Texas Parks and Wildlife Commission
Public Hearing

August 2002 Commission Meeting

Committee and Public Hearing Synopsis Reports


REGULATIONS COMMITTEE
August 28, 2002

ITEM 1: Chairman’s Charges

ITEM 2: 2002-2003 Migratory Game Bird Proclamation – Late Season

Presenter: Vernon Bevill

This item apprises the committee of anticipated developments in the federal regulatory process and amends the Migratory Game Bird Proclamation to:

Note: The provisions of the Migratory Game Bird Proclamation affecting early-season species of migratory birds were adopted following the May Commission meeting. Because this item seeks adoption of the provisions affecting late-season species of migratory game birds, the early-season provisions as adopted are not shown.

ITEM 3: Scientific Breeder Regulations Disease Testing and Monitoring Measures

Presenter: Jerry Cooke

This item presents voluntary efforts by the membership of the Texas Deer Association to implement adequate testing and monitoring protocols to detect tuberculosis and Chronic Wasting Disease in captive herds. The item also presents potential amendments to the Scientific Breeder Proclamation to:

ITEM 4: Nongame Commercial Permit Regulations

Presenter: John Herron

This item amends the regulations governing the collection and sale of nongame wildlife and regulations concerning endangered species:

The proposed changes include:

ITEM 5: Alternative Licensing Rules

Presenter: Jerry Cooke

This item amends the Statewide Hunting and Fishing Proclamation to incorporate provisions for the issuance of alternative licenses should the department’s automated point-of-sale system become inoperable. The provisions would:

FINANCE COMMITTEE
August 28, 2002

ITEM 1: Chairman’s Charges

ITEM 2: FY03 Operating and Capital Budget and Texas Parks and Wildlife Investment Policy, Budget Policy

Presenter: Suzy Whittenton

Staff will present the recommended FY2003 operating, capital and grant budget for consideration by the Committee. The presentation will cover appropriation and cash limits as well as program issues and stamp fund allocation considered in development of the budget. A discussion on the Legislative Appropriation Request for FY 04-05 will be included.

Also, the agency’s investment policy and budget policy will be discussed and reviewed by the Finance Committee.

ITEM 3: Point of Sale Update

Presenter: Suzy Whittenton

Staff will update the Commission on the implementation of the new license system. The update will include information regarding the finalization of the system implementation as well as preparation for the new license year.

ITEM 5: License Legibility Rules

Presenter: Suzy Whittenton

Staff will present on proposed amendments to Title 31, TAC, Chapter 53, Finance that will add a new rule specifying standards for licenses, including legibility. The changes are required by provisions in Senate Bill 305 (TPWD’s Sunset legislation).

ITEM 6: Grants

Presenter: Tim Hogsett

Local Park Fund Outdoor Recreation Grants

This item will:

Small Community Grants

This item will:

Regional Park Grants

This item will:

Recreation Trails Grants

Action item to award federal funds allocated under the National Recreational Trail Grants for trail construction, renovation and acquisition projects. These funds must be obligated to projects by the end of federal fiscal year September 30, 2002.

This item will:

Target Range Grants

Two new target range grant projects are proposed, one in Archer County and one in Eastland County, each at a total federal cost of $60,000.00. The Archer County Shooting Sports Association and Eastland Rifle and Pistol Club both plan to construct range and classroom facilities to support 4-H Shooting Sports, Boy Scouts and hunter education efforts. Each has approximately $30,000 of in-kind match to contribute to their projects.

CONSERVATION COMMITTEE
August 28, 2002

ITEM 1: Chairman’s Charges

ITEM 2: Land and Water Resources Conservation and Recreation Plan Resolution

Presenters: Emily Armitano, Jeff Francell, Chris Beckom

The purpose of this item is for the Commission to approve the draft Land and Water Resources Conservation and Recreation Plan.

The Presentation will also include a demonstration of the Inventory Database created for the plan and available on the Texas Parks and Wildlife Department’s intranet website.

ITEM 3: Nomination for Oil and Gas Lease – Harris County

Presenter: Ronnie Ray

The Board for Lease for Parks and Wildlife Lands has received a nomination at Sheldon Lake State Park for an oil and gas lease sale offering.

ITEM 4: Land Sale – Tarrant County

Presenter: Jack Bauer

Eagle Mountain Lake SP, purchased in 1982 but never developed or opened to the public is recommended for sale to the Permanent School Fund of the General Land Office. The 400-acres have remained on the General Land Office (GLO) annual report to the Governor as “underutilized or unused.” The property was purchased for $3.9M, appraised for $3.6M in 1998, and is currently valued at $6.6M. Staff recommends selling the property for the purpose “…to acquire other real estate property dedicated to the same purpose for which the land sold was dedicated” under authority vested Parks and Wildlife Code and Seventy-seventh Legislature’s General Appropriation Act Rider. The Land and Water Plan recommends disposition of the property. The Fort Worth area remains underrepresented in conservation and recreation resources. Closed bid offerings by the Department, or through the GLO, or a direct sale to the Permanent School Fund are viable disposition options.

ITEM 5: Land Sale – Harris County

Presenter: Jack Bauer

Real Property associated with the Seabrook Lab in the City of Seabrook has been vacated; Coastal Fisheries and Resource Protection staffs have moved to a newly remodeled facility in Dickinson. The Seabrook facility, considered as excess property, has been offered to the City of Seabrook at appraised value of $340,000. This item presents the sale transaction for consideration and action.

ITEM 6: Land Sale – Austin County

Presenter: Jack Bauer

Real property associated with the golf course at Stephen F. Austin State Park is recommended for sale to the Stephen F. Austin Golf Association. The Golf Association operates the course under a 50-year lease from TPWD. Because of erosion of the adjacent Brazos River, acquisition of additional property will be required to keep the course open. TPWD staff and the Golf Association recommend the ownership of the golf course property be sold to the golf association so that they can accomplish acquisition for expansion of the course as a business venture. Sale of the course property at the appraised value of $220,000 is recommended.

ITEM 7: Land Acquisition – Cameron County

Presenter: Jack Bauer

Land acquisition of approximately 117 acres is recommended as a habitat addition at the Longoria Unit of the Las Palomas WMA.

ITEM 8: Land Acquisition – Smith County

Presenter: Jack Bauer

Land acquisition of approximately 600 acres is recommended as a habitat addition to the Old Sabine Bottom WMA.

ITEM 9: Land Acquisition – WillacyCounty

Presenter: Jeff Francell

The acquisition of a perpetual lease at the Arroyo Colorado Unit of the Las Palomas Wildlife Management Area in the Lower Rio Grande Valley.

PUBLIC HEARING SYNOPSIS REPORTS
PUBLIC HEARING
August 29, 2002

ACCEPTANCE OF GIFTS

RETIREMENT CERTIFICATES AND SERVICE AWARDS

PRESENTATION – Texas Rivers

Presenter: Lydia Saldaña

PRESENTATION – National Fishing Institute Turtle Conservation Award

Presenter: Hal Osburn

ITEM 1: ACTION – Approval of Agenda

ITEM 2: BRIEFING – Texas Wildlife Expo

Presenter: Ernie Gammage

A briefing on planning and production of the 2002 Texas Wildlife Expo including sponsor and activity update, marketing overview and viewing of the 2002 marketing video.

ITEM 3: BRIEFING – TPWD/USFWS Relations

Presenter: Gary Graham

Dale Hall, the recently appointed director of the U.S. Fish and Wildlife Service's Southwest region, which has its headquarters in Albuquerque will make the presentation to the Commission. He will focus on the agency's efforts on working more cooperatively with ranchers, farmers, developers and others rather than imposing new restrictions on land use to protect threatened and endangered species.

ITEM 4: ACTION – Local Park Fund Outdoor Recreation Grants

Presenter: Tim Hogsett

This item will:

ITEM 5: ACTION – Small Community Grants

Presenter: Tim Hogsett

This item will:

ITEM 6: ACTION - Regional Park Grants

Presenter: Tim Hogsett

This item will:

ITEM 7: ACTION - Recreational Trails Grants

Presenter: Tim Hogsett

Action item to award federal funds allocated under the National Recreational Trail Grants for trail construction, renovation and acquisition projects. These funds must be obligated to projects by the end of federal fiscal year September 30, 2002.

This item will:

ITEM 8: ACTION – Target Range Grants

Presenter: Tim Hogsett

Two new target range grant projects are proposed, one in Archer County and one in Eastland County, each at a total federal cost of $60,000.00. The Archer County Shooting Sports Association and Eastland Rifle and Pistol Club both plan to construct range and classroom facilities to support 4-H Shooting Sports, Boy Scouts and hunter education efforts. Each has approximately $30,000 of in-kind match to contribute to their projects.

ITEM 9: ACTION – FY03 Operating and Capital Budget and Texas Parks and Wildlife Investment Policy, Budget Policy

Presenter: Suzy Whittenton

Staff will present the recommended FY2003 operating, capital and grant budget for consideration by the Commission. The presentation will cover appropriation and cash limits as well as program issues and stamp fund allocation considered in development of the budget. A discussion on the Legislative Appropriation Request for FY 04-05 will be included.

Also, the agency’s investment policy and budget policy will be discussed and reviewed by the Commission.

ITEM 10: ACTION – License Legibility Rules

Presenter: Suzy Whittenton

Staff will present proposed amendments to Title 31, TAC, Chapter 53, Finance that will add a new rule specifying standards for licenses, including legibility. The changes are required by provisions in Senate Bill 305 (TPWD’s Sunset legislation).

ITEM 11: ACTION – Alternative Licensing Rules

Presenter: Suzy Whittenton

This item amends the Statewide Hunting and Fishing Proclamation to incorporate provisions for the issuance of alternative licenses should the department’s automated point-of-sale system become inoperable. The provisions would:

ITEM 12: ACTION – Scientific Breeder Regulations Disease Testing and Monitoring Measures

Presenter: Jerry Cooke

This item presents voluntary efforts by the membership of the Texas Deer Association to implement adequate testing and monitoring protocols to detect tuberculosis and Chronic Wasting Disease in captive herds. The item also presents potential amendments to the Scientific Breeder Proclamation to:

ITEM 13: ACTION – Migratory Game Bird Proclamation – Late Season

Presenter: Vernon Bevill

This item apprises the committee of anticipated developments in the federal regulatory process and amends the Migratory Game Bird Proclamation to:

ITEM 13: ACTION – Migratory Game Bird Proclamation – Late Season

Presenter: Vernon Bevill

Note: The provisions of the Migratory Game Bird Proclamation affecting early-season species of migratory birds were adopted following the May Commission meeting. Because this item seeks adoption of the provisions affecting late-season species of migratory game birds, the early-season provisions as adopted are not shown.

ITEM 14: ACTION – Nongame Commercial Permit Regulations

Presenter: John Herron

This item amends the regulations governing the collection and sale of nongame wildlife and regulations concerning endangered species.

The proposed changes include:

ITEM 15: ACTION – Land and Water Resources Conservation and Recreation Plan Resolution

Presenters: Emily Armitano, Jeff Francell, Chris Beckom

The purpose of this item is for the Commission to approve the draft Land and Water Resources Conservation and Recreation Plan.

The Presentation will also include a demonstration of the Inventory Database created for the plan and available on the Texas Parks and Wildlife Department’s intranet website.

ITEM 16: ACTION – Nomination for Oil and Gas Lease – Harris County

Presenter: Ronnie Ray

The Board for Lease for Parks and Wildlife Lands has received a nomination at Sheldon Lake State Park for an oil and gas lease sale offering.

ITEM 17A: ACTION – Land Sale – Tarrant County

Presenter: Jack Bauer

Eagle Mountain Lake SP, purchased in 1982 but never developed or opened to the public is recommended for sale to the Permanent School Fund of the General Land Office. The 400-acres have remained on the General Land Office (GLO) annual report to the Governor as “underutilized or unused.” The property was purchased for $3.9M, appraised for $3.6M in 1998, and is currently valued at $6.6M. Staff recommends selling the property for the purpose “…to acquire other real estate property dedicated to the same purpose for which the land sold was dedicated” under authority vested Parks and Wildlife Code and Seventy-seventh Legislature’s General Appropriation Act Rider. The Land and Water Plan recommends disposition of the property. The Fort Worth area remains underrepresented in conservation and recreation resources. Closed bid offerings by the Department, or through the GLO, or a direct sale to the Permanent School Fund are viable disposition options.

ITEM 17B: ACTION – Land Sale – Harris County

Presenter: Jack Bauer

Real Property associated with the Seabrook Lab in the City of Seabrook has been vacated; Coastal Fisheries and Resource Protection staffs have moved to a newly remodeled facility in Dickinson. The Seabrook facility, considered as excess property, has been offered to the City of Seabrook at appraised value of $340,000. This item presents the sale transaction for consideration and action.

ITEM 17C: ACTION – Land Sale – Austin County

Presenter: Jack Bauer

Real property associated with the golf course at Stephen F. Austin State Park is recommended for sale to the Stephen F. Austin Golf Association. The Golf Association operates the course under a 50-year lease from TPWD. Because of erosion of the adjacent Brazos River, acquisition of additional property will be required to keep the course open. TPWD staff and the Golf Association recommend the ownership of the golf course property be sold to the golf association so that they can accomplish acquisition for expansion of the course as a business venture. Sale of the course property at the appraised value of $220,000 is recommended.

ITEM 18A: ACTION – Land Acquisition – Cameron County

Presenter: Jack Bauer

Land acquisition of approximately 117 acres is recommended as a habitat addition at the Longoria Unit of the Las Palomas WMA.

ITEM 18B: ACTION – Land Acquisition – Smith County

Presenter: Jack Bauer

Land acquisition of approximately 600 acres is recommended as a habitat addition to the Old Sabine Bottom WMA.

ITEM 18C: ACTION – Land Acquisition – Willacy County

Presenter: Jeff Francell

The acquisition of a perpetual lease at the Arroyo Colorado Unit of the Las Palomas

Wildlife Management Area in the Lower Rio Grande Valley.


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