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.