TAHC moves to publish CWD rule changes after public debate; some stakeholders urge delay

5781341 · September 18, 2025

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Summary

The Texas Animal Health Commission voted to adopt proposed changes to chronic wasting disease rules and to withdraw from the federal herd certification program; the move prompted multiple public commenters — landowners, conservation and hunting groups — to urge retaining mandatory hold‑order authority or delaying the change.

The Texas Animal Health Commission voted to adopt proposed amendments to its chronic wasting disease (CWD) rules, including repeal of participation in the federal CWD Herd Certification Program and changes that give TAHC epidemiologists discretion over issuing hold orders and quarantines.

TAHC General Counsel Janine Cogshaw and veterinary staff presented the rule package and said the revisions are intended to reduce regulatory burden, allow more individualized herd plans and align TAHC practice with current epidemiological guidance. Cogshaw told commissioners the draft removes mandatory ‘‘shall’’ language requiring a quarantine or hold order in every suspect or confirmed case and replaces it with discretionary authority for agency epidemiologists to tailor responses to herd‑level risk.

The change prompted extended public comment. Andrew Earl of the Texas Wildlife Association said the proposed change ‘‘making the issuing of holdovers on CWD positive facilities optional for the Animal Health Commission is an unnecessary and irresponsible change that puts the native and exotic wildlife of our state at risk.’’ Jenny Sanders, a landowner and conservation contractor, urged the commission to ‘‘pump the brakes’’ on the hold‑order amendments and to delay changes that could weaken coordination with Texas Parks and Wildlife Department (TPWD).

Other speakers echoed concerns about weakening movement controls: Matt Wagner of the Texas Chapter of the Wildlife Society asked the commission to delay the proposal and said the change could create gaps in authority. Walter Martin, a landowner near positive breeding facilities, said the revisions could ‘‘allow for more egregious behavior’’ if enforcement is reduced. Former TPWD manager Mitch Lockwood supported ending the federal herd certification program but warned that TAHC must preserve effective cooperation with TPWD when issuing quarantines and herd plans.

TAHC staff defended the package in response. Cogshaw said withdrawal from the federal program would free the state from federal program standards that require a uniform five‑year trace and limited herd plan options. She said staff seeks to ‘‘allow for more individualized herd plans rather than those USDA‑only approved templates’’ and to reduce testing burdens for exotic producers. Veterinary epidemiologists said the rules retain the commission’s authority to act and would not block TPWD’s statutory authority to restrict movement of native wildlife.

Commission action: After public comment the commission voted to adopt the proposed rules as published in the Texas Register (June 6, 2025) to proceed with the rulemaking process. Commissioners recorded unanimous support in the roll call vote to adopt the proposed rules for publication and comment.

What happens next: Adoption of the proposed rules sends the amendments forward in the administrative process for final adoption or further revision following any required comment period and internal rulemaking steps. TAHC staff said the changes are intended to streamline responses in Texas and to permit staff to tailor epidemiological responses to the specific risks of each herd case.

Ending: Stakeholders for and against the changes urged continued coordination between TAHC and TPWD; several asked for statutory clarity that was not passed in this year’s legislature. The commission’s vote to adopt the proposed text starts the formal rulemaking steps that could lead to final rule changes.