SB2651 - Relating to the regulation of chronic wasting disease and the establishment of a pilot program to breed deer resistant to chronic wasting disease.

  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.