Texas 2025 - 89th Regular

Texas Senate Bill SB2651 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14878 MP-F
2	2	By: Hall S.B. No. 2651
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of chronic wasting disease and the
10	10	establishment of a pilot program to breed deer resistant to chronic
11	11	wasting disease.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 12, Parks and Wildlife Code, is amended
14	14	by adding Subchapter I to read as follows:
15	15	SUBCHAPTER I. CHRONIC WASTING DISEASE
16	16	Sec. 12.801. DEFINITIONS. In this subchapter:
17	17	(1) "Deer breeder facility" means a breeder facility
18	18	regulated under Subchapter L, Chapter 43, or rules adopted under
19	19	that subchapter.
20	20	(2) "Release site" means a location as described by
21	21	Section 43.361.
22	22	Sec. 12.802. IDENTIFICATION OF CHRONIC WASTING DISEASE.
23	23	The diagnosis of chronic wasting disease in a deer under this
24	24	subchapter must be made or confirmed through testing:
25	25	(1) conducted by the National Veterinary Services
26	26	Laboratories; and
27	27	(2) within the National Veterinary Services
28	28	Laboratories' standard time for diagnosis after the National
29	29	Veterinary Services Laboratories receives the specimen.
30	30	Sec. 12.803. RESTRICTING MOVEMENT OF DEER AT DEER BREEDER
31	31	FACILITY OR RELEASE SITE. (a) Subject to Subsection (b), the
32	32	department may order a restriction on the movement of deer at a deer
33	33	breeder facility or release site if there is a confirmed diagnosis
34	34	of chronic wasting disease at the facility or release site.
35	35	(b) The department may only restrict the movement of deer in
36	36	an area that is not greater than 10 feet from any point on the
37	37	original enclosure that housed the deer with a confirmed diagnosis
38	38	of chronic wasting disease.
39	39	(c) The department shall lift a movement restriction
40	40	ordered under this section if:
41	41	(1) the owner or manager of the deer breeder facility
42	42	or release site provides a letter to the department certifying that
43	43	the facility or release site has:
44	44	(A) avoided commingling any deer that have a
45	45	confirmed diagnosis of chronic wasting disease or any deer that
46	46	were located in an enclosure with the diagnosed deer, including:
47	47	(i) direct contact with the diagnosed deer;
48	48	(ii) being within 10 feet of the diagnosed
49	49	deer; or
50	50	(iii) sharing equipment, pasture, water
51	51	sources, or other contaminated locations at the facility or release
52	52	site with the diagnosed deer;
53	53	(B) followed United States Department of
54	54	Agriculture procedures for decontamination of farmed cervid
55	55	facilities, including decontamination of all enclosures, surfaces,
56	56	tools, equipment, vehicles, clothing, surgical instruments, or any
57	57	other items that have come in contact or commingled with a deer that
58	58	has a confirmed diagnosis of chronic wasting disease; and
59	59	(C) depopulated the enclosure of all deer; and
60	60	(2) there is no confirmed diagnosis of chronic wasting
61	61	disease of a free-ranging deer that conclusively establishes that
62	62	the free-ranging deer populations near the deer breeder facility or
63	63	release site have been infected with chronic wasting disease due to
64	64	the wilful and deliberate failure of the owner or manager of the
65	65	deer breeder facility or release site to adhere to the criteria of
66	66	this subsection.
67	67	(d) If the department fails to lift a movement restriction
68	68	ordered under this section as required by Subsection (c), the owner
69	69	or manager of the deer breeder facility or release site may appeal
70	70	to the commission. If the commission fails to lift the movement
71	71	restriction, the owner or manager of the deer breeder facility or
72	72	release site may bring an action against the department for damages
73	73	resulting from the failure to lift the movement restriction and
74	74	appropriate equitable relief.
75	75	(e) The department may not require the owner or manager of a
76	76	deer breeder facility or release site to enter into a herd plan for
77	77	the facility or release site if the herd plan is in any way more
78	78	restrictive than:
79	79	(1) the provisions of Subsection (c); or
80	80	(2) the minimum standards of a herd plan developed
81	81	under the Chronic Wasting Disease Herd Certification Program
82	82	established by the United States Department of Agriculture.
83	83	(f) Governmental immunity to suit and liability is waived to
84	84	the extent of liability created by Subsection (d).
85	85	Sec. 12.804. TESTING NEAR AREA UNDER RESTRICTED MOVEMENT
86	86	ORDER. If the department requires testing of deer at a deer breeder
87	87	facility or release site near an area placed under a restricted
88	88	movement order under Section 12.803, the department may require a
89	89	postmortem and live animal testing requirement of a number of
90	90	animals that does not exceed 80 percent of the total number of
91	91	animals that die each year at the facility. Any live tests
92	92	submitted under the testing requirement must be accounted for at a
93	93	ratio of 1:1 to postmortem tests.
94	94	Sec. 12.805. CHRONIC WASTING DISEASE GENETIC IMPROVEMENT
95	95	PILOT PROGRAM. (a) The department shall establish a pilot program
96	96	to breed and release into the wild deer that are resistant to
97	97	chronic wasting disease.
98	98	(b) The pilot program established under this section must
99	99	include:
100	100	(1) the collection and analysis of DNA samples in
101	101	native free range white-tailed deer to determine a baseline of
102	102	genetic codon markers and genomic breeding values;
103	103	(2) the breeding of native white-tailed deer, born and
104	104	raised in this state, to be genetically resistant to chronic
105	105	wasting disease, including the SS allele at codon 96; and
106	106	(3) the monitoring for chronic wasting disease in all
107	107	deer released under Subsection (c) or sold under Subsection (d).
108	108	(c) Except as provided by Subsection (d), the department may
109	109	only release deer into the wild under the program between February 1
110	110	and April 15 of each year.
111	111	(d) The department may sell for a fee not to exceed $500 deer
112	112	bred under the program to a person holding a valid deer breeder's
113	113	permit under Section 43.352.
114	114	(e) This section expires December 31, 2029.
115	115	SECTION 2. As soon as practicable after the effective date
116	116	of this Act, the Parks and Wildlife Commission shall adopt or amend
117	117	rules as necessary to comply with the changes in law made by this
118	118	Act.
119	119	SECTION 3. This Act takes effect September 1, 2025.