89R14878 MP-F
By: Hall S.B. No. 2651
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of chronic wasting disease and the
establishment of a pilot program to breed deer resistant to chronic
wasting disease.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Parks and Wildlife Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. CHRONIC WASTING DISEASE
Sec. 12.801. DEFINITIONS. In this subchapter:
(1) "Deer breeder facility" means a breeder facility
regulated under Subchapter L, Chapter 43, or rules adopted under
that subchapter.
(2) "Release site" means a location as described by
Section 43.361.
Sec. 12.802. IDENTIFICATION OF CHRONIC WASTING DISEASE.
The diagnosis of chronic wasting disease in a deer under this
subchapter must be made or confirmed through testing:
(1) conducted by the National Veterinary Services
Laboratories; and
(2) within the National Veterinary Services
Laboratories' standard time for diagnosis after the National
Veterinary Services Laboratories receives the specimen.
Sec. 12.803. RESTRICTING MOVEMENT OF DEER AT DEER BREEDER
FACILITY OR RELEASE SITE. (a) Subject to Subsection (b), the
department may order a restriction on the movement of deer at a deer
breeder facility or release site if there is a confirmed diagnosis
of chronic wasting disease at the facility or release site.
(b) The department may only restrict the movement of deer in
an area that is not greater than 10 feet from any point on the
original enclosure that housed the deer with a confirmed diagnosis
of chronic wasting disease.
(c) The department shall lift a movement restriction
ordered under this section if:
(1) the owner or manager of the deer breeder facility
or release site provides a letter to the department certifying that
the facility or release site has:
(A) avoided commingling any deer that have a
confirmed diagnosis of chronic wasting disease or any deer that
were located in an enclosure with the diagnosed deer, including:
(i) direct contact with the diagnosed deer;
(ii) being within 10 feet of the diagnosed
deer; or
(iii) sharing equipment, pasture, water
sources, or other contaminated locations at the facility or release
site with the diagnosed deer;
(B) followed United States Department of
Agriculture procedures for decontamination of farmed cervid
facilities, including decontamination of all enclosures, surfaces,
tools, equipment, vehicles, clothing, surgical instruments, or any
other items that have come in contact or commingled with a deer that
has a confirmed diagnosis of chronic wasting disease; and
(C) depopulated the enclosure of all deer; and
(2) there is no confirmed diagnosis of chronic wasting
disease of a free-ranging deer that conclusively establishes that
the free-ranging deer populations near the deer breeder facility or
release site have been infected with chronic wasting disease due to
the wilful and deliberate failure of the owner or manager of the
deer breeder facility or release site to adhere to the criteria of
this subsection.
(d) If the department fails to lift a movement restriction
ordered under this section as required by Subsection (c), the owner
or manager of the deer breeder facility or release site may appeal
to the commission. If the commission fails to lift the movement
restriction, the owner or manager of the deer breeder facility or
release site may bring an action against the department for damages
resulting from the failure to lift the movement restriction and
appropriate equitable relief.
(e) The department may not require the owner or manager of a
deer breeder facility or release site to enter into a herd plan for
the facility or release site if the herd plan is in any way more
restrictive than:
(1) the provisions of Subsection (c); or
(2) the minimum standards of a herd plan developed
under the Chronic Wasting Disease Herd Certification Program
established by the United States Department of Agriculture.
(f) Governmental immunity to suit and liability is waived to
the extent of liability created by Subsection (d).
Sec. 12.804. TESTING NEAR AREA UNDER RESTRICTED MOVEMENT
ORDER. If the department requires testing of deer at a deer breeder
facility or release site near an area placed under a restricted
movement order under Section 12.803, the department may require a
postmortem and live animal testing requirement of a number of
animals that does not exceed 80 percent of the total number of
animals that die each year at the facility. Any live tests
submitted under the testing requirement must be accounted for at a
ratio of 1:1 to postmortem tests.
Sec. 12.805. CHRONIC WASTING DISEASE GENETIC IMPROVEMENT
PILOT PROGRAM. (a) The department shall establish a pilot program
to breed and release into the wild deer that are resistant to
chronic wasting disease.
(b) The pilot program established under this section must
include:
(1) the collection and analysis of DNA samples in
native free range white-tailed deer to determine a baseline of
genetic codon markers and genomic breeding values;
(2) the breeding of native white-tailed deer, born and
raised in this state, to be genetically resistant to chronic
wasting disease, including the SS allele at codon 96; and
(3) the monitoring for chronic wasting disease in all
deer released under Subsection (c) or sold under Subsection (d).
(c) Except as provided by Subsection (d), the department may
only release deer into the wild under the program between February 1
and April 15 of each year.
(d) The department may sell for a fee not to exceed $500 deer
bred under the program to a person holding a valid deer breeder's
permit under Section 43.352.
(e) This section expires December 31, 2029.
SECTION 2. As soon as practicable after the effective date
of this Act, the Parks and Wildlife Commission shall adopt or amend
rules as necessary to comply with the changes in law made by this
Act.
SECTION 3. This Act takes effect September 1, 2025.