CWD Equal Protection Act

A BILL TO BE ENTITLED
AN ACT

Relating to the preservation and utilization of captive cervid herds; establishing the Genetic Resistance Breeding Program; prohibiting the depopulation of participating deer breeding facilities by the Texas Parks and Wildlife Department; providing financial support for the program; and recognizing captive deer farmers as vital defenders against CWD, this legislation establishes a cooperative framework between private agriculture and state agencies to propagate disease-resilient traits.

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

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SECTION 1. SHORT TITLE

This Act shall be known and may be cited as the CWD Equal Protection Act

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SECTION 2. LEGISLATIVE FINDINGS AND PURPOSE

The Legislature finds that:

1. Captive deer farmers act as crucial defenders against Chronic Wasting Disease (CWD) through mandatory 100% herd surveillance, closed-herd biosecurity, and advanced genomic selection.

2. Scientific research demonstrates the efficacy of genetic management in mitigating Chronic Wasting Disease susceptibility in captive deer populations. .

3. Natural selection toward CWD resistance in wild populations can take over a century; however, captive breeding facilities can accelerate this critical evolutionary shift within a few generations.

4. Total herd depopulation of captive facilities undermines long-term genetic solutions, destroys viable breeding infrastructure, and financially devastates rural agricultural operations including the loss of naturally resistant deer when total depopulations occur.

 

SECTION 3. DEFINITIONS

In this Act:

1. "Department" means the Texas Parks and Wildlife Department.

2. "Program" means the Genetic Resistance Breeding Program.

3. "Resistant Deer" In Seabury et al. 2020, CWD-resistant white-tailed deer are defined by a statistical threshold of low genetic vulnerability, featuring a highly negative Genomically Estimated Breeding Value (GEBV) ≤ -0.0560 alongside the PRNP 96SS genotype. This definition focuses on reduced susceptibility rather than absolute immunity, with validated, highly resistant deer showing a less than 1% chance of testing positive in high-prevalence environments.

4. "Depopulation" means the systemic killing or slaughter of an entire herd within a permitted facility.

 

SECTION 4. THE GENETIC RESISTANCE BREEDING PROGRAM

1. Establishment: The Department, in cooperation with the Texas Animal Health Commission, shall establish the Genetic Resistance Breeding Program under the direction of Dr. Christopher M. Seabury.

2. Eligibility: Any person holding a valid deer breeder permit in the State of Texas is eligible to participate.

3. Reinstatement Provision: Any individual or facility whose deer breeder permit was previously revoked or suspended due to a CWD-positive detection, or whose herd was depopulated, shall be eligible to apply for and receive a new deer breeder permit specifically to participate in this Program.

4. The Breeding Program:  The State of Texas, in coordination with the Genetic Resistance Breeding Director and  wildlife management agencies, shall establish the Genetic Resistance Breeding Program.

 

• These genetic discoveries provide a viable, scientifically validated foundation for a genomic-based breeding and eradication strategy.

 

• The Program shall utilize high-density SNP arrays and genomic linear prediction models to identify and certify farmed white-tailed deer with low-susceptibility genetic profiles.

 

• Develop in coordination with the Genetic Resistance Breeding Director, breeding guidelines and herd plans to naturally increase herd resistance to CWD.

 

• Replace indiscriminate herd depopulation with selective, genetics-based herd management.

 

SECTION 5. PROHIBITION ON DEPOPULATION

1. Exemption from Herd Destruction: Notwithstanding any other law, the Department is strictly prohibited from ordering or executing the depopulation of a deer breeding facility participating in the Program.

2. Localized Containment Protocol: In the event that a deer tests positive for CWD within a participating facility:

   • Only the individual animal testing positive for CWD shall be removed and destroyed.

   • The remaining herd shall not be destroyed, provided the facility continues to actively breed for the CWD resistant variant and complies with the testing requirements of Section 6.

 

SECTION 6. MOVEMENT, LIVE TESTING, AND SURVEILLANCE

1. Eased Movement Restrictions: Certified Resistant Deer from participating facilities shall benefit from expedited transit permits and eased movement restrictions to hunting operations, preserves, and other permitted facilities.

2. Mandatory Live Testing: Prior to the movement or transfer of any deer from a participating facility, including Certified Resistant Deer, the animal must undergo and pass the rectal test for Chronic Wasting Disease (CWD). The procedure known as a rectal mucosa biopsy or RAMALT (Rectal-Anal Mucosa-Associated Lymphoid Tissue) test.

3. Mandatory 100% Post-Mortem Surveillance: Participating facilities must continue 100% post-mortem testing. A tissue sample must be submitted for CWD testing from every animal over the age of 12 months that dies within the facility from any cause.

 

SECTION 7. LEGAL SAFEGUARDS AND FACILITY COMPLIANCE

1. Compliance Requirements for Program Maintenance: To retain active status in the Program and maintain exemption from herd depopulation under Section 5, a participating facility must strictly adhere to the following operational standards:

   • Biosecurity Infrastructure: The facility must design, manage, and maintain biosecurity measures to provide optimal environmental conditions that promote the peak physical health, immune resilience, and overall well-being of the captive herd.

   • Genetic Progression Standard: The facility will implement a progressive breeding program aimed at increasing the presence of the 96S allele variant across successive generations. Rather than adhering to fixed calendar deadlines, genetic advancement will be guided by natural reproductive cycles, herd health, and the preservation of genetic diversity. The breeder will regularly verify this genetic progress through recognized laboratory testing as mature offspring enter the active breeding herd, ensuring sustainable herd management without compromising animal welfare or facility viability.

   • Traceability and Record-Keeping: Every animal within the facility must be uniquely identified with an electronic official identification tag (RFID) and a secondary high-visibility visual ear tag. The breeder must maintain comprehensive records of all births, genetic profiles, transfers, and mortalities, accessible to the Director upon request.

2. Violations and Revocation of Exemptions: A participating facility shall immediately lose its exemption from herd depopulation and be removed from the Program if the Director, following a formal investigation and written notice, finds evidence of any of the following material violations:

   • Failure to Report Mortalities: Intentionally failing to report the death of any cervid over twelve (12) months of age or failing to submit required tissue samples for 100% post-mortem surveillance within thirty (30) days of discovery.

   • Illegal Movement: Moving any live cervid into or out of the facility without a verified negative antemortem CWD test and a Department-issued transit permit.

   • Fraudulent Genetic Reporting: Falsifying or tampering with genomic laboratory results, tissue samples, and official animal identification records.

3. Due Process and Right to Appeal:

   • Upon discovering a material violation, the Department must issue a written Notice of Non-Compliance outlining the specific violation and the corrective actions required.

   • The breeder shall have thirty (30) business days from the receipt of the notice to cure the violation or file a formal administrative appeal with the State Office of Administrative Hearings (SOAH).

   • No depopulation actions or permit revocations may be executed by the Department while an administrative appeal or subsequent judicial review is pending, provided the facility remains under strict localized quarantine.

 

SECTION 8. REPEALER

All laws, rules, or parts of laws and rules in conflict with this Act are hereby repealed to the extent of such conflict. Specifically, any provisions within the Texas Parks and Wildlife Code or the Texas Administrative Code granting the Department authority to order mandatory herd depopulation for Chronic Wasting Disease within facilities participating in the Program are superseded by this Act.

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SECTION 9. SEVERABILITY

If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

 

SECTION 10. EVALUATION AND SUNSET CLAUSE

1. Joint Legislative Review Committee: There is hereby established the Joint Legislative Review Committee on Cervid Genomic Resistance, consisting of three members of the Senate appointed by the Lieutenant Governor and three members of the House of Representatives appointed by the Speaker of the House. The Committee shall meet biennially to review the efficacy, funding, and biological impacts of the Program.

2. Mandatory Reporting Requirements: On or before _______________, ____, ______ the Department, in coordination with the Texas Animal Health Commission and accredited state genomic laboratories, shall submit a comprehensive evaluation report to the Governor, the Lieutenant Governor, the Speaker of the House, and the Joint Legislative Review Committee. The report must include:

   • The total number of Certified Resistant Deer bred and released.

   • Measurable shifts in the prevalence of the 96S allele within captive herds.

   • The total numbers of CWD-positive detections and successfully contained incidents within participating facilities versus non-participating facilities.

3. Sunset Provision: The Genetic Resistance Breeding Program and all associated provisions under this Act shall expire on _______________, ________, ___________, unless continued in operation by an act of the Legislature. Prior to the sunset date, the Joint Legislative Review Committee shall issue a recommendation on whether to permanently codify, amend, or terminate the Program based on its proven impact on wild herd immunity and agricultural stability.

 

SECTION 11. EFFECTIVE DATE

This Act takes effect ___________, _____, ____________.