Finance Committee

Wednesday, 9:00 a.m., April 15, 1998

Commission Hearing Room
4200 Smith School Road
Austin, TX 78744
Item
No.
Subject Public Hearing
Agenda Item No.
  Approval of the Committee Minutes from the previous meeting.  
  Summary of Minutes  
1. Chairman's Charges (Oral Presentation) Committee Only
2. Financial Review
Staff: Jayna Burgdorf
Committee Only
3.

Reciprocal License Agreement
Staff: Ken Kurzawski

Committee Only
4. Nonresident Raptor Trapper's Permit
Staff: John Herron
10
5. Other Business  

Summary of Minutes
Texas Parks and Wildlife Commission
Finance Committee
January 21, 1998

BE IT REMEMBERED that heretofore on the 21st day of January 1998, there came to be heard matters under the regulatory authority of the Parks and Wildlife Commission of Texas, in the commission hearing room of the Texas Parks and Wildlife Headquarters complex, Austin, Travis County, Texas beginning at 3:06 p.m., to wit:

I. FINANCE COMMITTEE:

Chair: Dick Heath, Chair
Mickey Burleson
Nolan Ryan
Lee M. Bass
Ernest Angelo, Jr.
John Avila, Jr.
Ray Clymer
Susan Howard-Chrane
Carol Dinkins

II. OPENING STATEMENT:

Commissioner Dick Heath called the meeting to order. The opening statement was read into the record by Executive Director Andrew Sansom.

III. APPROVAL OF MINUTES:

Commissioner Dick Heath asked for a motion to approve the minutes from the November 5, 1997 meeting. The motion was moved by Commissioner Mickey Burleson and seconded by Commissioner Susan Howard-Chrane. The motion passed unanimously.

IV. THE FOLLOWING ITEMS WERE PRESENTED TO THE COMMITTEE:

1. BRIEFING - Chairman's Charges

Presenter: Andrew Sansom

Finance Committee Chairman Dick Heath stated that all of the charges of this committee are ongoing. Two specific charges will be addressed today; one later in the Infrastructure Committee meeting, and the other in the financial review.

Mr. Sansom stated that he along with Mr. Bob Cook and Mr. Kemp Long had met with the State Auditor's team last week and are well under way with the management audit envisioned in the charges. The audit is focused primarily on State Parks. Progress will be reported at Commission meetings.

We are finalizing negotiations with our point-of-sale contractor on an amendment which includes the recommendation to create a format change to the license itself as directed in the chairman's charges.

2. BRIEFING - Financial Review

Presenter: Ms. Jayna Burgdorf

Financial information for major accounts based on the four months of the fiscal year was presented as follows:

Account 9 Game, Fish and Water Safety constitutes roughly 50% of our agency's total revenue. License sales and boat registration are about 75% of account 9. License revenue up 1.8 million through January 14, 1998 from prior year including overall combination license sales which are up 3% as compared to last year. Resident fishing sales are flat at this time. Four months into the fiscal year reflects 16% of annual revenue from boat registration and titling. Revenue is up $170,000 over FY97 for the same time frame.

Account 64, State Park four-month comparisons show that revenue is up 2% from the prior year. Concession budgets were added to the income statement to more accurately reflect our financial condition. The capital account will reflect the proceeds of the revenue bond issuance. Proceeds are expected on March 17 and the interest rate is expected to be 5%. The first payment will be made August 1 of this fiscal year.

Chairman Heath encouraged staff to look at comparisons and respond to any developing trends. He also asked staff to look into the idea of a non-resident supercombo.

Commissioner Ray Clymer requested an update on the implementation of the new financial system and bill payment process. Ms. Burgdorf explained that the backlog of bills had not been completely resolved, but that in the past 4 to 6 weeks substantial improvements were made. Employees had been given weekly updates on the progress of bill payments. Meetings were held with State Parks staff including Andy, Jayna and Bob to address concerns and issues including bill payment. Ms. Burgdorf further explained that exceptions to older bills are being made to ensure they are paid first, and bill payments are expected to be current by the end of the month.

3. ACTION - Acceptance of Gifts

Presenter: Ms. Jayna Burgdorf

SB 145 requires all gifts of money or property with a value of $500 or more to be accepted in an open meeting and included in the minutes. Mrs. Burgdorf explained that this on-going process could be handled as a consent agenda item in future meetings. This item recommended adoption of the rules to be listed in the Texas Register.

The motion was moved by Commissioner Carol Dinkins and seconded by Commissioner John Avila, Jr. The motion passed unanimously.

V. OTHER BUSINESS

Chairman Heath stated that for three years we have reported on a regular basis to our constituents and the public through our annual report. The 1997 Annual Report was presented by Ms. Lydia Saldana who explained that the report covers the highlights of 1997 and looks ahead to 1998. She stated that copies would be distributed to all legislators, our major constituents, key members of the media and individuals invited to our annual public hearing held in August.

VI. ADJOURNMENT

Commissioner Dick Heath adjourned the committee at 3:25 p.m.


Committee Agenda Item No. 1
Presenter: Andrew Sansom

Finance Committee
Briefing
Chairman's Charges
April 1998

(This item will be an oral presentation.)


Committee Agenda Item No. 2
Presenter: Jayna Burgdorf

Finance Committee
Briefing
Financial Review
April 1998

I. Discussion: Staff will present a financial review for FY 98, including an update on Account 9, Game, Fish and Water Safety and Account 64, State Parks. This presentation will focus on the sale of hunting and fishing licenses, boat registration and titling fees, and State Park fees. An overview of the strategic planning and budget process will be presented. This will be an oral slide presentation by Chief Financial Officer, Jayna Burgdorf.


Committee Agenda Item No. 3
Presenter: Andrew Sansom

Finance Committee
Briefing
Legislative Appropriations Status
April 1999

I. Discussion: The Texas Parks and Wildlife Department proposes amendment of §53.1, concerning License Issuance Procedures, Fees, Possession and Exemption Rules. The proposed amendment implements statutory changes and agreements reached with Louisiana that simplify licensing requirements for anglers fishing waters along the Texas-Louisiana border.

Proposed amendments to the section will allow persons who hold valid Louisiana non-resident fishing licenses to fish all waters that form a common boundary between Texas and Louisiana without obtaining a Texas non-resident license. This action is contingent on Louisiana allowing the same privileges to persons who hold valid Texas non-resident fishing licenses. Louisiana representatives have agreed to this action. Legislative changes in HB 2542 gave the Commission authority to enter into such agreements.

The amendment would also allow residents of Louisiana who meet the licensing requirements of their state to fish all waters that form a common boundary between Texas and Louisiana. This action is contingent on Louisiana allowing the same privileges to persons who hold valid Texas resident fishing licenses which they have done in the past. Legislative changes in HB 2542 deleted specific references to licensing requirements for border waters with Louisiana. Changes to §53.1(d) are needed to reinstate these agreements in our regulations.

II. Recommendation: The staff recommends the Finance Committee adopt the following motion:

"The Finance Committee of the Parks and Wildlife Commission authorizes staff to publish proposed amendments to Section 53.1, concerning License Issuance Procedures, Fees, Possession and Exemption Rules in the Texas Register for public comment."

Attachment - 1

1. Exhibit A - Proposed License Issuance Procedures, Fees, Possession and Exemption Rules


Committee Agenda Item No. 3
Exhibit A

Proposed Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes amendment of §53.1, concerning License Issuance Procedures, Fees, Possession and Exemption Rules. The proposed amendment implements statutory changes and agreements reached with Louisiana that simplify licensing requirements for anglers fishing waters along the Texas-Louisiana border.

Proposed amendments to the section will allow persons who hold valid Louisiana non-resident fishing licenses to fish all waters that form a common boundary between Texas and Louisiana without obtaining a Texas non-resident license. This action is contingent on Louisiana allowing the same privileges to persons who hold valid Texas non-resident fishing licenses. Louisiana representatives have agreed to this action. Legislative changes in HB 2542 gave the Commission authority to enter into such agreements.

The amendment would also allow residents of Louisiana who meet the licensing requirements of their state to fish all waters that form a common boundary between Texas and Louisiana. This action is contingent on Louisiana allowing the same privileges to persons who hold valid Texas resident fishing licenses which they have done in the past. Legislative changes in HB 2542 deleted specific references to licensing requirements for border waters with Louisiana. Changes to §53.1(d) are needed to reinstate these agreements in our regulations.

2. Fiscal Note.

Robin Riechers, staff economist, has determined that for each of the first five years that the rules as proposed are in effect, there will be fiscal implications to state or local governments as a result of enforcing or administering the rules. The department may experience some loss of revenue from non-residents who are licensed in Louisiana who would now be allowed to fish the Texas side of all border waters. Current rules require those non-residents to purchase a Texas non-resident fishing license to fish in the Texas portion of all border waters.

3. Cost Benefit Analysis.

Mr. Riechers has also determined that for each of the first five years the rules as proposed are in effect:

(A) The public benefit anticipated as a result of administering or enforcing the rules as proposed will be consistency in regulations concerning license requirements for fishing on Texas border waters.

(B) There are no anticipated effects on small businesses, and the cost to individuals required to comply with the rules as proposed will decrease as some current license holders will be exempted from license purchase requirements in the future.

(C) The department has not filed a local impact statement with the Texas Employment Commission as required by the Administrative Procedures Act, Government Code, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

4. Request for Public Comment.

Comments on the proposed amended section may be sent to Ken Kurzawski, Inland Fisheries Division, 4200 Smith School Rd., Austin, TX, 78744, (512) 389-4591. Comments may also be sent by electronic mail to ken.kurzaswski@tpwd.state.tx.us.

5 Statutory Authority.

The new amendments are proposed under Parks and Wildlife Code, §41.003-41.006, which provides the Parks and Wildlife Commission with the authority to enter into reciprocal license agreements with states having a common border with Texas to govern the issuance and fees for fishing and migratory waterfowl hunting licenses.

§53.1. License Issuance Procedures, Fees, Possession and Exemption Rules.

(a) Hunting license possession.

(1) No person may hunt deer or turkey in this state without having a valid hunting license in immediate possession.

(2) No person may hunt species other than deer or turkey in this state without having a valid hunting license in immediate possession unless the person has acquired a license by telephone and has a valid authorization number in his possession. Authorization numbers shall only be valid for 20 days from date of purchase.

(b) Fishing license possession.

(1) No person may fish in this state without having a valid fishing license in immediate possession unless that person is exempt from holding a fishing license or has acquired a license by telephone and has a valid authorization number in possession. Authorization numbers shall only be valid for 20 days from date of purchase.

(2) No person may catch and retain a red drum 28 inches or more in length in this state without having a valid fishing license and red drum tag in immediate possession.

(c) Issuance of licenses and stamps by telephone.

(1) A person may acquire recreational hunting and/or fishing licenses by telephone from the department or its designated representatives by agreeing to pay a $3.00 convenience fee per license in addition to the normal license fee.

(2) A person may acquire recreational hunting and/or fishing stamps by telephone from the department or its designated representatives by agreeing to pay a $3.00 convenience fee per stamp order in addition to the normal stamp fee(s). This fee shall not be charged if a license is acquired during the same transaction.

(d) The following categories of persons are exempt from fishing license requirements and fees for the license years beginning September 1, 1995, and thereafter:

(1) residents under 17 years of age;

(2) non-residents under 17 years of age;

(3) non-residents 65 years of age or older from Kansas and Louisiana;

(4) non-residents 64 years of age or older from Oklahoma; [and]

(5) residents whose birth date is before September 1, 1930.

(6) persons who hold valid Louisiana non-resident fishing licenses while fishing on all waters inland that form a common boundary between Texas and Louisiana from a line across Sabine Pass between Texas Point and Louisiana Point if the State of Louisiana allows a reciprocal privilege to persons who hold valid Texas annual or temporary non-resident fishing licenses; and

(7) residents of Louisiana who meet the licensing requirements of their state while fishing on all waters inland that form a common boundary between Texas and Louisiana from a line across Sabine Pass between Texas Point and Louisiana Point if the State of Louisiana allows a reciprocal privilege to Texas residents who hold valid Texas fishing licenses.

(e) Effective September 1, 1996, and thereafter, an administrative fee of $1.00 shall be charged for replacement of lost or destroyed licenses, stamps, or permits. This fee shall not be charged for items which have a fee for duplicates otherwise prescribed by rule or statute.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's regulatory authority.

Issued in Austin, Texas on

William D. Harvey, Ph.D.
Regulatory Coordinator
Texas Parks and Wildlife Department
1-800-792-1112, extension 4642 or
512-389-4642


Committee Agenda Item No. 4
Presenter: John Herron

Finance Committee
Action
Nonresident Raptor Trapper's Permit – Fees
April 1998

(This is Public Hearing Agenda Item No. 10.)


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