Wildlife Diseases - Process of Inspection - Texas

(a) In this section: (1) “DNA” means deoxyribonucleic acid. (2) “Genetic test” means a laboratory analysis of a deer's genes, gene products, or chromosomes that: (A) analyzes the deer's DNA, RNA, proteins, or chromosomes(,) and (B) is performed to determine genetically the deer's ancestral lineage or descendants. (3) “RNA” means ribonucleic acid. (b) After an inspection, the department shall notify a deer breeder in writing when the department has reason to believe the deer breeder possesses deer that may pose a disease risk to other deer. The notice must include an explanation of the rationale used to establish the disease risk. (c) If genetic testing is timely conducted, the department must postpone any actions that may be affected by the test results until the test results are available. (d) The results of genetic testing may not be used as evidence to establish a defense against a fine imposed on a deer breeder found guilty of failure to keep records of all deer in a deer breeder facility as required by this subchapter. (e) The commission shall adopt rules as needed to implement this section.; (g) The commission may adopt rules to control a disease or agent of disease transmission that: (1) may affect penaeid shrimp species(,) and (2) has the potential to affect cultured species or other aquatic species. (h) If one or more manifestations of disease is observed in any cultured marine penaeid shrimp species, the department shall immediately place the aquaculture facility under quarantine condition. The department shall determine, by rule, the meaning of “manifestation of disease” and “quarantine condition” under this section. (i) The department may coordinate with the Texas Animal Health Commission regarding testing for diseases. (j) Except as provided in Subsection (k), an operator of an aquaculture facility under quarantine condition may not discharge waste or another substance from the facility except with approval of the department and a wastewater discharge authorization from the Texas Commission on Environmental Quality. (k) Even if under quarantine condition, an aquaculture facility shall discharge wastewater or another substance as necessary to comply with an emergency plan that has been submitted to and approved by the department and incorporated into a wastewater discharge authorization issued by the Texas Commission on Environmental Quality. (l) On receiving notice from an owner of the observance of manifestations of disease, the department shall immediately: (1) notify the Department of Agriculture, the Texas Commission on Environmental Quality, and the Texas Animal Health Commission(,) and (2) advise the Department of Agriculture, the Texas Commission on Environmental Quality, and the Texas Animal Health Commission regarding the appropriate action to be taken.;

Citation: V.T.C.A., Parks & Wildlife Code § 43.3591; Tex. Parks & Wild. Code § 66.007;