(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.
(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.