89R8705 BEE-F
By: Kolkhorst S.B. No. 2031
A BILL TO BE ENTITLED
AN ACT
relating to the removal of a fence surrounding a breeder deer
release site.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.361, Parks and Wildlife Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) The owner of land that is or was registered as a release
site with the department may remove a fence described by Subsection
(a) if:
(1) at least five years have elapsed from the most
recent date breeder deer were released on the site;
(2) the owner notifies each adjacent landowner in the
form and manner prescribed by the department of the owner's
intention to remove the fence;
(3) the site has not more than a trace connection to a
facility on which chronic wasting disease has been detected; and
(4) the department certifies that no deer released on
the site has been epidemiologically associated with a positive
result of a test for chronic wasting disease.
(d) The department may not make the certification described
by Subsection (c)(4) unless the department has a confidence level
of at least:
(1) 95 percent that chronic wasting disease is not
present at greater than five percent prevalence over a five-year
testing period, if:
(A) the release site has no connection to a
facility on which chronic wasting disease has been detected;
(B) all deer released on the site display visible
identification allowing for individual identification at a
distance; and
(C) the site has complied with all applicable
commission rules and department registration and permitting
requirements and has not had any violations relating to a permit
described by Section 12.601; or
(2) 99 percent that chronic wasting disease is not
present at greater than one percent prevalence over a five-year
testing period, if the release site:
(A) has not more than a trace connection to a
facility on which chronic wasting disease has been detected; and
(B) otherwise does not satisfy the requirements
of Subdivisions (1)(A)-(C).
SECTION 2. This Act takes effect September 1, 2025.