(a) All CWD test samples at the time of submission for testing shall be accompanied by a properly executed, department-prescribed form provided for that purpose.
(b) Except as provided in §65.95(c)(6) of this title (relating to Movement of Breeder Deer) or subsection (d) of this section, an ante-mortem CWD test is not valid unless it is performed by an accredited laboratory on retropharyngeal lymph node, rectal mucosa, or tonsillar tissue with at least six lymphoid follicles collected within eight months of submission by a licensed veterinarian authorized pursuant to statutes and regulations governing the practice of veterinary medicine in Texas and regulations of the TAHC from a live deer that:
  (1) is at least 12 months of age; and
  (2) has not been the source of a "not detected" ante-mortem test result submitted within the previous 12 months.
(c) A post-mortem CWD test is not valid unless it is performed by an accredited testing laboratory on the obex and medial retropharyngeal lymph node of a test-eligible mortality, and may be collected only by a qualified licensed veterinarian, TAHC-certified CWD sample collector, or other person approved by the department.
(d) Except for the provisions of paragraphs (3) and (4) of this subsection, the provisions of this subsection take effect April 1, 2022. To meet the requirements of §65.94 of this title (relating to Breeding Facility Minimum Movement Qualifications), or §65.95 of this title, ante-mortem test results may be substituted for post-mortem test results at a ratio of five "not detected" ante-mortem test results for each required "not detected" post-mortem test result, provided:
  (1) the ante-mortem test samples are collected within eight months of the end of the reporting year.
  (2) The number of ante-mortem test results submitted for the purposes of satisfying the requirements of §65.94(a)(1)(C) of this title cannot exceed 30 percent of the total number of post-mortem results required by this division, multiplied by five, in more than two reporting years during the life of the permit. This paragraph does not apply to the use of ante-mortem test results to meet the provision of §65.94(a)(1)(C) of this title requiring that a minimum of five percent of the breeding facility inventory be tested annually.
  (3) For a facility with sufficient deer to satisfy the ante-mortem substitution requirements of this subsection were it not for the testing frequency limitations imposed by subsection (b)(2) of this section, test results from deer at least six months of age at the time of testing may be submitted to satisfy the requirements of this subsection. The provisions of this paragraph do not apply unless all test-eligible deer in the facility have been tested prior to the testing of any deer that is six months of age or older but younger than 12 months of age.
  (4) For a facility that must conduct ante-mortem testing of all test-eligible deer in the facility to regain MQ status, the department will not accept inconclusive ante-mortem test results (including, but not limited to "insufficient follicles") for more than 10 percent of the total number of deer tested. For facilities required to test less than ten deer, inconclusive ante-mortem test results (including but not limited to "insufficient follicles") will not be accepted.
  (5) No provision of this subsection shall be construed as to relieve any permittee of the obligation to test every mortality that occurs within a breeding facility as required by §65.94 of this title.
(e) For purposes of satisfying the testing requirements of §65.94 or §65.95 of this title for the period of time between the reporting year that began April 1, 2017 and the reporting period ending March 31, 2022, ante-mortem test results may be substituted for post-mortem test results at a ratio of three "not detected" ante-mortem test results for each required "not detected" post-mortem test result.
(f) Except as specifically provided in this division, an ante-mortem test result may not be used more than once to satisfy any testing requirement of this division.
(g) No ante-mortem test result may be utilized by more than one permittee to satisfy any requirement of this division.
(h) An ante-mortem test result is valid only if the deer from which it was taken is still in the inventory of the facility in which the sample was taken.
(i) The testing requirements of this division cannot be altered by the sale or subdivision of a property to a related party if the purpose of the sale or subdivision is to avoid the requirements of this division.
(j) Deer breeders shall report all deer mortalities that occur within a breeding facility within seven days of detection.
(k) All CWD test samples shall be submitted to an accredited testing laboratory within seven days of collection.

Source Note: The provisions of this §65.92 adopted to be effective August 15, 2016, 41 TexReg 5726; amended to be effective March 14, 2021, 46 TexReg 1495; amended to be effective December 19, 2021, 46 TexReg 8724; amended to be effective January 18, 2024, 49 TexReg 267