(a) Procedures for issuing hold orders and quarantines.
  (1) Any CWD-suspect herd shall be immediately reported to a commission representative. The herd shall be restricted by hold order until the commission's epidemiologic investigation and approved laboratory testing are complete.
  (2) A CWD-trace herd shall be restricted by hold order until an epidemiologic investigation by the commission is complete and the herd meets all herd plan requirements.
  (3) A CWD-positive herd shall be restricted by quarantine until the herd meets all herd plan requirements.
  (4) Any CWD-suspect herd, CWD-trace, and CWD-positive herd not complying with the epidemiologic investigation or herd plan requirements shall be restricted by quarantine.
(b) Requirements for CWD-suspect herds, CWD-trace herds, or CWD-positive herds.
  (1) CWD-suspect animals shall be presented to a commission representative for the purpose of collection and submission of appropriate samples to an approved laboratory for diagnosis.
  (2) Disposition of a CWD-positive herd as determined by a commission or USDA epidemiologist following completion of the investigation. A herd plan will be developed by a commission or USDA epidemiologist in consultation with the herd owner, and, if requested, their veterinarian. Unless otherwise determined by a commission epidemiologist and approved by the executive director, the herd plan shall include the following requirements for a period of five years:
    (A) Routine visual inspection of all animals in the herd by a commission or USDA veterinarian for the purpose of early detection of CWD-suspect animals.
    (B) Annual verification of herd inventory by a commission or USDA veterinarian.
    (C) All CWD-suspect animals and all mortalities of all CWD susceptible species shall be immediately reported to a commission or USDA veterinarian for the purpose of collection of appropriate samples for submission to an approved laboratory for CWD surveillance.
    (D) CWD-exposed animals must be:
      (i) Humanely euthanized, tested for CWD by official CWD test, and disposed of as specified in subsection (c) of this section; or
      (ii) Maintained under the terms of the herd plan until all requirements of the herd plan are met.
    (E) The herd shall remain under quarantine for five years from the last exposure to a CWD-positive animal or a CWD-exposed animal and until such time that all herd plan requirements are met.
  (3) Disposition of CWD-trace herds. A herd plan will be developed by a commission or USDA epidemiologist in consultation with the owner, and, if requested, their veterinarian. Unless otherwise determined by a commission epidemiologist and approved by the executive director, the herd plan shall include the following requirements for a period of five years:
    (A) Routine visual inspection of all animals in the herd by a commission or USDA veterinarian for the purpose of early detection of CWD-suspect animals.
    (B) Annual verification of herd inventory by a commission or USDA veterinarian.
    (C) All CWD-suspect animals and all mortalities of all CWD susceptible species shall be immediately reported to a commission or USDA veterinarian for the purpose of collection of appropriate samples for submission to an approved laboratory for CWD surveillance.
    (D) CWD-exposed animals must be:
      (i) Humanely euthanized, tested for CWD by official CWD test, and disposed of as specified in subsection (c) of this section; or
      (ii) Maintained under the terms of the herd plan until all requirements of the herd plan are met.
(c) Disposal of CWD-suspect animal and CWD-exposed animal carcasses. After all required postmortem tissue samples are collected, carcasses or remaining parts of CWD-suspect animals and CWD-exposed animals, including all animal products, by-products, and contaminated materials, shall be disposed of by deep burial or incineration on the premises where the animal was located or at a facility approved by the executive director.
(d) Payment of indemnity. The commission may participate in paying indemnity to purchase and dispose of CWD-positive animals, CWD-exposed animals, and CWD-suspect animals. Subject to available funding, the amount of the state payment for any such animals will be five percent of the appraised value established in accordance with 9 CFR §55.3. This payment is in participation with any federal indemnity payments made in accordance with 9 CFR §55.2.

Source Note: The provisions of this §40.2 adopted to be effective August 22, 1999, 24 TexReg 6280; amended to be effective August 25, 2002, 27 TexReg 7513; amended to be effective February 5, 2013, 38 TexReg 495; amended to be effective October 7, 2013, 38 TexReg 6911; amended to be effective October 14, 2021, 46 TexReg 6905; amended to be effective September 5, 2023, 48 TexReg 4839