Presenter: Suzy Whittenton

Commission Agenda Item No. 10
Action
License Legibility Proposal
August 2002

I. Discussion: Section 30 of Senate Bill 305 (TPW Sunset) requires TPW rules to specify standards for licenses, including legibility. At the May 2002 commission meeting, staff presented information on proposed amendments to Title 31, TAC, Chapter 53, Finance, which would specify such standards. The proposal included provisions regarding minimum font size and paper/print quality. The committee authorized staff to publish the proposed changes in the Texas Register for public comment. The proposed rules appeared in the July 12, 2002 issue of the Texas Register.

As of this writing, no comments on the proposal have been received.

II. Recommendation: Staff recommends that the Texas Parks and Wildlife Department adopt the following motion:

“The Texas Parks and Wildlife Commission adopts new 31 TAC 53.100 concerning License Format and Legibility, with changes to text as published in the July 12, 2002 issue of the Texas Register (27 TexReg 6236).”

Attachments – 2
1. Exhibit A – Proposed Rules
2. Exhibit B – Fiscal Note (Available upon request)


Commission Agenda Item No. 10
Exhibit A

License Standards
Proposal Preamble

1. Introduction.

The th Legislative Session, which directs the agency to adopt rules to specify standards for licenses, including legibility of the license.

2. Fiscal Note.

3. Public Benefit/Cost Note.

Ms. Whittenton also has determined that for each of the first five years the rule as proposed is in effect:

(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be improved consistency in format and legibility of licenses.

(B) There will be no adverse economic effects on small businesses, microbusinesses, or persons required to comply with the rule as proposed.

(C) 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.

(D) 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.

4. Request for Public Comment.

Comments on the proposed rule may be submitted to Julie Horsley, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744, (512) 389-4913 (e-mail: Julie.Horsley@tpwd.state.tx.us).

5. Statutory Authority.

The new section is proposed under Parks and Wildlife Code, §12.703, which authorizes the commission to specify standards for licenses, including legibility of the license.

The new section affects Parks and Wildlife Code, §12.703

§53.100. License Format and Legibility. The provisions of this section do not apply to licenses sold directly via the Internet for printing by the customer.

(1)Except as provided in this section, all licenses issued by the department or an agent of the department will conform to format requirements established by the department for a given license year.

(2) In negotiating contract provisions regarding the license sales system, the department will consider the following guidelines regarding license format and legibility:

(A) Licenses issued by the department or an agent of the department should be:

(i) printed on durable paper (or plastic);

(ii) waterproof;

(iii) tear resistant; and

(iv) printed in a fashion that renders the text indelible .

(B) License print should be:

(i) a size that is reasonable, within the constraints of the overall size of the license;

(ii) in no case a font size less than 6pt; and

(iii) a color that contrasts with the background.

(C) Information on the license, including tags, will be presented in a consistent and orderly manner and will meet any Texas statutory requirement and/or Texas Parks and Wildlife Commission regulation.

(D) The executive director may waive the provisions of this section singly or entirely in the event that unforeseeable circumstances or emergencies make it impractical to comply without jeopardizing the ability of the public to purchase and immediately enjoy the privileges of licensure.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

Issued in Austin, Texas, on


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