bill requiring tests before the state destroys deer

The text as introduced · 461 words

89R3750 BEE-F

By: Hall
S.B. No. 97

A BILL TO BE ENTITLED

AN ACT

relating to the assessment, destruction, and release of certain

deer.

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

SECTION 1. Subchapter L, Chapter 43, Parks and Wildlife

Code, is amended by adding Section 43.3635 to read as follows:

Sec. 43.3635. RELEASE OF BREEDER DEER AFTER NEGATIVE TEST

RESULT. Notwithstanding any other provision of this chapter, a

breeder deer for which a negative test result is obtained during an

epidemiological assessment conducted under Section 43.953(a) may

be released onto a release site in accordance with Section 43.361 at

any time on or before the 14th day after the date of the negative

test result.

SECTION 2. Section 43.953(a), Parks and Wildlife Code, is

amended to read as follows:

(a) Before any deer may be destroyed under this subchapter:

(1) an agent of the animal health commission :

(A) shall [ may ] conduct an epidemiological

assessment of the deer considered for destruction; and

(B) must obtain a positive test result from the

deer using the least intrusive test feasible, provided that the

test:

(i) may not be performed on tonsillar

tissue; and

(ii) must be conducted at the site where the

deer would be destroyed [ :

[ (A) if the assessment can be conducted in a

timely manner; and

[ (B) contingent on the availability of funding ];

and

(2) the department must consider the results of the

[ an ] assessment[ , if ] conducted[ , ] under Subdivision (1).

SECTION 3. Section 43.954(b), Parks and Wildlife Code, is

amended to read as follows:

(b) A notice provided under this section must be sent by

certified mail to the last known address of the permit holder and

must contain:

(1) the date of destruction, which may not be sooner

than the 10th day after the date of the notice;

(2) an explanation of any access restrictions imposed

on the facility or acreage covered by the permit during the

destruction of the deer; and

(3) an explanation of the reasons for the destruction,

including the results of the [ any ] epidemiological assessment

conducted under Section 43.953(a) applicable to the deer that are

the subject of the notice.

SECTION 4. 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 5. 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.