Curry Deer Bill Lets Breeders Sue The State For Damages

The text as introduced · 969 words

89R14878 MP-F

By: Curry
H.B. No. 4932

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of chronic wasting disease and the

establishment of a pilot program to breed deer resistant to chronic

wasting disease.

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. CHRONIC WASTING DISEASE

Sec. 12.801. DEFINITIONS. In this subchapter:

(1) "Deer breeder facility" means a breeder facility

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

that subchapter.

(2) "Release site" means a location as described by

Section 43.361.

Sec. 12.802. IDENTIFICATION OF CHRONIC WASTING DISEASE.

The diagnosis of chronic wasting disease in a deer under this

subchapter must be made or confirmed through testing:

(1) conducted by the National Veterinary Services

Laboratories; and

(2) within the National Veterinary Services

Laboratories' standard time for diagnosis after the National

Veterinary Services Laboratories receives the specimen.

Sec. 12.803. RESTRICTING MOVEMENT OF DEER AT DEER BREEDER

FACILITY OR RELEASE SITE. (a) Subject to Subsection (b), the

department may order a restriction on the movement of deer at a deer

breeder facility or release site if there is a confirmed diagnosis

of chronic wasting disease at the facility or release site.

(b) The department may only restrict the movement of deer in

an area that is not greater than 10 feet from any point on the

original enclosure that housed the deer with a confirmed diagnosis

of chronic wasting disease.

(c) The department shall lift a movement restriction

ordered under this section if:

(1) the owner or manager of the deer breeder facility

or release site provides a letter to the department certifying that

the facility or release site has:

(A) avoided commingling any deer that have a

confirmed diagnosis of chronic wasting disease or any deer that

were located in an enclosure with the diagnosed deer, including:

(i) direct contact with the diagnosed deer;

(ii) being within 10 feet of the diagnosed

deer; or

(iii) sharing equipment, pasture, water

sources, or other contaminated locations at the facility or release

site with the diagnosed deer;

(B) followed United States Department of

Agriculture procedures for decontamination of farmed cervid

facilities, including decontamination of all enclosures, surfaces,

tools, equipment, vehicles, clothing, surgical instruments, or any

other items that have come in contact or commingled with a deer that

has a confirmed diagnosis of chronic wasting disease; and

(C) depopulated the enclosure of all deer; and

(2) there is no confirmed diagnosis of chronic wasting

disease of a free-ranging deer that conclusively establishes that

the free-ranging deer populations near the deer breeder facility or

release site have been infected with chronic wasting disease due to

the wilful and deliberate failure of the owner or manager of the

deer breeder facility or release site to adhere to the criteria of

this subsection.

(d) If the department fails to lift a movement restriction

ordered under this section as required by Subsection (c), the owner

or manager of the deer breeder facility or release site may appeal

to the commission. If the commission fails to lift the movement

restriction, the owner or manager of the deer breeder facility or

release site may bring an action against the department for damages

resulting from the failure to lift the movement restriction and

appropriate equitable relief.

(e) The department may not require the owner or manager of a

deer breeder facility or release site to enter into a herd plan for

the facility or release site if the herd plan is in any way more

restrictive than:

(1) the provisions of Subsection (c); or

(2) the minimum standards of a herd plan developed

under the Chronic Wasting Disease Herd Certification Program

established by the United States Department of Agriculture.

(f) Governmental immunity to suit and liability is waived to

the extent of liability created by Subsection (d).

Sec. 12.804. TESTING NEAR AREA UNDER RESTRICTED MOVEMENT

ORDER. If the department requires testing of deer at a deer breeder

facility or release site near an area placed under a restricted

movement order under Section 12.803, the department may require a

postmortem and live animal testing requirement of a number of

animals that does not exceed 80 percent of the total number of

animals that die each year at the facility. Any live tests

submitted under the testing requirement must be accounted for at a

ratio of 1:1 to postmortem tests.

Sec. 12.805. CHRONIC WASTING DISEASE GENETIC IMPROVEMENT

PILOT PROGRAM. (a) The department shall establish a pilot program

to breed and release into the wild deer that are resistant to

chronic wasting disease.

(b) The pilot program established under this section must

include:

(1) the collection and analysis of DNA samples in

native free range white-tailed deer to determine a baseline of

genetic codon markers and genomic breeding values;

(2) the breeding of native white-tailed deer, born and

raised in this state, to be genetically resistant to chronic

wasting disease, including the SS allele at codon 96; and

(3) the monitoring for chronic wasting disease in all

deer released under Subsection (c) or sold under Subsection (d).

(c) Except as provided by Subsection (d), the department may

only release deer into the wild under the program between February 1

and April 15 of each year.

(d) The department may sell for a fee not to exceed $500 deer

bred under the program to a person holding a valid deer breeder's

permit under Section 43.352.

(e) This section expires December 31, 2029.

SECTION 2. As soon as practicable after the effective date

of this Act, the Parks and Wildlife Commission shall adopt or amend

rules as necessary to comply with the changes in law made by this

Act.

SECTION 3. This Act takes effect September 1, 2025.