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.