| (a) The department may issue a special take authorization
for the take of white-tailed or mule deer (hereinafter, "deer") for
purposes of assisting the department in conducting wildlife disease
diagnosis, management, or prevention (hereinafter, "special take authorization"),
as provided in this subsection. A person may request a special take
authorization by completing and submitting an application on a form
supplied or approved by the department for that purpose.
(1) The department will not consider an incomplete
application for a special take authorization.
(2) The department may, at its discretion, conduct
a site inspection as a condition of issuance of a special take authorization.
(3) A special take authorization shall be issued only
to a named individual and not in the name of any corporation, business,
association, or group.
(b) A special take authorization is not valid until:
(1) the applicant has acknowledged, in writing via
email to the department employee identified as the supervisory point
of contact, that the applicant and all agents of the applicant have
read and understand all:
(A) provisions of the special take authorization; and
(B) attendant obligations of the person to whom the
special take authorization is issued and that person's agents; and
(2) it has been approved in writing by the director
of the department's Wildlife Division or designee and the director
of the department's Law Enforcement Division or designee.
(c) A special take authorization shall specify the
number and type of deer to be taken. No deer other than the specified
deer or number of deer authorized for take shall be taken.
(d) The take of deer under a special take authorization
shall be:
(1) performed only by the person to whom the special
take authorization is issued and/or persons identified by name on
the special take authorization as agents of the person to whom the
special take authorization is issued;
(2) by firearm using centerfire ammunition only;
(3) conducted during the time between 30 minutes before
sunrise and 30 minutes after sunset, unless specifically authorized
in writing by the department; or
(4) any other method of take as may be authorized by
the department to remove specific deer.
(e) A special take authorization is valid for 14 days
from the date specified in the special take authorization. The department
may extend the period of validity based on extenuating or unavoidable
circumstances (including inability to locate specific deer); however,
a request for extension must be submitted to the department via email
and approved by the department prior to the take of deer. A copy of
the special take authorization or a reproduction of the special take
authorization on an electronic device (such as a cell phone or tablet)
shall be produced upon request of a department employee in the discharge
of their official duties. A copy of the email from the department
granting an extension of a special take authorization or a reproduction
of that email on an electronic device (such as a cell phone or tablet)
shall be produced upon request of a department employee in the discharge
of their official duties.
(f) For each deer taken under a special take authorization,
the following must be submitted to the Texas A&M Veterinary Medical
Diagnostic Laboratory:
(1) the whole head, accompanied by all visible forms
of identification borne by the deer at the time the deer was taken,
including but not limited to ear tags, tattoos, RFID tags, or any
other forms of identification;
(2) the medial retropharyngeal lymph nodes (MRLN),
which must be collected by an accredited veterinarian, authorized
department employee, or TAHC-certified CWD sample collector; and
(3) any other tissue samples, as directed by the department.
(4) A properly executed TVMDL accession form must accompany
the head or tissue samples submitted under the requirements of this
subsection.
(5) All tissue samples and body parts required to be
submitted under this subsection must be submitted to TVMDL within
two business days of completion of removal of all deer or within two
business days upon conclusion of the last authorized collection date,
whichever is sooner.
(6) It is an offense to remove an ear tag or deface
or remove a tattoo prior to submission of deer head under this subsection.
(g) The department will not issue a special take authorization
for the take of deer on any tract of land unless:
(1) the owner of the land is in compliance with all
applicable provisions of Chapter 65, Subchapter A and Subchapter B,
of this title; or
(2) the department determines that the disease management
value of the prospective activities is a factor of such significance
that approval is warranted.
(h) A deer taken during the period of validity of a
special take authorization shall be reported to the department within
24 hours of removal via email or other department approved notification
method to the department's wildlife division representative coordinating
the authorization.
(i) Following submission to the department of any tissues
or parts necessary as directed in a special take authorization, a
person to whom the special take authorization or an agent thereof
shall dispose of all remaining portions or parts of a deer taken under
a special take authorization, either by:
(1) burial at a depth of at least three feet below
ground level on the property where the take occurred;
(2) delivery to a landfill authorized by the Texas
Commission on Environmental Quality to receive such wastes; or
(3) as directed otherwise by the department in the
special take authorization.
(j) The department will not issue a special take authorization
unless the applicant agrees in writing not to record by means of video,
photograph, or other electronic media the act of taking or attempting
to take deer under a special take authorization, or allow such recordings,
or to make such recordings available to the public.
(k) This section shall not be construed to relieve
any person of the obligation to comply with any applicable municipal,
county, state, or federal law, except as may be specifically authorized
with respect to Parks and Wildlife Code and the regulations of the
commission.
(l) It is an offense for any person to:
(1) take or attempt to take a deer under a special
take authorization without possessing a hunting license valid for
the take of deer in Texas;
(2) sell, barter, offer to sell or barter, or otherwise
give or receive anything of value in exchange for taking or allowing
the take of deer or any parts of the animal, including antlers, under
a special take authorization.
(m) The validity of a special take authorization is
completely conditioned on the conduct of the person to whom the special
take authorization is issued and agents of that person. Failure to
abide by or comply with any provision of a special take authorization,
as determined by the department, automatically invalidates the authorization
and subjects the violator to prosecution for applicable violations
of Parks and Wildlife Code, Chapters 42, 43, 61, 62, or 63 and any
department regulations related to the take of deer.
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