89R15809 MP-F
By: Perry S.B. No. 2846
A BILL TO BE ENTITLED
AN ACT
relating to the control of disease in wildlife; creating criminal
offenses; authorizing an administrative penalty.
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. WILDLIFE DISEASE CONTROL
Sec. 12.801. DEFINITION. In this subchapter:
(1) "Wildlife" means an animal species that normally
lives in a state of nature and is not ordinarily domesticated.
Sec. 12.802. DISEASE CONTROL; OFFENSE. (a) The department
shall protect all wildlife from diseases the commission determines
require control or eradication. The commission shall adopt and
periodically update rules listing the diseases that require control
or eradication by the department.
(b) The department may act to eradicate or control any
disease or agent of transmission for any disease that affects
wildlife regardless of whether the disease is communicable. The
commission may adopt any rules necessary to carry out the purposes
of this subsection, including rules concerning testing, movement,
inspection, and treatment of wildlife.
(c) A person commits an offense if the person knowingly
fails to handle, in accordance with rules adopted by the
commission, wildlife:
(1) infected with a disease listed by the commission
by rule under Subsection (a);
(2) exposed, as defined by commission rule, to a
disease listed by the commission by rule under Subsection (a) if the
department has notified the person that the wildlife was exposed to
the disease; or
(3) subject to a testing requirement due to a risk of
exposure, as defined by commission rule, to a specific disease if
the department has notified the person of the testing requirement.
(d) A person commits an offense if the person knowingly
fails to identify or refuses to permit an agent of the department to
identify, in accordance with rules adopted by the commission,
wildlife infected with a disease listed by the commission by rule
under Subsection (a).
(e) An offense under this section is a Class C Parks and
Wildlife Code misdemeanor unless it is shown on the trial of the
offense that the defendant has been previously convicted of an
offense under this section, in which event the offense is a Class B
Parks and Wildlife Code misdemeanor.
(f) In complying with this section, the department may not
infringe on or supersede the authority of any other agency of this
state, including the authority of the Texas Animal Health
Commission relating to livestock, exotic livestock, domestic fowl,
or exotic fowl. If a conflict of authority occurs, the department
shall assume responsibility for disease control efforts in wildlife
and work collaboratively with the other agency to enable each
agency to effectively carry out the agency's responsibilities.
Sec. 12.803. ESTABLISHMENT OF QUARANTINE. (a) The
department may establish a quarantine to protect wildlife against
all or the portion of a state, territory, or country in which a
disease listed in rules adopted under Section 12.802 exists.
(b) A quarantine established under Subsection (a) may
extend to any affected area, including a county, district, pasture,
lot, ranch, farm, field, range, thoroughfare, building, stable, or
stockyard pen.
(c) The department may establish a quarantine to prohibit or
regulate the movement of:
(1) wildlife the department designates to be a carrier
of a disease listed in rules adopted under Section 12.802 or a
potential carrier of one of those diseases, if movement is not
otherwise regulated or prohibited; and
(2) wildlife into an affected area, including a
county, district, pasture, lot, ranch, farm, field, range,
thoroughfare, building, stable, or stockyard pen.
(d) The commission by rule may authorize the director to
establish a quarantine under this section, who shall promptly
notify the commission when a quarantine is established.
Sec. 12.804. STATEWIDE OR WIDESPREAD QUARANTINE. (a) The
department may quarantine wildlife in all or any part of this state
as a means of immediately restricting the movement of wildlife
potentially infected with disease and shall clearly describe the
territory included in a quarantine area.
(b) The commission by rule may authorize the director to
establish a quarantine under this section, who shall promptly
notify the commission when a quarantine is established.
(c) The commission by rule shall prescribe the manner in
which notice of a statewide or widespread quarantine under this
section is to be published.
Sec. 12.805. PUBLICATION OF NOTICE. (a) Except as provided
by Section 12.804(c), the department shall give notice of a
quarantine against another state, territory, or country by
publishing notice of the quarantine in a newspaper published in
this state. The quarantine takes effect on the date of publication.
(b) The department shall give notice of a quarantine
established within this state by publishing notice in a newspaper
published in the county in which the quarantine is established, by
posting notice at the courthouse door of that county, or by
delivering a written notice to the caretaker or owner, if
applicable, of the wildlife or places to be quarantined. The
department may pay the expense of publication or posting out of any
appropriation made for the office and stationery expenses of the
department. The commissioners court of a county in which a
quarantine is established may pay the expenses of publication or
posting out of any available funds of the county.
Sec. 12.806. CONTENTS OF NOTICE. (a) A quarantine notice
must state the requirements and restrictions under which wildlife
may be permitted to enter this state or to be moved from a
quarantined area within this state. If the seriousness of the
disease is sufficient to warrant prohibiting the movement of
wildlife, the notice must state that the movement is prohibited.
The quarantine notice must state the class of persons authorized by
the department to issue certificates or permits permitting
movement.
(b) A quarantine notice must state the cause for which the
quarantine is established, whether for infection or for exposure.
(c) A quarantine notice must describe the area or premises
quarantined in a reasonable manner that enables a person to
identify the area or premises, but is not required to describe the
area or premises by metes and bounds.
(d) If the quarantine regulates or prohibits the movement of
a carrier or potential carrier of a disease, the department may
prescribe any exceptions, terms, conditions, or provisions that the
department considers necessary or desirable to promote the
objectives of this subchapter or to minimize the economic impact of
the quarantine without endangering those objectives or the health
and safety of the public. Any exceptions, terms, conditions, or
provisions prescribed under this subsection must be stated in the
quarantine notice.
Sec. 12.807. EFFECT OF QUARANTINE. A quarantine that is
established for any location has the effect of quarantining all
wildlife of the kind mentioned in the quarantine notice that are on
or enter that location during the existence of the quarantine,
regardless of who possesses or controls the wildlife.
Sec. 12.808. MOVEMENT FROM QUARANTINED AREA; MOVEMENT OF
QUARANTINED WILDLIFE. (a) Except as provided by Subsection (b), a
person, in violation of a quarantine, may not:
(1) move wildlife in this state from any quarantined
place in or outside this state;
(2) move quarantined wildlife from the place in which
they are quarantined; or
(3) move wildlife designated as disease carriers or
potential disease carriers in this state from a quarantined place
in or outside this state.
(b) The department may provide for a written certificate or
written permit authorizing the movement of wildlife from
quarantined places or the movement of quarantined wildlife. The
certificate or permit must be issued by a veterinarian or other
person authorized by the department to issue a certificate or
permit. Each certificate or permit must be issued in conformity
with the requirements stated in the quarantine notice.
(c) If the department finds wildlife that have been moved in
violation of a quarantine established under this subchapter or in
violation of any other law, the department shall quarantine the
wildlife until the wildlife have been properly treated, vaccinated,
tested, or disposed of in accordance with commission rules.
Sec. 12.809. MOVEMENT IN VIOLATION OF QUARANTINE; OFFENSE.
(a) A person commits an offense if:
(1) the person moves wildlife in violation of Section
12.808(a); or
(2) as caretaker of the wildlife, the person permits
movement of the wildlife in violation of Section 12.808.
(b) Except as provided by Subsection (c), an offense under
this section is a Class C Parks and Wildlife Code misdemeanor unless
it is shown on the trial of the offense that the defendant has been
previously convicted of an offense under this section, in which
event the offense is a Class B Parks and Wildlife Code misdemeanor.
(c) An offense under this section involving the movement of
wildlife in violation of a quarantine established in relation to
chronic wasting disease is a Class A Parks and Wildlife Code
misdemeanor unless it is shown on the trial of the offense that the
defendant has been previously convicted of an offense punishable
under this subsection, in which event the offense is a Parks and
Wildlife Code felony.
(d) A person commits a separate offense for:
(1) each individual of a wildlife species moved in
violation of Section 12.808(a); and
(2) each county into which wildlife, including
wildlife carrying or potentially carrying disease, are moved within
six months following the original movement in violation of Section
12.808.
Sec. 12.810. ADMINISTRATIVE PENALTY. (a) The commission
may impose an administrative penalty on a person who violates this
subchapter or a rule or order adopted under this subchapter.
(b) The penalty for a violation may be in an amount not to
exceed $5,000. Each day a violation continues or occurs is a
separate violation for purposes of imposing a penalty. The amount
of the penalty may not be calculated on a per head basis.
(c) The amount of the penalty must be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of any prohibited acts,
and the hazard or potential hazard created to wildlife, or the
health, safety, or economic welfare of the public;
(2) the economic harm to property or the environment
caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter future violations;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(d) If the director determines that a violation has
occurred, the director may issue to the commission a report that
states the facts on which the determination is based and the
director's recommendation on the imposition of a penalty, including
a recommendation on the amount of the penalty.
(e) Not later than the 14th day after the date the report is
issued, the director shall give written notice of the report to the
person. The notice may be given by certified mail. The notice must
include a brief summary of the alleged violation and a statement of
the amount of the recommended penalty and must inform the person
that the person has a right to a hearing on the occurrence of the
violation, the amount of the penalty, or both the occurrence of the
violation and the amount of the penalty.
(f) Not later than the 20th day after the date the person
receives the notice given under Subsection (e), the person in
writing may accept the determination and recommended penalty of the
director or may make a written request for a hearing on the
occurrence of the violation, the amount of the penalty, or both the
occurrence of the violation and the amount of the penalty.
(g) If the person accepts the determination and recommended
penalty of the director, the commission shall approve the
determination and impose the recommended penalty.
(h) If the person requests a hearing or fails to respond
timely to the notice, the commission shall set a hearing and give
notice of the hearing to the person. The hearing shall be held by an
administrative law judge of the State Office of Administrative
Hearings. The administrative law judge shall make findings of fact
and conclusions of law and promptly issue to the commission a
proposal for a decision about the occurrence of the violation and
the amount of a proposed penalty. Based on the findings of fact,
conclusions of law, and proposal for a decision, the commission may
find that a violation has occurred and impose a penalty or may find
that no violation occurred.
(i) The notice of the commission's decision must be given to
the person under Chapter 2001, Government Code, and include a
statement of the right of the person to judicial review of the
order.
(j) Not later than the 30th day after the date the
commission's decision becomes final as provided by Section
2001.144, Government Code, the person shall:
(1) pay the amount of the penalty;
(2) pay the amount of the penalty and file a petition
for judicial review contesting the occurrence of the violation, the
amount of the penalty, or both the occurrence of the violation and
the amount of the penalty; or
(3) without paying the amount of the penalty, file a
petition for judicial review contesting the occurrence of the
violation, the amount of the penalty, or both the occurrence of the
violation and the amount of the penalty.
(k) A person who acts under Subsection (j)(3) during the
period provided by that subsection may:
(1) stay enforcement of the penalty by:
(A) paying the amount of the penalty to the court
for placement in an escrow account; or
(B) giving to the court a supersedeas bond that
is approved by the court for the amount of the penalty and that is
effective until all judicial review of the commission's order is
final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
amount of the penalty and is financially unable to give the
supersedeas bond; and
(B) giving a copy of the affidavit to the
director by certified mail.
(l) If the director receives a copy of an affidavit under
Subsection (k)(2), the director may file with the court, not later
than the fifth day after the date the copy is received, a contest to
the affidavit. The court shall hold a hearing on the facts alleged
in the affidavit as soon as practicable and shall stay the
enforcement of the penalty on finding that the alleged facts are
true. The person who files an affidavit has the burden of proving
that the person is financially unable to pay the amount of the
penalty and to give a supersedeas bond.
(m) If the person does not pay the amount of the penalty and
the enforcement of the penalty is not stayed, the director may refer
the matter to the attorney general for collection of the amount of
the penalty.
(n) Judicial review of a decision of the commission:
(1) is instituted by filing a petition as provided by
Subchapter G, Chapter 2001, Government Code; and
(2) is under the substantial evidence rule.
(o) If the court sustains the occurrence of the violation,
the court may uphold or reduce the amount of the penalty and order
the person to pay the full or reduced amount of the penalty. If the
court does not sustain the occurrence of the violation, the court
shall order that no penalty is owed.
(p) When the judgment of the court becomes final, the court
shall proceed under this subsection. If the person paid the amount
of the penalty and if that amount is reduced or is not upheld by the
court, the court shall order that the appropriate amount plus
accrued interest be remitted to the person. The rate of the
interest is the rate charged on loans to depository institutions by
the New York Federal Reserve Bank, and the interest shall be paid
for the period beginning on the date the penalty was paid and ending
on the date the penalty is remitted. If the person gave a
supersedeas bond and if the amount of the penalty is not upheld by
the court, the court shall order the release of the bond. If the
person gave a supersedeas bond and if the amount of the penalty is
reduced, the court shall order the release of the bond after the
person pays the amount of the reduced penalty.
(q) A penalty collected under this section shall be remitted
to the comptroller for deposit in the general revenue fund.
(r) All proceedings under this section are subject to
Chapter 2001, Government Code.
Sec. 12.811. DISPOSAL OF DISEASED WILDLIFE CARCASS. (a) A
person who possesses wildlife that die from a disease listed by the
commission in rules adopted under Section 12.802, or who owns or
controls the land on which the wildlife die or on which the
carcasses are found, shall dispose of the carcasses in the manner
required by the commission under this section.
(b) The Texas Commission on Environmental Quality may not
adopt a rule related to the disposal of wildlife under this section
unless the rule is developed in cooperation with and is approved by
the commission.
(c) The commission shall:
(1) determine the most effective methods of disposing
of diseased carcasses, including methods other than burning or
burial; and
(2) by rule may delegate the commission's authority
under this section to the department or director.
Sec. 12.812. EXPOSURE OF INFECTION CONSIDERED CONTINUING.
If a veterinarian employed by the department determines that a
communicable disease exists among wildlife or that on certain
premises wildlife have been exposed to the agency of transmission
of a communicable disease, the exposure or infection is considered
to continue until the department determines that the exposure or
infection has been eradicated through methods prescribed by
commission rule.
Sec. 12.813. CLASSIFICATION OF AREAS. (a) The commission
by rule may prescribe criteria for classifying areas in the state
for disease control. The criteria must be based on sound
epidemiological principles. The commission may prescribe
different control measures and procedures for areas with different
classifications.
(b) The commission by rule may designate as a particular
classification an area consisting of one or more counties.
Sec. 12.814. IMPORTATION OF WILDLIFE; OFFENSE. (a) The
commission by rule may regulate the movement, including movement by
a railroad company or other common carrier, of wildlife into this
state from another state, territory, or country.
(b) The commission by rule may provide the method for
inspecting and testing wildlife before and after entry into this
state.
(c) The commission by rule may provide for the issuance and
form of health certificates and entry permits.
(d) A person, including a railroad company or other common
carrier, commits an offense if the person knowingly moves wildlife
into this state in violation of a rule adopted under this section.
(e) An offense under this section is a Class C Parks and
Wildlife Code misdemeanor unless it is shown on the trial of the
offense that the defendant has been previously convicted of an
offense under this section, in which event the offense is a Class B
Parks and Wildlife Code misdemeanor.
(f) A person commits a separate offense for each individual
of a wildlife species moved in violation of a rule adopted under
this section.
Sec. 12.815. DUTY TO REPORT. (a) A veterinarian, a
veterinary diagnostic laboratory, or a person having care, custody,
or control of wildlife shall report to the department the existence
of diseases listed in rules adopted by the commission detected
among the wildlife not later than 24 hours after diagnosis of the
disease. The commission shall adopt and periodically update rules
listing the diseases that the commission determines require
reporting under this section.
(b) In addition to reporting required by Subsection (a), the
commission may adopt rules that require a veterinarian, a
veterinary diagnostic laboratory, or a person having care, custody,
or control of wildlife to report the existence of a disease other
than bluetongue in the wildlife to the department not later than 24
hours after diagnosis if the disease:
(1) is recognized by the United States Department of
Agriculture as:
(A) a foreign animal disease; or
(B) a reportable animal disease;
(2) is an animal disease reportable to the World
Organisation for Animal Health; or
(3) is the subject of a state of emergency, as declared
by the governor.
(c) The commission may adopt rules that require a
veterinarian, a veterinary diagnostic laboratory, or a person
having care, custody, or control of wildlife to report a disease not
covered by Subsection (a) or (b) if the commission determines that
action to be necessary for the protection of wildlife health in this
state. The commission shall immediately deliver a copy of a rule
adopted under this subsection to the appropriate legislative
oversight committees.
Sec. 12.816. REFUSAL TO PROVIDE ACCESS TO WILDLIFE;
OFFENSE. (a) A person who possesses or controls wildlife commits
an offense if the person knowingly refuses to gather the wildlife
for testing, identification, inspection, or another procedure
required by commission rule.
(b) An offense under this section is a Class C Parks and
Wildlife Code misdemeanor unless it is shown on the trial of the
offense that the defendant has been previously convicted of an
offense under this section, in which event the offense is a Class B
Parks and Wildlife Code misdemeanor.
(c) A person commits a separate offense on each day of
refusal under Subsection (a).
SECTION 2. Sections 161.041(f) and (g), Agriculture Code,
are repealed.
SECTION 3. Not later than November 1, 2025, the Texas Animal
Health Commission and the Parks and Wildlife Department shall enter
into a memorandum of understanding relating to the transfer of the
administration of disease control in wildlife, as defined by
Section 12.801, Parks and Wildlife Code, as added by this Act. The
memorandum of understanding must include a timetable and specific
steps and methods for completing the transfer not later than
September 1, 2026.
SECTION 4. This Act takes effect September 1, 2025.