Only to the extent that department rules regarding the importation and/or transport through the state of white-tailed and mule deer not possessed under a permit issued by the department are preempted under the provisions of 9 CFR §81.5, this section shall apply.

(1) A person without a permit issued by the department may transit the state while in possession of live deer lawfully obtained in another state, provided: (A) the person physically possesses a valid certificate of veterinary inspection attesting to the fact that the deer in possession meet the herd certification requirements of the United States Department of Agriculture for interstate transportation of captive cervids; (B) the deer are confined at all times; (C) the deer are not released; (D) the deer are not commingled with any other susceptible species, as defined in 4 TAC §40.3(a)(3) (relating to Herd Status Plans for Cervidae) while in the state of Texas; (E) the doors and/or tailgate of any trailer or vehicle used to confine the deer during transport have been secured with a numbered or otherwise uniquely identified, tamper-resistant, mechanical security seal prior to entering the state of Texas, which seal(s) shall not be removed while the vehicle or trailer is in the state of Texas; and (F) the person or the person's representative has contacted the department by notifying the Law Enforcement Communications Center in Austin not less than 24 nor more than 36 hours in advance of entering the state while in possession of deer and provided to the department: (i) the dates and times that the person expects to enter and depart the state of Texas while in possession of deer without a permit issued by the department; (ii) the specific points of origin and destination of each deer being transported; (iii) the species and quantity of deer being transported; (iv) the specific route the transport will follow, including the points at which the transporter will enter and depart the state of Texas; (v) a description of the make, model, and color of all vehicles and trailers to be employed in the transport, including license plate numbers; (vi) the unique identifier of the security seal(s) used on each vehicle and/or trailer used to confine deer; and (vii) the name, drivers license number, and cell phone numbers of any person accompanying the deer while the deer are in the state of Texas.

(2) Upon receiving the information required under paragraph (1) of this section, the department will issue an authorization number to the person providing the information. It is an offense for any person to possess or transport deer through the state of Texas under the provisions of this section unless the person physically possesses a department-issued authorization number that is valid for the specific act of transport being conducted.

(3) A person transporting deer under the provisions of this section shall immediately notify the department in the event that: (A) any deer escape confinement while in the state of Texas; (B) a seal on a trailer or vehicle used to transport deer under the provisions of this section must be removed for any reason; or (C) any condition or event occurs that causes the person in possession of deer to materially alter the route being taken or the schedule reported to the department under paragraph (1) of this section.

Source Note: The provisions of this §65.905 adopted to be effective July 22, 2013, 38 TexReg 4640