Special Take Authorization for Disease Management

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Commission Agenda Item No. 4
Presenter: Kory Gann

Action

Special Take Authorization for Disease Management

Recommended Adoption of Proposed Changes

March 26, 2026

I.      Executive Summary: Staff seeks adoption of proposed amendments to rules governing special take authorization for the take of wildlife. The proposed amendments are intended to expand the scope of the authorization for take beyond deer and Chronic Wasting Disease (CWD)-related situations to incorporate additional wildlife health and disease-related reasons for take.

II.     Discussion: Texas Parks and Wildlife Code section 12.013 authorizes the Texas Parks and Wildlife Commission (Commission) to adopt rules governing the take of wildlife by a person acting under the supervision of a Texas Parks and Wildlife Department (TPWD) employee in a program or event conducted for the diagnosis, management, or prevention of a disease in wildlife. Current rules allow for the issuance of a special authorization for the take of white-tailed and/or mule deer when necessary to assist in TPWD efforts to combat CWD.

Since the adoption of these rules, there has been a need to broaden the scope of the authorization for take to include additional wildlife health and disease-related issues. This is increasingly evident given the potential reinvasion of the New World Screwworm (NWS) into Texas, which would require a mechanism for landowners to lawfully take NWS-infested wildlife. The proposed amendments would provide necessary flexibility to address various disease-related issues where take of wildlife by the landowner is warranted. They would also stipulate that all provisions and conditions of take – such as the number and type of wildlife; methods and time of take; duration of authorization; reporting requirements; diagnostic sample collection; carcass disposition; and disease testing requirements – will be detailed in the authorization itself.

At the Commission Work Session meeting on January 21, 2026, staff was authorized to publish the proposed changes in the Texas Register for public comment. The proposed changes appeared in the February 20, 2026, issue of the Texas Register (51 TexReg 1026). A summary of public comment on the proposed changes will be presented at the time of the meeting.

III.   Recommendation: Staff recommends that the Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts amendments to Title 31 of the Texas Administrative Code, section 65.907, as listed in Exhibit A, with changes as necessary to the proposed text as published in the February 20, 2026, issue of the Texas Register (51 TexReg 1026).”

Attachment — 1

Exhibit A – Special Take Authorization Rules

Commission Agenda Item No. 4
Exhibit A

SPECIAL TAKE AUTHORIZATION RULES

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §65.907, concerning Special Take Authorization – Wildlife.

        The proposed changes are intended to broaden the scope of the authorization for take beyond deer and CWD and to encompass other wildlife health/disease related reasons for take such as New World screwworm (which prompted the need for the proposal).  Proposed changes would allow necessary flexibility to address different disease related issues where take by a landowner is necessary.  Provisions and conditions of take, including number, type of animals, method of take, time of take, duration of authorization, reporting, sample collection, carcass disposition, and disease testing requirements, etc. would be addressed in the authorization itself.

2. Fiscal Note.

        Kory Gann, Big Game Program Director, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.

3. Public Benefit/Cost Note.

        Mr.  Gann also has determined that for each of the first five years that the rule as proposed is in effect:

        (A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be mitigating the spread of disease impacting native wildlife species such as Chronic Wasting Disease (CWD), New World Screwworm (NWS), or Highly Pathogenic Avian Influenza (HPAI).

        There will be no adverse economic effects on persons required to comply with the rule.

        (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule’s direct adverse economic impacts to determine if any further analysis is required. The department considers “direct economic impact“ to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

        The department has determined that the proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

        (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

        (D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.

        (E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

        (F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS).  The rule as proposed, if adopted, will:

                 (1) neither create nor eliminate a government program;

                 (2) not result in an increase or decrease in the number of full-time equivalent employee needs;

                 (3) not result in a need for additional General Revenue funding;

                 (4) not affect the amount of an existing fee;

                 (5) not create or repeal an existing regulation, but will expand an existing regulation (by increasing the applicability of the current rule to include all species of wildlife resources);

                 (6) not increase or decrease the number of individuals subject to regulation; and

                 (7) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposed rule may be submitted to Kory Gann, Big Game Program Director, email: kory.gann@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

5. Statutory Authority.

        The rule is proposed under Parks and Wildlife Code, §12.013, which authorizes the commission to adopt rules governing the take of wildlife under the supervision of a department employee in a program or event designated by the director as being conducted for the diagnosis, management, or prevention of a disease in wildlife.

        The proposed amendment affects Parks and Wildlife Code, Chapter 12.

6. Rule Text.

        §65.907. Special Take Authorization – Wildlife [White-tailed and Mule Deer].

                 (a) The department may issue a special take authorization for the take of wildlife[white-tailed or mule deer (hereinafter, "deer")] for purposes of assisting the department in conducting wildlife disease diagnosis, management, or prevention (hereinafter, "special take authorization"), as provided in this subsection. A person may request a special take authorization by completing and submitting a request [application] on a form supplied or approved by the department for that purpose.

                         (1) The department will not consider an incomplete request[application]for a special take authorization.

                         (2) The department may, at its discretion, conduct an inspection[a site inspection as a condition of issuance of a special take authorization].

                         (3) A special take authorization shall be issued only to a named individual and not in the name of any corporation, business, association, or group.

                 (b) A special take authorization is not valid until:

                         (1) the applicant has acknowledged, in writing via email to the department employee identified as the supervisory point of contact, that the applicant and all agents of the applicant have read and understand all:

                                  (A) provisions of the special take authorization; and

                                  (B) attendant obligations of the person to whom the special take authorization is issued and that person’s agents; and

                         (2) it has been approved in writing by the director of the department’s Wildlife Division or designee and the director of the department’s Law Enforcement Division or designee.

                 (c) A special take authorization shall specify the number and species of wildlife[type of deer] to be taken. No wildlife[deer] other than the number and species authorized[specified deer or number of deer authorized for take] shall be taken.

                 (d) The conditions and requirements for the take of wildlife shall be listed in the[take of deer under a] special take authorization. [shall be:]

                         [(1) performed only by the person to whom the special take authorization is issued and/or persons identified by name on the special take authorization as agents of the person to whom the special take authorization is issued;]

                         [(2) by firearm using centerfire ammunition only;]

                         [(3) conducted during the time between 30 minutes before sunrise and 30 minutes after sunset, unless specifically authorized in writing by the department; or]

                         [(4) any other method of take as may be authorized by the department to remove specific deer.]

                 (e) A special take authorization is valid for the duration[14 days from the date] specified in the special take authorization issued to the applicant. [The department may extend the period of validity based on extenuating or unavoidable circumstances (including inability to locate specific deer); however, a request for extension must be submitted to the department via email and approved by the department prior to the take of deer.] A copy of the special take authorization or a reproduction of the special take authorization on an electronic device (such as a cell phone or tablet) shall be produced upon request of a department employee in the discharge of their official duties. A copy of the email from the department granting an extension of a special take authorization or a reproduction of that email on an electronic device (such as a cell phone or tablet) shall be produced upon request of a department employee in the discharge of their official duties.

                 (f) Any tissues or parts of wildlife specified in the authorization must be submitted to the department or an approved lab as directed in the special take authorization.[For each animal deer taken under a special take authorization, the following must be submitted to the Texas A&M Veterinary Medical Diagnostic Laboratory:]

                         [(1) the whole head, accompanied by all visible forms of identification borne by the deer at the time the deer was taken, including but not limited to ear tags, tattoos, RFID tags, or any other forms of identification;]

                         [(2) the medial retropharyngeal lymph nodes (MRLN), which must be collected by an accredited veterinarian, authorized department employee, or TAHC-certified CWD sample collector; and]

                         [(3) any other tissue samples, as directed by the department.]

                         [(4) A properly executed TVMDL accession form must accompany the head or tissue samples submitted under the requirements of this subsection.]

                         [(5) All tissue samples and body parts required to be submitted under this subsection must be submitted to TVMDL within two business days of completion of removal of all deer or within two business days upon conclusion of the last authorized collection date, whichever is sooner.]

                         [(6) It is an offense to remove an ear tag or deface or remove a tattoo prior to submission of deer head under this subsection.]

                 (g) The department will not issue a special take authorization for the take of wildlife[deer] on any tract of land unless:

                         (1) the owner of the land is in compliance with all applicable provisions of Chapter 65, Subchapter A and Subchapter B, of this title; or

                         (2) the department determines that the disease management value of the prospective activities is a factor of such significance that approval is warranted.

                 (h) Wildlife[A deer] taken during the period of validity of a special take authorization shall be reported to the department within 24 hours of removal via email or other department approved notification method to the department’s wildlife division representative coordinating the authorization.

                 (i) Following submission to the department of any tissues or parts necessary as directed in a special take authorization, a person to whom the special take authorization or an agent thereof shall dispose of all remaining portions or parts of wildlife as directed by the department in the special take authorization.[a deer taken under a special take authorization, either by:]

                         [(1) burial at a depth of at least three feet below ground level on the property where the take occurred;]

                         [(2) delivery to a landfill authorized by the Texas Commission on Environmental Quality to receive such wastes; or]

                         [(3) as directed otherwise by the department in the special take authorization.]

                 (j) The department will not issue a special take authorization unless the applicant agrees in writing not to record by means of video, photograph, or other electronic media the act of taking or attempting to take wildlife[deer] under a special take authorization, or allow such recordings, or to make such recordings available to the public.

                 (k) This section shall not be construed to relieve any person of the obligation to comply with any applicable municipal, county, state, or federal law, except as may be specifically authorized with respect to Parks and Wildlife Code and the regulations of the commission.

                 (l) It is an offense for any person to:

                         (1) take or attempt to take wildlife[a deer] under a special take authorization without possessing a hunting license valid for the take of deer in Texas;

                         (2) sell, barter, offer to sell or barter, or otherwise give or receive anything of value in exchange for taking or allowing the take of wildlife[deer] or any parts of the animal, [including antlers,] under a special take authorization.

                 (m) The validity of a special take authorization is completely conditioned on the conduct of the person to whom the special take authorization is issued and agents of that person. Failure to abide by or comply with any provision of a special take authorization, as determined by the department, automatically invalidates the authorization and subjects the violator to prosecution for applicable violations of Parks and Wildlife Code, Chapters 42, 43, 61, 62, or 63 and any department regulations related to the take of wildlife listed on the authorization for take[deer].

        This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

        Issued in Austin, Texas, on