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89(R) SB 2031 - Engrossed version - Bill Text
By: Kolkhorst
S.B. No. 2031
A BILL TO BE ENTITLED
AN ACT
relating to the removal of a fence surrounding a breeder deer
release site.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 43.361, Parks and Wildlife Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c)
The owner of land that is or was registered as a release
site with the department may remove a fence described by Subsection
(a) if:
(1)
at least five years have elapsed from the most
recent date breeder deer were released on the site;
(2)
the owner notifies each adjacent landowner in the
form and manner prescribed by the department of the owner's
intention to remove the fence;
(3)
the site has not more than a trace connection to a
facility on which chronic wasting disease has been detected; and
(4)
the department certifies that no deer released on
the site has been epidemiologically associated with a positive
result of a test for chronic wasting disease.
(d)
The department may not make the certification described
by Subsection (c)(4) unless the department has a confidence level
of at least:
(1)
95 percent that chronic wasting disease is not
present at greater than five percent prevalence over a testing
period of at least three years, if:
(A)
the release site has no connection to a
facility on which chronic wasting disease has been detected;
(B)
all deer released on the site on or after
April 13, 2025, display visible identification allowing for
individual identification at a distance; and
(C)
the site has complied with all applicable
commission rules and department registration and permitting
requirements and has not had any violations relating to a permit
described by Section 12.601; or
(2)
99 percent that chronic wasting disease is not
present at greater than one percent prevalence over a testing
period of at least three years, if the release site:
(A)
has not more than a trace connection to a
facility on which chronic wasting disease has been detected; and
(B)
otherwise does not satisfy the requirements
of Subdivisions (1)(A)-(C).
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.