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Staff seeks adoption of proposed amendments to rules governing wildlife rehabilitation. The proposed amendments would function collectively to reflect the complexity, training, and oversight needed to perform highly complex rehabilitation activities.
Resumen ejecutivo: El personal solicita la aprobación de enmiendas propuestas a las normas que regulan la rehabilitación de la fauna. Las enmiendas propuestas funcionarían colectivamente para reflejar la complejidad, formación y supervisión necesarias para llevar a cabo actividades de rehabilitación altamente complejas.
Commission Agenda Item No. 4 Presenter: Richard Heilbrun
Action Wildlife Rehabilitation Rules Recommended Adoption of Proposed Changes May 28, 2026
I. Executive Summary: Staff seeks adoption of proposed amendments to rules governing wildlife rehabilitation. The proposed amendments would function collectively to reflect the complexity, training, and oversight needed to perform highly complex rehabilitation activities.
II. Discussion: Under Texas Parks and Wildlife Code chapter 43, subchapter C, the Texas Parks and Wildlife Commission (Commission) is required to adopt rules governing the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation. In 2021, Texas Parks and Wildlife Department (TPWD) conducted an extensive revision of wildlife rehabilitation rules to address longstanding concerns regarding programmatic inefficiency, noncompliance, and abuse. Because those revisions were quite significant, TPWD anticipated that additional revisions in the near term would be necessary to address unforeseen issues, eliminate conflicts, and make improvements. Staff has determined that the eligibility, training, testing, experience, and application requirements to become a wildlife rehabilitator under current regulations do not sufficiently reflect the knowledge and experience needed to safely possess or provide treatment for protected wildlife, supervise other individuals, and to conduct certain authorized activities. Therefore, the proposed amendments would strengthen and improve the delivery of wildlife rehabilitation activities in Texas by generally doing the following:
At the Commission Work Session meeting on March 25, 2026, staff was authorized to publish the proposed changes in the Texas Register for public comment. The proposed changes appeared in the April 24, 2026, issue of the Texas Register (51 TexReg 2602). 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 repeals Title 31 of the Texas Administrative code, section 69.47, and adopts amendments to Title 31 of the Texas Administrative Code, sections 69.43-69.46, 69.48, 69.49, and 69.52, as listed in Exhibit A, with changes as necessary to the proposed text as published in the April 24, 2026, issue of the Texas Register (51 TexReg 2602).”
Attachment — 1
Exhibit A – Wildlife Rehabilitation Permit Rules
Commission Agenda Item No. 4 Exhibit A
WILDLIFE REHABILITATION PERMIT RULES
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department (the department) proposes the repeal of 31 TAC §69.47 and amendments to §§69.43 – 69.46, 69.48, 69.49, and 69.52, concerning Wildlife Rehabilitation Permits.
In 2021, the department conducted an extensive revision of wildlife rehabilitation rules to address longstanding concerns regarding programmatic inefficiency, noncompliance, and abuse (such as the persistent problem of permits being used to keep wildlife as pets or curiosities, which is not only undesirable, but unlawful). Because those revisions were quite significant, the department anticipated that additional revisions in the near term would be necessary in order to address unforeseen issues, eliminate conflicts, and make improvements. The proposed amendments would function, collectively, to reorganize the subchapter, address problematic processes, and improve administrative efficiencies with the goal of strengthening and improving the delivery of wildlife rehabilitation activities in Texas.
The proposed amendment to §69.43, concerning Definitions, would add definitions for “animal control authority,” “large wildlife rehabilitation center,” “licensed veterinarian,” “reportable disease,” and “wildlife health crisis.” The proposed amendment would define “animal control authority” as “the local governmental entity responsible for regulating and/or enforcing laws applicable to the possession, control, welfare, and disposition of animals.” The department has received numerous requests from various law enforcement and first-responder entities for assistance in identifying places and locations where persons may be holding wildlife, because first-responders find it helpful to know about the possibility of encountering captive wildlife in the course of their duties, and because there may be local ordinances and laws that apply to such situations. Therefore, the rules as proposed would require permittees to notify the local animal control authority of the existence and location of facilities and an unambiguous definition of that term is necessary to facilitate compliance and enforcement.
The rules as proposed would make regulatory distinctions based on the intensity and magnitude of rehabilitation efforts. Wildlife rehabilitation activities can vary greatly in scale and pace; some rehabilitators have very narrow areas of specialization and others operate what amount to trauma centers that can have significant staff and treat many animals per day or year. The proposed amendment to §69.45, concerning Permit Required, would acknowledge these scales by creating rule specific for the largest types of facilities. “Large Wildlife Rehabilitiation Center” would define “Large Wildlife Rehabilitation Center” as “a registered facility that has received at least 3,000 animals in each of the preceding three years and employs the permittee on a full or part-time basis to conduct activities for which a permit under this subchapter is required,” which is necessary to provide a standard for compliance, administration, and enforcement.
The department has determined that it is necessary to define “licensed veterinarian” as “a person licensed by the Texas Board of Veterinary Medical Examiners to practice veterinary medicine in Texas,” which is necessary to ensure that all persons providing veterinary medical services to wildlife rehabilitators are lawfully able to do so by the state of Texas and are professionally accountable in the state of Texas.
The proposed amendment would define “reportable disease” as “a disease identified as reportable on the National List of Reportable Animal Diseases maintained by the Animal and Plant Health Inspection Service under the United States Department of Agriculture, or that meets criteria listed in 4 TAC §45.2(a) in the rules of the Texas Animal Health Commission.” The definition is intended to acknowledge other state and federal rules that require certain persons to notify appropriate health authorities upon discovery of certain contagious diseases.
The proposed amendment also would define “wildlife health crisis” as “a circumstance or set of circumstances that threaten wildlife populations, biodiversity, ecosystem stability, or animal or human health, including through zoonotic pathogen spillover.” The definition is necessary because the term is employed in current rule and the standard applied by the department to such situations should be clear with respect to the threshold for department responses to disease emergence, such as that posed by New World Screwworm, that threatens public wildlife resources and potentially, livestock, pets, and humans.
Finally, the proposed amendment would clarify that “supervisory permittee” and “permittee” are synonymous with respect to references in the rule, and would correct and relocate current paragraph (12) to preserve meaning and alphabetical order.
The proposed amendment to §69.44, concerning General Provisions, would consist of several actions. The department has determined that the section is unwieldy and thematically inconsistent; therefore, the proposed amendment would rearrange existing provisions according to shared applicability and relocate some provisions to other sections as noted.
The proposed amendment would relocate current subsections (e) — (l), (n), (q), and (r) to subsection (a) and redesignate those provisions as paragraphs, which is intended to group generally applicable provisions in one place. Current subsections (e) and (f) would become new paragraph (3)(A) and (B) under subsection (a); the contents of current subsection (c) would be retained but become new subsection(a)(4); current subsection (g) would become new paragraph (5); current subsection (j) would become new subsection (a)(6); current subsection (n) would become new subsection (a)(7); current subsection (q) would become new subsection (a)(8); and current subsection (r) would become new subsection (a)(9). The changes are purely organizational and nonsubstantive.
The proposed amendment to §69.44 would retain the provisions of current subsection (d) as new subsection (b)(2) and add new paragraph (1), which would require subpermittees to be at least 18 years of age and to have passed a department-administered examination with a score of 100 percent. The department has encountered situations in which persons listed as subpermittees are clearly too young and/or unqualified to be conducting or assisting in permitted activities; therefore, the department believes a standard is appropriate. The department believes it is reasonable to require that all subpermittees be at least 18 years of age and to have demonstrated a basic understanding of wildlife rehabilitation.
The proposed amendment would combine the provisions of current subsections (h) and (i) and place them in proposed new subsection (c) concerning Display to the Public.
The proposed amendment to §69.44 would also create new subsection (d) to address the possession of non-releasable wildlife. Wildlife is by definition animal life that is meant to live in a state of nature and not in a state of domestication. In the natural world, animals that cannot survive don’t. In many cases, wildlife brought to wildlife rehabilitators cannot be restored to a state of health that would allow survival in the wild and thus cannot be returned to the wild (“non-releasable”), which dictates euthanasia unless there is a compelling argument for allowing the animal to be kept for use for education, socializing other wildlife of the same species, or some other specialized use that benefits the species or human understanding of wildlife. Current rule requires non-releasable wildlife to be euthanized except as provided for approved educational, fostering, or socialization purposes, or transfer to zoological, scientific, or educational permit holders; however, the department continues to be concerned about situations in which wildlife is being retained in contravention of these understandings, in effect, becoming pets or curiosities, and in some cases the department has reason to suspect that persons have obtained wildlife rehabilitation permits solely for such purposes, which defeats the entire purpose of the concept of wildlife rehabilitation. The department believes that the highest and best reality for wildlife is to live in the wild as part of and contributors to native ecosystems and that wildlife incapable of survival in the wild should be euthanized unless it can be used to benefit the species or human understanding of biology because the animal cannot live as nature intended. The department also wishes to avoid any possibility of inadvertently creating a legal pathway for the intentional acquisition of wildlife for personal use or enjoyment. For these reasons, the department proposes new provisions, in addition to the current provisions, that would require non-releasable wildlife to be kept at the permittee’s registered facility and explicitly prohibit public display except as provided for educational purposes. The proposed amendment also would require non-releasable wildlife approved for educational display to be restrained at all times and would prohibit any touching or handling by the public at any time. The department reasons that explicit provisions carrying criminal penalties for violation are useful to emphasize that wildlife resources are owned by the people of the state and are not to be treated as pets, curiosity pieces, or commodities. For similar reasons, the current requirement restricting the possession of non-releasables to persons with at least three years as a permitted rehabilitator would be altered to increase the period of experience to five years. The proposed amendment would also relocate current §69.45(b) in new subsection (g).
The proposed amendment to §69.45, concerning Permit Required, would retitle the section to acknowledge the addition of new provisions to create four categories of wildlife rehabilitation permit, based on level of complexity, and to enhance quality control measures for satellite facilities.
The department has long experienced administrative difficulties associated with the various and disparate levels of operational complexity within the regulated community. As noted previously in this preamble, the universe of wildlife rehabilitation in Texas is very diverse, ranging from permittees who are highly specialized and work with a very small number of animals at a single facility to permittees who supervise large numbers of subpermittees and volunteers that treat a wide variety of animals at numerous satellite facilities. The one-size-fits-all nature of the current regulatory structure is problematic, particularly from the perspective of disease management, reporting and recordkeeping, and effective monitoring and tracking of the activities of subpermittees and volunteers. The department acknowledges the legitimate usefulness of satellite facilities, subpermittees, and volunteers, but is also concerned about both the abuse of those privileges (intentional and accidental) and the unwieldiness introduced by its complexity. There is an ongoing problem with the proliferation of subpermittees and volunteers under multiple permittees, permittees being listed as subpermittees under other permittees, geographical dispersion of satellite facilities, phantom facilities, and other, similar types of problems. Therefore, the department proposes to eliminate the current one-size-fits-all approach and replace it with a system of graduated permit types stratified by magnitude of subpermittee/volunteer/satellite facility activities.
The proposed amendment would create the Type A permit to address those rehabilitation activities that do not involve subpermittees or satellite facilities. This permit level would be the entry or default level of permit issuance but could also be utilized by permittees with very narrow and/or high specialized practices (for example, a rehabilitator that specializes only in rabbits). The Type B permit would address moderately more complex rehabilitation activities and would authorize up to five subpermittees, whose activities would be confined to the supervisory permittee’s registered facility (i.e., no satellite facilities). To qualify for issuance of a Type B permit, the applicant would be required to document a minimum of two years’ experience as a permitted wildlife rehabilitator in Texas. The department believes that two years of experience as a wildlife rehabilitator should be the minimum standard for supervision of other persons conducting wildlife rehabilitation activities as authorized under the subchapter. The Type C permit would address complex rehabilitation activities, authorize the permittee to supervise up to 10 subpermittees at up to five satellite facilities, and require the permittee to document at least five years of experience as a permitted wildlife rehabilitator in Texas as a condition of issuance. The department has determined that it is reasonable and logical to allow expansion of permit privileges in proportion to demonstrated responsible experience. Finally, the Type D permit would address very large wildlife rehabilitation activities conducted by permittees who are paid employees of an organization. A Type D permit would authorize any number of subpermittees at any number of satellite facilities, but would be conditioned on the permittee having at least five years documented experience as a permitted wildlife rehabilitator (in any state or states) and being a paid employee of a large wildlife rehabilitation center, as defined in the rules. The department reasons that very large wildlife rehabilitation operations operated or sanctioned by bona fide conservation/conservation-oriented organizations that employ experienced, demonstrably responsible permittees can be entrusted with significant latitude in conducting permitted activities.
The proposed amendment also would alter current subsection (c) to strengthen oversight provisions applicable to satellite facilities. The current rule requires supervisory permittees to visit satellite facilities no less frequently than once every 120 days to verify compliance with applicable provisions of the subchapter. The department has determined, on the basis of encountering several failures with respect to permittees ensuring that satellite facilities are compliant, that it is necessary to prohibit wildlife rehabilitation at any satellite facility unless the supervisory permittee has personally inspected the facility within the previous 120 days and documented in writing that the facility is being operated in compliance with the applicable provisions of the subchapter. In this way, the department intends to ensure that public resources are receiving appropriate care.
The proposed amendment would move current subsection (b) to §69.44 as noted previously in this preamble. Additionally, the proposed amendment would create new subsection (c) to prohibit any permittee from being listed as a subpermittee by another permittee. The department has encountered significant issues untangling webs of interconnected persons performing wildlife rehabilitation under multiple authorizations, which confounds department processes, most notably, the ability of the department to conduct epidemiological investigations in the event of a wildlife health crisis.
The proposed amendment also would relocate the provisions of current §69.44(q) as new subsection (f), reworded to acknowledge that amendment of permit provisions in the event of a declared wildlife health crisis would be effected by emergency rulemaking. Although other provisions of the rules allow the department to waive provisions of the subchapter in response to wildlife health crises, the department wishes to avoid any suggestion of engaging in ad hoc rulemaking in such situations and therefore seeks to make it abundantly clear that any amendments of permits in response to a health crisis will be done under the provisions of the Administrative Procedure Act and the Parks and Wildlife Code.
Finally, the proposed amendment would prohibit the possession of any animal under a wildlife rehabilitation permit for longer than 365 days unless recommended in writing by a licensed veterinarian and the department. As mentioned previously in this preamble, the intent of wildlife rehabilitation is the return of wildlife to native systems, with exceptions for certain non-releasables. The wildlife rehabilitation permit is not a pet permit, nor is it companion-animal permit. The department reasons that a year is sufficient time to restore most injured or sick wildlife to a state of health that would permit re-introduction to the wild, with the proviso that there could be legitimate reasons for additional time in extenuating circumstances.
The proposed amendment to §69.46, concerning Application for Permit, would impose specific experiential requirements for permit issuance. Current rules require only completion of a training course offered by a professional wildlife rehabilitation organization within three years of the application for a permit. The department has determined that this is inadequate and has resulted in issuance of permits to persons who seek a wildlife rehabilitation permit for purposes unrelated to bona fide wildlife rehabilitation (such as keeping wildlife as pets or conversation pieces, practices that historically have plagued the program), in addition to enabling permit issuance to persons who are not serious or are otherwise insufficiently committed to or experienced enough to ably practice wildlife rehabilitation. To remedy this situation, the proposed amendment would require applicants to document a minimum of 800 hours of wildlife rehabilitation experience at any level and to have been either a subpermittee in Texas or a permitted wildlife rehabilitator in any state for a minimum of two years. The department believes that persons meeting these requirements have demonstrated genuine commitment to the practice of wildlife rehabilitation. Proposed new subsection (b) would exempt current permittees from the proposed new requirements, but would stipulate that any person who allows a permit to lapse and subsequently seeks a permit would have to meet the proposed new requirements. Additionally, new applicants would be required to provide evidence of at least 20 hours of training or coursework provided by an accredited professional organization or an entity approved by the department, which is intended to replace the current educational requirement of any training within the previous three years, which is vague. The department believes it is appropriate to quantify the amount of professional training and establish a credible standard in order to ensure that applicants have made a credible and efficacious investment in continuing education and training.
The proposed amendment to §69.46 also would eliminate the current requirement for a letter from a licensed veterinarian known to the applicant and replace that standard with the requirement of a letter from a licensed veterinarian affirming that the veterinarian will provide veterinary consultation services to the applicant if a permit is issued. The department reasons that the current standard is little more than proof that two people are acquainted, whereas the proposed amendment would require an affirmation of willingness to provide professional advice and/or services, which the department believes is a higher standard that will improve the quality of wildlife rehabilitation in the state. Finally, the proposed amendment would reduce the minimum required score on a department-administered wildlife rehabilitation test, from 100% to 80% on a more comprehensive exam. The department assesses that persons who are capable of meeting the enhanced standards of the proposed new provisions need not be held to the 100% standard.
The amendment to §69.48, concerning Permit Renewals, would comport the provisions of subsection (a) to accommodate the changes made elsewhere to replace quarterly reporting with annual reporting for certain permittees, and would amend subsection (b) to require at least eight hours of training annually, as well as a letter from licensed veterinarian attesting to the willingness to provide consulting services to the permittee. The department believes it is important for permitted wildlife rehabilitators to participate in continuing education furnished by recognized professional organizations and associations so as to be aware of and familiar with current developments and trends that improve the quality and efficacy of wildlife rehabilitation delivery. Similarly, as discussed earlier in this preamble, the department believes it is important to document access to veterinary professionals for specialized expertise necessary to inform successful outcomes. The proposed amendment also would alter subsection (c) to cite the department’s rules governing the process for denial of permit issuance or permit renewal.
The proposed amendment to §69.49, concerning General Facility Standards, would insert new subsection (b) to prohibit the registration of any facility located in a domestic residence that shares air handling equipment or access to water, housing or exercise space, or food in common with another domestic residence. The department seeks to eliminate wildlife rehabilitation activities in environments where the facilitation of disease propagation and spread is possible via cross-contamination or physical contact with sick wildlife, and to prevent wildlife rehabilitation activities in environments that are inappropriate in terms of noise and other disruptions that could interfere with or confound effective rehabilitation efforts (e.g., apartments, duplexes, townhomes, etc.).
The proposed amendment to §69.52, concerning Reports and Recordkeeping, would alter the title of the section to reflect notification requirements created by the proposed amendment in the form of possession of documentation of inspections of satellite facilities required under the proposed amendment to §69.45. The proposed amendment would also relax reporting requirements for all permittees that do not rehabilitate deer. In a previous rulemaking in response to the emergence of chronic wasting disease (CWD), the department imposed quarterly reporting requirements on all wildlife rehabilitators. The department has been persuaded that the quarterly reporting requirements can safely be restricted only to those permittees authorized to rehabilitate deer, and that there is negligible threat of CWD being spread from facilities not authorized to receive deer.
The proposed amendment would also require permittees to notify the appropriate local animal control authority, for reasons mentioned earlier in this preamble in the discussion of the proposed amendment to §69.43, concerning Definitions.
Finally, the proposed amendment would create new subsection (j) to require notification of the department upon learning of, discovering, or being informed that a reportable disease has been confirmed to exist in an animal or facility for which the permittee is responsible. The department believes it is axiomatic that the presence or detection of disease is something that should be reported immediately, so as to allow the department and any other involved entities the greatest amount of time to respond effectively.
The repeal of §69.47, concerning Refusal of Permit Issuance of Renewal; Review, is necessary because the department was directed by the Sunset Commission in 2022 to implement a uniform process governing department decisions to refuse issuance or renewal of non-recreational licenses and permits for which such processes are not prescribed by statute and prescribe a similar process regarding agency decisions to suspend or revoke a license or permit affected by the proposed new subchapter. Those rules are located at 31 TAC Chapter 56 and include the license affected by this rulemaking; thus, the section is no longer necessary.
2. Fiscal Note.
Richard Heilbrun, Wildlife Division Deputy Director, has determined that for each of the first five years that the rules are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rules, because the rules will be administered and enforced by existing personnel using existing systems, equipment, and budget.
3. Public Benefit/Cost Note.
Mr. Heilbrun also has determined that for each of the first five years that the rules as proposed are in effect:
(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be the implementation of rules that will increase the effectiveness and efficiency of wildlife rehabilitation in the state and enhance measures to ensure the biosecurity of wildlife rehabilitation activities in the state, thereby protecting native wildlife populations and natural systems, as well as having the benefit of protecting human and livestock health and safety.
There will be no direct adverse economic effects on persons required to comply with the rules as proposed. Although the rules as proposed would create additional requirements for permit issuance in the form of minimum standards of training and experience, the department reasons that those provisions do not affect current permittees except with respect to the requirement of eight hours of annual training in lieu of the non-specific standard in the current rules, which is “the completion of a training course.” The department has determined that virtually any approved training course will satisfy the eight-hour requirement imposed by the rules as proposed. Additionally, the department notes that because the proposed provision prohibiting the registration of facilities with certain shared physical residential infrastructure, if adopted, would apply only to facilities registered after the effective date of the rules (i.e., not retroactively), there is no cost of compliance associated with the provision.
(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, and 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 businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, 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 no small businesses, microbusinesses, or rural communities will be affected by the proposed rules, because it is unlawful to conduct wildlife rehabilitation on a for-profit or commercial basis in this state. Therefore, the department has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.
(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 rules 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 rules.
(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 rules.
(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will:
(1) not create 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 any fee;
(5) create a new regulation (requirement for permittee presence at registered facilities);
(6) expand existing regulations (stratification of permit privileges, quantification of experience requirements for permit issuance and renewal);
(7) limit an existing regulation (by prohibiting rehabilitation activities in shared residential environments);
(8) will repeal an existing regulation;
(9) neither increase nor decrease the number of individuals subject to regulation; and
(10) not positively or adversely affect the state’s economy.
4. Request for Public Comment.
Comments on the proposal may be submitted to Lindsay Garza (830) 261-2716, email: Lindsay.garza@tpwd.texas.gov. Comments also may be submitted via the department’s website at https://tpwd.texas.gov/business/feedback/public_comment/.
5. Statutory Authority.
The amendments are proposed under Parks and Wildlife Code, §43.022, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation and authorizes the department to issue a permit to a qualified person to collect, hold, possess, display, transport, release, or propagate protected wildlife for scientific research, educational display, zoological collection, or rehabilitation.
The proposed amendments affect Parks and Wildlife Code, Chapter 43, Subchapter C.
6. Rule Text.
§69.43. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Animal control authority—The local governmental entity responsible for regulating and/or enforcing laws applicable to the possession, control, welfare, and disposition of animals.
(2)[(1)] Education — Activities that encourage management and conservation of wildlife resources or that are intended to increase the public’s awareness and understanding of aspects of wildlife biology.
(3)[(2)] Final disposition — The terminal status of wildlife rehabilitation efforts due to transfer, retention, mortality, or euthanasia.
(4)[(3)] Fostering — Using a captive animal to rear young animals of the same species.
(5)[(4)] Holding — Retaining in captivity.
(6)[(5)] Human imprinting or human bonding — A dependency or fixation upon humans as parent substitutes or companions.
(7) Large Wildlife Rehabilitation Center — A registered facility that:
(A) has received at least 3,000 animals in each of the preceding three years; and
(B) employs the permittee on a full or part-time basis to conduct activities for which a permit under this subchapter is required.
(8) Licensed veterinarian – A person licensed by the Texas Board of Veterinary Medical Examiners to practice veterinary medicine in Texas.
(9)[(6)] Non-releasable animal — An animal which, after rehabilitation, is determined by the department to be unlikely to survive in the wild if released.
(10)[(7)] Propagate — To allow animals to produce offspring.
(11) Protected wildlife — As defined by Parks and Wildlife Code, Chapter 43, Subchapter C.
(12)[(8)] Rehabilitation — The temporary caring for injured, orphaned, or sick wildlife until such animals can be released to the wild.
(13) Reportable Disease — A disease identified as reportable on the National List of Reportable Animal Diseases maintained by the Animal and Plant Health Inspection Service under the United States Department of Agriculture, or that meets criteria listed under 4 TAC §45.2(a) (relating to Duty to Report).
(14)[(9)] Satellite rehabilitation facility (satellite facility) — A facility registered with the department and operated by a subpermittee under the supervision of a permittee.
(15)[(10)] Socialize — Using a captive animal to teach wild behaviors to juvenile animals of the same species.
(16)[(11)] Subpermittee — A person authorized by a permittee to conduct activities governed by this subchapter.
(17) Wildlife health crisis—A circumstance or set of circumstances that threaten wildlife populations, biodiversity, ecosystem stability, or animal or human health, including through zoonotic pathogen spillover.
[(12) "Wildlife Protected" wildlife — as defined by Parks and Wildlife Code, Chapter 43, Subchapter C.]
(18)[(13)] Supervisory permittee — A permittee who is responsible for the activities of subpermittees listed on the permittee’s permit and volunteers at the permittee’s or subpermittee’s facility or satellite facility, as applicable. Unless otherwise indicated, a reference to a permittee is a reference to the supervisory permittee.
(19)[(14)] Volunteer — An individual who is not a permittee or subpermittee and works with permitted wildlife in the presence of the permittee or subpermittee.
§69.44. General Provisions.
(a) General.
(1) Activities authorized by a permit issued under this subchapter shall be conducted only by the permittee and/or subpermittees named on the permit or volunteers in compliance with the requirements of this subchapter.
(2)[(b)] Except as provided in paragraph (4) of this subsection[subsection (c) of this section], activities authorized by a permit issued under this subchapter shall be conducted only at a rehabilitation facility or satellite facility registered with the department via an electronic application designated by the department for that purpose.
(3) Wildlife held under the authority of a permit issued under this subchapter:
(A) shall not be commingled with domestic pets, livestock, exotic livestock, exotic fowl, or non-indigenous wildlife; and
(B) may not be sold, bartered, or exchanged for any consideration. A permit issued under this subchapter shall not authorize a person, firm, or corporation to engage in the propagation or commercial sale of wildlife.
(4)[(c)] A permittee or subpermittee may possess sick or injured wildlife while not at a registered facility or satellite facility only for the amount of time necessary to stabilize and transport the wildlife to a registered facility or satellite facility.
(5) A permittee shall conduct rehabilitation in an environment which minimizes human contact and prevents human and domestic animal imprinting or bonding.
(6) A permittee shall not conduct activities governed under this subchapter on the same property as a fur-bearing animal propagation facility or deer breeding facility unless specifically authorized in writing by the department.
(7) All medical treatment, including vaccinations, shall be performed in consultation with a licensed veterinarian and in accordance with all applicable laws regarding extra-label use of medications and biologicals.
(8) The department may temporarily waive any provision of this subchapter during a wildlife health crisis.
(9) The department may designate a manual process in lieu of any electronic application requirement of this subchapter if for whatever reason the electronic application is unavailable.
(b)[(d)] Subpermittees and Volunteers.
(1) A subpermittee must:
(A) be at least 18 years of age; and
(B) have scored 100 percent on a department-administered wildlife rehabilitation examination within the previous five years
(2) A volunteer may engage in permitted activities if:
(A)[(1)] the volunteer is identified on the daily volunteer log as required under §69.52 of this title (relating to Reports and Recordkeeping); and
(B)[(2)] the supervisory permittee or a subpermittee is present. At any time that the supervisory permittee or a subpermittee is not present, volunteer activity must be limited to feeding, watering, cleaning of cages and enclosures, and other custodial activities that involve only incidental contact with wildlife.
(c) Display to the Public.
(1) Except for permitted educational purposes, wildlife possessed under a rehabilitation permit shall not come in contact with anyone other than the permittee and/or subpermittees, volunteers, licensed veterinarians, or the staff of licensed veterinarians.
(2) A permittee shall not allow the viewing, exhibit, or display to the public of animals possessed under a rehabilitation permit unless specifically authorized by permit provision.
(d) Non-releasable wildlife.
(1) No person may conduct educational display activities involving non-releasable wildlife under Type A, B, or C permits unless the supervisory permittee is present during the activity. Non-releasable wildlife:
(A) must be housed at the supervisory permittee’s registered facility;
(B) shall not be displayed to the public except as provided in this subchapter for educational activities;
(C) shall not be touched or handled by the public at any time; and
(D) shall be restrained at all times during educational events in such a fashion as to prevent physical contact with the public; and
(E) shall be euthanized except as provided by this paragraph.
(2) Permission to retain non-releasable wildlife may be granted only to permittees who have at least five years’ experience as a permitted wildlife rehabilitator.
(3) The department may permit the retention of non-releasable wildlife for approved educational, fostering, or socialization purposes, or for transfer to zoological, scientific, or educational permittees. Requests must be made in writing to the department, and no transfer shall take place until the department has approved the request. A request to retain non-releasable wildlife under this subsection shall include a statement from a licensed veterinarian that the animal is non-releasable and the reasons why the animal is non-releasable. The department will not authorize the retention of an animal that because of a disease or condition poses a danger to humans, other animals, or itself.
(4) Permittees possessing non-releasable raptors shall band the raptors with markers supplied by the department.
[(e) Wildlife held under the authority of a permit issued under this subchapter may not be sold, bartered, or exchanged for any consideration. A permit issued under this subchapter shall not authorize a person, firm, or corporation to engage in the propagation or commercial sale of wildlife.]
[(f) Wildlife held under the authority of a permit issued under this subchapter shall not be commingled with domestic pets, livestock, exotic livestock, exotic fowl, or non-indigenous wildlife.]
[(g) A permittee shall conduct rehabilitation in an environment which minimizes human contact and prevents human and domestic animal imprinting or bonding.]
[(h) Except for permitted educational purposes, wildlife possessed under a rehabilitation permit shall not come in contact with anyone other than the permittee and/or subpermittees, volunteers, licensed veterinarians, or the staff of licensed veterinarians.]
[(i) A permittee shall not allow the viewing, exhibit, or display to the public of animals possessed under a rehabilitation permit unless specifically authorized by permit provision.]
[(j) A permittee shall not conduct activities governed under this subchapter on the same property as a fur-bearing animal propagation facility or deer breeding facility unless specifically authorized in writing by the department.]
[(k) Non-releasable wildlife shall be euthanized except as provided by this subsection.]
[(1) Permission to retain non-releasable wildlife may be granted only to permittees who have at least three years’ experience as a permitted wildlife rehabilitator.]
[(2) The department may permit the retention of non-releasable wildlife for approved educational, fostering, or socialization purposes, or for transfer to zoological, scientific, or educational permittees. Requests must be made in writing to the department and no transfer shall take place until the department has approved the request. A request to retain non-releasable wildlife under this subsection shall include a statement from a licensed veterinarian that the animal is non-releasable and the reasons why the animal is non-releasable. The department will not authorize the retention of an animal that because of a disease or condition poses a danger to humans, other animals, or itself.]
[(l) Permittees possessing non-releasable raptors shall band the raptors with markers supplied by the department.]
(e)[(m)] Deer. Wildlife rehabilitation of white-tailed deer and mule deer is restricted to fawns only. No permittee or subpermittee may accept or possess a white-tailed or mule deer that is in adult pelage (no spots). All white-tailed or mule deer received by a permittee shall immediately be identified by the attachment to the pinna of either ear of:
(1) a Radio Frequency Identification Device (RFID) button tag approved by the department; and
(2) a "dangle" type tag bearing the unique identifier assigned to the deer by the department.
(3) The RFID tag required by this subsection must have an associated 15-digit animal identification number conforming to the 840 standards of the United States Department of Agriculture, which number shall be reported to the department in accordance with the applicable provisions of §65.92 of this title (relating to Reports and Recordkeeping).
(4) It is an offense for any person to remove or allow the removal of a tag required by this subsection from a living white-tailed or mule deer.
(5) A permittee or subpermittee who transfers a white-tailed or mule deer shall notify the administrator of the wildlife rehabilitation program at least 24 hours but not more than 48 hours prior to and following the completion of the transfer.
(6) Deer must be released, transferred, or euthanized by the end of the calendar year in which they were born or at the time they grow adult pelage, whichever occurs first.
(7) The department may require any deer held under a permit issued under this subchapter to be tested for chronic wasting disease.
[(n) All medical treatment, including vaccinations, shall be performed in consultation with a licensed veterinarian and in accordance with all applicable laws regarding extra-label use of medications and biologicals.]
(f)[(o)] Disposition of Euthanized Wildlife. Euthanized wildlife and wildlife that has died while under the care of a permittee shall be:
(1) transferred to a person authorized by law to receive such wildlife;
(2) disposed of in a Type 1 landfill; or
(3) interred or incinerated onsite in compliance with any applicable local, state, or federal law regarding animal carcass burial or disposal.
(4) Open-pit disposal and burn-pile incineration are prohibited.
(g)[(p)] Exceptions.
(1) Except as otherwise provided under Chapter 65, Subchapter B, of this title (relating to Disease Detection and Response), licensed veterinarians may hold, possess, and transport wildlife to provide emergency medical care or stabilization care until they are stabilized and able to be transferred, at which time the wildlife must be transferred to a permitted rehabilitator.
(2) This subchapter does not apply to department personnel, or transport by animal control officers or peace officers in the performance of official duties.
[(q) The department may temporarily waive any provision of this subchapter during a wildlife health crisis.]
[(r) The department may designate a manual process in lieu of any electronic application requirement of this subchapter if for whatever reason the electronic application is unavailable.]
§69.45. Permit Required; Permit Privileges.
(a) Except as may be otherwise provided by this subchapter, no person may possess wildlife for purposes of rehabilitation unless the person possesses a valid permit issued under the provisions of this subchapter, as follows.
(1) A Type A permit authorizes the permittee to supervise volunteers, but does not authorize a permittee to supervise subpermittees or conduct activities at satellite facilities.
(2) A Type B permit authorizes the permittee to supervise volunteers and no more than five subpermittees, but does not authorize the permittee to conduct permitted activities at any satellite facility. The department will not issue a Type B permit to any person unless that person is able to document a minimum of two years of experience as a permitted wildlife rehabilitator in Texas.
(3) A Type C permit authorizes the permittee to:
(A) supervise volunteers;
(B) supervise no more than 10 subpermittees: and
(C) conduct permitted activities at no more than five satellite facilities. The department will not issue a Type C permit to any person unless that person is able to document a minimum of five years of experience as a permitted wildlife rehabilitator in Texas.
(4) A Type D permit authorizes a permittee to:
(B) supervise any number of subpermittees; and
(C) conduct activities authorized under this subchapter at registered satellite facilities. The department will not issue a Type D permit to any person unless that person:
(i) is able to document a minimum of five years of experience as a permitted wildlife rehabilitator; and
(ii) is an employee of a Large Wildlife Rehabilitation Center.
[(b) Except as otherwise provided under Chapter 65, Subchapter B, of this title (relating to Disease Detection and Response), licensed veterinarians may hold, possess, and transport wildlife to provide emergency medical care or stabilization care until they are stabilized and able to be transferred, at which time the wildlife must be transferred to a permitted rehabilitator.]
(b)[(c)] A person may possess protected wildlife for rehabilitation purposes at a satellite facility, provided:
(1) the person is listed as a subpermittee on the valid permit of a supervisory permittee and possesses a copy of the valid permit at the satellite facility;
(A) the supervisory permittee has registered the facility with the department;
(B) the facility is in compliance with the facility standards set forth in §69.49 of this title (relating to General Facilities Standards) and any additional standards or requirements set forth in the permit provisions of the supervisory permittee; and
(C) the subpermittee engages only in the rehabilitation activities authorized by the department to be undertaken at the satellite facility, including but not limited to restrictions on numbers and kinds of animals, life stages, and any other restrictions deemed necessary by the department.
(2) A permittee who registers a satellite facility with the department shall be responsible for the conduct of the subpermittee at the satellite facility with respect to all activities governed under this subchapter and applicable permit provisions [and shall visit each satellite facility no less frequently than once per 120 days to verify that].
(3) No activities regulated under this subchapter shall take place at a registered satellite facility unless the supervisory permittee has personally inspected the satellite facility within the previous 120 days and documented in writing that [and shall ensure that no activities are conducted at a satellite facility unless the permittee has visited that satellite facility within the previous 120 days to verify that] the satellite facility is compliant with the provisions of this subchapter and applicable permit provisions. The department may prescribe alternatives to physical visitation for permittees with a demonstrated history of compliance.
(4)[(3)] The department will not authorize the registration of more than one satellite facility per subpermittee.
(5)[(4)] No person may be a subpermittee for more than one permittee.
(c) A permittee may not be a subpermittee on another individual’s permit.
(d) No permittee shall change facility location or receive unauthorized species, or conduct unauthorized activities unless the permittee possesses an amended permit authorizing such activity.
(e) Permits issued under this section may be issued for any period of time not exceeding three years from the date of issuance.
(f) The department may declare a wildlife health crisis in response to a disease outbreak or other conditions or circumstances that threatens wildlife species in the state. During a wildlife health crisis, the department may amend any permit provision (to include prohibition of the movement or transfer of wildlife into or from any facility) by emergency rule.
(g) No permittee shall possess an animal for longer than 365 days unless recommended in writing by a licensed veterinarian and specifically authorized in writing by the department.
§69.46. Application for Permit.
(a) An applicant for a permit under this subchapter must:
(1) be at least 18 years of age;
(2 ) have at least 800 hours of documented wildlife rehabilitation experience at any level; and
(3) have been either:
(A) a subpermittee in Texas for at least two years; or
(B) a permitted wildlife rehabilitator in another state for at least two years.
(4) The department will consider wildlife rehabilitation experience lawfully obtained under an equivalent permit issued by another state.
(b) The requirements of subsection (a) of this section do not apply to any person who, as of the effective date of this subsection, holds a valid wildlife rehabilitation permit issued by the department; however, a permittee who allows a permit to expire without renewal after the effective date of this subsection must comply with the provisions of subsection (a) of this section if that person seeks to obtain a permit again.
(c)[(b)] Applications shall be made on forms supplied or approved by the department. Incomplete applications will not be processed.
(d)[(c)] Applications must be accompanied by:
(1) a copy of the certificate of completion or similar documentation provided by the course provider, of at least 20 hours of training/coursework provided by or under the auspices of[, within the preceding three years, of a training course offered by] the International Wildlife Rehabilitation Coalition, the National Wildlife Rehabilitator’s Association, or other organization or entity approved by the department;
(2) a letter of recommendation from a [licensed veterinarian and/or] permitted wildlife rehabilitator with at least three years’ experience as a permitted wildlife rehabilitator attesting to personal knowledge of the applicant’s experience and competence at wildlife rehabilitation[who has known the applicant for at least two years]; and
(3) a test score of at least 80 percent [100]on a department-administered wildlife rehabilitation examination.
(4) a letter from a licensed veterinarian attesting willingness to provide, if the department issues a permit to the applicant, wildlife veterinary consultation services to the permittee .
(e)[(d)] Permits for the taking or holding of federally protected species shall not be valid unless the permittee also possesses a valid federal permit authorizing possession of those species.
(f)[(e)] Except for persons authorized to do so under the terms of zoological permits, no person holding a permit authorizing the propagation for sale of wildlife shall be authorized to rehabilitate those species.
§69.48. Permit Renewals.
(a) Renewal applications shall be made on a form provided by the department and shall be submitted with the annual or final quarterly report required by §69.52 of this title (relating to Notifications, Reports, and Recordkeeping) by no later than January 15 of each year.
(b) Renewal applications shall not be processed until the department has received all reports required by §69.52 of this title accompanied by evidence of at least one of the following:
(1) completion of at least eight hours per permit year of training or coursework provided by or under the auspices of [a training course offered by] the International Wildlife Rehabilitation Coalition, the National Wildlife Rehabilitator’s Association, or other department-approved organization or entity [within the preceding three years];
(2) a current Wildlife Rehabilitator Certification provided by the International Wildlife Rehabilitation Coalition; or
(3) attendance at a national wildlife rehabilitators conference within the preceding three years; and
(4) a letter from a licensed veterinarian attesting willingness to provide wildlife veterinary consultation services to the permittee.
(c) The department may deny a renewal as provided in Chapter 56[§69.47] of this title (relating to Agency Decision to Refuse License or Permit Issuance or Renewal and Agency Decision to Suspend or Revoke Affected License or Permit[Refusal of Permit Issuance or Renewal; Review)].
§69.49. General Facilities Standards.
(a) All facilities shall be subject to inspections by the department. A first-time applicant’s facilities shall be inspected by the department and no permit shall be issued until the facilities are determined to satisfy all of the applicable facilities standards of this subchapter.
(1) The department may specify individual caging requirements on a case-by-case basis.
(2) Clean water shall be available at all times except where medical circumstances require the temporary denial of water.
(3) Feces and waste materials shall be removed on a daily basis except for species which normally re-ingest fecal material.
(4) Cages shall be cleaned and disinfected using non-irritating methods.
(5) A person authorized by permit shall observe and provide care for wildlife at least once daily unless otherwise specified by the permit.
(b) The department will not allow the registration of any facility located in a domestic residence that shares air handling equipment or access to water, housing or exercise space, or food in common with another domestic residence (e.g., apartments, duplexes, townhomes, etc.).
(c)[(b)] White-tailed deer and mule deer held under a permit issued under this subchapter shall be confined at all times within a department-approved enclosure (indoor, outdoor, or both) that is constructed in such a fashion as to prevent both escape and contact with other deer or susceptible species as defined in Chapter 65, Subchapter B, of this title (relating to Disease Detection and Response). The department will not authorize the rehabilitation of deer by a permittee if the permittee’s facility is not in compliance with this subsection.
§69.52. Notifications, Reports, and Recordkeeping.
(a) At each registered facility for which a permittee is responsible, the[Each] permittee [and each subpermittee who operates a satellite facility] shall maintain, on a form provided or approved by the department:
(1) a daily log of all animals acquired or received for rehabilitation. The daily log shall, at a minimum, consist of the following:
(A) the species and sex (if possible) of each animal acquired or received;
(B) the date and time that each animal was acquired or received;
(C) the name, address, phone number, and, if possible, an email address for each person from whom an animal is acquired or received;
(D) the approximate or exact geographical location where each animal was found before being acquired or obtained;
(E) a reference identifier assigned to the wildlife;
(F) the RFID tag number assigned to a white-tailed or mule deer; and
(G) final disposition data for each animal, including:
(i) the cause of final disposition;
(ii) the date and time of final disposition; and
(iii) the method and location of disposition, including but not limited to:
(I) GPS coordinates for any release location;
(II) the name, address, phone number, and email address of the landowner of a property where wildlife is released; and
(III) the name, address, phone number, email address, and permit number (if applicable) of any person to whom wildlife is transferred, if wildlife is transferred; and
(2) a daily log of all volunteers who engage in permitted activities at the permittee’s facility. The daily volunteer log shall record:
(A) the first and last name of each volunteer;
(B) a valid phone number and email address for each volunteer;
(C) the date the volunteer arrived at the facility;
(D) the time the volunteer arrived at the facility; and
(E) the time the volunteer departed the facility; and
(3) if authorized to conduct activities at a satellite facility, documentation of facility inspections required by §69.45(b)(2) of this title.
(b) Except as specified in subsection (c) of this section for permittees authorized to possess deer, a[Each] permittee [and each subpermittee who operates a satellite facility] shall complete and submit [quarterly reports] to the administrator of the department’s rehabilitation program an annual report documenting all permitted activities conducted by all individuals listed on the permit, including activities conducted by subpermittees at satellite facilities. The report shall be submitted by January 15 of each year[until the department designates an electronic application for that purpose, at which time the quarterly reports required by this section shall be filed via electronic application. The reports required by this section must be received by the department by January 15, April 15, July 15, and October 15 of each year.]
[(1) For permittees, the reports shall include the activities conducted at the permittee’s registered facility] by all individuals listed on the permit, not to include activities conducted by subpermittees at satellite facilities.]
[(2) For subpermittees who operate a satellite facility, the report shall include the activities conducted at the satellite facility.]
(c) Permittees authorized to possess deer are not required to submit an annual report but instead shall complete and submit quarterly reports to the administrator of the department’s rehabilitation program documenting all permitted activities conducted by all individuals listed on the permit, including activities conducted by subpermittees at satellite facilities. The reports required by this subsection must be received by the department by no later than January 15, April 15, July 15, and October 15 of each year.
(d) A separate report is required for each facility registered under the permittee’s name.
(e) The reports required by this subsection shall be submitted to the department via an electronic application designated by the department for that purpose.
(f)[(3)] The [quarterly] reports required by this section must be filed even if no permitted activities took place during the reporting[quarterly] period.
(g)[(c)] The following shall be retained at the permitted facility and kept available for inspection by the department for a period of two years from generation:
(1) copies of all reports required by this section;
(2) the daily logs required by this section; and
(3) the written landowner permission to release wildlife required under the provisions of 69.51(g) of this title (relating to Release of Rehabilitated Wildlife).
(h) Within 10 days of the effective date of this subsection or the issuance of a permit under this subchapter, as applicable, a permittee shall notify the appropriate local animal control authority of the existence and location of each registered facility that is operated by the permittee within the jurisdiction of the local animal control authority. Upon the notification required by this subsection, the appropriate local animal control authority shall provide written acknowledgment of the notification, which shall be maintained at each registered facility for inspection by department personnel.
(i)[(d)] The registrations, reports, and notifications required by this subchapter shall be submitted via email to the administrator of the department’s wildlife rehabilitation program until the department designates an electronic application for that purpose, at which time all reports and notifications shall be filed via the electronic application.
(j) A permittee shall notify the department within 24 hours of learning, discovering, or being informed that a reportable disease is confirmed to exist in an animal or within a facility for which the permittee is responsible.
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
The repeal is proposed under Parks and Wildlife Code, §43.022, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation and authorizes the department to issue a permit to a qualified person to collect, hold, possess, display, transport, release, or propagate protected wildlife for scientific research, educational display, zoological collection, or rehabilitation.
The proposed repeal affects Parks and Wildlife Code, Chapter 43, Subchapter C.
§69.47. Refusal of Permit Issuance or Renewal; Review.
This department hereby certifies that the repeal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Wildlife Rehabilitation Rules - Recommended Adoption of Proposed Changes
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