89R8705 BEE-F
 
  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 five-year
  testing period, 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 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 five-year
  testing period, 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 September 1, 2025.