(a)To the extent that any provision of this division
conflicts with any provision of this chapter other than Division 1
of this subchapter, this division prevails.
(b)Except as provided in this division, no live breeder
deer or deer trapped under a Triple T permit, TTP permit or DMP may
be transferred anywhere for any purpose.
(c)Except as provided in this division, no person
shall transfer [introduce into or remove] deer
to or from [or allow or authorize deer to be introduced
into or removed from] any facility for which a CWD test result
of "suspect" has been obtained from an accredited testing laboratory,
irrespective of how the sample was obtained or who collected the sample.
The provisions of this subsection take effect immediately upon the
notification of a CWD "suspect" test result, and continue in effect
until the department expressly authorizes the resumption of permitted
activities at that facility.
(d)Notwithstanding any provision of this division,
no person may cause or allow breeder deer to be moved from a facility
for any purpose if such movement is prohibited by a herd plan [
TAHC Herd Plan] associated with a TAHC hold order or TAHC quarantine.
[(e)A facility (including a facility
permitted after the effective date of this division) that receives
breeder deer from an originating facility of lower status automatically
assumes the status associated with the originating facility and becomes
subject to the testing and release requirements of this division at
that status for:]
[(1)a minimum of two years, if the facility is a breeding
facility; or]
[(2)for the period specified in §65.95(c) of
this title (relating to Movement of Breeder Deer), if the facility
is a release site.]
[(f)A deer breeding facility that
was initially permitted after March 31, 2016 will assume the lowest
status among all originating facilities from which deer are received.]
(e)[(g)] Except as provided
in §65.99(h) of this title (relating to Breeding Facilities Epidemiologically
Connected to Deer Infected with CWD), no [The designation
of status by the department in and of itself does not authorize the
transfer or movement of deer. No] person may transfer [
remove or cause the removal of] deer to or from a
facility that has been designated NMQ by the department unless
specifically authorized by the department for the holder of a scientific
research permit when the proposed research is determined to be of
use in advancing the etiology of CWD in susceptible species [pursuant
to this division].
(f)Immediately upon the notification
that a facility has received a CWD "suspect" test result (a CWD suspect
facility), all facilities that have been in possession of a deer that
was held in the CWD suspect facility within the previous five years
shall be designated NMQ by the department until it is determined that
the facility is not epidemiologically linked to the CWD suspect deer,
or it is determined upon further testing that the "suspect" deer is
not a confirmed positive.
(g)[(h)] Unless expressly provided
otherwise in this division, all applications, reports, and[
,] notifications[, and requests for change in status]
required by this division shall be submitted electronically via TWIMS
or by another method expressly authorized by the department.
(h)[(i)] In the event that technical
or other circumstances prevent the development or implementation of
automated methods for collecting and submitting the data required
by this division via TWIMS, the department may prescribe alternative
methods for collecting and submitting the data required by this division.
(i)[(j)] Except as provided
in this division, no person shall introduce into, remove deer from
or allow or authorize deer to be introduced into or removed from any
facility unless a georeferenced map (a map image incorporating a system
of geographic ground coordinates, such as latitude/longitude or Universal
Transverse Mercator (UTM) coordinates) showing the exact boundaries
of the facility has been submitted to the department prior to any
such introduction or removal.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on September 20, 2021
TRD-202103711 James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: October 31, 2021
For further
information, please call: (512) 389-4775
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