99 percent that chronic wasting disease is not |
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| 43 | 43 | | present at greater than one percent prevalence over a five-year |
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| 44 | 44 | | testing period, if the release site: |
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| 45 | 45 | | (A) has not more than a trace connection to a |
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| 46 | 46 | | facility on which chronic wasting disease has been detected; and |
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| 47 | 47 | | (B) otherwise does not satisfy the requirements |
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| 48 | 48 | | of Subdivisions (1)(A)-(C). |
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| 49 | 49 | | SECTION 2. This Act takes effect September 1, 2025. |
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