TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 65. WILDLIFE

SUBCHAPTER X. MOUNTAIN LIONS

The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §65.950, concerning Mountain Lions. The proposed amendment would create a mandatory harvest reporting system for mountain lions in Texas, which is a critical component of the department's ongoing attempts to better monitor mountain lion populations.

In 2022, the Chairman of the Commission directed the formation of a Mountain Lion Stakeholder Working Group consisting of landowners, livestock producers, private land managers, trappers, and natural resource professionals. The group was charged with making recommendations for the development of a mountain lion management plan. There was broad consensus that the current approach to data collection (voluntary reporting) is inadequate, because voluntary reports represent an unknown proportion of the total harvest, and that better data on mountain lion populations and demographics is necessary to make meaningful population assessments, guide research efforts, and inform agency actions, if any are necessary. Staff has continued dialogue with stakeholders over the last three years while canvassing management and regulatory strategies in other states, and has developed an integrated population model (IPM) that utilizes various population parameters (births, deaths, and movements in and out of local populations) to assess populations and develop more accurate estimates. Effective population monitoring requires data from multiple population parameters to allow a larger picture to coalesce. Birth rates and movements in and out of a population typically vary within limited and predictable ranges which can be quantified. The variation is primarily due to environmental conditions such as drought or food availability. Death rates from human causes, however, tend to fluctuate unpredictably and therefore should regularly be assessed for population estimates to be accurate. Because the primary source of mountain lion mortality in Texas, on the basis of all past studies in Texas and data from other states where hunting is permitted, appears to be people, a reliable annual estimate of total harvest is one of if not the most important pieces of information needed for the model to function optimally.

Because the functionality and utility of the IPM depend upon accurate, timely data, particularly with respect to mountain lion mortality and mortality rates, staff have concluded that the best avenue to acquiring meaningful scientific data on mountain lion populations is to require some sort of mandatory harvest reporting program, which would provide the department with accurate, highly useful data collected at county-level scale (because the population inferences for mountain lions must be made at broad spatial extents due to the species' large home ranges).

The proposed amendment would create new subsection (e) to require a person who takes a mountain lion to report the take within 24 hours via the department's website or mobile application. The report would provide basic information necessary for the department to supply data for the IPM, such as the date, county of harvest, and method of take, and do so in very close to real time (the more closely the data tracks actual events, the finer the resolution of the model). The department hastens to note that the automated report neither requests nor records location data at any level more precise than county level, nor does it request property names or other identifying information. The department notes that the functionality of the mobile application does not require network connectivity at the time a reporting requirement is executed; a person complies with reporting requirements by entering required data on a device, which records the date and time of the report. The information is then transmitted to the department when connectivity is established. The proposed new subsection also would require the submission of a biological sample from each mountain lion harvested, to consist of a premolar and a small patch of dry tissue, which allows the department to conduct definitive laboratory analysis unique to the harvested animal. For that reason, the rule also stipulates that biological samples be segregated on a per-animal basis, to avoid data corruption. Finally, the proposed amendment would provide an option for the department to conduct sample collection rather than the person who killed the mountain lion. The department notes that in either case, there is no cost to the person who killed the mountain lion.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be fiscal implications to the department as a result of administering or enforcing the rule as proposed of approximately $26,000, consisting of the cost of pre-paid mailers and the laboratory analysis of biological samples. The department generously estimates that no more than 250 mountain lions are killed each year; thus, at $4 per mailer, the cost of pre-paid mailers should be approximately $1,000 per year. The cost of laboratory analysis (tooth age analysis, genetic analysis) is estimated to be less than $100 per sample; thus, the department estimates the cost to the department to be approximately $25,000 per year.

There will be no fiscal implications to other units of state or local government.

Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be a better understanding of nongame species, the management of which is crucial to healthy, balanced, and functional wildlife systems.

The rule as proposed will not result in adverse economic impacts to persons required to comply.

Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, and rural communities. As required by Government Code, §2006.002(g), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rule will not result in a direct economic costs to small businesses and micro-businesses.

The department has determined that the rule as proposed will not affect rural communities, as it does not directly regulate any rural community.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.

The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will not create a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; create a new regulation (to require reporting of mountain lion harvest); expand an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Jonah Evans, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (830) 431-1491; email: jonah.evans@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The amendment is proposed under the authority of Parks and Wildlife Code, §67.004, which requires the commission by regulation to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species.

The proposed amendment affects Parks and Wildlife Code, Chapter 67.

§65.950. Mountain Lions (Puma concolor).

(a) - (d) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 13, 2026.

TRD-202601597

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: May 24, 2026

For further information, please call: (512) 389-4775

CHAPTER 69. RESOURCE PROTECTION

The Texas Parks and Wildlife Department (the department) proposes the repeal of 31 TAC §69.47 and amendments to §§69.43 - 69.46, 69.48, 69.49, and 69.52, concerning Wildlife Rehabilitation Permits.

In 2021, the department conducted an extensive revision of wildlife rehabilitation rules to address longstanding concerns regarding programmatic inefficiency, noncompliance, and abuse (such as the persistent problem of permits being used to keep wildlife as pets or curiosities, which is not only undesirable, but unlawful). Because those revisions were quite significant, the department anticipated that additional revisions in the near term would be necessary in order to address unforeseen issues, eliminate conflicts, and make improvements. The proposed amendments would function, collectively, to reorganize the subchapter, address problematic processes, and improve administrative efficiencies with the goal of strengthening and improving the delivery of wildlife rehabilitation activities in Texas.

The proposed amendment to §69.43, concerning Definitions, would add definitions for "animal control authority," "large wildlife rehabilitation center," "licensed veterinarian," "reportable disease," and "wildlife health crisis." The proposed amendment would define "animal control authority" as "the local governmental entity responsible for regulating and/or enforcing laws applicable to the possession, control, welfare, and disposition of animals." The department has received numerous requests from various law enforcement and first-responder entities for assistance in identifying places and locations where persons may be holding wildlife, because first-responders find it helpful to know about the possibility of encountering captive wildlife in the course of their duties, and because there may be local ordinances and laws that apply to such situations. Therefore, the rules as proposed would require permittees to notify the local animal control authority of the existence and location of facilities and an unambiguous definition of that term is necessary to facilitate compliance and enforcement.

The rules as proposed would make regulatory distinctions based on the intensity and magnitude of rehabilitation efforts. Wildlife rehabilitation activities can vary greatly in scale and pace; some rehabilitators have very narrow areas of specialization and others operate what amount to trauma centers that can have significant staff and treat many animals per day or year. The proposed amendment to §69.45, concerning Permit Required, would acknowledge these scales by creating rule specific for the largest types of facilities. "Large Wildlife Rehabilitation Center" would define "Large Wildlife Rehabilitation Center" as "a registered facility that has received at least 3,000 animals in each of the preceding three years and employs the permittee on a full or part-time basis to conduct activities for which a permit under this subchapter is required," which is necessary to provide a standard for compliance, administration, and enforcement.

The department has determined that it is necessary to define "licensed veterinarian" as "a person licensed by the Texas Board of Veterinary Medical Examiners to practice veterinary medicine in Texas," which is necessary to ensure that all persons providing veterinary medical services to wildlife rehabilitators are lawfully able to do so by the state of Texas and are professionally accountable in the state of Texas.

The proposed amendment would define "reportable disease" as "a disease identified as reportable on the National List of Reportable Animal Diseases maintained by the Animal and Plant Health Inspection Service under the United States Department of Agriculture, or that meets criteria listed in 4 TAC §45.2(a) in the rules of the Texas Animal Health Commission." The definition is intended to acknowledge other state and federal rules that require certain persons to notify appropriate health authorities upon discovery of certain contagious diseases.

The proposed amendment also would define "wildlife health crisis" as "a circumstance or set of circumstances that threaten wildlife populations, biodiversity, ecosystem stability, or animal or human health, including through zoonotic pathogen spillover." The definition is necessary because the term is employed in current rule and the standard applied by the department to such situations should be clear with respect to the threshold for department responses to disease emergence, such as that posed by New World Screwworm, that threatens public wildlife resources and potentially, livestock, pets, and humans.

Finally, the proposed amendment would clarify that "supervisory permittee" and "permittee" are synonymous with respect to references in the rule, and would correct and relocate current paragraph (12) to preserve meaning and alphabetical order.

The proposed amendment to §69.44, concerning General Provisions, would consist of several actions. The department has determined that the section is unwieldy and thematically inconsistent; therefore, the proposed amendment would rearrange existing provisions according to shared applicability and relocate some provisions to other sections as noted.

The proposed amendment would relocate current subsections (e) - (l), (n), (q), and (r) to subsection (a) and redesignate those provisions as paragraphs, which is intended to group generally applicable provisions in one place. Current subsections (e) and (f) would become new paragraph (3)(A) and (B) under subsection (a); the contents of current subsection (c) would be retained but become new subsection(a)(4); current subsection (g) would become new paragraph (5); current subsection (j) would become new subsection (a)(6); current subsection (n) would become new subsection (a)(7); current subsection (q) would become new subsection (a)(8); and current subsection (r) would become new subsection (a)(9). The changes are purely organizational and nonsubstantive.

The proposed amendment to §69.44 would retain the provisions of current subsection (d) as new subsection (b)(2) and add new paragraph (1), which would require subpermittees to be at least 18 years of age and to have passed a department-administered examination with a score of 100 percent. The department has encountered situations in which persons listed as subpermittees are clearly too young and/or unqualified to be conducting or assisting in permitted activities; therefore, the department believes a standard is appropriate. The department believes it is reasonable to require that all subpermittees be at least 18 years of age and to have demonstrated a basic understanding of wildlife rehabilitation.

The proposed amendment would combine the provisions of current subsections (h) and (i) and place them in proposed new subsection (c) concerning Display to the Public.

The proposed amendment to §69.44 would also create new subsection (d) to address the possession of non-releasable wildlife. Wildlife is by definition animal life that is meant to live in a state of nature and not in a state of domestication. In the natural world, animals that cannot survive don't. In many cases, wildlife brought to wildlife rehabilitators cannot be restored to a state of health that would allow survival in the wild and thus cannot be returned to the wild ("non-releasable"), which dictates euthanasia unless there is a compelling argument for allowing the animal to be kept for use for education, socializing other wildlife of the same species, or some other specialized use that benefits the species or human understanding of wildlife. Current rule requires non-releasable wildlife to be euthanized except as provided for approved educational, fostering, or socialization purposes, or transfer to zoological, scientific, or educational permit holders; however, the department continues to be concerned about situations in which wildlife is being retained in contravention of these understandings, in effect, becoming pets or curiosities, and in some cases the department has reason to suspect that persons have obtained wildlife rehabilitation permits solely for such purposes, which defeats the entire purpose of the concept of wildlife rehabilitation. The department believes that the highest and best reality for wildlife is to live in the wild as part of and contributors to native ecosystems and that wildlife incapable of survival in the wild should be euthanized unless it can be used to benefit the species or human understanding of biology because the animal cannot live as nature intended. The department also wishes to avoid any possibility of inadvertently creating a legal pathway for the intentional acquisition of wildlife for personal use or enjoyment. For these reasons, the department proposes new provisions, in addition to the current provisions, that would require non-releasable wildlife to be kept at the permittee's registered facility and explicitly prohibit public display except as provided for educational purposes. The proposed amendment also would require non-releasable wildlife approved for educational display to be restrained at all times and would prohibit any touching or handling by the public at any time. The department reasons that explicit provisions carrying criminal penalties for violation are useful to emphasize that wildlife resources are owned by the people of the state and are not to be treated as pets, curiosity pieces, or commodities. For similar reasons, the current requirement restricting the possession of non-releasables to persons with at least three years as a permitted rehabilitator would be altered to increase the period of experience to five years. The proposed amendment would also relocate current §69.45(b) in new subsection (g).

The proposed amendment to §69.45, concerning Permit Required, would retitle the section to acknowledge the addition of new provisions to create four categories of wildlife rehabilitation permit, based on level of complexity, and to enhance quality control measures for satellite facilities.

The department has long experienced administrative difficulties associated with the various and disparate levels of operational complexity within the regulated community. As noted previously in this preamble, the universe of wildlife rehabilitation in Texas is very diverse, ranging from permittees who are highly specialized and work with a very small number of animals at a single facility to permittees who supervise large numbers of subpermittees and volunteers that treat a wide variety of animals at numerous satellite facilities. The one-size-fits-all nature of the current regulatory structure is problematic, particularly from the perspective of disease management, reporting and recordkeeping, and effective monitoring and tracking of the activities of subpermittees and volunteers. The department acknowledges the legitimate usefulness of satellite facilities, subpermittees, and volunteers, but is also concerned about both the abuse of those privileges (intentional and accidental) and the unwieldiness introduced by its complexity. There is an ongoing problem with the proliferation of subpermittees and volunteers under multiple permittees, permittees being listed as subpermittees under other permittees, geographical dispersion of satellite facilities, phantom facilities, and other, similar types of problems. Therefore, the department proposes to eliminate the current one-size-fits-all approach and replace it with a system of graduated permit types stratified by magnitude of subpermittee/volunteer/satellite facility activities.

The proposed amendment would create the Type A permit to address those rehabilitation activities that do not involve subpermittees or satellite facilities. This permit level would be the entry or default level of permit issuance but could also be utilized by permittees with very narrow and/or high specialized practices (for example, a rehabilitator that specializes only in rabbits). The Type B permit would address moderately more complex rehabilitation activities and would authorize up to five subpermittees, whose activities would be confined to the supervisory permittee's registered facility (i.e., no satellite facilities). To qualify for issuance of a Type B permit, the applicant would be required to document a minimum of two years' experience as a permitted wildlife rehabilitator in Texas. The department believes that two years of experience as a wildlife rehabilitator should be the minimum standard for supervision of other persons conducting wildlife rehabilitation activities as authorized under the subchapter. The Type C permit would address complex rehabilitation activities, authorize the permittee to supervise up to 10 subpermittees at up to five satellite facilities, and require the permittee to document at least five years of experience as a permitted wildlife rehabilitator in Texas as a condition of issuance. The department has determined that it is reasonable and logical to allow expansion of permit privileges in proportion to demonstrated responsible experience. Finally, the Type D permit would address very large wildlife rehabilitation activities conducted by permittees who are paid employees of an organization. A Type D permit would authorize any number of subpermittees at any number of satellite facilities, but would be conditioned on the permittee having at least five years documented experience as a permitted wildlife rehabilitator (in any state or states) and being a paid employee of a large wildlife rehabilitation center, as defined in the rules. The department reasons that very large wildlife rehabilitation operations operated or sanctioned by bona fide conservation/conservation-oriented organizations that employ experienced, demonstrably responsible permittees can be entrusted with significant latitude in conducting permitted activities.

The proposed amendment also would alter current subsection (c) to strengthen oversight provisions applicable to satellite facilities. The current rule requires supervisory permittees to visit satellite facilities no less frequently than once every 120 days to verify compliance with applicable provisions of the subchapter. The department has determined, on the basis of encountering several failures with respect to permittees ensuring that satellite facilities are compliant, that it is necessary to prohibit wildlife rehabilitation at any satellite facility unless the supervisory permittee has personally inspected the facility within the previous 120 days and documented in writing that the facility is being operated in compliance with the applicable provisions of the subchapter. In this way, the department intends to ensure that public resources are receiving appropriate care.

The proposed amendment would move current subsection (b) to §69.44 as noted previously in this preamble. Additionally, the proposed amendment would create new subsection (c) to prohibit any permittee from being listed as a subpermittee by another permittee. The department has encountered significant issues untangling webs of interconnected persons performing wildlife rehabilitation under multiple authorizations, which confounds department processes, most notably, the ability of the department to conduct epidemiological investigations in the event of a wildlife health crisis.

The proposed amendment also would relocate the provisions of current §69.44(q) as new subsection (f), reworded to acknowledge that amendment of permit provisions in the event of a declared wildlife health crisis would be effected by emergency rulemaking. Although other provisions of the rules allow the department to waive provisions of the subchapter in response to wildlife health crises, the department wishes to avoid any suggestion of engaging in ad hoc rulemaking in such situations and therefore seeks to make it abundantly clear that any amendments of permits in response to a health crisis will be done under the provisions of the Administrative Procedure Act and the Parks and Wildlife Code.

Finally, the proposed amendment would prohibit the possession of any animal under a wildlife rehabilitation permit for longer than 365 days unless recommended in writing by a licensed veterinarian and the department. As mentioned previously in this preamble, the intent of wildlife rehabilitation is the return of wildlife to native systems, with exceptions for certain non-releasables. The wildlife rehabilitation permit is not a pet permit, nor is it companion-animal permit. The department reasons that a year is sufficient time to restore most injured or sick wildlife to a state of health that would permit re-introduction to the wild, with the proviso that there could be legitimate reasons for additional time in extenuating circumstances.

The proposed amendment to §69.46, concerning Application for Permit, would impose specific experiential requirements for permit issuance. Current rules require only completion of a training course offered by a professional wildlife rehabilitation organization within three years of the application for a permit. The department has determined that this is inadequate and has resulted in issuance of permits to persons who seek a wildlife rehabilitation permit for purposes unrelated to bona fide wildlife rehabilitation (such as keeping wildlife as pets or conversation pieces, practices that historically have plagued the program), in addition to enabling permit issuance to persons who are not serious or are otherwise insufficiently committed to or experienced enough to ably practice wildlife rehabilitation. To remedy this situation, the proposed amendment would require applicants to document a minimum of 800 hours of wildlife rehabilitation experience at any level and to have been either a subpermittee in Texas or a permitted wildlife rehabilitator in any state for a minimum of two years. The department believes that persons meeting these requirements have demonstrated genuine commitment to the practice of wildlife rehabilitation. Proposed new subsection (b) would exempt current permittees from the proposed new requirements, but would stipulate that any person who allows a permit to lapse and subsequently seeks a permit would have to meet the proposed new requirements. Additionally, new applicants would be required to provide evidence of at least 20 hours of training or coursework provided by an accredited professional organization or an entity approved by the department, which is intended to replace the current educational requirement of any training within the previous three years, which is vague. The department believes it is appropriate to quantify the amount of professional training and establish a credible standard in order to ensure that applicants have made a credible and efficacious investment in continuing education and training.

The proposed amendment to §69.46 also would eliminate the current requirement for a letter from a licensed veterinarian known to the applicant and replace that standard with the requirement of a letter from a licensed veterinarian affirming that the veterinarian will provide veterinary consultation services to the applicant if a permit is issued. The department reasons that the current standard is little more than proof that two people are acquainted, whereas the proposed amendment would require an affirmation of willingness to provide professional advice and/or services, which the department believes is a higher standard that will improve the quality of wildlife rehabilitation in the state. Finally, the proposed amendment would reduce the minimum required score on a department-administered wildlife rehabilitation test, from 100% to 80% on a more comprehensive exam. The department assesses that persons who are capable of meeting the enhanced standards of the proposed new provisions need not be held to the 100% standard.

The amendment to §69.48, concerning Permit Renewals, would comport the provisions of subsection (a) to accommodate the changes made elsewhere to replace quarterly reporting with annual reporting for certain permittees, and would amend subsection (b) to require at least eight hours of training annually, as well as a letter from licensed veterinarian attesting to the willingness to provide consulting services to the permittee. The department believes it is important for permitted wildlife rehabilitators to participate in continuing education furnished by recognized professional organizations and associations so as to be aware of and familiar with current developments and trends that improve the quality and efficacy of wildlife rehabilitation delivery. Similarly, as discussed earlier in this preamble, the department believes it is important to document access to veterinary professionals for specialized expertise necessary to inform successful outcomes. The proposed amendment also would alter subsection (c) to cite the department's rules governing the process for denial of permit issuance or permit renewal.

The proposed amendment to §69.49, concerning General Facility Standards, would insert new subsection (b) to prohibit the registration of any facility located in a domestic residence that shares air handling equipment or access to water, housing or exercise space, or food in common with another domestic residence. The department seeks to eliminate wildlife rehabilitation activities in environments where the facilitation of disease propagation and spread is possible via cross-contamination or physical contact with sick wildlife, and to prevent wildlife rehabilitation activities in environments that are inappropriate in terms of noise and other disruptions that could interfere with or confound effective rehabilitation efforts (e.g., apartments, duplexes, townhomes, etc.).

The proposed amendment to §69.52, concerning Reports and Recordkeeping, would alter the title of the section to reflect notification requirements created by the proposed amendment in the form of possession of documentation of inspections of satellite facilities required under the proposed amendment to §69.45. The proposed amendment would also relax reporting requirements for all permittees that do not rehabilitate deer. In a previous rulemaking in response to the emergence of chronic wasting disease (CWD), the department imposed quarterly reporting requirements on all wildlife rehabilitators. The department has been persuaded that the quarterly reporting requirements can safely be restricted only to those permittees authorized to rehabilitate deer, and that there is negligible threat of CWD being spread from facilities not authorized to receive deer.

The proposed amendment would also require permittees to notify the appropriate local animal control authority, for reasons mentioned earlier in this preamble in the discussion of the proposed amendment to §69.43, concerning Definitions.

Finally, the proposed amendment would create new subsection (j) to require notification of the department upon learning of, discovering, or being informed that a reportable disease has been confirmed to exist in an animal or facility for which the permittee is responsible. The department believes it is axiomatic that the presence or detection of disease is something that should be reported immediately, so as to allow the department and any other involved entities the greatest amount of time to respond effectively.

The repeal of §69.47, concerning Refusal of Permit Issuance of Renewal; Review, is necessary because the department was directed by the Sunset Commission in 2022 to implement a uniform process governing department decisions to refuse issuance or renewal of non-recreational licenses and permits for which such processes are not prescribed by statute and prescribe a similar process regarding agency decisions to suspend or revoke a license or permit affected by the proposed new subchapter. Those rules are located at 31 TAC Chapter 56 and include the license affected by this rulemaking; thus, the section is no longer necessary.

Richard Heilbrun, Wildlife Division Deputy Director, has determined that for each of the first five years that the rules are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rules, because the rules will be administered and enforced by existing personnel using existing systems, equipment, and budget.

Mr. Heilbrun also has determined that for each of the first five years that the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the rule as proposed will be the implementation of rules that will increase the effectiveness and efficiency of wildlife rehabilitation in the state and enhance measures to ensure the biosecurity of wildlife rehabilitation activities in the state, thereby protecting native wildlife populations and natural systems, as well as having the benefit of protecting human and livestock health and safety.

There will be no direct adverse economic effects on persons required to comply with the rules as proposed. Although the rules as proposed would create additional requirements for permit issuance in the form of minimum standards of training and experience, the department reasons that those provisions do not affect current permittees except with respect to the requirement of eight hours of annual training in lieu of the non-specific standard in the current rules, which is "the completion of a training course." The department has determined that virtually any approved training course will satisfy the eight-hour requirement imposed by the rules as proposed. Additionally, the department notes that because the proposed provision prohibiting the registration of facilities with certain shared physical residential infrastructure, if adopted, would apply only to facilities registered after the effective date of the rules (i.e., not retroactively), there is no cost of compliance associated with the provision.

Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, and rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

The department has determined that no small businesses, microbusinesses, or rural communities will be affected by the proposed rules, because it is unlawful to conduct wildlife rehabilitation on a for-profit or commercial basis in this state. Therefore, the department has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will not create a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; create a new regulation (requirement for permittee presence at registered facilities); expand existing regulations (stratification of permit privileges, quantification of experience requirements for permit issuance and renewal); limit an existing regulation (by prohibiting rehabilitation activities in shared residential environments); will repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposal may be submitted to Lindsay Garza (830) 261-2716, e-mail: Lindsay.garza@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

SUBCHAPTER C. WILDLIFE REHABILITATION PERMITS

The amendments are proposed under Parks and Wildlife Code, §43.022, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation and authorizes the department to issue a permit to a qualified person to collect, hold, possess, display, transport, release, or propagate protected wildlife for scientific research, educational display, zoological collection, or rehabilitation.

The proposed amendments affect Parks and Wildlife Code, Chapter 43, Subchapter C.

§69.43. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(2) [(1)] Education--Activities that encourage management and conservation of wildlife resources or that are intended to increase the public's awareness and understanding of aspects of wildlife biology.

(3) [(2)] Final disposition--The terminal status of wildlife rehabilitation efforts due to transfer, retention, mortality, or euthanasia.

(4) [(3)] Fostering--Using a captive animal to rear young animals of the same species.

(5) [(4)] Holding--Retaining in captivity.

(6) [(5)] Human imprinting or human bonding--A dependency or fixation upon humans as parent substitutes or companions.

(9) [(6)] Non-releasable animal--An animal which, after rehabilitation, is determined by the department to be unlikely to survive in the wild if released.

(10) [(7)] Propagate--To allow animals to produce offspring.

(12) [(8)] Rehabilitation--The temporary caring for injured, orphaned, or sick wildlife until such animals can be released to the wild.

(14) [(9)] Satellite rehabilitation facility (satellite facility)--A facility registered with the department and operated by a subpermittee under the supervision of a permittee.

(15) [(10)] Socialize--Using a captive animal to teach wild behaviors to juvenile animals of the same species.

(16) [(11)] Subpermittee--A person authorized by a permittee to conduct activities governed by this subchapter.

(18) [(13)] Supervisory permittee--A permittee who is responsible for the activities of subpermittees listed on the permittee's permit and volunteers at the permittee's or subpermittee's facility or satellite facility, as applicable. Unless otherwise indicated, a reference to a permittee is a reference to the supervisory permittee.

(19) [(14)] Volunteer--An individual who is not a permittee or subpermittee and works with permitted wildlife in the presence of the permittee or subpermittee.

§69.44. General Provisions.

(a) General.

(1) Activities authorized by a permit issued under this subchapter shall be conducted only by the permittee and/or subpermittees named on the permit or volunteers in compliance with the requirements of this subchapter.

(2) [(b)] Except as provided in paragraph (4) of this subsection [subsection (c) of this section], activities authorized by a permit issued under this subchapter shall be conducted only at a rehabilitation facility or satellite facility registered with the department via an electronic application designated by the department for that purpose.

(4) [(c)] A permittee or subpermittee may possess sick or injured wildlife while not at a registered facility or satellite facility only for the amount of time necessary to stabilize and transport the wildlife to a registered facility or satellite facility.

(b) [(d)] Subpermittees and Volunteers.

(2) A volunteer may engage in permitted activities if:

(A) [(1)] the volunteer is identified on the daily volunteer log as required under §69.52 of this title (relating to Reports and Recordkeeping); and

(B) [(2)] the supervisory permittee or a subpermittee is present. At any time that the supervisory permittee or a subpermittee is not present, volunteer activity must be limited to feeding, watering, cleaning of cages and enclosures, and other custodial activities that involve only incidental contact with wildlife.

(e) [(m)] Deer. Wildlife rehabilitation of white-tailed deer and mule deer is restricted to fawns only. No permittee or subpermittee may accept or possess a white-tailed or mule deer that is in adult pelage (no spots). All white-tailed or mule deer received by a permittee shall immediately be identified by the attachment to the pinna of either ear of:

(1) a Radio Frequency Identification Device (RFID) button tag approved by the department; and

(2) a "dangle" type tag bearing the unique identifier assigned to the deer by the department.

(3) The RFID tag required by this subsection must have an associated 15-digit animal identification number conforming to the 840 standards of the United States Department of Agriculture, which number shall be reported to the department in accordance with the applicable provisions of §65.92 of this title (relating to Reports and Recordkeeping).

(4) It is an offense for any person to remove or allow the removal of a tag required by this subsection from a living white-tailed or mule deer.

(5) A permittee or subpermittee who transfers a white-tailed or mule deer shall notify the administrator of the wildlife rehabilitation program at least 24 hours but not more than 48 hours prior to and following the completion of the transfer.

(6) Deer must be released, transferred, or euthanized by the end of the calendar year in which they were born or at the time they grow adult pelage, whichever occurs first.

(7) The department may require any deer held under a permit issued under this subchapter to be tested for chronic wasting disease.

(f) [(o)] Disposition of Euthanized Wildlife. Euthanized wildlife and wildlife that has died while under the care of a permittee shall be:

(1) transferred to a person authorized by law to receive such wildlife;

(2) disposed of in a Type 1 landfill; or

(3) interred or incinerated onsite in compliance with any applicable local, state, or federal law regarding animal carcass burial or disposal.

(4) Open-pit disposal and burn-pile incineration are prohibited.

(g) [(p)] Exceptions.

(2) This subchapter does not apply to department personnel, or transport by animal control officers or peace officers in the performance of official duties.

§69.45. Permit Required; Permit Privileges.

(a) Except as may be otherwise provided by this subchapter, no person may possess wildlife for purposes of rehabilitation unless the person possesses a valid permit issued under the provisions of this subchapter, as follows.

(b) [(c)] A person may possess protected wildlife for rehabilitation purposes at a satellite facility, provided:

(1) the person is listed as a subpermittee on the valid permit of a supervisory permittee and possesses a copy of the valid permit at the satellite facility;

(A) the supervisory permittee has registered the facility with the department;

(B) the facility is in compliance with the facility standards set forth in §69.49 of this title (relating to General Facilities Standards) and any additional standards or requirements set forth in the permit provisions of the supervisory permittee; and

(C) the subpermittee engages only in the rehabilitation activities authorized by the department to be undertaken at the satellite facility, including but not limited to restrictions on numbers and kinds of animals, life stages, and any other restrictions deemed necessary by the department.

(2) A permittee who registers a satellite facility with the department shall be responsible for the conduct of the subpermittee at the satellite facility with respect to all activities governed under this subchapter and applicable permit provisions.

(3) No activities regulated under this subchapter shall take place at a registered satellite facility unless the supervisory permittee has personally inspected the satellite facility within the previous 120 days and documented in writing that [and shall visit each satellite facility no less frequently than once per 120 days to verify that] the satellite facility is compliant with the provisions of this subchapter and applicable permit provisions. The department may prescribe alternatives to physical visitation for permittees with a demonstrated history of compliance.

(4) [(3)] The department will not authorize the registration of more than one satellite facility per subpermittee.

(5) [(4)] No person may be a subpermittee for more than one permittee.

(d) No permittee shall change facility location or receive unauthorized species, or conduct unauthorized activities unless the permittee possesses an amended permit authorizing such activity.

(e) Permits issued under this section may be issued for any period of time not exceeding three years from the date of issuance.

§69.46. Application for Permit.

(a) An applicant for a permit under this subchapter must:

(1) be at least 18 years of age;[.]

(c) [(b)] Applications shall be made on forms supplied or approved by the department. Incomplete applications will not be processed.

(d) [(c)] Applications must be accompanied by:

(1) a copy of the certificate of completion or similar documentation provided by the course provider, of at least 20 hours of training/coursework provided by or under the auspices of[, within the preceding three years, of a training course offered by] the International Wildlife Rehabilitation Coalition, the National Wildlife Rehabilitator's Association, or other organization or entity approved by the department;

(2) a letter of recommendation from a [licensed veterinarian and/or] permitted wildlife rehabilitator with at least three years' experience as a permitted wildlife rehabilitator attesting to personal knowledge of the applicant's experience and competence at wildlife rehabilitation [who has known the applicant for at least two years]; and

(3) a test score of at least 80 percent [100] on a department-administered wildlife rehabilitation examination.

(e) [(d)] Permits for the taking or holding of federally protected species shall not be valid unless the permittee also possesses a valid federal permit authorizing possession of those species.

(f) [(e)] Except for persons authorized to do so under the terms of zoological permits, no person holding a permit authorizing the propagation for sale of wildlife shall be authorized to rehabilitate those species.

§69.48. Permit Renewals.

(a) Renewal applications shall be made on a form provided by the department and shall be submitted with the annual or final quarterly report required by §69.52 of this title (relating to Notifications, Reports, and Recordkeeping) by no later than January 15 of each year.

(b) Renewal applications shall not be processed until the department has received all reports required by §69.52 of this title accompanied by evidence of at least one of the following:

(1) completion of at least eight hours per permit year of training or coursework provided by or under the auspices of [a training course offered by] the International Wildlife Rehabilitation Coalition, the National Wildlife Rehabilitator's Association, or other department-approved organization or entity [within the preceding three years];

(2) a current Wildlife Rehabilitator Certification provided by the International Wildlife Rehabilitation Coalition; or

(3) attendance at a national wildlife rehabilitators conference within the preceding three years; and

(c) The department may deny a renewal as provided in Chapter 56 [§69.47] of this title (relating to Agency Decision to Refuse License or Permit Issuance or Renewal and Agency Decision to Suspend or Revoke Affected License or Permit [Refusal of Permit Issuance or Renewal; Review]).

§69.49. General Facilities Standards.

(a) All facilities shall be subject to inspections by the department. A first-time applicant's facilities shall be inspected by the department and no permit shall be issued until the facilities are determined to satisfy all of the applicable facilities standards of this subchapter.

(1) The department may specify individual caging requirements on a case-by-case basis.

(2) Clean water shall be available at all times except where medical circumstances require the temporary denial of water.

(3) Feces and waste materials shall be removed on a daily basis except for species which normally re-ingest fecal material.

(4) Cages shall be cleaned and disinfected using non-irritating methods.

(5) A person authorized by permit shall observe and provide care for wildlife at least once daily unless otherwise specified by the permit.

(c) [(b)] White-tailed deer and mule deer held under a permit issued under this subchapter shall be confined at all times within a department-approved enclosure (indoor, outdoor, or both) that is constructed in such a fashion as to prevent both escape and contact with other deer or susceptible species as defined in Chapter 65, Subchapter B, of this title (relating to Disease Detection and Response). The department will not authorize the rehabilitation of deer by a permittee if the permittee's facility is not in compliance with this subsection.

§69.52. Notifications, Reports, and Recordkeeping.

(a) At each registered facility for which a permittee is responsible, the [Each] permittee [and each subpermittee who operates a satellite facility] shall maintain, on a form provided or approved by the department:

(1) a daily log of all animals acquired or received for rehabilitation. The daily log shall, at a minimum, consist of the following:

(A) the species and sex (if possible) of each animal acquired or received;

(B) the date and time that each animal was acquired or received;

(C) the name, address, phone number, and, if possible, an email address for each person from whom an animal is acquired or received;

(D) the approximate or exact geographical location where each animal was found before being acquired or obtained;

(E) a reference identifier assigned to the wildlife;

(F) the RFID tag number assigned to a white-tailed or mule deer; and

(G) final disposition data for each animal, including:

(i) the cause of final disposition;

(ii) the date and time of final disposition; and

(iii) the method and location of disposition, including but not limited to:

(I) GPS coordinates for any release location;

(II) the name, address, phone number, and email address of the landowner of a property where wildlife is released; and

(III) the name, address, phone number, email address, and permit number (if applicable) of any person to whom wildlife is transferred, if wildlife is transferred; and

(2) a daily log of all volunteers who engage in permitted activities at the permittee's facility. The daily volunteer log shall record:

(A) the first and last name of each volunteer;

(B) a valid phone number and email address for each volunteer;

(C) the date the volunteer arrived at the facility;

(D) the time the volunteer arrived at the facility; and

(E) the time the volunteer departed the facility; and [.]

(b) Except as specified in subsection (c) of this section for permittees authorized to possess deer, a [Each] permittee [and each subpermittee who operates a satellite facility] shall complete and submit [quarterly reports] to the administrator of the department's rehabilitation program an annual report documenting all permitted activities conducted by all individuals listed on the permit, including activities conducted by subpermittees at satellite facilities. The report shall be submitted by January 15 of each year. [until the department designates an electronic application for that purpose, at which time the quarterly reports required by this section shall be filed via electronic application. The reports required by this section must be received by the department by January 15, April 15, July 15, and October 15 of each year.]

(f) [(3)] The [quarterly] reports required by this section must be filed even if no permitted activities took place during the reporting [quarterly] period.

(g) [(c)] The following shall be retained at the permitted facility and kept available for inspection by the department for a period of two years from generation:

(1) copies of all reports required by this section;

(2) the daily logs required by this section; and

(3) the written landowner permission to release wildlife required under the provisions of 69.51(g) of this title (relating to Release of Rehabilitated Wildlife).

(i) [(d)] The registrations, reports, and notifications required by this subchapter shall be submitted via email to the administrator of the department's wildlife rehabilitation program until the department designates an electronic application for that purpose, at which time all reports and notifications shall be filed via the electronic application.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 13, 2026.

TRD-202601599

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: May 24, 2026

For further information, please call: (512) 389-4775

The repeal is proposed under Parks and Wildlife Code, §43.022, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation and authorizes the department to issue a permit to a qualified person to collect, hold, possess, display, transport, release, or propagate protected wildlife for scientific research, educational display, zoological collection, or rehabilitation.

The proposed repeal affects Parks and Wildlife Code, Chapter 43, Subchapter C.

§69.47. Refusal of Permit Issuance or Renewal; Review.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 13, 2026.

TRD-202601600

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: May 24, 2026

For further information, please call: (512) 389-4775

PART 18. TEXAS GROUNDWATER PROTECTION COMMITTEE

CHAPTER 601. GROUNDWATER CONTAMINATION REPORT

The Texas Groundwater Protection Committee (TGPC or committee) proposes amendments to 31 Texas Administrative Code (TAC) §§601.1 - 601.3, 601.5 and 601.10.

Background and Summary of the Factual Basis for the Proposed Rules

The purpose of this rule proposal is to implement the provisions of Senate Bill (SB) 2124 and to address provisions of SB 1663, both passed during the 89th Legislature Regular Session (2025).

SB 2124 amended the publication deadline for the committee's annual Joint Groundwater Monitoring and Contamination Report (Joint Report). SB 1663 amended the list of entities to receive notice of groundwater contamination to include the residents of each residential address within one mile of the contamination site and allowed alternative delivery methods.

The rule proposal amends the publication deadline for the Joint Report to align with the date referenced in Texas Water Code (TWC), §26.406(c) and updates the form and content for a notice of groundwater contamination to more closely align with the new requirements in TWC, §26.408(b). The rule proposal also makes clarifying language updates to one sub-section of 31 TAC Chapter 601, along with additional non-substantive grammatical and formatting changes for improved clarity and consistency.

The rules in 31 TAC Chapter 601 define the conditions that constitute groundwater contamination for the purpose of inclusion of cases in the public files for each state agency having responsibilities related to the protection of groundwater. The rules also describe the contents of the committee's Joint Report required under TWC, §26.406. The Joint Report describes the current status of groundwater monitoring activities conducted by or required by each agency at regulated facilities or associated with regulated activities; contains a description of each case of groundwater contamination documented during the previous calendar year; contains a description of each case of contamination documented during the previous year for which enforcement action was incomplete at the time of issuance of the preceding report; and, indicates the status of enforcement action for each case of contamination which is listed.

The rules also specify the form and content of a notice of groundwater contamination as directed by TWC, §26.408(c). The charge to the committee under TWC, §26.408(c) is limited to adopting rules that prescribe the form and content of the notice required under §26.408(b). Currently, 31 TAC §601.10 references who receives notice: specifically, the owner of a private drinking water well that may be affected by the contamination and each applicable Groundwater Conservation District (GCD). SB 1663 added that notice must be provided to all residents at each residential address within one mile of the contamination, which is not included in the rule. Since applicability is addressed by TWC, §26.408(c) and the committee is not charged by statute with further defining applicability, the proposed rulemaking removes applicability provisions in the first paragraph of 31 TAC §601.10. The proposed rulemaking also updates the content of the notification.

Section by Section Discussion

The proposed amendment to §601.1, Purposes of Rules, adds a comma at the end of sub-section (2) and clarifies that the form and content of the notice of groundwater contamination is required under TWC, §26.408(c).

The proposed amendment to §601.2, Applicability, adds a comma at the end of sub-section (9).

The proposed amendment to §601.3, Definitions, in sub-section (8), removes a comma after "Texas Water Code, §26.403(c)" and updates the names of two member agencies to match those listed in §601.2, Applicability.

The proposed amendment to §601.5, Joint Groundwater Monitoring and Contamination Report, aligns the Joint Report's publication deadline with the date referenced in TWC, §26.406(c), clarifies that the Joint Report is an annual report, and adds a comma at the end of sub-section (2).

The proposed amendment to §601.10, Form and Content of Groundwater Contamination Notice, clarifies that the form and content of the notice of groundwater contamination is required under TWC, §26.408(c); references TWC, §26.408(b) instead of listing those that receive the notification; adds a comma at the end of sub-section (1); and, updates the content of the notice of groundwater contamination required under TWC, §26.408(c) to include a website or other resource with the name of the contaminant(s), the general location of the known groundwater contamination, and contact options for further information.

Fiscal Note: Costs to State and Local Government

Mr. James-Eric Simon, for the chairman of the committee acting on behalf of the committee, determined that during the first five-year period the proposed amendments are in effect, no significant fiscal implications are anticipated to state and local government as a result of the administration of the proposed amendments to the rule. This includes governmental entities that are members of the committee as well as local governmental entities providing information for the Joint Report.

Public Benefits and Costs

Mr. Simon determined that for the first five years the proposed amendments are in effect, the public benefit will be compliance with state law, specifically SB 2124 from the 89th Legislature Regular Session (2025). The proposed rulemaking will not result in fiscal implications for individuals or businesses during the first five-year period the proposed rules are in effect.

Local Employment Impact Statement

The committee reviewed this proposed rulemaking and determined that a Local Employment Impact Statement is not required because the proposed amendments do not adversely affect a local economy in a material way for the first five years that the proposed amendments are in effect.

Rural Communities Impact Assessment

The committee reviewed this proposed rulemaking and determined that it does not adversely affect rural communities in a material way for the first five years that the proposed rules are in effect because the proposed amendments would apply statewide and have the same effect in rural communities as in urban communities.

Small Business and Micro-Business Assessment

The committee reviewed this proposed rulemaking and determined that no adverse fiscal implications are anticipated for small or micro-businesses due to the implementation or administration of the proposed rules for the first five-year period the proposed rules are in effect.

Small Business Regulatory Flexibility Analysis

The committee reviewed this proposed rulemaking and determined that a Small Business Regulatory Flexibility Analysis is not required because the proposed rules do not adversely affect a small or micro-business in a material way for the first five years the proposed rules are in effect.

Government Growth Impact Statement

The committee reviewed this proposed rulemaking and determined that it does not create or eliminate a government program and will not require an increase or decrease in future legislative appropriations to the committee. The proposed rulemaking does not require the creation of new employee positions, eliminate current employee positions, nor require an increase or decrease in fees paid to the committee. The proposed rulemaking amends an existing regulation, and it does not create, expand, repeal, or limit this regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years, the proposed rules should not impact positively or negatively the state's economy.

Written comments concerning the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis may be submitted to the contact person at the address listed under the Submittal of Comments section of this preamble.

Draft Regulatory Impact Analysis Determination

The committee reviewed the proposed amendments in consideration of the regulatory analysis of major environmental rules required by the Texas Government Code (TGC). The following is a summary of that review.

The committee determined that the rulemaking is not subject to TGC, §2001.0225(a) because it does not meet the definition of a "Major environmental rule" as that term is defined in TGC, §2001.0225(g)(3).

Section 2001.0225 applies to a "Major environmental rule" adopted by a state agency, the result of which is to exceed standards set by federal law, exceed express requirements of state law, exceed requirements of delegation agreements between the state and the federal government to implement a state and federal program, or adopt a rule solely under the general powers of the agency instead of under a specific state law. A "Major environmental rule" is a rule, the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector or the state.

The 89th Legislature Regular Session (2025) enacted SB 2124, which amended TWC, Chapter 26, Subchapter J (Groundwater Protection) by changing the date referenced in TWC, §26.406(c), which is also the date the committee, in conjunction with the commission, must publish not later than June 1, rather than April 1, of each year a "Joint Groundwater Monitoring and Contamination Report" (Joint Report) covering the activities and findings of the committee made during the previous calendar year as part of its continuing duty to coordinate state agency actions to protect groundwater quality and terrestrial and aquatic life.

The committee's rules require that in cases of groundwater contamination, all state agencies having responsibilities related to protecting groundwater must document each case in the public files of that state agency. The Joint Report requires these applicable state agencies' programs to close out calendar year activities and gather and analyze significant volumes of data. The committee must then combine all the agencies' programs' data and conduct further analysis. Because quality assurance and control are integral components of the process to prepare the Joint Report, changing the date that the Joint Report must be published to June 1, rather than April 1, of each year the Joint Report is required, allows the committee two more months to finish the time-intensive analysis required to prepare the Joint Report.

Therefore, the specific intent of the proposed rule amendments is related to maximizing the quality assurance and control integral to the committee's implementation of state law. SB 2124 amends Chapter 26 of the TWC by changing the date referenced in TWC, §26.406(c), and the proposed rulemaking amends the committee rules found at Title 31 of the Texas Administrative Code, Chapter 601 (Groundwater Contamination Report), which implements TWC, Subchapter J (Groundwater Protection). The proposed rule amendments align the Joint Report's publication deadline with the date referenced in TWC, §26.406(c).

Certain aspects of the committee's Joint Report rules are intended to protect the environment or reduce risks to human health from environmental exposure. However, the proposed rulemaking will not adversely affect in a material way the economy, a sector of the economy, productivity, competition, or jobs; nor would the proposed rulemaking adversely affect in a material way the environment, or the public health and safety of the state or a sector of the state. Therefore, the proposed rulemaking does not fit the TGC, §2001.0225 definition of "Major environmental rule."

Even if this rulemaking was a "Major environmental rule," this rulemaking meets none of the criteria in TGC, §2001.0225 for the requirement to prepare a full Regulatory Impact Analysis. First, this rulemaking is not governed by federal law. Second, it does not exceed state law but rather amends an applicable date within state law and committee rules. Third, it does not come under a delegation agreement or contract with a federal program, and finally, it is not being proposed under the committee's general rulemaking authority. This rulemaking is being proposed under a specific state statute amended in SB 2124 of the 89th Legislature Regular Session (2025) and implements existing state law found at TWC, §26.406 that mandates that the committee publish a Joint Report. Because this proposal does not constitute a major environmental rule, a regulatory impact analysis is not required.

Therefore, the committee does not adopt the rules solely under the committee's general powers. The committee invites public comment on the draft regulatory impact analysis determination. Written comments may be submitted to the contact person at the address listed under the Submittal of Comments section of this preamble.

Takings Impact Assessment

The committee evaluated the proposed rulemaking and performed an analysis of whether it constitutes a taking under TGC, Chapter 2007. The following is a summary of that analysis.

Under TGC, §2007.002(5), "taking" means a governmental action that affects private real property, in whole or in part or temporarily or permanently, in a manner that requires the governmental entity to compensate the private real property owner as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Section 17 or 19, Article I, Texas Constitution; or a governmental action that affects an owner's private real property that is the subject of the governmental action, in whole or in part or temporarily or permanently, in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the governmental action and is the producing cause of a reduction of at least 25% in the market value of the affected private real property, determined by comparing the market value of the property as if governmental action is not in effect and the market value of the property determined as if the governmental action is in effect.

The specific purpose of the proposed rulemaking is to implement the legislative amendments to the TWC in SB 2124 by amending committee's Joint Report rules. The committee's Joint Report rules do not regulate property but instead regulate the documentation of groundwater contamination. The proposed rulemaking will substantially advance the stated purpose by amending rule language that requires that the committee publish the Joint Report on April 1 of a calendar year that a Joint Report is required, to June 1 of that calendar year.

Promulgation and enforcement of the proposed rules will not be a statutory or constitutional taking of private real property because, as the committee's analysis indicates that Chapter 2007 of the TGC does not apply to these proposed rules because these rules do not impact private real property in a manner that would require compensation to private real property owners under the United States Constitution or the Texas Constitution. Specifically, the proposed rulemaking does not apply to or affect any landowner's rights in any private real property because it does not burden (constitutionally), restrict, or limit any landowner's right to real property and reduce any property's value by 25% or more beyond that which would otherwise exist in the absence of the regulations. The primary purpose of the proposed rules is to implement SB 2124 by changing the date referenced in TWC, §26.406(c). The proposed rulemaking is reasonably taken to fulfill requirements of state law. Therefore, the proposed rulemaking will not cause a taking under TGC, Chapter 2007. The committee invites public comment on the Takings Impact Assessment. Written comments may be submitted to the contact person at the address listed under the Submittal of Comments section of this preamble

Consistency with the Coastal Management Program

The committee reviewed the proposed rulemaking and found that the rules are neither identified in Coastal Coordination Act Implementation Rules, 31 TAC §29.11, nor will it affect any action or authorization identified in Coastal Coordination Act Implementation Rules, 31 TAC §29.11. Therefore, the proposed rules are not subject to the Texas Coastal Management Program. The committee invites public comment on the Consistency with the Coastal Management Program.

Written comments on the consistency of this rulemaking may be submitted to the contact person at the address listed under the Submittal of Comments section of this preamble.

Submittal of Comments

Written comments may be submitted to Gwen Ricco, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to fax4808@tceq.texas.gov. Electronic comments may be submitted at: https://tceq.commentinput.com/comment/search. File size restrictions may apply to comments being submitted via the Texas Commission on Environmental Quality (TCEQ) Public Comments system. All comments should reference Rule Project Number TGPC-2026-1. The comment period closes on May 26, 2026. Please choose one of the methods provided to submit your written comments.

Copies of the proposed rulemaking can be obtained from the committee's website at https://www.tgpc.texas.gov. For further information, please contact Michael Parr, TCEQ Environmental Law Division, (512) 239-0611, or Kathy McCormack, TCEQ Water Availability Division, (512) 239-3975.

SUBCHAPTER A. GENERAL PROVISIONS RELATING TO PUBLIC FILES AND JOINT REPORT

Statutory Authority

The Texas Groundwater Protection Committee (TGPC or committee) proposes these amendments to the committee's rules under the Texas Water Code (TWC). TWC, §26.403 establishes the committee and its members, while TWC, §26.401 identifies the committee's purpose, and TWC, §26.405 provides the committee with the authority to carry out its duties and general powers under its jurisdictional authority as provided by TWC, §26.405(1). TWC, §§26.404(e) and 26.406(d) require the committee to adopt any rule necessary to carry out its powers and duties under the TWC and other laws of the state. Lastly, TWC, §26.406(c) requires the committee, in conjunction with the commission, to publish the annual Joint Groundwater Monitoring and Contamination Report (Joint Report).

These amendments implement Senate Bill 2124, 89th Legislature Regular Session (2025), TWC, §§26.401, 26.403 - 26.406.

§601.1. Purposes of Rules.

The purposes of this chapter are:

(1) to implement duties and responsibilities assigned to the committee under Texas Water Code, §26.406, concerning the maintenance by member agencies of public files containing documented cases of groundwater contamination and the publication by the committee, in conjunction with the commission, of annual groundwater monitoring and contamination reports;

(2) to establish general policies of the committee to guide that implementation; and,

(3) to specify the form and content of the notice of groundwater contamination required under Texas Water Code, §26.408(c) [§26.408].

§601.2. Applicability.

This chapter specifically applies to each state agency or organization having membership on the committee. The committee is composed of:

(1) the Texas Commission on Environmental Quality;

(2) the Texas Department of State Health Services;

(3) the Texas Department of Agriculture;

(4) the Railroad Commission of Texas;

(5) the Texas Water Development Board;

(6) the Texas Alliance of Groundwater Districts;

(7) the Texas A&M AgriLife Research;

(8) the Bureau of Economic Geology of the University of Texas at Austin;

(9) the Texas State Soil and Water Conservation Board; and,

(10) the Water Well Drillers and Pump Installers Program of the Texas Department of Licensing and Regulation.

§601.3. Definitions.

The following words and terms, when used in this chapter, have the following meanings.

(1) Act--House Bill 1458 (71st Legislature, 1989) codified, with amendments, as Texas Water Code, §§26.401 - 26.408.

(2) Commission--Texas Commission on Environmental Quality.

(3) Committee--Texas Groundwater Protection Committee.

(4) Documented groundwater contamination--A case of groundwater contamination in which a member agency has an established procedure for making a determination based on the quality of groundwater and the information pertinent to making the determination is maintained by that member agency under §601.4(b) of this title (relating to Public Files).

(5) Enforcement action--Any action of the member agencies, identified in §601.2 of this title (relating to Applicability), that accomplishes or requires the identification, documentation, monitoring, assessing, or remediation of groundwater contamination.

(6) Groundwater--Water below the land surface in a zone of saturation.

(7) Groundwater contamination--The detrimental alteration of the naturally occurring physical, thermal, chemical, or biological quality of groundwater. Except for an underground source of drinking water granted an aquifer exemption by the commission with concurrence from the United States Environmental Protection Agency in accordance with 40 Code of Federal Regulations Parts 144 - 146, and 30 TAC Chapter 331 (relating to Underground Injection Control), groundwater contamination, for purposes of inclusion of cases in the public files and the joint groundwater monitoring and contamination report, is limited to contamination reasonably suspected of having been caused by activities or by entities under the jurisdiction of the member agencies identified in §601.2 of this title (relating to Applicability) and affecting groundwater that contains a concentration of:

(A) less than or equal to 10,000 milligrams per liter (mg/liter) of dissolved solids; or

(B) greater than 10,000 mg/liter of dissolved solids if it is:

(i) currently extracted for beneficial use such as domestic, industrial, or agricultural purposes; or

(ii) hydrologically connected with, and with the potential for contaminant movement to, a surface water body or another zone of groundwater that has a concentration of less than or equal to 10,000 mg/liter of dissolved solids.

(8) Member agency--A state agency or organization designated by law under Texas Water Code, §26.403(c)[,] to serve on the committee and be subject to its rules. Member agencies are listed in §601.2 of this title (relating to Applicability). Member agencies having responsibilities related to protection of groundwater include the commission, the Texas Department of Agriculture, the Railroad Commission of Texas, and the Texas State Soil and Water Conservation Board.

§601.5. Joint Groundwater Monitoring and Contamination Report.

Joint Groundwater Monitoring and Contamination Report. In conjunction with the commission, the committee shall publish not later than the date referenced in Texas Water Code, §26.406(c) the annual [April 1 of each year a] joint groundwater monitoring and contamination report covering the activities and findings of the committee made during the previous calendar year. The report must:

(1) describe the current status of groundwater monitoring programs conducted by or required by each member agency at regulated facilities or in connection with regulated facilities;

(2) contain a description of each case of groundwater contamination documented during the previous calendar year and of each case of groundwater contamination documented during previous years for which enforcement action was incomplete at the time of issuance of the preceding report; and,

(3) indicate the status of enforcement action for each case of groundwater contamination that is included in the report.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 13, 2026.

TRD-202601601

Kathy Mccormack

Project Manager, Water Availability Division

Texas Groundwater Protection Committee

Earliest possible date of adoption: May 24, 2026

For further information, please call: (512) 239-2678

SUBCHAPTER B. NOTICE OF GROUNDWATER CONTAMINATION

Statutory Authority

The Texas Groundwater Protection Committee (TGPC or committee) proposes these amendments to the committee's rules under the Texas Water Code (TWC). TWC, §26.403 establishes the committee and its members, while TWC, §26.401 identifies the committee's purpose, and TWC, §26.405 provides the committee with the authority to carry out its duties and general powers under its jurisdictional authority as provided by TWC, §26.405(1). TWC, §§26.404(e) and 26.406(d) require the committee to adopt any rule necessary to carry out its powers and duties under the TWC and other laws of the state. Lastly, TWC, §26.408(c) requires the committee, by rule, to prescribe the form and content of the groundwater contamination notice required under TWC, §26.408(b).

These amendments address provisions of Senate Bill 1663, 89th Legislature Regular Session (2025), TWC, §26.408(b).

§601.10. Form and Content of Groundwater Contamination Notice.

Form and Content of Groundwater Contamination Notice. This section establishes the form and content of the notice required under Texas Water Code, §26.408(c). When notice of groundwater contamination, as defined in §601.3(7) of this title (relating to Definitions), is provided under Texas Water Code, §26.408(b) [§26.408 to the owner of a private drinking water well that may be affected by the contamination and to each applicable groundwater conservation district], the notice shall:

(1) be in writing; and,

(2) [contain,] at a minimum, contain or direct the recipient to a website or other resource with the following information:

(A) the name of the contaminant(s) [contaminant or contaminants];

(C) [(F) who to] contact options for further [more] information.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 13, 2026.

TRD-202601602

Kathy Mccormack

Project Manager, Water Availability Division

Texas Groundwater Protection Committee

Earliest possible date of adoption: May 24, 2026

For further information, please call: (512) 239-2678