1. (a) Procedures for issuing hold orders and quarantines.

   1. (1) Any CWD-suspect animals and CWD-suspect herds shall be immediately reported to a commission representative. A CWD-suspect herd may be restricted by hold order until the commission's epidemiologic investigation and approved laboratory testing are complete.
   2. (2) A CWD-positive herd may be restricted by quarantine or hold order until the requirements of subsection (b)(2) of this section are complete.
   3. (3) A CWD-trace herd may be restricted by quarantine or hold order until the requirements of subsection (b)(3) of this section are complete.
   4. (4) Any CWD-suspect herd, CWD-positive herd, or CWD-trace herd not complying with the epidemiologic investigation or herd plan requirements may be restricted by quarantine.

2. (b) Requirements for CWD-suspect herds, CWD-trace herds, or CWD-positive herds.

   1. (1) Upon request of the commission, animals in a CWD-suspect herd shall be presented to a commission representative for the purpose of inspection or to collect and submit appropriate samples to an approved laboratory for diagnosis.
   2. (2) Disposition of a CWD-positive herd. If a CWD-positive herd is subject to a quarantine or hold order, the commission will develop a herd plan in consultation with the herd owner, and, if requested, their veterinarian. The herd plan will specify the measures to be implemented to minimize the transmission of CWD and the steps required to complete the herd plan. Unless otherwise determined by a commission epidemiologist and approved by the executive director, a CWD-positive herd shall be maintained under the terms of the herd plan until all the requirements of the herd plan are met.
   3. (3) Disposition of CWD-trace herds. If a CWD-trace herd is subject to a quarantine or hold order, the commission will develop a herd plan in consultation with the owner, and, if requested, their veterinarian. The herd plan will specify the measures to be implemented to minimize the transmission of CWD and the steps required to complete the herd plan. Unless otherwise determined by a commission epidemiologist and approved by the executive director, a CWD-trace herd shall be maintained under the terms of the herd plan until all requirements of the herd plan are met.
3. (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 commission.
4. (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; amended to be effective September 16, 2025, 50 TexReg 6009.