(a) General. No person may possess breeder deer in a trailer or vehicle, or remove or allow removal of breeder deer from a trailer, or accept, introduce, or allow introduction of breeder deer into a permitted facility, unless a valid transfer permit has been activated as provided in this section.
(b) Transfer by deer breeder. In accordance with the provisions of Subchapter B, Division 2, of this chapter (concerning Chronic Wasting Disease - Movement of Deer), the holder of a valid deer breeder's permit may transfer legally possessed breeder deer to:
  (1) a facility registered with the department for purposes of veterinary treatment; or
  (2) an educational display or zoological facility permitted by the department. A transfer under this paragraph is final; breeder deer transferred to a permitted educational display or zoological facility may not be returned to any breeder facility.
(c) White-tailed deer and mule deer may not be transferred to a facility located in a county for which there is no open season for that species.
(d) The department will not authorize the transfer of breeder deer to a release site if the department has determined that the transfer will detrimentally affect existing populations or systems.
(e) Release.
  (1) Breeder deer lawfully transferred to a registered release site may be held in temporary captivity for any period of time from March 1 through the eleventh day immediately preceding an open deer season to acclimate the breeder deer to habitat conditions at the release site; however, such temporary captivity must be specifically authorized in writing by the department. Not later than 11:59 p.m. on the eleventh day immediately preceding an open deer season, all deer being held in temporary captivity under the provisions of this paragraph shall be released. Release shall consist of the removal of at least 20 feet of the components of a pen that serve to maintain deer in a state of detention within the pen; however, no opening shall be less than 10 feet in width. Such components shall be removed for no fewer than 30 consecutive days.
  (2) An enclosure used to temporarily detain deer under this paragraph shall be physically separate from any deer breeding facility and the deer being temporarily held shall not be commingled with breeder deer. Deer held in temporary captivity shall not be returned to any deer breeding facility.
  (3) The department will not authorize the detention of deer under this paragraph during an open hunting season.
  (4) Deer in temporary captivity under the provisions of this paragraph shall not be hunted while in temporary captivity.
(f) Transfer permit.
  (1) A transfer permit is valid for 48 consecutive hours from the time of activation.
  (2) A transfer permit authorizes the transfer of the breeder deer specifically identified on the transfer permit to one and only one registered facility.
  (3) A transport manifest is a written document that specifically identifies the deer in a means of transport at any given time between departure from the source facility identified on the transfer permit and any destination facility identified on the transfer permit. A person in possession of deer during transport under a transfer permit must physically possess a transport manifest under any of the following conditions:
    (A) multiple vehicles are employed to transport deer to only one destination identified in a single transfer permit;
    (B) a single vehicle is employed for multiple trips to a single destination identified in a single transfer permit; or
    (C) a single instance of transport involves stops at multiple destinations.
  (4) A transfer permit is activated only by:
    (A) utilizing the department's online application; or
    (B) notifying the Law Enforcement Communications Center in Austin by phone or email in the event the department's online application is offline or otherwise unavailable to the general public.
    (C) It is an offense for any person to transport a deer under a transfer permit unless the person also possesses a confirmation number issued by the department indicating receipt of the notification for that instance of transport.
  (5) No person may possess a live breeder deer at any place other than within a permitted facility unless that person also possesses on their person a department-issued transfer permit legibly indicating, at a minimum:
    (A) the species, sex, and unique number of each breeder deer in possession;
    (B) the facility identification numbers for the source and destination facilities; and
    (C) the date and time that the permit was activated.
  (6) Not later than 48 hours following the completion of the movement of breeder deer under a transfer permit, the permit shall be completed and submitted to the department.
  (7) A deer breeder may transport breeder deer without a transfer permit from a permitted facility to a licensed veterinarian's medical facility for emergency medical treatment, provided:
    (A) the transport occurs by the most feasible direct route;
    (B) the breeder deer are not removed from the means of transportation at any point from the time of departure from the source facility to the time of return to the source facility, including at the place of treatment; and
    (C) the breeder deer do not leave this state.
    (D) If a breeder deer is removed from the means of transportation to the medical facility and is temporarily housed in a location that may house other susceptible species, then a transfer permit reflecting that transport must be activated and completed and an additional transfer permit must be activated prior to the deer returning to the deer breeding facility.
    (E) An eligible-age deer that is transported to a veterinary medical facility under the provisions of this section and dies at any time before being returned to a breeding facility will be treated as a mortality within the originating facility for the purposes of the requirements of Subchapter B of this chapter.
(g) Marking of vehicles and trailers. No person may possess, transport, or cause the transportation of breeder deer in a trailer or vehicle under the provisions of this subchapter unless the trailer or vehicle exhibits an applicable inscription, as specified in this subsection, on the rear surface of the trailer or vehicle. The inscription shall read from left to right and shall be plainly visible at all times while possessing or transporting breeder deer upon a public roadway. The inscription shall be attached to or painted on the trailer or vehicle in block, capital letters, each of which shall be of no less than six inches in height and three inches in width, in a color that contrasts with the color of the trailer or vehicle. If the person is not a deer breeder, the inscription shall be "TXD". If the person is a deer breeder, the inscription shall be the deer breeder serial number issued to the person.

Source Note: The provisions of this §65.610 adopted to be effective May 23, 2006, 31 TexReg 4227; amended to be effective March 21, 2007, 32 TexReg 1581; amended to be effective March 23, 2008, 33 TexReg 2548; amended to be effective August 10, 2009, 34 TexReg 5407; amended to be effective March 5, 2013, 38 TexReg 1373; amended to be effective June 9, 2019, 44 TexReg 2730; amended to be effective March 14, 2021, 46 TexReg 1500