Relating to the control of disease in wildlife; creating criminal offenses; authorizing an administrative penalty.

89(R) SB 2846 - Engrossed version - Bill Text

By: Perry, Blanco

S.B. No. 2846

A BILL TO BE ENTITLED

AN ACT

relating to the control of disease in wildlife; creating criminal

offenses; authorizing an administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 12, Parks and Wildlife Code, is amended

by adding Subchapter I to read as follows:

SUBCHAPTER I.

WILDLIFE DISEASE CONTROL

Sec. 12.801. DEFINITIONS. In this subchapter:

(1)

"Chronic wasting disease suspect, trace, or

positive herd" means a CWD-suspect herd, a CWD-trace herd, or a

CWD-positive herd as those terms are defined by 4 T.A.C. Section

40.1, as that section existed on May 1, 2025.

(2)

"Deer breeder facility" means a breeder facility

regulated under Subchapter L, Chapter 43, or rules adopted under

that subchapter.

(3)

"Wildlife" means an indigenous animal species that

normally lives in a state of nature and is not ordinarily

domesticated.

The term does not include exotic livestock as

defined by Section 161.001(a), Agriculture Code.

Sec.

12.802.

DISEASE CONTROL; OFFENSE. (a) The department

shall protect all wildlife from diseases the commission determines

require control or eradication.

The commission shall adopt and

periodically update rules listing the diseases that require control

or eradication by the department.

(b)

The department may act to eradicate or control any

disease or agent of transmission for any disease that affects

wildlife regardless of whether the disease is communicable.

The

commission may adopt any rules necessary to carry out the purposes

of this subsection, including rules concerning testing, movement,

inspection, and treatment of wildlife.

(c)

A person commits an offense if the person knowingly

fails to handle, in accordance with rules adopted by the

commission, wildlife:

(1)

infected with a disease listed by the commission

by rule under Subsection (a);

(2)

exposed, as defined by commission rule, to a

disease listed by the commission by rule under Subsection (a) if the

department has notified the person that the wildlife was exposed to

the disease; or

(3)

subject to a testing requirement due to a risk of

exposure, as defined by commission rule, to a specific disease if

the department has notified the person of the testing requirement.

(d)

A person commits an offense if the person knowingly

fails to identify or refuses to permit an agent of the department to

identify, in accordance with rules adopted by the commission,

wildlife infected with a disease listed by the commission by rule

under Subsection (a).

(e)

An offense under this section is a Class C Parks and

Wildlife Code misdemeanor unless it is shown on the trial of the

offense that the defendant has been previously convicted of an

offense under this section, in which event the offense is a Class B

Parks and Wildlife Code misdemeanor.

(f)

In complying with this section, the department may not

infringe on or supersede the authority of any other agency of this

state, including the authority of the Texas Animal Health

Commission relating to livestock, exotic livestock, domestic fowl,

or exotic fowl.

If a conflict of authority occurs, the department

shall assume responsibility for disease control efforts in wildlife

and work collaboratively with the other agency to enable each

agency to effectively carry out the agency's responsibilities.

Sec.

12.803.

ESTABLISHMENT OF QUARANTINE. (a) Except as

provided by Subsection (e), the department may establish a

quarantine to protect wildlife against all or the portion of a

state, territory, or country in which a disease listed in rules

adopted under Section 12.802 exists.

(b)

A quarantine established under Subsection (a) may

extend to any affected area, including a county, district, pasture,

lot, ranch, farm, field, range, thoroughfare, building, stable, or

stockyard pen.

(c)

The department may establish a quarantine to prohibit or

regulate the movement of:

(1)

wildlife the department designates to be a carrier

of a disease listed in rules adopted under Section 12.802 or a

potential carrier of one of those diseases, if movement is not

otherwise regulated or prohibited; and

(2)

wildlife into an affected area, including a

county, district, pasture, lot, ranch, farm, field, range,

thoroughfare, building, stable, or stockyard pen.

(d)

The commission by rule may authorize the director to

establish a quarantine under this section, who shall promptly

notify the commission when a quarantine is established.

(e)

For a chronic wasting disease suspect, trace, or

positive herd located in a deer breeder facility or on a registered

release site, the department may only establish a quarantine for

the affected premises to prohibit or regulate the movement of

wildlife out of or into the affected premises.

Sec.

12.804.

STATEWIDE OR WIDESPREAD QUARANTINE. (a)

Except as provided by Section 12.803(e), the

department may

quarantine wildlife in all or any part of this state as a means of

immediately restricting the movement of wildlife potentially

infected with disease and shall clearly describe the territory

included in a quarantine area.

(b)

The commission by rule may authorize the director to

establish a quarantine under this section, who shall promptly

notify the commission when a quarantine is established.

(c)

The commission by rule shall prescribe the manner in

which notice of a statewide or widespread quarantine under this

section is to be published.

Sec.

12.805.

PUBLICATION OF NOTICE. (a) Except as provided

by Subsection (c) and Section 12.804(c), the department shall give

notice of a quarantine against another state, territory, or country

by publishing notice of the quarantine in a newspaper published in

this state.

The quarantine takes effect on the date of publication.

(b)

Except as provided by Subsection (c), the department

shall give notice of a quarantine established within this state by

publishing notice in a newspaper published in the county in which

the quarantine is established, by posting notice at the courthouse

door of that county, or by delivering a written notice to the

caretaker or owner, if applicable, of the wildlife or places to be

quarantined.

The department may pay the expense of publication or

posting out of any appropriation made for the office and stationery

expenses of the department.

The commissioners court of a county in

which a quarantine is established may pay the expenses of

publication or posting out of any available funds of the county.

(c)

If a suspected positive case of chronic wasting disease

located in a deer breeder facility or at a registered release site

is confirmed positive by the National Veterinary Services

Laboratories, the department shall provide notice of any subsequent

quarantine of the premises to:

(1)

the owner of the facility or registered release

site; and

(2)

each owner of property adjacent to the facility or

registered release site.

Sec.

12.806.

CONTENTS OF NOTICE. (a) A quarantine notice

must state the requirements and restrictions under which wildlife

may be permitted to enter this state or to be moved from a

quarantined area within this state.

If the seriousness of the

disease is sufficient to warrant prohibiting the movement of

wildlife, the notice must state that the movement is prohibited.

The quarantine notice must state the class of persons authorized by

the department to issue certificates or permits permitting

movement.

(b)

A quarantine notice must state the cause for which the

quarantine is established, whether for infection or for exposure.

(c)

A quarantine notice must describe the area or premises

quarantined in a reasonable manner that enables a person to

identify the area or premises, but is not required to describe the

area or premises by metes and bounds.

(d)

If the quarantine regulates or prohibits the movement of

a carrier or potential carrier of a disease, the department may

prescribe any exceptions, terms, conditions, or provisions that the

department considers necessary or desirable to promote the

objectives of this subchapter or to minimize the economic impact of

the quarantine without endangering those objectives or the health

and safety of the public.

Any exceptions, terms, conditions, or

provisions prescribed under this subsection must be stated in the

quarantine notice.

Sec.

12.807.

EFFECT OF QUARANTINE. A quarantine that is

established for any location has the effect of quarantining all

wildlife of the kind mentioned in the quarantine notice that are on

or enter that location during the existence of the quarantine,

regardless of who possesses or controls the wildlife.

Sec.

12.808.

MOVEMENT FROM QUARANTINED AREA; MOVEMENT OF

QUARANTINED WILDLIFE. (a) Except as provided by Subsection (b), a

person, in violation of a quarantine, may not:

(1)

move wildlife in this state from any quarantined

place in or outside this state;

(2)

move quarantined wildlife from the place in which

they are quarantined; or

(3)

move wildlife designated as disease carriers or

potential disease carriers in this state from a quarantined place

in or outside this state.

(b)

The department may provide for a written certificate or

written permit authorizing the movement of wildlife from

quarantined places or the movement of quarantined wildlife.

The

certificate or permit must be issued by a veterinarian or other

person authorized by the department to issue a certificate or

permit.

Each certificate or permit must be issued in conformity

with the requirements stated in the quarantine notice.

(c)

If the department finds wildlife that have been moved in

violation of a quarantine established under this subchapter or in

violation of any other law, the department shall quarantine the

wildlife until the wildlife have been properly treated, vaccinated,

tested, or disposed of in accordance with commission rules.

Sec.

12.809.

MOVEMENT IN VIOLATION OF QUARANTINE; OFFENSE.

(a) A person commits an offense if:

(1)

the person moves wildlife in violation of Section

12.808(a); or

(2)

as caretaker of the wildlife, the person permits

movement of the wildlife in violation of Section 12.808.

(b)

An offense under this section is a Class B Parks and

Wildlife Code misdemeanor unless it is shown on the trial of the

offense that the defendant has been previously convicted of an

offense under this section, in which event the offense is a Class A

Parks and Wildlife Code misdemeanor.

(c) A person commits a separate offense for:

(1)

each individual of a wildlife species moved in

violation of Section 12.808(a); and

(2)

each county into which wildlife, including

wildlife carrying or potentially carrying disease, are moved within

six months following the original movement in violation of Section

12.808.

Sec.

12.810.

ADMINISTRATIVE PENALTY. (a) The commission

may impose an administrative penalty on a person who violates this

subchapter or a rule or order adopted under this subchapter.

(b)

The penalty for a violation may be in an amount not to

exceed $5,000. Each day a violation continues or occurs is a

separate violation for purposes of imposing a penalty. The amount

of the penalty may not be calculated on a per head basis.

(c) The amount of the penalty must be based on:

(1)

the seriousness of the violation, including the

nature, circumstances, extent, and gravity of any prohibited acts,

and the hazard or potential hazard created to wildlife, or the

health, safety, or economic welfare of the public;

(2)

the economic harm to property or the environment

caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter future violations;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

(d)

If the director determines that a violation has

occurred, the director may issue to the commission a report that

states the facts on which the determination is based and the

director's recommendation on the imposition of a penalty, including

a recommendation on the amount of the penalty.

(e)

Not later than the 14th day after the date the report is

issued, the director shall give written notice of the report to the

person. The notice may be given by certified mail. The notice must

include a brief summary of the alleged violation and a statement of

the amount of the recommended penalty and must inform the person

that the person has a right to a hearing on the occurrence of the

violation, the amount of the penalty, or both the occurrence of the

violation and the amount of the penalty.

(f)

Not later than the 20th day after the date the person

receives the notice given under Subsection (e), the person in

writing may accept the determination and recommended penalty of the

director or may make a written request for a hearing on the

occurrence of the violation, the amount of the penalty, or both the

occurrence of the violation and the amount of the penalty.

(g)

If the person accepts the determination and recommended

penalty of the director, the commission shall approve the

determination and impose the recommended penalty.

(h)

If the person requests a hearing or fails to respond

timely to the notice, the commission shall set a hearing and give

notice of the hearing to the person. The hearing shall be held by an

administrative law judge of the State Office of Administrative

Hearings. The administrative law judge shall make findings of fact

and conclusions of law and promptly issue to the commission a

proposal for a decision about the occurrence of the violation and

the amount of a proposed penalty. Based on the findings of fact,

conclusions of law, and proposal for a decision, the commission may

find that a violation has occurred and impose a penalty or may find

that no violation occurred.

(i)

The notice of the commission's decision must be given to

the person under Chapter 2001, Government Code, and include a

statement of the right of the person to judicial review of the

order.

(j)

Not later than the 30th day after the date the

commission's decision becomes final as provided by Section

2001.144, Government Code, the person shall:

(1) pay the amount of the penalty;

(2)

pay the amount of the penalty and file a petition

for judicial review contesting the occurrence of the violation, the

amount of the penalty, or both the occurrence of the violation and

the amount of the penalty; or

(3)

without paying the amount of the penalty, file a

petition for judicial review contesting the occurrence of the

violation, the amount of the penalty, or both the occurrence of the

violation and the amount of the penalty.

(k)

A person who acts under Subsection (j)(3) during the

period provided by that subsection may:

(1) stay enforcement of the penalty by:

(A)

paying the amount of the penalty to the court

for placement in an escrow account; or

(B)

giving to the court a supersedeas bond that

is approved by the court for the amount of the penalty and that is

effective until all judicial review of the commission's order is

final; or

(2)

request the court to stay enforcement of the

penalty by:

(A)

filing with the court a sworn affidavit of

the person stating that the person is financially unable to pay the

amount of the penalty and is financially unable to give the

supersedeas bond; and

(B)

giving a copy of the affidavit to the

director by certified mail.

(l)

If the director receives a copy of an affidavit under

Subsection (k)(2), the director may file with the court, not later

than the fifth day after the date the copy is received, a contest to

the affidavit.

The court shall hold a hearing on the facts alleged

in the affidavit as soon as practicable and shall stay the

enforcement of the penalty on finding that the alleged facts are

true.

The person who files an affidavit has the burden of proving

that the person is financially unable to pay the amount of the

penalty and to give a supersedeas bond.

(m)

If the person does not pay the amount of the penalty and

the enforcement of the penalty is not stayed, the director may refer

the matter to the attorney general for collection of the amount of

the penalty.

(n) Judicial review of a decision of the commission:

(1)

is instituted by filing a petition as provided by

Subchapter G, Chapter 2001, Government Code; and

(2) is under the substantial evidence rule.

(o)

If the court sustains the occurrence of the violation,

the court may uphold or reduce the amount of the penalty and order

the person to pay the full or reduced amount of the penalty. If the

court does not sustain the occurrence of the violation, the court

shall order that no penalty is owed.

(p)

When the judgment of the court becomes final, the court

shall proceed under this subsection. If the person paid the amount

of the penalty and if that amount is reduced or is not upheld by the

court, the court shall order that the appropriate amount plus

accrued interest be remitted to the person. The rate of the

interest is the rate charged on loans to depository institutions by

the New York Federal Reserve Bank, and the interest shall be paid

for the period beginning on the date the penalty was paid and ending

on the date the penalty is remitted. If the person gave a

supersedeas bond and if the amount of the penalty is not upheld by

the court, the court shall order the release of the bond.

If the

person gave a supersedeas bond and if the amount of the penalty is

reduced, the court shall order the release of the bond after the

person pays the amount of the reduced penalty.

(q)

A penalty collected under this section shall be remitted

to the comptroller for deposit in the general revenue fund.

(r)

All proceedings under this section are subject to

Chapter 2001, Government Code.

Sec.

12.811.

DISPOSAL OF DISEASED WILDLIFE CARCASS. (a) A

person who possesses wildlife that die from a disease listed by the

commission in rules adopted under Section 12.802, or who owns or

controls the land on which the wildlife die or on which the

carcasses are found, shall dispose of the carcasses in the manner

required by the commission under this section.

(b)

The Texas Commission on Environmental Quality may not

adopt a rule related to the disposal of wildlife under this section

unless the rule is developed in cooperation with and is approved by

the commission.

(c) The commission shall:

(1)

determine the most effective methods of disposing

of diseased carcasses, including methods other than burning or

burial; and

(2)

by rule may delegate the commission's authority

under this section to the department or director.

Sec.

12.812.

EXPOSURE OF INFECTION CONSIDERED CONTINUING.

If a veterinarian employed by the department determines that a

communicable disease exists among wildlife or that on certain

premises wildlife have been exposed to the agency of transmission

of a communicable disease, the exposure or infection is considered

to continue until the department determines that the exposure or

infection has been eradicated through methods prescribed by

commission rule.

Sec.

12.813.

CLASSIFICATION OF AREAS. (a) The commission

by rule may prescribe criteria for classifying areas in the state

for disease control.

The criteria must be based on sound

epidemiological principles.

The commission may prescribe

different control measures and procedures for areas with different

classifications.

(b)

The commission by rule may designate as a particular

classification an area consisting of one or more counties.

Sec.

12.814.

IMPORTATION OF WILDLIFE; OFFENSE. (a) The

commission by rule may regulate the movement, including movement by

a railroad company or other common carrier, of wildlife into this

state from another state, territory, or country.

(b)

The commission by rule may provide the method for

inspecting and testing wildlife before and after entry into this

state.

(c)

The commission by rule may provide for the issuance and

form of health certificates and entry permits.

(d)

A person, including a railroad company or other common

carrier, commits an offense if the person knowingly moves wildlife

into this state in violation of a rule adopted under this section.

(e)

An offense under this section is a Class C Parks and

Wildlife Code misdemeanor unless it is shown on the trial of the

offense that the defendant has been previously convicted of an

offense under this section, in which event the offense is a Class B

Parks and Wildlife Code misdemeanor.

(f)

A person commits a separate offense for each individual

of a wildlife species moved in violation of a rule adopted under

this section.

Sec.

12.815.

DUTY TO REPORT. (a) A veterinarian, a

veterinary diagnostic laboratory, or a person having care, custody,

or control of wildlife shall report to the department the existence

of diseases listed in rules adopted by the commission detected

among the wildlife not later than 24 hours after diagnosis of the

disease.

The commission shall adopt and periodically update rules

listing the diseases that the commission determines require

reporting under this section.

(b)

In addition to reporting required by Subsection (a), the

commission may adopt rules that require a veterinarian, a

veterinary diagnostic laboratory, or a person having care, custody,

or control of wildlife to report the existence of a disease other

than bluetongue in the wildlife to the department not later than 24

hours after diagnosis if the disease:

(1)

is recognized by the United States Department of

Agriculture as:

(A) a foreign animal disease; or

(B) a reportable animal disease;

(2)

is an animal disease reportable to the World

Organisation for Animal Health; or

(3)

is the subject of a state of emergency, as declared

by the governor.

(c)

The commission may adopt rules that require a

veterinarian, a veterinary diagnostic laboratory, or a person

having care, custody, or control of wildlife to report a disease not

covered by Subsection (a) or (b) if the commission determines that

action to be necessary for the protection of wildlife health in this

state.

The commission shall immediately deliver a copy of a rule

adopted under this subsection to the appropriate legislative

oversight committees.

Sec.

12.816.

REFUSAL TO PROVIDE ACCESS TO WILDLIFE;

OFFENSE. (a) A person who possesses or controls wildlife commits

an offense if the person knowingly refuses to gather the wildlife

for testing, identification, inspection, or another procedure

required by commission rule.

(b)

An offense under this section is a Class C Parks and

Wildlife Code misdemeanor unless it is shown on the trial of the

offense that the defendant has been previously convicted of an

offense under this section, in which event the offense is a Class B

Parks and Wildlife Code misdemeanor.

(c)

A person commits a separate offense on each day of

refusal under Subsection (a).

SECTION 2. Sections 161.041(f) and (g), Agriculture Code,

are repealed.

SECTION 3. Not later than November 1, 2025, the Texas Animal

Health Commission and the Parks and Wildlife Department shall enter

into a memorandum of understanding relating to the transfer of the

administration of disease control in wildlife, as defined by

Section 12.801, Parks and Wildlife Code, as added by this Act. The

memorandum of understanding must include a timetable and specific

steps and methods for completing the transfer not later than

September 1, 2026.

SECTION 4. This Act takes effect September 1, 2025.