PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 51. EXECUTIVE

SUBCHAPTER D. EDUCATION

31 TAC §51.81

The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §51.81, concerning Mandatory Boater Education.

House Bill 2755, enacted by the most recent session of the Texas Legislature, amended Parks and Wildlife Code, §31.108 to require the commission to adopt rules to "approve boater education courses that meet or exceed the minimum instruction requirement established by the National Association of State Boating Law Administrators on or after January 1, 2016." Accordingly, the proposed amendment to §51.81 would alter current rules to require all boater education courses to satisfy the minimum national standards adopted by the National Association of State Boating Law Administrators in effect on June 1, 2022 in order to be approved by the department.

Assistant Commander Cody Jones, Boating Law Administrator, 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 government as a result of administering the rule.

There will be no impact on persons required to comply with the rule as proposed.

Mr. Jones also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be compliance with the directives of the legislature.

Under 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 and micro-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 the proposed rule will not result in any direct economic costs to any small businesses, micro-businesses, or rural community; therefore, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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.

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

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.

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 neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of a fee; not create a new regulation; not expand an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Assistant Commander Cody Jones, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4624; email: cody.jones@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The amendment is proposed under the provisions of Parks and Wildlife Code, §31.108, as amended by House Bill 2755 enacted by 88th Texas Legislature (RS), which requires the commission to approve boater education courses that meet or exceed the minimum instruction requirement established by the National Association of State Boating Law Administrators on or after January 1, 2016.

The proposed amendment affects Parks and Wildlife Code, Chapter 31.

§51.81.Mandatory Boater Education.

(a) All courses approved for certification and equivalency exam processes must be approved by the department and must satisfy the minimum national standards adopted by the National Association of State Boating Law Administrators in effect on June 1, 2022 [using minimum national standards as means of approval].

(b) - (i) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 10, 2023.

TRD-202302470

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 20, 2023

For further information, please call: (512) 389-4775

31 TAC §51.615

The Texas Parks and Wildlife Department proposes new §51.615, concerning the Boating and Waterways Advisory Committee (BWAC).

Parks and Wildlife Code, §11.0162, authorizes the Chairman of the Texas Parks and Wildlife Commission (the Commission) to "appoint committees to advise the commission on issues under its jurisdiction." Under Parks and Wildlife Code, Chapter 31, the legislature has designated TPWD as the primary regulatory agency for boating and boating safety. Government Code, Chapter 2110, requires each state agency to adopt rules regarding advisory committees. Unless otherwise specifically provided by statute, the rules must (1) state the purpose of the committee; (2) describe the manner in which the committee will report to the agency; and (3) establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute. Under this authority, the Commission has established a number of advisory committees to provide the department with informed opinion regarding various aspects and dimensions of the department's mission. These advisory committees perform a valuable service for the department and the people of Texas.

The department is the primary state agency responsible for water safety and boating regulation. Staff have determined that the creation of an advisory board for matters concerning boating and waterways would be helpful in assisting the department and the commission in determining and executing appropriate strategies to maximize public safety and public enjoyment with respect to boating in this state.

Assistant Commander Cody Jones, Boating Law Administrator, 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 government as a result of administering the rule.

There will be no impact on persons required to comply with the rule as proposed.

Mr. Jones also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be the enhancement of department and commission decision-making with respect to regulation of boating and water safety.

Under 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 and micro-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 the proposed rule will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, the department has determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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.

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

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.

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 neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of a fee; create a new regulation (creating an advisory committee); not expand an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed new rule may be submitted to Assistant Commander Cody Jones, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4624; email: cody.jones@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The new rule is proposed under the provisions of Parks and Wildlife Code, §31.108 as amended by House Bill Government Code, Chapter 2110, which requires the adoption of rules regarding state agency advisory committee.

The proposed new rule affects Government Code, Chapter 2110.

§51.615.Boating and Waterways Advisory Committee (BWAC).

(a) The BWAC is created to advise the department on all matters pertaining to waterway and boating programs in Texas.

(b) The BWAC shall be composed of up to 24 members of the public who have an interest in boating, waterways, and water safety in Texas.

(c) The BWAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).

(d) The BWAC shall expire on July 1, 2026.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 10, 2023.

TRD-202302472

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 20, 2023

For further information, please call: (512) 389-4775

SUBCHAPTER J. FISH PASS PROCLAMATION

31 TAC §57.901

The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §57.901, concerning Prohibited Acts.

The proposed amendment would retitle the section to more accurately reflect its content and clarify the delineation of restricted areas within the Cedar Bayou Fish Pass. Cedar Bayou is a natural channel that connects Mesquite Bay to the Gulf of Mexico and functions as a migratory path for various aquatic species to and from the estuary. In 1939, the Texas Legislature prohibited the operation, possession, or mooring of vessels and the placement of pilings, wires, ropes, cables, nets, traps or other obstructions within 2,800 feet of the point where a fish pass connects with the Gulf of Mexico or connects with an inland bay, and further required this restricted area to be permanently marked. Cedar Bayou has been periodically dredged and maintained since that time and the department has erected signs indicating that Cedar Bayou is a fish pass.

The 75th Texas Legislature in 1997 amended Parks and Wildlife Code, §66.204, to specifically authorize the commission to "regulate the placement of obstructions, traps, and mooring in fish passes and the marking of restricted areas in any natural or artificial pass that is opened, reopened, dredged, excavated, constructed, or maintained by the department as a fish pass between the Gulf of Mexico and an inland bay." Consequently, the commission promulgated the current rule in 1998. The department has determined that the current rule should be amended to make it clear that "fish pass" and "restricted area" are not synonymous terms; therefore, the proposed amendment would add new subsection (b) to make it clear that the restricted area within the fish pass where no vessels are allowed is distinct from the remainder of the fish pass where vessels may not be anchored or moored for a period exceeding two consecutive days.

Robert Macdonald, Regulations Coordinator, 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 government as a result of enforcing or administering the rule as proposed.

Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be clarity of department regulations.

Under 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 and micro-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 a determined that because the rule as proposed does not directly regulate any small business, microbusiness, or rural community, there will be no adverse economic impact on small businesses, microbusinesses, or rural communities as a result of the proposed rule.

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.

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

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.

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 neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of a fee; create a new regulation; not expand an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Assistant Commander Les Casterline, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4853; email: le.fisheries@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The amendment is proposed under Parks and Wildlife Code, §66.204, which authorizes the commission to make ruled governing the placement of obstructions, traps, and mooring in fish passes and the marking of restricted areas in any natural or artificial pass that is opened, reopened, dredged, excavated, constructed, or maintained by the department as a fish pass between the Gulf of Mexico and an inland bay.

The proposed amendment affects Parks and Wildlife Code, Chapter66.

§57.901.Cedar Bayou Fish Pass [Prohibited Acts].

(a) Within the distance inside [area in] Cedar Bayou between [a Department sign erected] where Mesquite Bay flows into Cedar Bayou and a "No Vessels" marker or [the Department] sign erected by the department near the point where Cedar Bayou [the pass] empties into the Gulf of Mexico, it is an offense to [unlawful]:

(1) [to] place any type of trap; or

(2) anchor or moor a vessel, barge, or structure for a period exceeding two consecutive days.

(b) The distance inside Cedar Bayou from the mouth of the pass where it empties into the Gulf of Mexico to a "No Vessels" marker or sign erected by the department is designated as a restricted area subject to the provisions of Parks and Wildlife Code, §66.204(b).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 10, 2023.

TRD-202302471

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 20, 2023

For further information, please call: (512) 389-4775

DIVISION 1. GENERAL PROVISIONS

31 TAC §57.979

The Texas Parks and Wildlife Department proposes new 31 TAC §57.979, concerning Unlawful Possession of Shark Fins.

The proposed new rule would prescribe the process to be followed at a restaurant or place of business for treating shark fins to render them inedible and thus unfit for illicit commercial purposes.

The Texas Legislature during the most recent regular session enacted Senate Bill (S.B.) 1839, which addresses the unlawful sale and purchase of shark fins and products derived from shark fins. "Shark finning" is the act of removing a shark's fins and discarding the rest of the animal, often while it is still alive, leaving the animal to slowly die because it can no longer swim. The practice of shark finning is widely considered to be barbaric and wasteful, and it is illegal in Texas under current law (Texas Parks and Wildlife Code, §66.2161) and in many other states and countries as well. There is a significant commercial demand for shark fins and related products as foodstuffs, which, because the practice is illegal, has resulted in a lucrative opportunity for unscrupulous persons to engage in criminal activity at the expense of a public resource. In light of documented evidence that the practice continues to be common in Texas, the legislature determined that current statutory provisions regarding shark finning are problematic with respect to prosecution and insufficient in terms of deterrence. S.B. 1839 is intended to address the situation by, among other things, increasing penalties for violation and requiring persons in a place of business or restaurant to immediately destroy and discard shark fins while processing sharks for eventual sale. The bill delegates rulemaking authority to the commission to prescribe the particulars of the process by which shark fins are to be denatured (i.e., destroyed) and discarded.

The proposed new rule would stipulate that a shark fin must be destroyed by immersion in chlorine bleach, acid, or other such chemical or chemical solution for a period of time sufficient to render the shark fin inedible or otherwise unfit for human consumption. The proposed rule also would require destroyed shark fins and shark fin parts to be lawfully disposed of at a landfill or disposal site authorized by the Texas Commission of Environmental Quality to accept such materials, which would include waste removal services provided by third parties.

Robert Macdonald, Regulations Coordinator, 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 the department as a result of administering or enforcing the rule.

There will be no effect on persons required to comply with the rule as proposed.

Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be the protection of a public resource from exploitation by unscrupulous persons.

Under 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 and micro-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 because the rule directly regulates restaurants and places of business, there will be an adverse economic impact on any such business that qualifies as a small business or microbusiness under the provisions of Government Code, Chapter 2006; however, the cost of compliance is a result of legislative action and not the rulemaking. The department considers that the requirement for shark fins to be rendered inedible is imposed by statute and not by rule and that the proposed new rule merely specifies the process for such destruction. Nevertheless, the department has determined that such costs will be minimal, consisting of the cost of purchasing denaturing agents and the disposal of denatured shark fins, costs that all restaurants and similar places of business already incur in the course of normal operations in compliance with other regulatory requirements, such as public health and sanitation codes.

There will be no adverse economic impact on rural communities as a result of the proposed rule, as the rule will not directly regulate any rural community.

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.

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

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.

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, neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of a fee; create a new regulation (specifying the process for denaturing and disposing of shark fins); not expand an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Assistant Commander Les Casterline, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4853; email: le.fisheries@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The new rule is proposed under the provisions of Senate Bill 1839 of the 88th Texas Legislature (Regular Session), which amended Parks and Wildlife Code, §66.2161 to authorize the commission to promulgate rules stipulating the method and circumstances for the destruction and disposal of shark fins at a restaurant or place of business.

The proposed new rule affects Parks and Wildlife Code, Chapter 66.

§57.979.Unlawful Possession of Shark Fins.

(a) It is unlawful for any person to, upon detaching a shark fin from a shark that is lawfully possessed and being processed in a restaurant or place of business, fail to immediately destroy the shark fin as prescribed in this section. Destroyed shark fins shall be lawfully disposed of, either by a contracted waste removal service or by direct transport to a landfill or waste facility permitted by the Texas Commission on Environmental Quality to receive such material.

(b) In this section, the following terms shall have the following meanings,

(1) Destroy--to treat a shark fin by immersion in chlorine bleach, acid, or other such chemical or chemical solution for a period of time sufficient to render the shark fin inedible or otherwise unfit for human consumption.

(2) Immediately--At once, without delay, promptly.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 10, 2023.

TRD-202302467

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 20, 2023

For further information, please call: (512) 389-4775

SUBCHAPTER A. PARK ENTRANCE AND PARK USER FEES

31 TAC §59.3

The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §59.3, concerning Park Entry Passes. The proposed amendment would implement the provisions of House Bill (H.B.) 1740, enacted during the most recent regular session of the Texas Legislature. H.B. 1740 amended Texas Parks and Wildlife Code, §13.018, to require the department to issue a state parklands passport ("passport") at no charge to additional categories of persons.

Prior to the enactment of H.B. 1740, the department was required under Parks and Wildlife Code, §13.018, to issue a passport free of charge to qualified individuals, defined as Texas residents 65 years old or over; members of the United States armed forces on active duty who are 65 years old or over; veterans of the armed services of the United States who, as a result of military service, have a service-connected disability consisting of either the loss of the use of a lower extremity or a 60 percent disability rating and who are receiving compensation from the United States because of the disability; and individuals who have a physical or mental impairment that substantially limits one or more major life activities. H.B. 1740 amended Parks and Wildlife Code, §13.018 to include any person who is an honorably discharged veteran of the United States armed services, a member of the United States armed services on active duty, or the surviving spouse, parent, child, or sibling of a person who died while serving in the United States armed services. The proposed amendment would effect those changes in department rules, while making changes as necessary to remove conflicts with existing rule language.

Tim Bradle, Director of State Parks Business Management, has determined that for each of the first five years that the rule as proposed is in effect, there will be fiscal implications to the department as a result of administering the rule; however, because the rule recapitulates statutory provisions that the commission cannot alter or eliminate, any fiscal impacts are the therefore the result of legislative action and not an action of the commission. There will be no fiscal implications to other units of state or local government.

There will be no effect on persons required to comply with the rule as proposed, as the rule does not mandate compliance by any person.

Mr. Bradle also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be rules that are consistent with the directives of the Texas Legislature.

Under 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 and micro-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 because the proposed rule affects only certain categories of visitors to state parks, there will be no direct effect on small businesses, micro-businesses, or rural communities. On this basis, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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.

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

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.

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 neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of a fee; not create a new regulation; will expand an existing regulation (by creating new classes of persons eligible to receive a parklands passport at no charge); neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Tim Bradle, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8560; email: timothy.bradle@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The amendment is proposed under Parks and Wildlife Code, §13.018, which requires the commission to establish by rule the eligibility requirements and privileges available to the holder of a state parklands passport.

The proposed amendment affects Parks and Wildlife Code, Chapter 13.

§59.3.Park Entry Passes.

Parks entry passes authorize entry privileges to parks where entry fees apply but are not valid for activity or other applicable fees.

(1) - (2) (No change.)

(3) State Parklands Passport. A state parklands passport shall be issued at no cost to any person meeting the criteria established by Parks and Wildlife Code, §13.018. For the purposes of this paragraph, "accompanying" means entering a park simultaneously with the passport holder.

(A) (No change.)

(B) A state parklands passport issued to a person in a category listed in this subparagraph authorizes the entry of the person to any state park without payment of an individual entrance fee but does not waive or reduce the entrance fee for any person accompanying the passport holder:

(i) an honorably discharged veteran of the United States armed services;

(ii) a member of the United States armed services on active duty;

(iii) the surviving spouse, parent, child, or sibling of a person who died while serving in the United States armed services;

(C) [(B)] To be eligible for issuance of a state parklands passport under the provisions of Parks and Wildlife Code, §13.018(a)(3), a person must submit government-issued personal identification and one of the following:

(i) - (ii) (No change.)

(D) [(C)] A state parklands passport issued to a person in a category listed in this subparagraph who does not otherwise qualify under subparagraph (A) or (B) of this paragraph authorizes the entry of the person to any state park upon payment of 50% of the posted entrance fee for the park, rounded to the nearest higher whole dollar, which shall also apply to one person accompanying and providing assistance to the passport holder.

(i) a Texas resident whose birth date is after August 31, 1930; or

[(ii) a member of the United States armed forces on active duty who is 65 years old or over; or]

(ii) [(iii)] an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual.

(E) [(D)] A parklands passport is nontransferable.

(F) [(E)] The department may collect a fee for a replacement state parklands passport.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 10, 2023.

TRD-202302469

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 20, 2023

For further information, please call: (512) 389-4775

SUBCHAPTER B. DISEASE DETECTION AND RESPONSE

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§65.81, 65.82, and 65.99, concerning Disease Detection and Response.

The proposed amendments would function collectively to refine surveillance efforts as part of the agency's effort to manage chronic wasting disease (CWD).

Chronic wasting disease (CWD) is a fatal neurodegenerative disorder that affects some cervid species, including white-tailed deer, mule deer, elk, red deer, sika, and their hybrids (referred to collectively as susceptible species). It is classified as a TSE (transmissible spongiform encephalopathy), a family of diseases that includes scrapie (found in sheep), bovine spongiform encephalopathy (BSE, found in cattle and commonly known as "Mad Cow Disease"), and variant Creutzfeldt-Jakob Disease (vCJD) in humans.

Much remains unknown about CWD, although robust efforts to increase knowledge are underway in many states and countries. The peculiarities of its transmission (how it is passed from animal to animal), infection rate (the frequency of occurrence through time or other comparative standard), incubation period (the time from exposure to clinical manifestation), and potential for transmission to other species are still being investigated. Currently, there is scientific evidence to suggest that CWD has zoonotic potential; however, no confirmed cases of CWD have been found in humans. Consequently, both the Centers for Disease Control and Prevention and the World Health Organization strongly recommend testing animals taken in areas where CWD exists, and if positive, recommend not consuming the meat. What is known is that CWD is invariably fatal to certain species of cervids and is transmitted both directly (through animal-to-animal contact) and indirectly (through environmental contamination). If CWD is not contained and controlled, the implications of the disease for Texas and its multi-billion-dollar ranching, hunting, wildlife management, and real estate economies could be significant.

The department has engaged in several rulemakings over the years to address the threat posed by CWD, including rules to designate a system of zones in areas where CWD has been confirmed or could reasonably be expected. The purpose of those CWD zones is to determine the geographic extent and prevalence of the disease while containing it by limiting the unnatural movement of live CWD-susceptible species as well as the movement of carcass parts.

The department's response to the emergence of CWD in captive and free-ranging populations is guided by the department's CWD Management Plan (Plan) https://tpwd.texas.gov/huntwild/wild/diseases/cwd/plan.phtml. Developed in 2012 in consultation with the Texas Animal Health Commission (TAHC), other governmental entities and conservation organizations, and various advisory groups consisting of landowners, hunters, deer managers, veterinarians, and epidemiologists, the Plan sets forth the department's CWD management strategies and informs regulatory responses to the detection of the disease in captive and free-ranging cervid populations in the state of Texas. The Plan is intended to be dynamic; in fact, it must be so in order to accommodate the growing understanding of the etiology, pathology, and epidemiology of the disease and the potential management pathways that emerge as it becomes better understood through time. The Plan proceeds from the premise that disease surveillance and active management of CWD once it is detected are absolutely critical to containing it on the landscape. Accordingly, the first step in the department's response to CWD detections is the timely establishment of management zones around locations where detection occurs. One type of management zone is the containment zone (CZ), defined by rule as "a department-defined geographic area in this state within which CWD has been detected or the department has determined, using the best available science and data, CWD detection is probable." Within a CZ, the movement of live deer is subject to restrictions and the presentation of harvested deer at a department check station is required. In addition, deer carcass movement restrictions set forth in §65.88 of Subchapter B, Division 1 apply. In addition to CZs, current rules provide for surveillance zones (SZs), defined by rule as "a department-defined geographic area in this state within which the department has determined, using the best available science and data, that the presence of CWD could reasonably be expected." Within a SZ, the movement of live deer is subject to restrictions and the presentation of harvested deer at a department check station is required. In addition, deer carcass movement restrictions set forth in §65.88 of Subchapter B, Division 1 apply.

The Texas Parks and Wildlife Commission recently directed staff to develop guidelines or a standard operating procedure (SOP) with respect to the establishment and duration of the various management zones. In cases where CWD is discovered in a deer breeding facility but not on associated release sites, the department will not establish a SZ if the following can be verified: 1) the disease was detected early (i.e., it has not been in the facility long); 2) the transmission mechanism and pathway are known; 3) the facility was promptly depopulated following detection; and 4) there is no evidence that free-ranging deer populations have been compromised. If any of these criteria is not satisfied, a SZ will be established to consist of all properties that are wholly or partially located within two miles of the property where the positive breeding facility is located. However, in situations where CWD is detected in a free-ranging deer that is epidemiologically linked with a CWD-positive breeding facility, the department has little choice but to formally impose a CZ in response. The SOP dictates that a CZ consist of all properties wholly or partially located within five miles of the property (or properties) where CWD was detected.

As noted previously in this preamble, the department has been engaged in a long-term effort to stem the spread of CWD; however, by 2021 it was apparent that more robust measures were warranted because CWD was still being detected in additional deer breeding facilities, as well as release sites associated with deer breeding facilities. The commission adopted those rules, which require higher rates of testing, ante-mortem (live-animal) testing of breeder deer prior to release, and enhanced recordkeeping and reporting measures, in December of 2021 (46 TexReg 8724). This year is the first full year of the applicability of those measures. The department notes that other rulemakings have enhanced provisions regarding carcass movement restrictions.

The proposed amendment to §65.81, concerning Containment Zones; Restrictions, would establish a new CZ 7 in Hunt and Kaufmann counties in response to recent detections of CWD in deer on release sites associated with a CWD-positive deer breeding facility. That facility is already within Surveillance Zone 7, which was created in response to the initial detection of CWD on that premise. On March 17, 2023, the department received confirmation that CWD was present on a release site associated with the CWD-positive deer breeding facility for which SZ 7 was created. Two additional positives have been detected on an associated release site in Kaufman County (a 4.5-year-old male and a 5.5-year-old male) that is epidemiologically linked to the CWD-positive breeding facility in Hunt County. The proposed amendment would also establish that the geographic areas described by the rule represent a five-mile radius surrounding each property where CWD has been detected, and that the zone includes all properties wholly or partially within those areas. The proposed amendment is intended to replace an emergency rule adopted on May 26, 2023 (June 16, 2003 issue of the Texas Register, (48 TexReg 3009)), which took effect immediately.

In addition, the proposed amendment would establish a new CZ in Bexar County (CZ 8). On May 25, 2023, the department received confirmation that a free-ranging deer (a 6.5-year-old female) killed pursuant to a TTP (Trap, Transfer, and Process) permit in Bexar County had tested positive for CWD.

The proposed amendment to §65.82, concerning Surveillance Zones; Restrictions, would establish new Surveillance Zone (SZ) 18 in Bexar County, new SZ 19 in Sutton County, new SZ 20 in Zavala County, new SZ 21 in Frio County, and new SZ 22 in Brooks County, all in response to the continued detection of CWD in deer breeding facilities. On May 3, 2023, the department received confirmation that a 3.75-year-old buck deer in a deer breeding facility in Sutton County had tested positive for CWD. In accordance with the department's CWD Management Plan and SOP, the department is establishing a SZ in a two-mile radius around the property where the Sutton County positive was detected. The proposed SZ in Bexar County is in response to the confirmation of CWD in Bexar County described earlier in this preamble in the discussion of the establishment of a CZ in Bexar County. On March 10, 2023, CWD was confirmed in three 2-year-old males within a deer breeding facility in Zavala County, and on April 5, 2023, CWD was confirmed in a 3-year-old male within a deer breeding facility in Frio County. On June 28, 2023, CWD was detected in a 2-year old female deer in Frio County and on July 7, 2023, CWD was detected in a 5-year-old female deer in a deer breeding facility in Brooks County. In keeping with the department's CWD Management Plan and the SOP, a SZ with a two-mile radius around each of those locations would be established by the proposed amendment. The department notes that confirmation of CWD by the diagnostic lab is a two-test process, intended to eliminate the possibility of a false positive. At the time the proposed amendment was submitted for publication, the department had not received confirmation of the suspect test results for the deer breeding facilities in Frio and Brooks counties; therefore, if CWD is not confirmed in those breeding facilities, the proposed creation of SZ 21 and 22 would be withdrawn.

The proposed amendment also clarifies that the geographic areas described by the rule represent the two-mile radius around the property where CWD was detected, and that the zone includes all properties wholly or partially within those areas.

Finally, the proposed amendment would correct typographical errors in the published delineations for SZ 11, which was established in a previous rulemaking (48 TexReg 2048). As published, some of the coordinate pairs describing the SZ lacked the negative sign indicating that the locations being described are in the western hemisphere.

The proposed amendment to §65.99, concerning Breeding Facilities Epidemiologically Connected to Deer Infected with CWD, would add new subsection (j) to require the euthanization of breeder deer within seven days of notification of confirmation of a positive ante-mortem CWD test result, the submission of post-mortem tissue samples (accompanied by both ears and required ear tags) of such deer within one day of euthanization, and daily facility inspections (with any mortalities to be immediately reported to the department, and the collection and submission of post-mortem tissue samples from test-eligible mortalities within one business day of collection). The proposed amendment also would retitle the section to reflect its applicability to deer breeding facilities in which CWD has been detected. From an epidemiological perspective, it is important to definitively assess the progress of disease in an individual animal as quickly as possible in order to determine the temporal parameters of disease transmission in the population. Immediate euthanization and post-mortem testing of all animals that test positive via ante-mortem testing gives the department and the regulated community the best chance of ensuring that disease transmission is mitigated as soon as possible in a breeding facility. Similarly, the proposed requirement for daily inspections and immediate reporting and testing of mortalities is necessary to gain additional understanding of disease status within the facility. The proposed rule also would require the submission of both ears and the required identification tags in order for the department to definitively establish the unique identity of the deer in question for future epidemiological investigation. Under current rule, a facility that returns a positive test result is automatically designated "not movement qualified" (NMQ) and is prohibited from transferring deer in or out of the facility; therefore, the proposed amendment would repeat that requirement simply for clarity and emphasis.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rules as proposed, as department personnel currently allocated to the administration and enforcement of disease management activities will administer and enforce the rules as part of their current job duties and resources.

Mr. Macdonald also has determined that for each of the first five years the amendments as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the rules as proposed will be a reduction of the probability of CWD being spread from locations where it might exist and an increase in the probability of detecting CWD if it does exist, thus ensuring the public of continued enjoyment of the resource and also ensuring the continued beneficial economic impacts of hunting in Texas.

There could be adverse economic impact on persons required to comply with the rules as proposed. Such impacts would be identical to those described in the analysis of the rules' potential effect on small businesses, microbusinesses, and rural communities elsewhere in this preamble.

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), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses. These guidelines state that "[g]enerally, there is no need to examine the indirect effects of a proposed rule on entities outside of an agency's regulatory jurisdiction." The 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. The guidelines also list examples of the types of costs that may result in a "direct economic impact." Such costs may include costs associated with additional recordkeeping or reporting requirements; new taxes or fees; lost sales or profits; changes in market competition; or the need to purchase or modify equipment or services.

For the purposes of this analysis, the department considers all deer breeders to be small or microbusinesses, which ensures that the analysis captures all deer breeders possibly affected by the proposed rulemaking. The department has determined that there is one deer breeding facility (other than the breeding facilities where CWD has been detected, which are prohibited from transferring deer under other rules) within proposed CZ 7. That deer breeding facility is currently designated MQ. Under the rule as proposed, that facility would be prohibited from transferring breeder deer outside the CZ; therefore, the economic impact to the breeder in question could be significant. Because the nature of the market for breeder deer is fluid and the department does not require sale prices of breeder deer to be reported, the department has no way to determine the exact value of lost sales to the deer breeder in question. Department records indicated the breeder in question has transferred an average of 53 deer per year, with an average of 17 of those deer being released to adjoining acreage (which would still be permitted). Therefore, the adverse economic impact to the breeder in question, based on the transfer history of the last five years, would be the value of 35 deer per year. There are three deer breeding facilities located within proposed new SZ 20 and one deer breeding facility located within proposed new SZ 21. All four facilities are currently designated NMQ and are prohibited from transferring deer. Thus, the zone designations will not result in adverse economic impacts to those facilities, as they cannot transfer deer under rules currently in effect. There are no deer breeding facilities within proposed CZ 8 or SZ 22.

The proposed amendment to §65.99 will result in adverse economic impacts to small businesses and microbusinesses affected by the rule. The amendment would require deer breeders who receive confirmation of a "suspect" test result from an ante-mortem test to euthanize the subject of the test within seven days of confirmation of CWD, submit post-mortem tissue samples within one business day of euthanasia, conduct daily inspections for additional mortalities, immediately report such mortalities, and collect and submit post-mortem tissue samples within one day of each mortality discovery. Deer breeders are already required under current rules to report all mortalities and to have them tested; therefore, the adverse economic impacts are the cost to euthanize a breeder deer and the cost of daily inspections. The cost of euthanizing a deer can range from very little (if the breeder dispatches a deer by firearm) to the costs associated with veterinary services, which the department estimates should not exceed $300. The costs associated with daily inspections is difficult to quantify, as breeder facilities vary in size and complexity; however, the department assumes that most breeding facilities require some sort of daily presence as a matter of routine operations. The department also notes that if the breeding facility is epidemiologically connected to another breeding facility, daily inspections are required under rules already in effect.

The department has determined that the proposed rules will not affect rural communities because the rules do not directly regulate any rural community.

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 result in direct impacts to local economies.

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

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. Any impacts resulting from the discovery of CWD in or near private real property would be the result of the discovery of CWD and not the proposed rules.

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 neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; expand an existing regulation (by creating new areas subject to the rules governing CZs and SZs) and imposing new inspection and reporting requirements for deer breeding facilities where CWD is detected), but will otherwise not limit or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rules may be submitted to Dr. J. Hunter Reed, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (830) 890-1230 (e-mail: jhunter.reed@tpwd.texas.gov); or via the department's website at www.tpwd.texas.gov.

DIVISION 1. CHRONIC WASTING DISEASE (CWD)

31 TAC §65.81, §65.82

The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter C, 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; Subchapter E, which requires the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds, urban white-tailed deer removal, and trapping and transporting surplus white-tailed deer; Subchapter L, which authorizes the commission to make regulations governing the possession, transfer, purchase, sale, of breeder deer held under the authority of the subchapter; Subchapters R and R-1, which authorize the commission to establish the conditions of a deer management permit for white-tailed and mule deer, respectively; and §61.021, which provides that no person may possess a game animal at any time or in any place except as permitted under a proclamation of the commission.

The proposed amendments affect Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, R, R-1, and Chapter 61.

§65.81.Containment Zones; Restrictions.

The areas described in paragraph (1) of this section are CZs and the provisions of this subchapter applicable to CZs apply on all properties lying wholly or partially within the described areas.

(1) Containment Zones.

(A) - (F) (No change.)

(G) Containment Zone 7 is that portion of Hunt and Kaufman counties -96.21356759520, 32.93034177510; -96.20861492790, 32.93062271340; -96.20769578840, 32.93067232720; -96.20732503750, 32.93068140220; -96.20710298860, 32.93068643390; -96.20688260170, 32.93070985230; -96.20442195490, 32.93094106890; -96.19879387970, 32.93124448120; -96.19315431390, 32.93123658430; -96.18752746450, 32.93091741310; -96.18193748280, 32.93028833640; -96.17640835920, 32.92935205410; -96.17096382300, 32.92811258320; -96.16562723700, 32.92657524440; -96.16042149880, 32.92474663220; -96.15536893750, 32.92263459410; -96.15049122610, 32.92024819270; -96.14580927730, 32.91759766400; -96.14134316220, 32.91469438080; -96.13711201920, 32.91155079520; -96.13622641360, 32.91083798810; -96.12494000920, 32.90162215750; -96.12184819660, 32.89896427870; -96.11814108320, 32.89538116920; -96.11471996870, 32.89160108390; -96.11159948660, 32.88764023130; -96.10879297770, 32.88351559240; -96.10631243170, 32.87924484870; -96.10416843710, 32.87484630590; -96.10237013300, 32.87033881570; -96.10092517700, 32.86574169180; -96.09983970690, 32.86107463220; -96.09911831850, 32.85635762960; -96.09876404670, 32.85161088910; -96.09877835310, 32.84685473910; -96.09916111900, 32.84210954720; -96.09991065180, 32.83739562930; -96.10102368600, 32.83273316520; -96.10249540400, 32.82814211180; -96.10431945490, 32.82364211740; -96.10648798380, 32.81925243920; -96.10899166580, 32.81499185700; -96.11181974410, 32.81087859810; -96.11496008310, 32.80693025770; -96.11746988050, 32.80418152580; -96.11755375850, 32.80313866560; -96.11830205020, 32.79842452110; -96.11941370220, 32.79376178180; -96.12088390310, 32.78917040460; -96.12270630810, 32.78467004060; -96.12487306900, 32.78027994610; -96.12737486880, 32.77601890420; -96.13020095860, 32.77190514530; -96.13333921120, 32.76795626360; -96.13677616560, 32.76418915010; -96.14049708990, 32.76061991450; -96.14361588300, 32.75795916770; -96.15030201320, 32.75254081800; -96.15117207400, 32.75184542080; -96.15541150690, 32.74871658500; -96.15988374280, 32.74582860110; -96.16456964780, 32.74319381590; -96.16944917580, 32.74082348990; -96.17450146100, 32.73872775390; -96.17970490330, 32.73691556600; -96.18503725980, 32.73539466850; -96.19047574170, 32.73417156270; -96.19599710870, 32.73325147350; -96.20157776980, 32.73263833370; -96.20719388130, 32.73233476210; -96.21282145100, 32.73234205650; -96.21843643660, 32.73266018450; -96.22401484850, 32.73328778900; -96.22953285300, 32.73422218640; -96.23496687420, 32.73545938460; -96.24029369090, 32.73699409660; -96.24549053580, 32.73881976530; -96.25053519730, 32.74092858740; -96.25540610540, 32.74331155160; -96.26008243080, 32.74595847130; -96.26454416980, 32.74885803400; -96.26877223170, 32.75199784510; -96.27208130510, 32.75476813650; -96.27799411370, 32.75999311670; -96.27866140080, 32.76058942750; -96.28236931730, 32.76416831370; -96.28579254530, 32.76794433860; -96.28891640880, 32.77190135380; -96.29172751230, 32.77602243590; -96.29421378790, 32.78028995730; -96.29636455620, 32.78468566000; -96.29817056660, 32.78919073740; -96.29875523030, 32.79103915710; -96.30070745700, 32.79319136250; -96.30383279710, 32.79714795770; -96.30664531710, 32.80126865130; -96.30913294620, 32.80553581930; -96.31128499780, 32.80993120460; -96.31309221600, 32.81443600310; -96.31454681730, 32.81903093620; -96.31564252520, 32.82369633930; -96.31637459490, 32.82841224380; -96.31673983750, 32.83315846000; -96.31673663320, 32.83791466760; -96.31636493980, 32.84266049980; -96.31562629240, 32.84737563000; -96.31452380180, 32.85203986300; -96.31306213460, 32.85663321610; -96.31124750240, 32.86113600910; -96.30908763030, 32.86552894730; -96.30659172920, 32.86979320330; -96.30377045070, 32.87391049840; -96.30063584940, 32.87786318330; -96.29720132590, 32.88163431140; -96.29348157340, 32.88520771270; -96.29102813830, 32.88732618450; -96.29072578630, 32.88757682010; -96.29043695640, 32.88783856420; -96.29021473660, 32.88803918230; -96.28898762250, 32.88912027080; -96.28892071110, 32.88917801630; -96.28887164860, 32.88924735580; -96.28802188640, 32.89042285420; -96.28488606370, 32.89437511830; -96.28145029560, 32.89814579130; -96.27772928230, 32.90171870520; -96.27373894810, 32.90507853810; -96.27180336870, 32.90655908120; -96.27029016770, 32.90768169600; -96.26798312600, 32.90933346730; -96.26474342810, 32.91146467440; -96.26351249540, 32.91223529260; -96.26129110250, 32.91365865860; -96.25928416460, 32.91490633490; -96.25509793200, 32.91727764030; -96.25374718090, 32.91799526420; -96.25163781920, 32.91914104360; -96.25040063630, 32.91980056680; -96.24551380660, 32.92217362860; -96.24045318480, 32.92427184950; -96.23524047500, 32.92608622810; -96.22989803890, 32.92760897730; -96.22444879930, 32.92883356430; -96.21891613860, 32.92975473360; and -96.21356759520, 32.93034177510.

(H) Containment Zone 8. Containment Zone 8 is that portion of Bexar County within the boundaries of a line beginning at the intersection of Bitters Road and U.S. Highway 281 in Bexar County; thence north along U.S. 281 to State Highway (SH) North Loop 1604 ; thence west along SH North Loop 1604 to Blanco Road; thence south along Blanco Road to Bitters Road; thence east to U.S. Highway 281.

(I) [(G)] Existing CZs may be modified and additional CZs 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) (No change.)

§65.82.Surveillance Zones; Restrictions.

The areas described in paragraph (1) of this section are SZs and the provisions of this subchapter applicable to SZs apply on all properties lying wholly or partially within the described areas.

(1) Surveillance Zones.

(A) - (J) (No change.)

(K) Surveillance Zone 11. SZ 11 is that portion of Uvalde County lying within the area described by the following latitude-longitude coordinate pairs: -99.65125892840, 29.37997244440; -99.64901351840, 29.37941401480; -99.64845146960, 29.37926298170; -99.64642007180, 29.37858685430; -99.64444354350, 29.37779577780; -99.64253035400, 29.37689314240; -99.64068870050, 29.37588281650; -99.63892647290, 29.37476913010; -99.63725121990, 29.37355685560; -99.63567011690, 29.37225118790; -99.63418993490, 29.37085772200; -99.63281701150, 29.36938242860; -99.63155722420, 29.36783162880; -99.63041596490, 29.36621196710; -99.62939811680, 29.36453038250; -99.62890579820, 29.36359183460; -99.62806121330, 29.36305789800; -99.62638629870, 29.36184548510; -99.62480553320, 29.36053968750; -99.62429303370, 29.36007754550; -99.62405653320, 29.35985950010; -99.62381874180, 29.35964253520; -99.62273207700, 29.35860163960; -99.62135950160, 29.35712622890; -99.62010005700, 29.35557532250; -99.61895913350, 29.35395556520; -99.61873659380, 29.35360972870; -99.61862150420, 29.35342798500; -99.61782652640, 29.35209215220; -99.61693676500, 29.35035577580; -99.61617856340, 29.34857213070; -99.61555516190, 29.34674885720; -99.61506922320, 29.34489376500; -99.61503820540, 29.34475276260; -99.61494624750, 29.34432910810; -99.61463086570, 29.34259114510; -99.61442547730, 29.34069635380; -99.61436197100, 29.33879385100; -99.61444061050, 29.33689178380; -99.61466105070, 29.33499829680; -99.61487321080 [99.61487321080], 29.33380912050; -99.61491150300, 29.33362019190; -99.61506063110, 29.33293256890; -99.61556121170, 29.33108049280; -99.61619893460, 29.32926106910; -99.61697106210 [99.61697106210], 29.32748208660; -99.61732421150, 29.32676913270; -99.61746690720, 29.32649127370; -99.61801697400, 29.32547330120; -99.61904740670, 29.32379784010; -99.61962570840 [99.61962570840], 29.32295977640; -99.61999500570, 29.32244439010; -99.62056993200, 29.32166962830; -99.62184101280, 29.32012634080; -99.62322450720, 29.31865919800; -99.62471448910 [99.62471448910], 29.31727447850; -99.62532991110, 29.31675242370; -99.62534908130, 29.31673657650; -99.62536140450, 29.31671616190; -99.62601184830, 29.31568933250; -99.62716487010 [99.62716487010], 29.31407645020; -99.62843574650, 29.31253310120; -99.62981903270, 29.31106589070; -99.63130880370, 29.30968109780; -99.63289867970, 29.30838464850; -99.63458185310 [99.63458185310], 29.30718209080; -99.63635111800, 29.30607857030; -99.63819890080, 29.30507880900; -99.64011729290, 29.30418708460; -99.64209808410, 29.30340721240; -99.64413279780 [99.64413279780], 29.30274252910; -99.64621272750, 29.30219587850; -99.64832897350, 29.30176959930; -99.65047248120, 29.30146551530; -99.65263407970, 29.30128492740; -99.65480452090 [99.65480452090], 29.30122860820; -99.65487587710, 29.30122887060; -99.65900846590, 29.30124789310; -99.66110711120, 29.30131575240; -99.66326739090, 29.30150809000; -99.66540870640 [99.66540870640], 29.30182382290; -99.66752189610, 29.30226160050; -99.66959791860, 29.30281954970; -99.67162789070, 29.30349528360; -99.67360312630, 29.30428591090; -99.67551517240, 29.30518804900; -99.67735584590, 29.30619783800; -99.67911726860, 29.30731095730; -99.67954559440, 29.30760570470; -99.67956313490, 29.30761798010; -99.67958463450 [99.67958463450], 29.30762363200; -99.68080891950, 29.30796826400; -99.68283907760, 29.30864381890; -99.68481450940, 29.30943427250; -99.68672676130, 29.31033624270; -99.68856764940 [99.68856764940 ], 29.31134587030; -99.69032929430, 29.31245883550; -99.69200415500, 29.31367037590; -99.69358506110, 29.31497530720; -99.69506524350, 29.31636804540; -99.69643836310 [99.69643836310], 29.31784263020; -99.69769853840, 29.31939275110; -99.69884037040, 29.32101177380; -99.69985896580, 29.32269276880; -99.70074995830, 29.32442854090; -99.70150952680 [99.70150952680], 29.32621166020; -99.70213441260, 29.32803449350; -99.70262193270, 29.32988923730; -99.70296999200, 29.33176795100; -99.70316258900, 29.33347053880; -99.70358951980, 29.33885327800; -99.70360402460, 29.33904533040; -99.70366928260, 29.34094778790; -99.70359239080, 29.34284991320; -99.70337367010, 29.34474356080; -99.70306776070, 29.34634027440; -99.70321386810, 29.35078287580; -99.70322752220, 29.35169864370; -99.70315061320, 29.35360077700; -99.70293185960, 29.35549443210; -99.70257218990, 29.35737149930; -99.70207313650, 29.35922393950; -99.70143682890, 29.36104381850; -99.70066598480, 29.36282334130; -99.69976389890, 29.36455488500; -99.69873442870, 29.36623103210; -99.69758197780, 29.36784460200; -99.69631147760, 29.36938868150; -99.69492836580, 29.37085665520; -99.69343856370, 29.37224223310; -99.69184845020, 29.37353947830; -99.69016483510, 29.37474283200; -99.68839492950, 29.37584713740; -99.68654631520, 29.37684766210; -99.68462691200, 29.37774011850; -99.68264494370, 29.37852068160; -99.68060890300, 29.37918600620; -99.67852751480, 29.37973324070; -99.67640969900, 29.38016003970; -99.67426453180, 29.38046457390; -99.67210120720, 29.38064553800; -99.66992899700, 29.38070215650; -99.66982079290, 29.38070171930; -99.66706723200, 29.38068663350; -99.65998003010, 29.38082841100; -99.65912069230, 29.38083583350; -99.65694891120, 29.38076767780; -99.65478687690, 29.38057522580; -99.65264385560, 29.38025930250; and -99.65125892840, 29.37997244440.

(L) - (Q) (No change.)

(R) Surveillance Zone 18. Surveillance Zone 18 is that portion of Bexar County within the boundaries of a line beginning at the intersection of Northwest Military Highway (FM 1535) and Interstate Highway (IH) Loop 410 in Bexar County; thence east along IH-Loop 410 to Wetmore Road; thence north along Wetmore Road to Bulverde Road; thence north along Bulverde Road to Evans Road; thence west along Evans Road to Stone Oak Parkway; thence west and south along Stone Oak Parkway to Huebner Road; thence west along Huebner Road to Northwest Military Highway; thence south along Northwest Military Highway (FM 1535) to IH-Loop 410.

(S) Surveillance Zone 19. Surveillance Zone 19 is that portion of Sutton County lying within the area described by the following latitude/longitude pairs: -100.38319766000, 30.44241372940; -100.38330542300, 30.44241355570; -100.42117692500, 30.44239956000; -100.42326548900, 30.44245479520; -100.42545296700, 30.44263413320; -100.42762223700, 30.44293701230; -100.42976401700, 30.44336213680; -100.43186914400, 30.44390768770; -100.43392861100, 30.44457133100; -100.43593360500, 30.44535022730; -100.43787554600, 30.44624104410; -100.43974612300, 30.44723996980; -100.44153733100, 30.44834273020; -100.44324150100, 30.44954460660; -100.44485133800, 30.45084045600; -100.44635994800, 30.45222473320; -100.44776087200, 30.45369151420; -100.44904810900, 30.45523452170; -100.45021614400, 30.45684715180; -100.45125997100, 30.45852250230; -100.45217511600, 30.46025340220; -100.45295765400, 30.46203244240; -100.45360422900, 30.46385200730; -100.45411206400, 30.46570430720; -100.45447897800, 30.46758141210; -100.45470339000, 30.46947528510; -100.45478433200, 30.47137781700; -100.45472144800, 30.47328086130; -100.45452752600, 30.47509012860; -100.45391299100, 30.47936729020; -100.45390046300, 30.47945343010; -100.45383755000, 30.47985820110; -100.45350524000, 30.48188828820; -100.45321897700, 30.48336316860; -100.45309954100, 30.48387046470; -100.45255326700, 30.48608960620; -100.45218229600, 30.48743815460; -100.45155276100, 30.48926224410; -100.45078679300, 30.49104676600; -100.45024507000, 30.49209451190; -100.45054879400, 30.49222514900; -100.45092965400, 30.49239158080; -100.45533277600, 30.49434604980; -100.45664103400, 30.49495875510; -100.46097526200, 30.49709718790; -100.46102130400, 30.49711994450; -100.46104970100, 30.49713402160; -100.46429912600, 30.49874659450; -100.46433065100, 30.49876225840; -100.46740035400, 30.50028933730; -100.47058121400, 30.50183564040; -100.47080956300, 30.50194766020; -100.47091030500, 30.50199773150; -100.47301193500, 30.50304645410; -100.47478324300, 30.50399480050; -100.47657591500, 30.50509707320; -100.47828153400, 30.50629848620; -100.47989279800, 30.50759389830; -100.48020479900, 30.50786526470; -100.48113280600, 30.50868308970; -100.48233083700, 30.50979558270; -100.48373315400, 30.51126197420; -100.48502174400, 30.51280462430; -100.48619108600, 30.51441693080; -100.48627724200, 30.51454558530; -100.48669784200, 30.51517736790; -100.48812543000, 30.51648543510; -100.48952793300, 30.51795176350; -100.49081670600, 30.51949435570; -100.49198622700, 30.52110660970; -100.49303148500, 30.52278162490; -100.49394799900, 30.52451223180; -100.49473183900, 30.52629102250; -100.49537964100, 30.52811038240; -100.49588862500, 30.52996252280; -100.49625660300, 30.53183951430; -100.49633886400, 30.53240339680; -100.49634171900, 30.53242463760; -100.49635288800, 30.53244371130; -100.49645111000, 30.53261281470; -100.49736778000, 30.53434339780; -100.49815176300, 30.53612216840; -100.49879969700, 30.53794151170; -100.49930879900, 30.53979363930; -100.49967688300, 30.54167062170; -100.49989414400, 30.54346534740; -100.49989542400, 30.54348042090; -100.49990473300, 30.54349320810; -100.50049997100, 30.54434266150; -100.50154563100, 30.54601760880; -100.50246252100, 30.54774815650; -100.50324670900, 30.54952689680; -100.50389483000, 30.55134621530; -100.50440410300, 30.55319832370; -100.50477233700, 30.55507529240; -100.50499794900, 30.55696908540; -100.50507923900, 30.55877167030; -100.50510179400, 30.56121144760; -100.50564283800, 30.56223237970; -100.50642720400, 30.56401110150; -100.50707548400, 30.56583040490; -100.50758489400, 30.56768250160; -100.50795324700, 30.56955946220; -100.50817895600, 30.57145325050; -100.50826104700, 30.57335575780; -100.50826117100, 30.57338156720; -100.50828404600, 30.57872056140; -100.50828266100, 30.57911369590; -100.50822253200, 30.58441891900; -100.50824688900, 30.59493311160; -100.50818470000, 30.59676084350; -100.50797904400, 30.59865634740; -100.50763050500, 30.60053615670; -100.50714057000, 30.60239222050; -100.50651132600, 30.60421658940; -100.50574546300, 30.60600144900; -100.50484625200, 30.60773915390; -100.50381753900, 30.60942226020; -100.50266372500, 30.61104355740; -100.50138974500, 30.61259609970; -100.50000105200, 30.61407323520; -100.49850359200, 30.61546863510; -100.49690377700, 30.61677632020; -100.49520845600, 30.61799068730; -100.49342489200, 30.61910653240; -100.49156072400, 30.62011907390; -100.48962393900, 30.62102397260; -100.48762283600, 30.62181735040; -100.48556598800, 30.62249580710; -100.48346221100, 30.62305643500; -100.48132052000, 30.62349683140; -100.47915009300, 30.62381510870; -100.47696023300, 30.62400990270; -100.47476032500, 30.62408037860; -100.47472254900, 30.62408050040; -100.44498450900, 30.62415852420; -100.44282177400, 30.62410375530; -100.44063011400, 30.62392471330; -100.43845670000, 30.62362205270; -100.43631084600, 30.62319707060; -100.43420174800, 30.62265158850; -100.43213844700, 30.62198794420; -100.43012978200, 30.62120898200; -100.42818436200, 30.62031804030; -100.42631052100, 30.61931893740; -100.42451628800, 30.61821595490; -100.42280934900, 30.61701381930; -100.42119701500, 30.61571768220; -100.41968619100, 30.61433309750; -100.41828334600, 30.61286599790; -100.41699448400, 30.61132266930; -100.41582512400, 30.60970972410; -100.41478026800, 30.60803407260; -100.41386438700, 30.60630289320; -100.41308139500, 30.60452360190; -100.41243464000, 30.60270382040; -100.41192688500, 30.60085134330; -100.41156029500, 30.59897410500; -100.41133643300, 30.59708014530; -100.41125624900, 30.59517757510; -100.41125613600, 30.59499196440; -100.41125854200, 30.59420991440; -100.41110919100, 30.59408980140; -100.40959885400, 30.59270509820; -100.40819648000, 30.59123788870; -100.40690807300, 30.58969445940; -100.40573914700, 30.58808142290; -100.40469470400, 30.58640568990; -100.40377921200, 30.58467443920; -100.40299658500, 30.58289508720; -100.40235016800, 30.58107525580; -100.40214445600, 30.58038747370; -100.40214118900, 30.58037597300; -100.40213092100, 30.58036814140; -100.40067662700, 30.57919085870; -100.39916667600, 30.57780603290; -100.39776468000, 30.57633870970; -100.39647664200, 30.57479517590; -100.39530807400, 30.57318204480; -100.39490813600, 30.57254771140; -100.39343371700, 30.57234174320; -100.39128921200, 30.57191600640; -100.38918150200, 30.57136978270; -100.38711961700, 30.57070541320; -100.38511239500, 30.56992574530; -100.38316843600, 30.56903412020; -100.38250341300, 30.56869570240; -100.38187530900, 30.56836761670; -100.38066797400, 30.56770626780; -100.37887523500, 30.56660264670; -100.37716978900, 30.56539990390; -100.37555894300, 30.56410319350; -100.37404959300, 30.56271807190; -100.37264820300, 30.56125047400; -100.37136077300, 30.55970668810; -100.37019281200, 30.55809332830; -100.36914931800, 30.55641730670; -100.36900755400, 30.55616761220; -100.36900235600, 30.55615834480; -100.36899156300, 30.55615400070; -100.36839999400, 30.55590980050; -100.36645647500, 30.55501792180; -100.36458455700, 30.55401791670; -100.36279226000, 30.55291407060; -100.36108726000, 30.55171111400; -100.35947686100, 30.55041420160; -100.35796796000, 30.54902889080; -100.35656701700, 30.54756111750; -100.35528003000, 30.54601717040; -100.35411250700, 30.54440366460; -100.35306944400, 30.54272751270; -100.35215530300, 30.54099589540; -100.35137399200, 30.53921623050; -100.35072885100, 30.53739614120; -100.35022263600, 30.53554342360; -100.34985750600, 30.53366601300; -100.34963501600, 30.53177195000; -100.34956251500, 30.53035267880; -100.34950933200, 30.52802466460; -100.34950292900, 30.52754133180; -100.34951779300, 30.52657937390; -100.34955057300, 30.52563084750; -100.34958794400, 30.52191021560; -100.34949165600, 30.51758389540; -100.34948675000, 30.51728228350; -100.34946547600, 30.51521227780; -100.34946431400, 30.51504532100; -100.34952931600, 30.51314232480; -100.34973719200, 30.51125373430; -100.34968365200, 30.50474357910; -100.34968296800, 30.50462837800; -100.34968286100, 30.50448127570; -100.34970783100, 30.49307201500; -100.34972638900, 30.47148975220; -100.34979151500, 30.46970039620; -100.35000002300, 30.46780515970; -100.35035117000, 30.46592579320; -100.35084344400, 30.46407034340; -100.35147473000, 30.46224675380; -100.35224231700, 30.46046283130; -100.35314291200, 30.45872621260; -100.35417265300, 30.45704433130; -100.35532712400, 30.45542438630; -100.35660138000, 30.45387331130; -100.35798996000, 30.45239774460; -100.35948691700, 30.45100400120; -100.36108583900, 30.44969804550; -100.36277988100, 30.44848546630; -100.36456179000, 30.44737145220; -100.36642393900, 30.44636077010; -100.36835835600, 30.44545774450; -100.37035676400, 30.44466623930; -100.37241061000, 30.44398964090; -100.37451110500, 30.44343084410; -100.37664926300, 30.44299223980; -100.37881593500, 30.44267570450; -100.38100185200, 30.44248259220; and -100.38319766000, 30.44241372940.

(T) Surveillance Zone 20. Surveillance Zone 20 is that portion of Zavala County lying within the area described by the following latitude/longitude pairs: -99.52095361740, 28.97441019490; -99.52311623060, 28.97448067590; -99.52526897870, 28.97467534550; -99.52740265120, 28.97499337100; -99.52950811930, 28.97543339180; -99.53157637450, 28.97599352540; -99.53359856710, 28.97667137530; -99.53556604390, 28.97746404140; -99.53747038530, 28.97836813240; -99.53930344110, 28.97937977980; -99.54079805130, 28.98031997940; -99.54725023520, 28.98462158470; -99.54750957250, 28.98479624760; -99.54785821340, 28.98503676640; -99.54985879760, 28.98643601770; -99.55117763500, 28.98740872890; -99.55275134850, 28.98871522560; -99.55422454890, 28.99010940370; -99.55559092700, 28.99158529700; -99.55684463020, 28.99313658910; -99.55798028710, 28.99475664080; -99.55899303100, 28.99643851830; -99.55987852050, 28.99817502260; -99.56063295830, 28.99995872050; -99.56125310750, 29.00178197670; -99.56133033930, 29.00204439980; -99.56133273200, 29.00205268890; -99.56134113470, 29.00205699800; -99.56316032010, 29.00306084540; -99.56491494500, 29.00417540170; -99.56658293370, 29.00538843320; -99.56815714520, 29.00669474920; -99.56963083870, 29.00808875970; -99.57099770330, 29.00956449910; -99.57225188400, 29.01111565180; -99.57338800760, 29.01273557930; -99.57440120520, 29.01441734800; -99.57528713360, 29.01615375970; -99.57604199350, 29.01793738150; -99.57666254630, 29.01976057820; -99.57714612760, 29.02161554480; -99.57749065930, 29.02349433950; -99.57769465810, 29.02538891840; -99.57775724230, 29.02729116930; -99.57772470190, 29.02847435840; -99.57699091100, 29.04294971910; -99.57694433240, 29.04366831230; -99.57672381830, 29.04556148440; -99.57636285890, 29.04743793060; -99.57586299210, 29.04928961410; -99.57522635090, 29.05110860430; -99.57445565480, 29.05288710960; -99.57355419770, 29.05461751170; -99.57252583440, 29.05629239790; -99.57137496390, 29.05790459290; -99.57010651080, 29.05944718950; -99.56872590420, 29.06091357850; -99.56723905460, 29.06229747690; -99.56565232830, 29.06359295460; -99.56397252060, 29.06479446060; -99.56220682630, 29.06589684590; -99.56036280920, 29.06689538650; -99.55844836940, 29.06778580290; -99.55647170940, 29.06856427920; -99.55444129910, 29.06922747890; -99.55236583940, 29.06977255960; -99.55025422470, 29.07019718500; -99.54811550470, 29.07049953530; -99.54595884550, 29.07067831450; -99.54379349060, 29.07073275620; -99.54368347780, 29.07073219700; -99.54367904450, 29.07073216800; -99.54367063640, 29.07073211210; -99.54160516640, 29.07071811880; -99.54160514960, 29.07071811870; -99.52332601820, 29.07059281150; -99.52135033460, 29.07057910890; -99.52004080320, 29.07057000940; -99.51799445770, 29.07050011140; -99.51583960170, 29.07030530790; -99.51370387460, 29.06998707100; -99.51159642960, 29.06954676480; -99.50952629870, 29.06898627650; -99.50750235340, 29.06830800830; -99.50553326650, 29.06751486720; -99.50362747560, 29.06661025240; -99.50179314610, 29.06559804090; -99.50003813640, 29.06448257060; -99.49836996440, 29.06326862160; -99.49679577500, 29.06196139610; -99.49532230960, 29.06056649560; -99.49395587710, 29.05908989710; -99.49270232710, 29.05753792740; -99.49156702490, 29.05591723590; -99.49055482810, 29.05423476600; -99.48967006650, 29.05249772550; -99.48891652330, 29.05071355550; -99.48829741880, 29.04888989860; -99.48781539740, 29.04703456610; -99.48747251550, 29.04515550450; -99.48727023360, 29.04326076130; -99.48720908600, 29.04153365310; -99.48714960630, 29.00389591390; -99.48714992990, 29.00372071510; -99.48723078590, 29.00181901970; -99.48745294280, 28.99992604640; -99.48781544110, 28.99804990050; -99.48831672060, 28.99619861470; -99.48895462750, 28.99438011460; -99.48972642320, 28.99260218540; -99.49062879650, 28.99087243770; -99.49165787810, 28.98919827580; -99.49280925660, 28.98758686540; -99.49407799810, 28.98604510340; -99.49545866710, 28.98457958820; -99.49694534970, 28.98319659170; -99.49853167920, 28.98190203210; -99.50021086350, 28.98070144930; -99.50114533140, 28.98009924160; -99.50172517340, 28.97973911690; -99.50255554970, 28.97923985210; -99.50439849840, 28.97824220210; -99.50631167050, 28.97735264740; -99.50828687840, 28.97657499420; -99.51031566940, 28.97591256950; -99.51238936210, 28.97536820760; -99.51449908360, 28.97494423730; -99.51663580730, 28.97464247240; -99.51879039130, 28.97446420410; and -99.52095361740, 28.97441019490.

(U) Surveillance Zone 21. Surveillance Zone 21 is that portion of Frio County lying within the area described by the following latitude/longitude pairs: -99.52095361740, 28.97441019490; -99.52311623060, 28.97448067590; -99.52526897870, 28.97467534550; -99.52740265120, 28.97499337100; -99.52950811930, 28.97543339180; -99.53157637450, 28.97599352540; -99.53359856710, 28.97667137530; -99.53556604390, 28.97746404140; -99.53747038530, 28.97836813240; -99.53930344110, 28.97937977980; -99.54079805130, 28.98031997940; -99.54725023520, 28.98462158470; -99.54750957250, 28.98479624760; -99.54785821340, 28.98503676640; -99.54985879760, 28.98643601770; -99.55117763500, 28.98740872890; -99.55275134850, 28.98871522560; -99.55422454890, 28.99010940370; -99.55559092700, 28.99158529700; -99.55684463020, 28.99313658910; -99.55798028710, 28.99475664080; -99.55899303100, 28.99643851830; -99.55987852050, 28.99817502260; -99.56063295830, 28.99995872050; -99.56125310750, 29.00178197670; -99.56133033930, 29.00204439980; -99.56133273200, 29.00205268890; -99.56134113470, 29.00205699800; -99.56316032010, 29.00306084540; -99.56491494500, 29.00417540170; -99.56658293370, 29.00538843320; -99.56815714520, 29.00669474920; -99.56963083870, 29.00808875970; -99.57099770330, 29.00956449910; -99.57225188400, 29.01111565180; -99.57338800760, 29.01273557930; -99.57440120520, 29.01441734800; -99.57528713360, 29.01615375970; -99.57604199350, 29.01793738150; -99.57666254630, 29.01976057820; -99.57714612760, 29.02161554480; -99.57749065930, 29.02349433950; -99.57769465810, 29.02538891840; -99.57775724230, 29.02729116930; -99.57772470190, 29.02847435840; -99.57699091100, 29.04294971910; -99.57694433240, 29.04366831230; -99.57672381830, 29.04556148440; -99.57636285890, 29.04743793060; -99.57586299210, 29.04928961410; -99.57522635090, 29.05110860430; -99.57445565480, 29.05288710960; -99.57355419770, 29.05461751170; -99.57252583440, 29.05629239790; -99.57137496390, 29.05790459290; -99.57010651080, 29.05944718950; -99.56872590420, 29.06091357850; -99.56723905460, 29.06229747690; -99.56565232830, 29.06359295460; -99.56397252060, 29.06479446060; -99.56220682630, 29.06589684590; -99.56036280920, 29.06689538650; -99.55844836940, 29.06778580290; -99.55647170940, 29.06856427920; -99.55444129910, 29.06922747890; -99.55236583940, 29.06977255960; -99.55025422470, 29.07019718500; -99.54811550470, 29.07049953530; -99.54595884550, 29.07067831450; -99.54379349060, 29.07073275620; -99.54368347780, 29.07073219700; -99.54367904450, 29.07073216800; -99.54367063640, 29.07073211210; -99.54160516640, 29.07071811880; -99.54160514960, 29.07071811870; -99.52332601820, 29.07059281150; -99.52135033460, 29.07057910890; -99.52004080320, 29.07057000940; -99.51799445770, 29.07050011140; -99.51583960170, 29.07030530790; -99.51370387460, 29.06998707100; -99.51159642960, 29.06954676480; -99.50952629870, 29.06898627650; -99.50750235340, 29.06830800830; -99.50553326650, 29.06751486720; -99.50362747560, 29.06661025240; -99.50179314610, 29.06559804090; -99.50003813640, 29.06448257060; -99.49836996440, 29.06326862160; -99.49679577500, 29.06196139610; -99.49532230960, 29.06056649560; -99.49395587710, 29.05908989710; -99.49270232710, 29.05753792740; -99.49156702490, 29.05591723590; -99.49055482810, 29.05423476600; -99.48967006650, 29.05249772550; -99.48891652330, 29.05071355550; -99.48829741880, 29.04888989860; -99.48781539740, 29.04703456610; -99.48747251550, 29.04515550450; -99.48727023360, 29.04326076130; -99.48720908600, 29.04153365310; -99.48714960630, 29.00389591390; -99.48714992990, 29.00372071510; -99.48723078590, 29.00181901970; -99.48745294280, 28.99992604640; -99.48781544110, 28.99804990050; -99.48831672060, 28.99619861470; -99.48895462750, 28.99438011460; -99.48972642320, 28.99260218540; -99.49062879650, 28.99087243770; -99.49165787810, 28.98919827580; -99.49280925660, 28.98758686540; -99.49407799810, 28.98604510340; -99.49545866710, 28.98457958820; -99.49694534970, 28.98319659170; -99.49853167920, 28.98190203210; -99.50021086350, 28.98070144930; -99.50114533140, 28.98009924160; -99.50172517340, 28.97973911690; -99.50255554970, 28.97923985210; -99.50439849840, 28.97824220210; -99.50631167050, 28.97735264740; -99.50828687840, 28.97657499420; -99.51031566940, 28.97591256950; -99.51238936210, 28.97536820760; -99.51449908360, 28.97494423730; -99.51663580730, 28.97464247240; -99.51879039130, 28.97446420410; and -99.52095361740, 28.97441019490.

(V) Surveillance Zone 22. Surveillance Zone 22 is that portion of Brooks County lying within the area described by the following latitude/longitude pairs: -98.29086210400, 27.13309526320; -98.29298351340, 27.13318675140; -98.29509370080, 27.13340214440; -98.29718363780, 27.13374052060; -98.29924438240, 27.13420043260; -98.30126711720, 27.13477991270; -98.30324318710, 27.13547648180; -98.30516413610, 27.13628715970; -98.30702174350, 27.13720847820; -98.30880805890, 27.13823649530; -98.31051543630, 27.13936681250; -98.31213656700, 27.14059459330; -98.31366451020, 27.14191458410; -98.31509272330, 27.14332113650; -98.31641508980, 27.14480823130; -98.31762594530, 27.14636950440; -98.31872010190, 27.14799827390; -98.31969287050, 27.14968756850; -98.32054008090, 27.15143015780; -98.32125809990, 27.15321858260; -98.32184384650, 27.15504518700; -98.32229480580, 27.15690215130; -98.32260903940, 27.15878152550; -98.32278519400, 27.16067526280; -98.32282607750, 27.16222641940; -98.32281627820, 27.16501134840; -98.32281627820, 27.16501136240; -98.32281357260, 27.16578038920; -98.32281357250, 27.16578040250; -98.32280037230, 27.16953161050; -98.32280037230, 27.16953161680; -98.32279424650, 27.17127223070; -98.32279424650, 27.17127224060; -98.32278834300, 27.17294980850; -98.32278477250, 27.17329865210; -98.32268306530, 27.17519678400; -98.32244276160, 27.17708490600; -98.32206488280, 27.17895493190; -98.32155103950, 27.18079885270; -98.32090342480, 27.18260877060; -98.32012480560, 27.18437693280; -98.31921851020, 27.18609576520; -98.31818841420, 27.18775790440; -98.31703892460, 27.18935622950; -98.31577496030, 27.19088389270; -98.31440193150, 27.19233434840; -98.31292571630, 27.19370138180; -98.31135263580, 27.19497913510; -98.30968942710, 27.19616213270; -98.30794321390, 27.19724530500; -98.30612147660, 27.19822401010; -98.30423202010, 27.19909405350; -98.30228293980, 27.19985170630; -98.30028258750, 27.20049372120; -98.29823953510, 27.20101734650; -98.29616253810, 27.20142033800; -98.29406049790, 27.20170096820; -98.29194242330, 27.20185803440; -98.29045520520, 27.20189407770; -98.28090559250, 27.20192944920; -98.28026777950, 27.20192618550; -98.27814490760, 27.20183447240; -98.27603329720, 27.20161877470; -98.27394199850, 27.20128001670; -98.27187997410, 27.20081965050; -98.26985606110, 27.20023964940; -98.26787893260, 27.19954249910; -98.26595706090, 27.19873118790; -98.26409868090, 27.19780919280; -98.26231175450, 27.19678046530; -98.26060393700, 27.19564941430; -98.25898254400, 27.19442088670; -98.25745451960, 27.19310014730; -98.25602640760, 27.19169285560; -98.25470432240, 27.19020504180; -98.25349392360, 27.18864308070; -98.25240039160, 27.18701366460; -98.25142840520, 27.18532377450; -98.25058212200, 27.18358064980; -98.24986516040, 27.18179175790; -98.24928058450, 27.17996476140; -98.24883089060, 27.17810748610; -98.24851799720, 27.17622788660; -98.24834323640, 27.17433401290; -98.24830351420, 27.17300440700; -98.24827071300, 27.16530377910; -98.24827454730, 27.16473335220; -98.24837767100, 27.16283530280; -98.24861935320, 27.16094735350; -98.24899855110, 27.15907758780; -98.24951363340, 27.15723401090; -98.25016238740, 27.15542451560; -98.25094202870, 27.15365684800; -98.25184921270, 27.15193857480; -98.25288004980, 27.15027705100; -98.25403012140, 27.14867938800; -98.25529449960, 27.14715242380; -98.25666776770, 27.14570269330; -98.25814404380, 27.14433640040; -98.25971700610, 27.14305939200; -98.26137991960, 27.14187713240; -98.26312566530, 27.14079468050; -98.26494677060, 27.13981666780; -98.26627186270, 27.13919216490; -98.26715049100, 27.13880096040; -98.26771406470, 27.13855607030; -98.26783677100, 27.13850433430; -98.26809786590, 27.13839484540; -98.26859139800, 27.13819236990; -98.26885450170, 27.13808680220; -98.26935182210, 27.13789170920; -98.26961686170, 27.13779009250; -98.27045143240, 27.13748232940; -98.27057696050, 27.13743812460; -98.27086650950, 27.13733678020; -98.27132970040, 27.13717829740; -98.27162094450, 27.13708092100; -98.27208657360, 27.13692885280; -98.27237944390, 27.13683546540; -98.27309571530, 27.13661545590; -98.27412316130, 27.13631179840; -98.27427026360, 27.13626866980; -98.27529930980, 27.13596939010; -98.27534656750, 27.13595568160; -98.28028733250, 27.13452608020; -98.28040390160, 27.13449150950; -98.28244567520, 27.13396821540; -98.28452131260, 27.13356548290; -98.28662193290, 27.13328503490; -98.28873854870, 27.13312807110; and -98.29086210400, 27.13309526320.

(W) [(R)] Existing SZs may be modified and additional SZs 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) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 10, 2023.

TRD-202302465

Todd S. George

Assistant General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 20, 2023

For further information, please call: (512) 389-4775

31 TAC §65.99

The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter C, 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; Subchapter E, which requires the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds, urban white-tailed deer removal, and trapping and transporting surplus white-tailed deer; Subchapter L, which authorizes the commission to make regulations governing the possession, transfer, purchase, sale, of breeder deer held under the authority of the subchapter; Subchapters R and R-1, which authorize the commission to establish the conditions of a deer management permit for white-tailed and mule deer, respectively; and §61.021, which provides that no person may possess a game animal at any time or in any place except as permitted under a proclamation of the commission.

The proposed amendment affects Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, R, R-1, and Chapter 61.

§65.99.Breeding Facilities Epidemiologically Connected to Deer Infected with CWD; Positive Deer Breeding Facilities.

(a) - (i) (No change.)

(j) Upon notification by the department that CWD is suspected in a deer as a result of ante-mortem testing in a facility, the facility is automatically NMQ and the permittee shall:

(1) euthanize the positive deer within seven days of confirmation of the positive test result;

(2) submit post-mortem test samples from breeder deer euthanized under this subsection within one business day of euthanasia, to include both ears and the identification tag required under Parks and Wildlife Code, Chapter 43, Subchapter L; and

(3) inspect the facility daily for mortalities; and

(A) immediately report each mortality to the department;

(B) immediately collect test samples from all test-eligible mortalities that occur within the facility; and

(C) submit samples collected under this subsection for post-mortem testing within one business day of the discovery of the mortality.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 10, 2023.

TRD-202302466

Todd S. George

Assistant General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 20, 2023

For further information, please call: (512) 389-4775