Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,964

                                
(I) CWD test results of "not detected" have been
returned from an accredited test facility on all eligible mortalities that
occurred within the facility within the preceding five-year period;
(II) the facility has obtained Level "C" status as
defined by 4 TAC 40.3 (relating to Herd Status Plans for Cervidae);
and
(III) the department has confirmed that the herd
inventory record maintained by the department is accurate; or
(ii) transport, authorize the transport, or cause the
transport of a susceptible species into an HRZ unless:
(I) the requirements of clause (i)(I) - (III) of this
subparagraph have been met; and
(II) the susceptible species are transported to a
deer breeder facility permitted under Parks and Wildlife Code, Chapter
43, Subchapter L.
(C) No person shall liberate a susceptible species within
an HRZ.
(D) Deer that escape from deer breeder facility within
an HRZ may not be recaptured.
65.83. Buffer Zones.
The areas described in paragraph (1) of this section are BZs.
(1) Buffer Zones.
(A) Buffer Zone 1: That portion of the state not within
a CZ or HRZ and lying west of a line beginning where U.S. Highway
(U.S.) 67 meets the Rio Grande in Presidio County; thence northeast
along U.S. 67 to State Highway (S.H.) 349 in Upton County; thence
north along S.H. 349 to S.H. 137 in Dawson County; thence northwest
along S.H. 137 to U.S. 385 in Terry County; thence north along U.S.
385 to Farm to Market Road (F.M.) 145 in Castro County; thence west
along F.M. 145 to U.S. 84 in Parmer County; thence northwest along
U.S. 84 to the Texas-New Mexico border.
(B) Existing BZs may be modified and additional BZs
may be designated as necessary by the executive director as provided
in 65.84 of this title (relating to Powers and Duties of the Executive
Director).
(2) Restrictions.
(A) No person shall introduce, remove, authorize the
introduction or removal, or cause the introduction or removal of a live
susceptible species into or from a deer breeder facility permitted under
the provisions of Parks and Wildlife Code, Chapter 43, Subchapter L,
that is located in a BZ unless:
(i) the facility is "movement qualified" under the
provisions of 65.604 of this title (relating to Disease Monitoring);
(ii) CWD test results of "not detected" have been re-
turned from an accredited test facility on at least 50% of all eligible
mortalities that occurred within the facility on or after January 1, 2013;
(iii) zero CWD test results of "detected" have been
returned from an accredited test facility for any susceptible species sub-
mitted for testing; and
(iv) the department has confirmed that the herd in-
ventory record maintained by the department is accurate.
(B) The department will not authorize the trapping of
susceptible species in a BZ unless:

(i) a minimum of 30 test results of "not detected"
have been returned from an accredited test facility for adult deer of the
species to be trapped, obtained from the trap site; and
(ii) zero CWD test results of "detected" have been
returned from an accredited test facility for adult deer of any susceptible
species.
(C) The department will regulate activities involving
susceptible species under permits issued under Parks and Wildlife
Code, Chapter 43, Subchapter C, under the conditions of the permit.
65.84. Powers and Duties of the Executive Director.
(a) The executive director may designate any geographic area
in this state a CZ, HRZ, or BZ if the area meets the applicable definition
set forth in 65.80 of this title (relating to Definitions).
(b) The executive director shall notify the presiding officer of
the commission prior to taking any action under the provisions of sub-
section (a) of this section.
(c) The executive director shall ensure that the department
makes a reasonable effort to provide public notice in the event that a
CZ, HRZ, or BZ is declared.
(d) The designation of a CZ, HRZ, or BZ under the provisions
of subsection (a) of this section is:
(1) effective immediately; and
(2) applicable to all permits issued under the provisions of
Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, R, and R-1.
(e) The department shall initiate rulemaking to adopt any CZ,
HRZ, or BZ designated by the executive director as soon as practicable.
65.85. Mandatory Check Stations.
(a) The department may establish mandatory check stations in
any CZ, HRZ, or BZ for the purpose of collecting biologic information
on susceptible species taken within a CZ, HRZ, or BZ.
(b) In a CZ, HRZ, or BZ where mandatory check stations have
been established, the intact, unfrozen head of any susceptible species
that has been killed must be presented to a designated check station
within 24 hours of take by the person or representative of the person
who killed the susceptible species, unless otherwise authorized in writ-
ing by department personnel.
(c) The department will issue documentation for each speci-
men of a susceptible species that is presented at a check station. The
department-issued documentation must remain with the specimen until
it reaches the possessor's final destination.
(d) A person who fails or refuses to comply with this section
commits an offense.
65.86. Preemption.
To the extent a provision of this subchapter conflicts with a provision
of another subchapter of this chapter, this subchapter controls.
65.87. Exception.
The department may waive any provision of this subchapter as neces-
sary for the holder of a scientific research permit when the proposed
research is determined to be of use in advancing the understanding of
the etiology of CWD in susceptible species.
,65.88. Penalties.
A person who violates any provision of this subchapter commits an
offense and is subject to the penalties prescribed by Parks and Wildlife

37 TexReg 7964  October 5, 2012  Texas Register