Texas 2025 - 89th Regular

Texas Senate Bill SB2846 Compare Versions

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1		-	By: Perry, Blanco S.B. No. 2846
	1	+	By: Perry S.B. No. 2846
	2	+	(In the Senate - Filed March 14, 2025; April 7, 2025, read
	3	+	first time and referred to Committee on Water, Agriculture and
	4	+	Rural Affairs; April 22, 2025, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; April 22, 2025, sent to printer.)
	6	+	Click here to see the committee vote
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3	8
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the control of disease in wildlife; creating criminal
9	14		offenses; authorizing an administrative penalty.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Chapter 12, Parks and Wildlife Code, is amended
12	17		by adding Subchapter I to read as follows:
13	18		SUBCHAPTER I. WILDLIFE DISEASE CONTROL
14		-	Sec. 12.801. DEFINITIONS. In this subchapter:
15		-	(1) "Chronic wasting disease suspect, trace, or
16		-	positive herd" means a CWD-suspect herd, a CWD-trace herd, or a
17		-	CWD-positive herd as those terms are defined by 4 T.A.C. Section
18		-	40.1, as that section existed on May 1, 2025.
19		-	(2) "Deer breeder facility" means a breeder facility
20		-	regulated under Subchapter L, Chapter 43, or rules adopted under
21		-	that subchapter.
22		-	(3) "Wildlife" means an indigenous animal species that
23		-	normally lives in a state of nature and is not ordinarily
24		-	domesticated. The term does not include exotic livestock as
25		-	defined by Section 161.001(a), Agriculture Code.
	19	+	Sec. 12.801. DEFINITION. In this subchapter:
	20	+	(1) "Wildlife" means an animal species that normally
	21	+	lives in a state of nature and is not ordinarily domesticated.
26	22		Sec. 12.802. DISEASE CONTROL; OFFENSE. (a) The department
27	23		shall protect all wildlife from diseases the commission determines
28	24		require control or eradication. The commission shall adopt and
29	25		periodically update rules listing the diseases that require control
30	26		or eradication by the department.
31	27		(b) The department may act to eradicate or control any
32	28		disease or agent of transmission for any disease that affects
33	29		wildlife regardless of whether the disease is communicable. The
34	30		commission may adopt any rules necessary to carry out the purposes
35	31		of this subsection, including rules concerning testing, movement,
36	32		inspection, and treatment of wildlife.
37	33		(c) A person commits an offense if the person knowingly
38	34		fails to handle, in accordance with rules adopted by the
39	35		commission, wildlife:
40	36		(1) infected with a disease listed by the commission
41	37		by rule under Subsection (a);
42	38		(2) exposed, as defined by commission rule, to a
43	39		disease listed by the commission by rule under Subsection (a) if the
44	40		department has notified the person that the wildlife was exposed to
45	41		the disease; or
46	42		(3) subject to a testing requirement due to a risk of
47	43		exposure, as defined by commission rule, to a specific disease if
48	44		the department has notified the person of the testing requirement.
49	45		(d) A person commits an offense if the person knowingly
50	46		fails to identify or refuses to permit an agent of the department to
51	47		identify, in accordance with rules adopted by the commission,
52	48		wildlife infected with a disease listed by the commission by rule
53	49		under Subsection (a).
54	50		(e) An offense under this section is a Class C Parks and
55	51		Wildlife Code misdemeanor unless it is shown on the trial of the
56	52		offense that the defendant has been previously convicted of an
57	53		offense under this section, in which event the offense is a Class B
58	54		Parks and Wildlife Code misdemeanor.
59	55		(f) In complying with this section, the department may not
60	56		infringe on or supersede the authority of any other agency of this
61	57		state, including the authority of the Texas Animal Health
62	58		Commission relating to livestock, exotic livestock, domestic fowl,
63	59		or exotic fowl. If a conflict of authority occurs, the department
64	60		shall assume responsibility for disease control efforts in wildlife
65	61		and work collaboratively with the other agency to enable each
66	62		agency to effectively carry out the agency's responsibilities.
67		-	Sec. 12.803. ESTABLISHMENT OF QUARANTINE. (a) Except as
68		-	provided by Subsection (e), the department may establish a
69		-	quarantine to protect wildlife against all or the portion of a
70		-	state, territory, or country in which a disease listed in rules
71		-	adopted under Section 12.802 exists.
	63	+	Sec. 12.803. ESTABLISHMENT OF QUARANTINE. (a) The
	64	+	department may establish a quarantine to protect wildlife against
	65	+	all or the portion of a state, territory, or country in which a
	66	+	disease listed in rules adopted under Section 12.802 exists.
72	67		(b) A quarantine established under Subsection (a) may
73	68		extend to any affected area, including a county, district, pasture,
74	69		lot, ranch, farm, field, range, thoroughfare, building, stable, or
75	70		stockyard pen.
76	71		(c) The department may establish a quarantine to prohibit or
77	72		regulate the movement of:
78	73		(1) wildlife the department designates to be a carrier
79	74		of a disease listed in rules adopted under Section 12.802 or a
80	75		potential carrier of one of those diseases, if movement is not
81	76		otherwise regulated or prohibited; and
82	77		(2) wildlife into an affected area, including a
83	78		county, district, pasture, lot, ranch, farm, field, range,
84	79		thoroughfare, building, stable, or stockyard pen.
85	80		(d) The commission by rule may authorize the director to
86	81		establish a quarantine under this section, who shall promptly
87	82		notify the commission when a quarantine is established.
88		-	(e) For a chronic wasting disease suspect, trace, or
89		-	positive herd located in a deer breeder facility or on a registered
90		-	release site, the department may only establish a quarantine for
91		-	the affected premises to prohibit or regulate the movement of
92		-	wildlife out of or into the affected premises.
93		-	Sec. 12.804. STATEWIDE OR WIDESPREAD QUARANTINE. (a)
94		-	Except as provided by Section 12.803(e), the department may
95		-	quarantine wildlife in all or any part of this state as a means of
96		-	immediately restricting the movement of wildlife potentially
97		-	infected with disease and shall clearly describe the territory
98		-	included in a quarantine area.
	83	+	Sec. 12.804. STATEWIDE OR WIDESPREAD QUARANTINE. (a) The
	84	+	department may quarantine wildlife in all or any part of this state
	85	+	as a means of immediately restricting the movement of wildlife
	86	+	potentially infected with disease and shall clearly describe the
	87	+	territory included in a quarantine area.
99	88		(b) The commission by rule may authorize the director to
100	89		establish a quarantine under this section, who shall promptly
101	90		notify the commission when a quarantine is established.
102	91		(c) The commission by rule shall prescribe the manner in
103	92		which notice of a statewide or widespread quarantine under this
104	93		section is to be published.
105	94		Sec. 12.805. PUBLICATION OF NOTICE. (a) Except as provided
106		-	by ~~Subsection (c) and~~ Section 12.804(c), the department shall give
107		-	~~notice of a~~ quarantine against another state, territory, or country
108		-	by publishing notice of the quarantine in a newspaper published in
	95	+	by Section 12.804(c), the department shall give notice of a
	96	+	quarantine against another state, territory, or country by
	97	+	publishing notice of the quarantine in a newspaper published in
109	98		this state. The quarantine takes effect on the date of publication.
110		-	(b) Except as provided by Subsection (c), the department
111		-	shall give notice of a quarantine established within this state by
112		-	publishing notice in a newspaper published in the county in which
113		-	the quarantine is established, by posting notice at the courthouse
114		-	door of that county, or by delivering a written notice to the
115		-	caretaker or owner, if applicable, of the wildlife or places to be
116		-	quarantined. The department may pay the expense of publication or
117		-	posting out of any appropriation made for the office and stationery
118		-	expenses of the department. The commissioners court of a county in
119		-	which a quarantine is established may pay the expenses of
120		-	publication or posting out of any available funds of the county.
121		-	(c) If a suspected positive case of chronic wasting disease
122		-	located in a deer breeder facility or at a registered release site
123		-	is confirmed positive by the National Veterinary Services
124		-	Laboratories, the department shall provide notice of any subsequent
125		-	quarantine of the premises to:
126		-	(1) the owner of the facility or registered release
127		-	site; and
128		-	(2) each owner of property adjacent to the facility or
129		-	registered release site.
	99	+	(b) The department shall give notice of a quarantine
	100	+	established within this state by publishing notice in a newspaper
	101	+	published in the county in which the quarantine is established, by
	102	+	posting notice at the courthouse door of that county, or by
	103	+	delivering a written notice to the caretaker or owner, if
	104	+	applicable, of the wildlife or places to be quarantined. The
	105	+	department may pay the expense of publication or posting out of any
	106	+	appropriation made for the office and stationery expenses of the
	107	+	department. The commissioners court of a county in which a
	108	+	quarantine is established may pay the expenses of publication or
	109	+	posting out of any available funds of the county.
130	110		Sec. 12.806. CONTENTS OF NOTICE. (a) A quarantine notice
131	111		must state the requirements and restrictions under which wildlife
132	112		may be permitted to enter this state or to be moved from a
133	113		quarantined area within this state. If the seriousness of the
134	114		disease is sufficient to warrant prohibiting the movement of
135	115		wildlife, the notice must state that the movement is prohibited.
136	116		The quarantine notice must state the class of persons authorized by
137	117		the department to issue certificates or permits permitting
138	118		movement.
139	119		(b) A quarantine notice must state the cause for which the
140	120		quarantine is established, whether for infection or for exposure.
141	121		(c) A quarantine notice must describe the area or premises
142	122		quarantined in a reasonable manner that enables a person to
143	123		identify the area or premises, but is not required to describe the
144	124		area or premises by metes and bounds.
145	125		(d) If the quarantine regulates or prohibits the movement of
146	126		a carrier or potential carrier of a disease, the department may
147	127		prescribe any exceptions, terms, conditions, or provisions that the
148	128		department considers necessary or desirable to promote the
149	129		objectives of this subchapter or to minimize the economic impact of
150	130		the quarantine without endangering those objectives or the health
151	131		and safety of the public. Any exceptions, terms, conditions, or
152	132		provisions prescribed under this subsection must be stated in the
153	133		quarantine notice.
154	134		Sec. 12.807. EFFECT OF QUARANTINE. A quarantine that is
155	135		established for any location has the effect of quarantining all
156	136		wildlife of the kind mentioned in the quarantine notice that are on
157	137		or enter that location during the existence of the quarantine,
158	138		regardless of who possesses or controls the wildlife.
159	139		Sec. 12.808. MOVEMENT FROM QUARANTINED AREA; MOVEMENT OF
160	140		QUARANTINED WILDLIFE. (a) Except as provided by Subsection (b), a
161	141		person, in violation of a quarantine, may not:
162	142		(1) move wildlife in this state from any quarantined
163	143		place in or outside this state;
164	144		(2) move quarantined wildlife from the place in which
165	145		they are quarantined; or
166	146		(3) move wildlife designated as disease carriers or
167	147		potential disease carriers in this state from a quarantined place
168	148		in or outside this state.
169	149		(b) The department may provide for a written certificate or
170	150		written permit authorizing the movement of wildlife from
171	151		quarantined places or the movement of quarantined wildlife. The
172	152		certificate or permit must be issued by a veterinarian or other
173	153		person authorized by the department to issue a certificate or
174	154		permit. Each certificate or permit must be issued in conformity
175	155		with the requirements stated in the quarantine notice.
176	156		(c) If the department finds wildlife that have been moved in
177	157		violation of a quarantine established under this subchapter or in
178	158		violation of any other law, the department shall quarantine the
179	159		wildlife until the wildlife have been properly treated, vaccinated,
180	160		tested, or disposed of in accordance with commission rules.
181	161		Sec. 12.809. MOVEMENT IN VIOLATION OF QUARANTINE; OFFENSE.
182	162		(a) A person commits an offense if:
183	163		(1) the person moves wildlife in violation of Section
184	164		12.808(a); or
185	165		(2) as caretaker of the wildlife, the person permits
186	166		movement of the wildlife in violation of Section 12.808.
187		-	(b) An offense under this section is a Class B Parks and
188		-	Wildlife Code misdemeanor unless it is shown on the trial of the
189		-	offense that the defendant has been previously convicted of an
190		-	offense under this section, in which event the offense is a Class A
191		-	Parks and Wildlife Code misdemeanor.
192		-	(c) A person commits a separate offense for:
	167	+	(b) Except as provided by Subsection (c), an offense under
	168	+	this section is a Class C Parks and Wildlife Code misdemeanor unless
	169	+	it is shown on the trial of the offense that the defendant has been
	170	+	previously convicted of an offense under this section, in which
	171	+	event the offense is a Class B Parks and Wildlife Code misdemeanor.
	172	+	(c) An offense under this section involving the movement of
	173	+	wildlife in violation of a quarantine established in relation to
	174	+	chronic wasting disease is a Class A Parks and Wildlife Code
	175	+	misdemeanor unless it is shown on the trial of the offense that the
	176	+	defendant has been previously convicted of an offense punishable
	177	+	under this subsection, in which event the offense is a Parks and
	178	+	Wildlife Code felony.
	179	+	(d) A person commits a separate offense for:
193	180		(1) each individual of a wildlife species moved in
194	181		violation of Section 12.808(a); and
195	182		(2) each county into which wildlife, including
196	183		wildlife carrying or potentially carrying disease, are moved within
197	184		six months following the original movement in violation of Section
198	185		12.808.
199	186		Sec. 12.810. ADMINISTRATIVE PENALTY. (a) The commission
200	187		may impose an administrative penalty on a person who violates this
201	188		subchapter or a rule or order adopted under this subchapter.
202	189		(b) The penalty for a violation may be in an amount not to
203	190		exceed $5,000. Each day a violation continues or occurs is a
204	191		separate violation for purposes of imposing a penalty. The amount
205	192		of the penalty may not be calculated on a per head basis.
206	193		(c) The amount of the penalty must be based on:
207	194		(1) the seriousness of the violation, including the
208	195		nature, circumstances, extent, and gravity of any prohibited acts,
209	196		and the hazard or potential hazard created to wildlife, or the
210	197		health, safety, or economic welfare of the public;
211	198		(2) the economic harm to property or the environment
212	199		caused by the violation;
213	200		(3) the history of previous violations;
214	201		(4) the amount necessary to deter future violations;
215	202		(5) efforts to correct the violation; and
216	203		(6) any other matter that justice may require.
217	204		(d) If the director determines that a violation has
218	205		occurred, the director may issue to the commission a report that
219	206		states the facts on which the determination is based and the
220	207		director's recommendation on the imposition of a penalty, including
221	208		a recommendation on the amount of the penalty.
222	209		(e) Not later than the 14th day after the date the report is
223	210		issued, the director shall give written notice of the report to the
224	211		person. The notice may be given by certified mail. The notice must
225	212		include a brief summary of the alleged violation and a statement of
226	213		the amount of the recommended penalty and must inform the person
227	214		that the person has a right to a hearing on the occurrence of the
228	215		violation, the amount of the penalty, or both the occurrence of the
229	216		violation and the amount of the penalty.
230	217		(f) Not later than the 20th day after the date the person
231	218		receives the notice given under Subsection (e), the person in
232	219		writing may accept the determination and recommended penalty of the
233	220		director or may make a written request for a hearing on the
234	221		occurrence of the violation, the amount of the penalty, or both the
235	222		occurrence of the violation and the amount of the penalty.
236	223		(g) If the person accepts the determination and recommended
237	224		penalty of the director, the commission shall approve the
238	225		determination and impose the recommended penalty.
239	226		(h) If the person requests a hearing or fails to respond
240	227		timely to the notice, the commission shall set a hearing and give
241	228		notice of the hearing to the person. The hearing shall be held by an
242	229		administrative law judge of the State Office of Administrative
243	230		Hearings. The administrative law judge shall make findings of fact
244	231		and conclusions of law and promptly issue to the commission a
245	232		proposal for a decision about the occurrence of the violation and
246	233		the amount of a proposed penalty. Based on the findings of fact,
247	234		conclusions of law, and proposal for a decision, the commission may
248	235		find that a violation has occurred and impose a penalty or may find
249	236		that no violation occurred.
250	237		(i) The notice of the commission's decision must be given to
251	238		the person under Chapter 2001, Government Code, and include a
252	239		statement of the right of the person to judicial review of the
253	240		order.
254	241		(j) Not later than the 30th day after the date the
255	242		commission's decision becomes final as provided by Section
256	243		2001.144, Government Code, the person shall:
257	244		(1) pay the amount of the penalty;
258	245		(2) pay the amount of the penalty and file a petition
259	246		for judicial review contesting the occurrence of the violation, the
260	247		amount of the penalty, or both the occurrence of the violation and
261	248		the amount of the penalty; or
262	249		(3) without paying the amount of the penalty, file a
263	250		petition for judicial review contesting the occurrence of the
264	251		violation, the amount of the penalty, or both the occurrence of the
265	252		violation and the amount of the penalty.
266	253		(k) A person who acts under Subsection (j)(3) during the
267	254		period provided by that subsection may:
268	255		(1) stay enforcement of the penalty by:
269	256		(A) paying the amount of the penalty to the court
270	257		for placement in an escrow account; or
271	258		(B) giving to the court a supersedeas bond that
272	259		is approved by the court for the amount of the penalty and that is
273	260		effective until all judicial review of the commission's order is
274	261		final; or
275	262		(2) request the court to stay enforcement of the
276	263		penalty by:
277	264		(A) filing with the court a sworn affidavit of
278	265		the person stating that the person is financially unable to pay the
279	266		amount of the penalty and is financially unable to give the
280	267		supersedeas bond; and
281	268		(B) giving a copy of the affidavit to the
282	269		director by certified mail.
283	270		(l) If the director receives a copy of an affidavit under
284	271		Subsection (k)(2), the director may file with the court, not later
285	272		than the fifth day after the date the copy is received, a contest to
286	273		the affidavit. The court shall hold a hearing on the facts alleged
287	274		in the affidavit as soon as practicable and shall stay the
288	275		enforcement of the penalty on finding that the alleged facts are
289	276		true. The person who files an affidavit has the burden of proving
290	277		that the person is financially unable to pay the amount of the
291	278		penalty and to give a supersedeas bond.
292	279		(m) If the person does not pay the amount of the penalty and
293	280		the enforcement of the penalty is not stayed, the director may refer
294	281		the matter to the attorney general for collection of the amount of
295	282		the penalty.
296	283		(n) Judicial review of a decision of the commission:
297	284		(1) is instituted by filing a petition as provided by
298	285		Subchapter G, Chapter 2001, Government Code; and
299	286		(2) is under the substantial evidence rule.
300	287		(o) If the court sustains the occurrence of the violation,
301	288		the court may uphold or reduce the amount of the penalty and order
302	289		the person to pay the full or reduced amount of the penalty. If the
303	290		court does not sustain the occurrence of the violation, the court
304	291		shall order that no penalty is owed.
305	292		(p) When the judgment of the court becomes final, the court
306	293		shall proceed under this subsection. If the person paid the amount
307	294		of the penalty and if that amount is reduced or is not upheld by the
308	295		court, the court shall order that the appropriate amount plus
309	296		accrued interest be remitted to the person. The rate of the
310	297		interest is the rate charged on loans to depository institutions by
311	298		the New York Federal Reserve Bank, and the interest shall be paid
312	299		for the period beginning on the date the penalty was paid and ending
313	300		on the date the penalty is remitted. If the person gave a
314	301		supersedeas bond and if the amount of the penalty is not upheld by
315	302		the court, the court shall order the release of the bond. If the
316	303		person gave a supersedeas bond and if the amount of the penalty is
317	304		reduced, the court shall order the release of the bond after the
318	305		person pays the amount of the reduced penalty.
319	306		(q) A penalty collected under this section shall be remitted
320	307		to the comptroller for deposit in the general revenue fund.
321	308		(r) All proceedings under this section are subject to
322	309		Chapter 2001, Government Code.
323	310		Sec. 12.811. DISPOSAL OF DISEASED WILDLIFE CARCASS. (a) A
324	311		person who possesses wildlife that die from a disease listed by the
325	312		commission in rules adopted under Section 12.802, or who owns or
326	313		controls the land on which the wildlife die or on which the
327	314		carcasses are found, shall dispose of the carcasses in the manner
328	315		required by the commission under this section.
329	316		(b) The Texas Commission on Environmental Quality may not
330	317		adopt a rule related to the disposal of wildlife under this section
331	318		unless the rule is developed in cooperation with and is approved by
332	319		the commission.
333	320		(c) The commission shall:
334	321		(1) determine the most effective methods of disposing
335	322		of diseased carcasses, including methods other than burning or
336	323		burial; and
337	324		(2) by rule may delegate the commission's authority
338	325		under this section to the department or director.
339	326		Sec. 12.812. EXPOSURE OF INFECTION CONSIDERED CONTINUING.
340	327		If a veterinarian employed by the department determines that a
341	328		communicable disease exists among wildlife or that on certain
342	329		premises wildlife have been exposed to the agency of transmission
343	330		of a communicable disease, the exposure or infection is considered
344	331		to continue until the department determines that the exposure or
345	332		infection has been eradicated through methods prescribed by
346	333		commission rule.
347	334		Sec. 12.813. CLASSIFICATION OF AREAS. (a) The commission
348	335		by rule may prescribe criteria for classifying areas in the state
349	336		for disease control. The criteria must be based on sound
350	337		epidemiological principles. The commission may prescribe
351	338		different control measures and procedures for areas with different
352	339		classifications.
353	340		(b) The commission by rule may designate as a particular
354	341		classification an area consisting of one or more counties.
355	342		Sec. 12.814. IMPORTATION OF WILDLIFE; OFFENSE. (a) The
356	343		commission by rule may regulate the movement, including movement by
357	344		a railroad company or other common carrier, of wildlife into this
358	345		state from another state, territory, or country.
359	346		(b) The commission by rule may provide the method for
360	347		inspecting and testing wildlife before and after entry into this
361	348		state.
362	349		(c) The commission by rule may provide for the issuance and
363	350		form of health certificates and entry permits.
364	351		(d) A person, including a railroad company or other common
365	352		carrier, commits an offense if the person knowingly moves wildlife
366	353		into this state in violation of a rule adopted under this section.
367	354		(e) An offense under this section is a Class C Parks and
368	355		Wildlife Code misdemeanor unless it is shown on the trial of the
369	356		offense that the defendant has been previously convicted of an
370	357		offense under this section, in which event the offense is a Class B
371	358		Parks and Wildlife Code misdemeanor.
372	359		(f) A person commits a separate offense for each individual
373	360		of a wildlife species moved in violation of a rule adopted under
374	361		this section.
375	362		Sec. 12.815. DUTY TO REPORT. (a) A veterinarian, a
376	363		veterinary diagnostic laboratory, or a person having care, custody,
377	364		or control of wildlife shall report to the department the existence
378	365		of diseases listed in rules adopted by the commission detected
379	366		among the wildlife not later than 24 hours after diagnosis of the
380	367		disease. The commission shall adopt and periodically update rules
381	368		listing the diseases that the commission determines require
382	369		reporting under this section.
383	370		(b) In addition to reporting required by Subsection (a), the
384	371		commission may adopt rules that require a veterinarian, a
385	372		veterinary diagnostic laboratory, or a person having care, custody,
386	373		or control of wildlife to report the existence of a disease other
387	374		than bluetongue in the wildlife to the department not later than 24
388	375		hours after diagnosis if the disease:
389	376		(1) is recognized by the United States Department of
390	377		Agriculture as:
391	378		(A) a foreign animal disease; or
392	379		(B) a reportable animal disease;
393	380		(2) is an animal disease reportable to the World
394	381		Organisation for Animal Health; or
395	382		(3) is the subject of a state of emergency, as declared
396	383		by the governor.
397	384		(c) The commission may adopt rules that require a
398	385		veterinarian, a veterinary diagnostic laboratory, or a person
399	386		having care, custody, or control of wildlife to report a disease not
400	387		covered by Subsection (a) or (b) if the commission determines that
401	388		action to be necessary for the protection of wildlife health in this
402	389		state. The commission shall immediately deliver a copy of a rule
403	390		adopted under this subsection to the appropriate legislative
404	391		oversight committees.
405	392		Sec. 12.816. REFUSAL TO PROVIDE ACCESS TO WILDLIFE;
406	393		OFFENSE. (a) A person who possesses or controls wildlife commits
407	394		an offense if the person knowingly refuses to gather the wildlife
408	395		for testing, identification, inspection, or another procedure
409	396		required by commission rule.
410	397		(b) An offense under this section is a Class C Parks and
411	398		Wildlife Code misdemeanor unless it is shown on the trial of the
412	399		offense that the defendant has been previously convicted of an
413	400		offense under this section, in which event the offense is a Class B
414	401		Parks and Wildlife Code misdemeanor.
415	402		(c) A person commits a separate offense on each day of
416	403		refusal under Subsection (a).
417	404		SECTION 2. Sections 161.041(f) and (g), Agriculture Code,
418	405		are repealed.
419	406		SECTION 3. Not later than November 1, 2025, the Texas Animal
420	407		Health Commission and the Parks and Wildlife Department shall enter
421	408		into a memorandum of understanding relating to the transfer of the
422	409		administration of disease control in wildlife, as defined by
423	410		Section 12.801, Parks and Wildlife Code, as added by this Act. The
424	411		memorandum of understanding must include a timetable and specific
425	412		steps and methods for completing the transfer not later than
426	413		September 1, 2026.
427	414		SECTION 4. This Act takes effect September 1, 2025.
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