Texas Parks and Wildlife Commission adopts CWD response rules, expands oyster restoration authority and approves $31 million in local park grants

The Texas Parks and Wildlife Commission on Jan. 23 adopted a set of chronic wasting disease (CWD) detection and response rules, approved changes to oyster “certificates of location” to allow their use for reef restoration, authorized new permitable species for commercial freshwater harvest, approved a request to exceed capital transfer limits to buy replacement body armor for law-enforcement divisions, and approved staff funding recommendations totaling $30,929,771 for 50 local park grants.

The agenda item that drew the most public attention and debate was the CWD package, which the commission adopted after wide-ranging public comment and hours of testimony from hunters, deer breeders, conservation groups and legislators. The changes remove the existing zone-based “containment” approach and instead impose new testing, double-fencing and visible-identification requirements for certain breeder facilities, while creating pathways for some facilities to remain movement-qualified if they meet the new standards.

The CWD rules were pitched by Alan Kane, Volok division director for TPWD, as a move away from recurring emergency rulemaking and toward a risk-based, science-informed approach that ‘‘removes burdens on hunters and landowners and . . . provides expanded business opportunities for deer breeders while still ensuring practical and effective science-based measures’’ to limit spread. Supporters from conservation and hunting groups said the revisions give regulators better tools and transparency. Opponents, including multiple deer breeders and some legislators, said the measures are overly burdensome, will harm small operators and asked that the commission delay adoption to allow more stakeholder work.

Separately, the commission approved amendments to rules governing oyster “certificates of location” (COLs) to mirror recent changes in the Parks and Wildlife Code and to create a distinct category of COLs for reef restoration (non-harvest) in addition to harvestable COLs. TPWD staff said the change allows siting of restoration COLs on degraded reefs, clarifies marking and mapping standards, and waives rental fees for restoration COLs while maintaining application/renewal processes. Industry and conservation speakers told the commission private leasing and restoration together can rapidly increase productive reef acreage; commercial fishermen who hold existing COLs urged the agency to allow restoration and harvestable leases to be offered simultaneously.

On financial and grants matters, Reggie Pegues, chief financial officer for TPWD, presented a request to exceed the 25% capital-budget transfer limit in order to replace expired ballistic vests for game wardens and state park police. Pegues said the specific request would split the cost between the Game, Fish & Water Safety Fund and the Sporting Goods Sales Tax account and staff asked the commission to forward the request to the Legislative Budget Board and governor’s office as required by the General Appropriation Act. The motion carried.

Dan Reese, Local Park Grants Program manager, presented the commission’s funding recommendations for 50 local park grants and said available funding included roughly $11 million expected from the Land and Water Conservation Fund and additional sporting-goods-sales-tax accounts. Speakers representing cities, counties and nonprofit applicants told the commission how projects — splash pads for low-income neighborhoods, stormwater-mitigating nature-based parks in Galveston, nature centers in South Texas, new indoor recreation centers, playgrounds and ballfields — would serve underserved communities. The commission approved the funding package as recommended, with Commissioner Gallo recusing herself from a Webb County item where she disclosed a family connection.

TPWD also adopted minor housekeeping rule changes to Chapters 53 and 69 of the Texas Administrative Code that update scientific names, correct numbering errors and change accrediting-entity names; and it adopted amendments to inland-fisheries permitting rules to add silver carp and sucker-mouth armored catfishes to the list of species that may be authorized for commercial harvest from public fresh waters and to remove freshwater drum, minnows and Rio Grande cichlid from commercial harvest availability in order to support conservation priorities.

The commission approved several land and access items on the consent calendar: a utility easement at Lake Colorado City State Park, acceptance of a donation of roughly 640 acres adjacent to Black Gap Wildlife Management Area in Brewster County, authorization to pursue purchase of approximately 1,100 acres near Colorado Bend for future park expansion and a shoreline-restoration easement on Matagorda Peninsula Coastal Management Area. Commissioners also heard a short briefing on TPWD’s adaptive-accessibility equipment and programs, including new off-road “EcoRover” all-terrain chairs and other adaptive gear to broaden park access.

Votes at a glance

- Request to exceed capital-budget transfer limitations (body armor): approved (commission voice vote, motion carries). - Local park grants funding recommendation (Exhibits A–E): Motion 1 — $30,929,771 approved; Motion 2 — authorize additional funding if made available, approved (Commissioner Gallo recused on the Webb County item). - Rule reviews: adopt amendments to TAC chapters 53 and 69 (housekeeping), approved. - Oyster certificate of location rules (allowing restoration COLs; various siting/marking changes): adopted after public hearings and advisory-committee review. - Permits to possess or sell non-game fish from public fresh water: added silver carp and sucker-mouth armored catfishes for potential commercial take; removed freshwater drum, minnows and Rio Grande cichlid from commercial availability; approved. - Chronic wasting disease detection & response rules: adopted (new testing requirements, double-fence and visible-ID standards, revised movement/trace rules; zones removed). - Grant of utility easement, Lake Colorado City State Park (Mitchell County): approved. - Acceptance of donation (~640 acres) to Black Gap WMA (Brewster County): accepted. - Acquisition authorization (approx. 1,100 acres near Colorado Bend State Park, Lampasas/Burnett counties): authorized to proceed with purchase from willing seller. - Shoreline-restoration easement at Matagorda Peninsula CMA (approx. 1 acre): approved.

What it means

- For hunters and landowners: the CWD package replaces a zone-based system with new containment, testing and identification rules intended to improve traceability and reduce ad hoc emergency rulemaking; it also offers pathways for some breeder facilities to remain operational if they meet defined standards. Stakeholders said the changes will require adjustments in business practice and in some cases capital investment. - For coastal restoration and fishery policy: the expanded COL rules give TPWD explicit authority to site restoration-focused certificates of location and authorize operational details; conservation groups and industry urged TPWD to coordinate with the General Land Office and oyster industry to expand private restoration and mariculture work. - For local governments and communities: the approved local park grants will fund projects ranging from splash pads and playgrounds to indoor recreation centers and nature centers, particularly in underserved and rural communities.

By the numbers and next steps

- $30,929,771 — staff-recommended local park grant approvals (Exhibits A–E). - About $11,000,000 — available this cycle from the Land and Water Conservation Fund, plus additional state sporting-goods-sales-tax accounts (Dan Reese). - ~2,318 acres — existing oyster COL acreage in Galveston Bay; staff and industry speakers noted the state’s private lease area is far smaller than in other states and urged expansion.

TPWD staff will begin implementation: promulgating adopted rule text, coordinating with the Legislative Budget Board and governor’s office on the capital transfer request, and posting updated guidance and application materials for oyster COLs, breeder movement qualifications and local park grants. The commission also directed staff to continue stakeholder engagement on herd-plan language and implementation details for the CWD package to reduce ambiguity identified during public comment.

Speakers and attributions quoted in this report are from the Jan. 23, 2025 TPWD commission meeting transcript; quotes are used only where speakers were explicitly identified.

Ending

Commissioners left the meeting noting continued stakeholder disagreement in several areas but emphasized this package establishes an enforceable, rules-based framework that the agency can refine — by rule or through follow-up stakeholder work — rather than continuing a succession of ad hoc measures. TPWD staff said they will post adopted rule text, revised guidance and the agency’s implementation timetable on the department website.