(a) Effectiveness.      
        (1) To the extent that any provision of this section conflicts with any provision of this division, the provisions of this section prevail.       
        (2) The provisions of Division 1 of this subchapter apply to any facility designated by the department as a Category A or Category B trace-out breeding facility, Tier 1 breeding facility, or trace-in breeding facility subject to the provisions of this section.       
      (b) No deer from a facility subject to the provisions of this section may be transferred or liberated except as provided in this section or expressly authorized in a herd plan and then only in accordance with the provisions of this division and the herd plan.     
      (c) Deer transferred under the provisions of this section must be tagged in one ear with a button-type RFID tag approved by the department.     
      (d) Category A trace-out breeding facility.      
        (1) A Category A facility is a trace-out breeding facility:                  (A) in which all trace deer are alive in the facility; or                   (B) for which post-mortem test results of "not detected" have been returned for trace deer that have died and all other trace deer are alive and present in the facility.         
        (2) Immediately upon notification by the department of Category A status, a facility is automatically NMQ. Except as provided in paragraph (3) of this subsection, a permittee shall, upon notification by the department of Category A status:                  (A) within seven days euthanize all trace deer in the breeding facility and submit test samples for each of those deer for post-mortem testing within one business day;                   (B) inspect the facility daily for mortalities;                   (C) immediately report all test-eligible mortalities that occur within the facility; and                   (D) immediately collect test samples from all test-eligible mortalities that occur within the facility and submit the samples for post-mortem testing within one business day of collection.         
        (3) In lieu of the testing requirements prescribed in paragraph (2)(A) of this subsection, a permittee may request the development of a custom testing plan as provided in subsection (h) of this section; provided however, the permittee must comply with the requirements of paragraph (2)(B) - (D) of this subsection.       
        (4) The department in consultation with TAHC may decline to authorize a custom testing plan under subsection (h) of this section if an epidemiological assessment determines that a custom testing plan is inappropriate.       
        (5) The department will not restore MQ status unless CWD "not detected" test results are obtained for all required sample submissions and the permittee has complied with all applicable requirements of this subsection and this division.       
      (e) Category B trace-out breeding facility.      
        (1) A Category B facility is a trace-out breeding facility in which less than 100% of the trace deer that department records indicate were received by the facility are for whatever reason (including but not limited to transfer, release, or escape) available for testing.       
        (2) Immediately upon notification by the department of Category B status; a facility is automatically NMQ and the permittee shall:                  (A) within seven days euthanize all trace deer in the breeding facility and submit test samples for each of those deer for post-mortem testing within one business day;                   (B) inspect the facility daily for mortalities;                   (C) immediately report all test-eligible mortalities that occur within the facility;                   (D) immediately collect test samples from all test-eligible mortalities that occur within the facility and submit the samples for post-mortem testing within one business day of collection; and                   (E) conduct ante-mortem testing of all test-eligible deer in the facility as specified in the following:                      (i) for a facility for which the date of last known exposure is within the immediately preceding 18 months:                          (I) submit rectal or tonsil biopsy samples; and                           (II) submit tonsil biopsy samples collected no earlier than 24 months from the date of last known exposure;                         (ii) for a facility for which the date of last known exposure is not within the immediately preceding 18 months and not at a time prior to the immediately preceding 36 months: collect and submit tonsil biopsy samples no earlier than 24 months from the date of last known exposure; and                       (iii) for a facility for which the date of last known exposure occurred at a time after the immediately preceding 36 months: collect and submit rectal or tonsil biopsy samples collected no earlier than 36 months from the date of last known exposure.           
        (3) In lieu of the testing requirements prescribed by paragraph (2)(A) and (2)(E) of this subsection, a permittee may request the development of a custom testing plan as provided in subsection (h) of this section; provided, however, the permittee must comply with paragraph (2)(B) - (D) of this section.       
        (4) Samples required by paragraph (2)(E) of this subsection shall be submitted no later than 45 days after the applicable last known exposure period, or other date as determined by the department.       
        (5) The department in consultation with TAHC may decline to authorize a custom testing plan under subsection (h) of this section if an epidemiological assessment determines that a custom testing plan is inappropriate.       
        (6) The department will not restore MQ status unless CWD "not detected" test results are obtained for all required sample submissions and the permittee has complied with all applicable requirements of this subsection and this division.       
      (f) Tier 1 facility.      
        (1) Upon notification by the department of Tier 1 status, a facility is automatically NMQ and the permittee shall:                  (A) inspect the facility daily for mortalities;                   (B) immediately report all test-eligible deer mortalities that occur within the facility; and                   (C) immediately collect test samples from all test-eligible deer mortalities that occur within the facility and submit for post-mortem testing within one business day of collection.         
        (2) A permittee may request the development of a custom testing plan as provided in subsection (h) of this section; provided, however, the permittee must comply with the provisions of paragraph (1)(A) - (C) of this subsection.       
        (3) The department will not restore MQ status unless the permittee has complied with all applicable requirements of this subsection and this division, and any one of the following:                  (A) post-mortem results of "not detected" have been submitted for every exposed deer received from a trace facility; or                   (B) the department has restored MQ status to all trace facilities from which deer were received; or                   (C) the permittee has conducted ante-mortem testing as specified in subsection (e)(2)(E) of this section; or                   (D) the permittee has conducted testing as specified in compliance with the provisions of a custom testing plan under the provisions of subsection (h) of this section to the satisfaction of the department and TAHC.         
        (4) The department in consultation with TAHC may decline to authorize a custom testing plan under subsection (h) of this section if an epidemiological assessment determines that a custom testing plan is inappropriate.       
      (g) Trace-in breeding facility. Immediately upon notification by the department of trace-in facility status, a facility is automatically NMQ.      
        (1) A permittee shall, upon notification by the department of trace-in facility status:                  (A) inspect the facility daily for mortalities;                   (B) immediately report all test-eligible mortalities that occur within the facility; and                   (C) immediately collect test samples from all test-eligible mortalities that occur within the facility and submit the samples for post-mortem testing within one business day of collection.         
        (2) The department may restore MQ status to a trace-in facility if all trace deer have been post-mortem tested with results of "not detected."       
        (3) For a trace-in facility for which the provisions of paragraph (2) of this subsection cannot be satisfied, the department may restore MQ status upon:                  (A) submission of tonsil biopsy ante-mortem test results of "not detected" for all test-eligible deer within the facility, provided the date of the last transfer to a positive facility occurred within the 36 months preceding notification of trace-in facility status by the department; or                   (B) submission of tonsil or rectal biopsy test results of "not detected" for all test-eligible deer within the facility, provided the date of the last transfer to a positive facility occurred at a time greater than 36 months from notification of trace-in facility status.                   (C) The test samples required to satisfy the requirements of this paragraph must be submitted within 45 days of notification by the department of trace-in facility status.         
        (4) In lieu of the testing requirements prescribed in this subsection, a permittee may request the development of a custom testing plan as provided in subsection (h) of this section; provided however, the permittee must comply with the requirements of paragraph (1) of this subsection.       
        (5) The department in consultation with TAHC may decline to authorize a custom testing plan under subsection (h) of this section if an epidemiological assessment determines that a custom testing plan is inappropriate.       
        (6) The department will not restore MQ status unless CWD "not detected" test results are obtained for all required sample submissions and the permittee has complied with all applicable requirements of this subsection and this division.       
      (h) Custom Testing Plan. Within seven days of being notified by the department that a breeding facility has been designated a Category A, Category B, trace-in facility, or Tier 1 facility, a permittee may, in lieu of meeting the applicable testing requirements of subsections (d) - (g) of this section, request the development of a custom testing plan by the department in consultation with TAHC based upon an epidemiological assessment conducted by the department and TAHC. A custom testing plan under this subsection is not valid unless it has been approved by the department and TAHC.      
        (1) The department shall temporarily suspend the applicable testing provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and (g) of this section while the epidemiological assessment and custom testing plan development under this subsection take place.       
        (2) Upon the development of a custom testing plan under the provisions of this subsection, the department shall provide the permittee with a copy of the custom testing plan and the permittee shall, within seven days:                  (A) agree in writing to comply with the provisions of the custom testing plan; or                   (B) notify the department in writing that the permittee declines to participate in the custom testing plan.                   (C) If a permittee chooses to decline participation in a custom testing plan under this subsection, the provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and (g) of this section take effect as of the date of the notification required by subparagraph (B) of this paragraph and all time-dependent calculations of those subsections begin.                   (D) If a permittee agrees in writing to comply with the provisions of a custom testing plan under this subsection, the custom testing plan replaces the testing provisions of subsections (d)(2)(A), (e)(2)(A) and (E), and (g) of this section.         
        (3) A breeding facility designated by the department as Category A, Category B, trace-in, or Tier 1 is NMQ as of the date of such notification and remains NMQ until the provisions of the custom testing plan under this subsection have been satisfied.       
        (4) If for any reason the permittee does not comply with the provisions of a custom testing plan under this subsection, the provisions of subsections (d) - (g) of this section resume applicability.       
        (5) The terms of a custom testing plan under this subsection are non-negotiable and final.       
      (i) Nursing facilities.      
        (1) Notwithstanding NMQ status, deer less than 120 days of age in any Category A, Category B, trace-in, and or Tier 1 facility may be transferred to a registered nursing facility, provided:                  (A) the facility from which the deer are transferred was MQ at the time the facility was designated Category A, Category B, trace-in, or Tier 1; and                   (B) no deer from any other breeding facility are or have been present in the nursing facility during the current reporting year.         
        (2) A registered nursing facility is prohibited from accepting deer from more than one breeding facility in one reporting year.       
        (3) No person may possess deer older than 120 days of age in a nursing facility.       
      (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.         
     Source Note:        The provisions of this §65.99 adopted to be effective December 19, 2021, 46 TexReg 8724; amended to be effective September 19, 2023, 48 TexReg 5146