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(a)All CWD test samples at the time of submission
for testing shall be accompanied by a properly executed, department-prescribed
form provided for that purpose.
(b)For the purposes of this division, an ante-mortem
CWD test is not valid unless it is performed by an accredited laboratory
on retropharyngeal lymph node, rectal mucosa, or tonsillar tissue
with at least 6 lymphoid follicles collected within six months of
submission by a licensed veterinarian authorized pursuant to statutes
and regulations governing the practice of veterinary medicine in Texas
and regulations of the TAHC from a live deer that:
(1)is at least 16 months of age; and
(2)has not been the source of a "not detected" ante-mortem
test result submitted within the previous 24 months.
(c)A post-mortem CWD test is not valid unless it is
performed by an accredited testing laboratory on the obex or medial
retropharyngeal lymph node of an eligible mortality, and may be collected
only by a qualified licensed veterinarian, TAHC-certified CWD sample
collector, or other person approved by the department.
(d)To meet the requirements of §65.94(a)(1)(A)
and (B) of this title (relating to Breeding Facility Minimum Movement
Qualifications), or §65.95 of this title (relating to Movement
of Breeder Deer), ante-mortem test results may be substituted for
post-mortem test results at a ratio of three "not detected" ante-mortem
test results for each required "not detected" post-mortem test result.
(e)Except as provided in this section, an ante-mortem
test result may not be used more than once to satisfy any testing
requirement of this division.
(f)The testing requirements of this division cannot
be altered by the sale or subdivision of a property to a related party
if the purpose of the sale or subdivision is to avoid the requirements
of this division.
(g)The owner of a release site agrees, by consenting
to the release of breeder deer on the release site, to submit all
required CWD test results to the department as soon as possible but
not later than May 1 of each year for as long as CWD testing is required
at the release site under the provisions of this division.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed
with the Office of the Secretary of State on July 25, 2016
TRD-201603644 Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: August 15, 2016
Proposal publication date: April 22, 2016
For further information, please call: (512) 389-4775
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