(a) The commission by rule may establish a disease surveillance program for elk.
(b) Rules adopted under this section must:
(1) require each person who moves elk in this state to have elk tested for chronic wasting disease or other diseases as determined by the commission;
(2) be designed to protect the health of the elk population in this state; and
(3) include provisions for testing, identification, transportation, and inspection under the disease surveillance program.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B misdemeanorup to 180 daysup to $2,000
Class C misdemeanorup to $500
For details, see Texas Penal Code § 12.22 and

Terms Used In Texas Agriculture Code 161.0541

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
  • Rule: includes regulation. See Texas Government Code 311.005
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(c) A person commits an offense if the person knowingly violates a rule adopted by the commission under this section.
(d) An offense under Subsection (c) is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has previously been convicted of an offense under that subsection, in which event the offense is a Class B misdemeanor.