| or repetitive violation(s) of this chapter or Chapter 161 of the Texas
Agriculture Code.
(3) Application for Authorized Hunting Preserve.
(A) Applications shall be completed on a form prescribed
by the commission, which includes the following information:
(i) Name, mailing address and telephone number of the
applicant;
(ii) Physical location, county, directions to the facility,
and facility telephone number;
(iii) A current copy of the Hunting Lease License issued
by Texas Parks and Wildlife Department; and
(iv) Signature of the owner or operator stating that
the facility fences meet the requirements of a swine-proof fence as
contained in subsection (a) of this section.
(B) The authorization is valid for two years from the
date of issuance. The authorization shall expire on the two year anniversary
date of the date of issuance unless reauthorized. Reauthorization
of the hunting preserve shall be completed between 30 and 60 days
prior to the expiration date.
(C) The commission may revoke or deny reauthorization
of a permit.
(D) Commission personnel may perform inspections of
the facility, and the facility must continually meet the requirements
of this chapter.
(e) Change in Classification of Feral Swine. Free-roaming
swine may qualify for reclassification as domestic swine upon completion
of the following test protocol:
(1) Three consecutive official tests for swine brucellosis
and pseudorabies shall be conducted on all swine in the herd unit
in order to qualify for reclassification. Negative results are required.
The first test must be at least 30 days after any reactor swine have
been removed and slaughtered and the second test must be 60 to 90
days after the first test. A third test is required 60 to 90 days
following the second negative results; and
(2) In addition to the requirements in paragraph (1)
of this subsection, any sexually intact female swine must also test
negative for swine brucellosis and pseudorabies not less than 30 days
after their initial farrowing.
(f) Testing. Feral swine that test positive for swine
brucellosis and/or pseudorabies shall be handled in accordance with
the requirements for swine brucellosis, as contained in Chapter 35,
Subchapter B of this title (relating to Eradication of Brucellosis
in Swine) and for pseudorabies as contained in Chapter 55 of this
title (relating to Swine).
(g) Inspection Authority.
(1) A commission representative may enter public or
private property for the exercise of an authority or performance of
a duty under this chapter or Chapter 161 of the Texas Agriculture
Code.
(2) A commission representative shall perform periodic
inspections of authorized facilities and locations, and records related
thereto, to ensure compliance with the requirements under this chapter
or Chapter 161 of the Texas Agriculture Code.
(h) In addition to any other violations that may arise
under this chapter, it is a violation for any person to falsify an
application.
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| Source Note: The provisions of this §55.9 adopted to be effective October 1, 2008, 33 TexReg 6796; amended to be effective June 30, 2015, 40 TexReg 4212; amended to be effective October 21, 2021, 46 TexReg 7044 |
