SB2846 - Relating to the control of disease in wildlife; creating criminal offenses; authorizing an administrative penalty.

      By: Perry, Blanco 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.  DEFINITIONS. In this subchapter:                 (1)     "Chronic wasting disease suspect, trace, or   positive herd" means a CWD-suspect herd, a CWD-trace herd, or a   CWD-positive herd as those terms are defined by 4 T.A.C. Section   40.1, as that section existed on May 1, 2025.                 (2)     "Deer breeder facility" means a breeder facility   regulated under Subchapter L, Chapter 43, or rules adopted under   that subchapter.                 (3)     "Wildlife" means an indigenous animal species that   normally lives in a state of nature and is not ordinarily   domesticated.   The term does not include exotic livestock as   defined by Section 161.001(a), Agriculture Code.           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) Except as   provided by Subsection (e), 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.           (e)     For a chronic wasting disease suspect, trace, or   positive herd located in a deer breeder facility or on a registered   release site, the department may only establish a quarantine for   the affected premises to prohibit or regulate the movement of   wildlife out of or into the affected premises.           Sec.   12.804.     STATEWIDE OR WIDESPREAD QUARANTINE. (a)   Except as provided by Section 12.803(e), 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 Subsection (c) and 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)     Except as provided by Subsection (c), 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.           (c)     If a suspected positive case of chronic wasting disease   located in a deer breeder facility or at a registered release site   is confirmed positive by the National Veterinary Services   Laboratories, the department shall provide notice of any subsequent   quarantine of the premises to:                 (1)     the owner of the facility or registered release   site; and                 (2)     each owner of property adjacent to the facility or   registered release site.           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)     An offense under this section is a Class B 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 A   Parks and Wildlife Code misdemeanor.           (c) &# [Text truncated for display. 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