Finance Committee

Wednesday, 9:00 a.m., Nov. 7, 2001

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 and Update
Staff: Suzy Whittenton
Committee Only
3. License System Update
Staff: Suzy Whittenton, Terry Lewis
Committee Only
4. Boat Fees/State Park Fees
Staff: Suzy Whittenton, Walt Dabney
Committee Only
5. Artwork Approval
Staff: Frances Stiles
8
6. Nonprofit Partners, Employee Fundraising, and Youth-Appropriate Advertising
Staff: Gene McCarty
Committee Only
7. Other Business  

Summary of Minutes
Texas Parks and Wildlife Commission
Finance Committee

August 29, 2001

BE IT REMEMBERED that heretofore on the 29th day of August 2001, 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 10:30 a.m., to-wit:

I. FINANCE COMMITTEE:

Ernest Angelo, Jr., Chair
Donato D. Ramos
Carol E. Dinkins
Phillip Montgomery, III
John Avila, Jr. (absent)
Alvin L. Henry
Katharine Armstrong Idsal
Mark E. Watson, Jr.
Joseph Fitzsimons

II. OPENING STATEMENT: Commissioner Ernest Angelo, Jr. called the meeting to order.

III. APPROVAL OF MINUTES: Commissioner Ernest Angelo, Jr. asked for a motion to approve the minutes from the May 30, 2001 meeting. The motion was moved by Commissioner Mark Watson, Jr. and seconded by Commissioner Donato Ramos. The motion passed unanimously.

IV. THE FOLLOWING ITEMS WERE PRESENTED TO THE COMMITTEE:

1. Chairman’s Charges

Presenter: Mr. Andrew Sansom

Mr. Sansom mentioned that the Sunset Bill has specifications that will be overseen by the Finance Committee. This includes limiting contracts for publications and terminating any contracts the department has for the advertisement of tobacco. We will need to develop guidelines for employee fundraising above $500, create a business plan for statewide commercial projects, and update department policy and analysis to reflect current State and Federal economic opportunity laws, and equal opportunity laws. We will also need to identify and assist nonprofit organizations that partner with the department, and of specific interest there we will need to establish an official nonprofit partner. We will also participate, as appropriate, in the effort to obtain voter approval for a bond issue in the November election. The bond election, if approved, would provide the department with $103 million for deferred maintenance, for annual maintenance over the next several years, and for a number of specific projects. We will also identify a program to identify and classify participants in the vessel and outboard motor industries in the State. In addition, the 77th Legislature will require us to evaluate the potential for issuance a revenue bond for the Admiral Nimitz Museum and to adjust rates for licenses in each the commercial fishery programs. We will also review and implement the State Auditor recommendations and review all fees to increase revenue and ensure a fair fee structure for our customers.

2. FY2002 Operating and Capital Budget and Texas Parks and Wildlife Investment Policy

Presenter: Ms. Suzy Whittenton

Ms. Whittenton gave a financial review for FY01 and explained that we sold approximately 3.2 million licenses, stamps and permits, or 2 percent less than previous year. However, this resulted in $2.9 million in additional revenue primarily due to the shift from regular license to super combo and the increase of the saltwater stamp fee. Hunting sales were up 3.5 percent in total sales. Overall fishing revenue was also up 1.3 percent for the new FY02 license year which began August 15, revenue is already up a half million dollars over FY01 which is about 12 percent. The increase is believed to be due to the promotion that we had. Boat fees are up about $385,000 over prior year. We believe they will come in at approximately $13.6 million for the year. We started FY01 with park fees down significantly, however they are currently only down 4 percent. We project the total park revenue will be about $23.8 million by the end of the fiscal year. Our original estimate was $23 million, so we still plan to exceed our original estimate.

We anticipate the ending cash balance as of August. 31, 2001 to be as follows: State Parks Account: $1.87 million; Account 9: $3.8 million; and Local Parks Account: $8 million. These funds can be used toward the FY02 budget. We will also get approximately $37.7 million in general revenue from the unclaimed boat and motor fuels tax. Also, we got an additional $4.2 million from the Legislature for state parks and the World Birding Center. We also have other general revenue that can be used in various ways. In park revenue, we are forecasting $26.2 million in Fund 9 we are estimating license revenue at $61.6 million and boat fees at $13.5. We have federal funds totaling $47.6 million. We are also anticipating the commercial shrimp fee increase will bring in an additional $.6 million and the Saltwater stamp surcharge will bring in $1.4 million. The other categories include public hunt, fines, boat tax and interest and are expected to total $15.7 million. When you roll it all together from all sources, we have about $263 million to work with.

We are anticipating having $263 million available for FY02; however some of those funds are set aside for specific uses. Some impacts on the budget include the pay raises that the Legislature passed for State employees and the increased costs of benefits. The Legislature also approved HB 2071 which requires the State agencies pay reimbursement for statewide services through a cost allocation plan. It is estimated that these type of increases will cost Fund 9 about $600,000. Other impacts include general operating expense impacts that we’ve been experiencing for a year or so now such as electric, natural gas and gasoline. The travel reimbursement rates have also increased and will have an impact to our budget. These costs were unanticipated and we are having to absorb $9 million of new costs. For FY02 we are looking at a base budget at 97% of the FY01 budget which also includes that an additional 2% be set aside for salary lapse through delayed hiring. We are also asking for $3 million to be set aside for small maintenance and repairs and there will be no major capital projects included in this recommendation since there are no new bond funds available. Proposition 8 will be on the November ballot, but even if it is passes we won’t have the authority to spend any of that money until FY03. The recommended total operating budget is $197.8 million and that includes some supplemental funds, some dedicated funding and some revenue generated projects. With this there is also the increased cost of the hardware and software maintenance of $200,000 which we have to pay no matter what. The Parks and Wildlife Magazine has experienced a cost of postage and paper increase and will need an additional $150,000. The game wardens had set aside funding in the amount of $300,000 for computer equipment. The Sunset Bill requires us to do an inventory of State lands, so we’ve set aside some money to outsource that activity. In order to make the cuts needed we’re doing a lot of delayed hiring, delayed vehicle and boating equipment purchases, cut some of the unfilled positions and we’re delaying expansion of our Wide Area Network. We have also cut some general costs such as travel and supplies and delayed some Capital projects.

In the Capital budget we had requests of $19 million and we are able to recommend $5.2 million. Most of that is small maintenance and repair. We have $1.6 million in acquisition money set aside to be used for land and water purposes and the Bastrop Hinckley purchase. The major repair funds will be used for the railroad. The recommended grant budget is $41.8 million. When you add up the three budget types it’s a total of $244.8 million.

Our current FTE cap is set at 3035 which includes 81 new positions that the Legislature gave us for park openings and for the World Birding Center.

The State Auditor’s Office noted that we didn’t have a documented methodology for allocating supercombo sales to the stamp funds; therefore Gary Graham will assist in presenting the recommendation on this year’s allocation. The staff has worked on developing a methodology whereby we would conduct surveys of the supercombo license holders for two years to reliably estimate a number of probable stamp users. Then we would take that number and add it to the actual buyers of the stamps and multiply that by the discounted stamp value to come up with the amount that would actually be placed into the various stamp funds. It was also discussed that we may want to evaluate the white wing stamp for the purpose of possibly going to the Legislature and asking that it s statutory authority or the obligation to have the stamp be removed since white-wing dove are more wide-spread now. We had discussed the possibility for an upland game bird stamp which would include white wing dove, turkey, doves, mourning doves and quail.

The current budget policy states that budget adjustments that exceed $100,000 require the notification of the Chairman of the Commission and the Chairman of the Finance Committee and budget adjustments that exceed $150,000 require signatures of each of the two chairs. It was requested that budget changes for Federal funds be exempted from the policy since they are usually limited as to what they can be used for. The Investment Policy provides for all funds to be deposited in the treasury. We have about $27,000 of existing stock that could be sold that we have been retaining since the 1950’s. The Budget Policy and the Investment Policy must be approved by the Commission each year.

3. Fee Review

Presenter: Ms. Suzy Whittenton

Ms Whittenton lead the discussion regarding a review of our current fees. The reason we need to do a fee review is due to increased costs associated with insurance, legislatively mandated pay raises for FY02 and the possibility of an additional pay raise for FY03. We currently have a lack of cash balances since we were directed by the Legislature a few years back to decrease them. Our last fee increase was in 1996. The only fee increases that have happened since then were in the park fees which are set by a range and they vary from park to park. The park entrance fee ranges are set by the Commission; however TPW staff has the authority to raise fees within those set ranges and therefore the Parks Division does yearly market analysis and adjustments to those fees as necessary. We are currently looking at the need of about $24 million in long-term needs. If Proposition 8 bond election passes in November then we could subtract the capital items from the list and that would help us significantly.

When you compare our current fees to the Consumer Price Index we have not kept up with inflation except for the fishing license which surpassed the CPI in the early 1990’s when its fee was increased to be even with the cost of a hunting license. If you look at the Combination license that was created in 1996 for $49, if you used the CPI that same license would cost $55 in 2001. If we did a 10%-25% across the board increase we would probably bring in between $7 million to $21 million depending on the elasticity factor of what the market could bear. For a supercombo a 10% increase would be $54; 20% would be $59; and 25% would be $61. After the 1996 fee increase license sales dropped 4.8%; however they went back up the following year to about level. We didn’t see much impact to the boat registration and titling or state park entrance rates after fee increases.

Chairman Idsal will create a State Parks Advisory group which will provide a venue for feedback and scoping meetings.

Mr. Sansom mentioned that we will begin scoping meetings immediately and explain our fixed costs that have been increasing so they will understand what the issues are that we are facing.

4. Grants

Presenter: Tim Hogsett

Mr. Hogsett gave background information regarding the Outdoor Recreation Grants program which if funded through the Texas Recreation and Parks Account. This is a 50% matching grant program for local governments for parks and recreation lands and facilities. We award grants twice a year and as the January 31, 2001 deadline we received 43 applications for a total request of $16.1 million in matching funds. Staff recommends funding the top 14 ranked applications for a total amount of $5.58 million.

Mr. Hogsett explained the definition of local governments and the grant process. Local governments typically are cities, counties, river authorities and in some cases municipal utility districts. The law says that for a local government to be eligible for our assistance they have to have as part of their responsibility providing public outdoor recreation. An exception to eligibility might be a school district. They are not considered eligible as local governments because that isn’t their primary responsibility. In terms of the process, we take applications twice a year for the program with an application deadline being set. The applications received by the deadline are grouped together and considered as a group. Typically we will have 45-50 applications every six months. We have a scoring system that the Commission adopted based on public input that’s used to evaluate those projects. It’s essentially and issues based scoring system. We compile the information and list the projects in ranking order. We typically can fund the top 1/3 or less of the applications received in any given review period. If an application is not funded it is allowed to be resubmitted. The staff also gives recommendations, if needed, to the applying agency so that they can possibly increase their scores on future requests.

Commissioner Dinkins noted that in this particular series there seems to be several projects in a single county or area. Mr. Hogsett acknowledged that this is a non-typical situation. Commissioner Dinkins asked that Mr. Hogsett to go back several years and see whether this has happened before and provide the data to the Commission. The Commission will then determine if they need to add additional criteria to the scoring system so that we can be more attentive to geographic distribution.

There were a few concerns mentioned regarding smaller ventures. Mr. Hogsett explained that we had a small grant pilot program in which we offered grants for populations of 50,000 or less. Since it was a pilot we need to consider whether 50,000 is a good breaking point or if that needs to be adjusted. Smaller communities may also apply for the local grants if they have greater needs. The small grant program was established to assist communities that only needed assistance with small projects such as a baseball field. The application process in this situation is much less cumbersome. Mr. Hogsett suggested that the Commission endorse the project and do it in January and set aside $500,000 for the small grant program budget. The small grant program is a 50/50 match and the maximum request per project would be $50,000. For poorer areas the match may consist of volunteer labor, donations of equipment and materials in part or in their entirety for their portion of the match. We plan on conducting public hearings on the grant programs and will bring our recommendations to the Commission for consideration of the program this fall. During the pilot year of the program we received 64 applications totaling almost $2.3 million and we only had $500,000 to disburse.

As far as the Recreational Trails Fund, which is Federal pass-through money from the Department of Transportation, this year approximately $2.4 million have been appropriated and there is some money available from some savings and some other projects that didn’t get underway last year; therefore we have approximately $2.6 million. We received 66 applications requesting $6.2 million in 80% matching being the Federal share. The projects were reviewed and scored by the Trails Advisory Board.

Mr. Andy Goldblum administers the Recreation Grants Program. This is from the Robinson Wildlife Restoration Act. These are 75% matching grants and can either be for local governments or private enterprise. The purpose is to enhance hunter education opportunities through infrastructure related to hunting target ranges and other infrastructure related to hunter education. We are recommending funding for three projects for a total of the annually available $150,000.

V. ADJOURNMENT: Commissioner Ernest Angelo, Jr. adjourned the Finance Committee.


Committee Agenda Item No. 1

Finance Committee
Chairman's Charges
November 2001

(This item will be an oral presentation.)


Committee Agenda Item No. 2
Presenter: Suzy Whittenton

Finance Committee
Financial Review Update
November 2001

Discussion: Staff will present a financial review for the year to date FY2002, 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. Updated budget and expenditure information will also be presented.


Committee Agenda Item No. 3
Presenters: Suzy Whittenton, Terry Lewis

Finance Committee
License System Update
November 2001

Discussion: Staff will update the Commission on the status of the implementation of the license system. Currently, TPW is piloting the WorldCom PC license system. Licenses continue to be sold through the existing Transactive point-of-sale system.


Committee Agenda Item No. 4
Presenters: Suzy Whittenton, Walt Dabney

Finance Committee
Boat Fees/State Park Fees
November 2001

Discussion: Staff will present information regarding current boat registration and titling fees and park fees ranges, along with proposed changes.

Boat Fees:

Faced with rising costs, TPW is studying the possibility of increasing boat registration and titling fees to help address funding needs. The examination of possible boat fee increases has involved of review of current fees and date/amount of last fee change, comparison to other states, and examination of the potential impact of an increase on transactions and revenues. In addition, staff have held two scoping meetings to discuss increases in boat dealer fees, and plan to conduct further meetings with various constituent groups.

Senate Bill 305, Section 31.006(f) passed by the 77th Legislature provided Texas Parks and Wildlife with the authority to implement a program to identify and classify participants in the vessel and outboard motor industry and gives the Commission authority to set fees to administer the program. The proposed dealer registration structure categorizes the industry based on how they do business as follows:

Staff proposes additional changes to boat fees. Staff will prepare proposed rules for review by this Committee prior to publication in the Texas Register. The proposed increases are as follows:

State Park Fees:

State Park user fees are set utilizing a marketplace approach for each park. Based on annual research of use factors, comparisons with similar facilities, and trend analyses, State Parks recommend fee modifications. The TPW Commission establishes ranges within 3 major fee types: entrance, facility use, and activity there are 42 fee categories for 106 individual fees. In some cases, park pricing has reached the ceiling of current ranges, which were last set in 1991. To continue current programs of user pay and operational cost recovery, the attached fee ranges are proposed to accommodate normal economic growth. The State Parks Division requests approval to post proposed expanded fee ranges and to solicit public comment through the Texas Register process.

The State Parks Division has also identified some needed language refinements to the existing 31 Texas Administrative Code, Part 2 Chapter 59; subchapter A § 59.1; § 59.2; and § 59.3 rules. These rules require further clarification.

Attachment – 1
1. Exhibit A – State Park Fees


Committee Agenda Item No. 4
Exhibit A

Texas Administrative Code

TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 59 PARKS
SUBCHAPTER A PARK ENTRANCE AND PARK USER FEES
RULE §59.2 Park Entrance and Use Fees
(a) An entrance/use fee will be levied at state parks. The fee will grant entry and presence privileges for a specific 24-hour period or part thereof, regardless of the number of times of entry during the valid period. At the end of each 24-hour period, the fee will become due for the succeeding 24-hour period or part thereof.

(b) An annual $50 [$40-70 park specific] entrance permit and use fee may apply at certain state parks where entrance fees are prescribed in lieu of a daily entrance fee. The [park specific] annual permit will admit the purchaser and all occupants of his [a] private, noncommercial vehicle, but will not apply to commercial, quasi-public, or public buses, or other such vehicles. [The park specific annual permit will be valid at the park from which it is purchased and the user benefit will be limited to that specific park.]

(c) Annual entrance permits are not valid for conducted tours, or for fishing privileges on fishing piers.

(d) A Youth Group Annual Entrance Permit may be purchased by youth organizations composed of individuals age 18 and under for an annual fee of $50-$300. The group must have state or national affiliation and be sponsored by a governmental agency or [as a] nonprofit organization, as defined under the Internal Revenue Code, §501. The permit is valid for entry at parks with a per vehicle [or per person] entrance fee and at parks with a historic site tour fee. It is nontransferable and nonrefundable. No more than 50 persons, including [a reasonable number of] adult supervisors will be admitted with each permit. The number of vehicles or the number of individual persons per historic site tour may be limited by the park manager. Additional permit(s) is required if the group exceeds 50 persons. Permit is valid for 12 months from date of purchase. To purchase the group permit, eligible organizations must submit an application along with the required fee to the chief, park operations, or designee [Texas Parks and Wildlife Headquarters, any state park or other office as designated by the department], for approval. The permit authorizes entry of vehicles carrying group members provided the adult sponsor presents the permit(s) at the park entrance and identifies each vehicle carrying group members.

(e) An entrance and use fee of $2.00 to $6.00 per motorized vehicle per day will apply at parks designated by the department in lieu of an annual or parklands passport. Where variable entrance and use fees are authorized by the commission, they may be set on an individual park basis.

(f) An entrance fee of $.50-$5.00 10.00 will apply on a per person basis at parks designated by the department.

(g) The executive director may, at his discretion, temporarily waive any entrance fees or conditions thereof established in this section at any park when construction activities at the park adversely affect public enjoyment of the recreational opportunities normally available. The executive director may discount or waive entrance fees in order to enhance utilization of existing facilities.

(h) No entrance fee will be charged or collected at parks unless the department deems it feasible to collect the fees.

(i) Persons entering parks by boat, bicycle, or on foot are authorized to use a valid annual park entrance permit receipt in lieu of paying an individual entrance fee. An individual presenting a receipt must be the same person to whom the annual permit was issued or a member of the original permit holder's immediate family. Individuals eligible for park entry as specified herein may be accompanied by as many as three other persons.

(j) Persons whose date of birth is before September 1, 1930, and veterans of the armed services of the United States who, as a result of military service, have a service-oriented disability as defined by the Veterans Administration, consisting of the loss of the use of a lower extremity or of a 60% disability rating and who are receiving compensation from the United States government because of the disability, will not be required to pay an entrance fee at state parks. Residents of this state whose birth date is after August 31, 1930, and who is also a holder and in possession of a valid State Parklands Passport shall pay 50% of the normal entrance fee rounded to the nearest higher whole dollar. Non-residents of this state whose birth date is after August 31, 1930, shall pay the normal entrance fee. State parklands passports will be issued to eligible persons at state parks and the Austin headquarters. A driver's license, birth certificate, military discharge papers, or any other suitable identification considered sufficient proof for establishing the age and identity of an individual must be presented at the time the passport is issued to persons 65 years of age and over. Disabled veterans must establish eligibility by presenting one of the following:

(1) disabled veteran's of Texas license plate receipt;

(2) veteran's award letter (which establishes the degree of service-connected disability);

(3) tax exemption letter for Texas veterans.

(k) All motor vehicles carrying either a person whose date of birth is before September 1, 1930, or other eligible holders of a state parklands passport may enter the park without payment of an entrance fee. All motor vehicles carrying a resident of this state whose date of birth is after August 31, 1930, and who is also the holder and in possession of a state parklands passport may enter a park site upon payment of 50% of the normal entrance fee for that site, rounded to the nearest higher whole dollar. This passport does not exempt the holder from payment of fees for fishing privileges or tour fees required in certain units of the state park system.

(l) An individual with a documented physical or mental impairment may be issued a parklands passport under the provisions of this section.

(1) Eligibility requirements. To be eligible to receive a parklands passport under this section, an individual with a physical or mental impairment that substantially limits one or more major life activities must:

(A) have been medically determined to be permanently disabled as a result of such mental or physical impairment (including blindness) for purposes of receiving benefits under the Social Security Act; and

(B) be currently receiving such benefits.

(2) Application procedure. An individual applying for a parklands passport under this subsection shall:

(A) apply in person at Texas Parks and Wildlife Department Headquarters or at any park or other office designated by the department;

(B) submit positive identification and either an Award of Benefits Letter, or a Statement of Benefits, from the Social Security Administration attesting to the applicant's permanent disability;

(C) submit an affidavit or attestation in a form approved by the Department certifying that the applicant meets the requirements of paragraph (1) of this subsection.

(3) Privileges. A parklands passport used for the purposes of this subsection shall discount entry fees to State Parks for the individual pass holder for a period of one year from the date of issuance. The discount will be 50% of the established park entry fee, rounded up to the nearest whole dollar amount. The pass shall be nontransferable, but shall also authorize discounted entry for one person accompanying the pass holder, if the pass holder needs assistance while visiting the State Park. For the purposes of this subsection, "accompanying" means entering a park simultaneously with the pass holder.

(m) A duplicate state parklands passport may be issued for use on additionally owned motor vehicles. A replacement for a state parklands passport may be issued when the original registration or windshield sticker is lost, stolen, damaged, or the motor vehicle is sold, traded, or stolen, or when the motor vehicle windshield is replaced.

(n) Entrance fees established in subsections (b) and (d) of this section will apply to all private aircraft noncommercial motorized vehicles which includes two or more-wheeled vehicles. Commercial, quasi-public, or public buses or other vehicles are excluded.

(o) Persons entering parks by bus, where entrance and use fees are charged on a per-car basis, will be charged as follows: adults, $1.00-$3.00 each, minimum $4.00-$20; children 12 years of age and under, $.50-$1.50 each, minimum $4.00-$20.

(p) Students, teachers, bus drivers, and children on group, school-sponsored visits to historic sites or parks for educational purposes may enter at the rate of $.50-$1.00 per person at historic sites where a tour fee is charged or at a park where entrance and use fees are charged on a per-vehicle basis. The group or class must be accompanied by an adult supervisor(s). The $.50-$1.00 per person fee applies to individuals from all public or private schools, colleges, and universities offering accredited courses.

(q) Students of any age are entitled to the student historic site tour fee. Students 19 and over are required to present a current, valid student identification card.

(r) Persons entering parks on foot, bicycle, or by boat where entrance and use fees are charged on a per-car basis will be charged an individual rate of $1.00-$3.00 for adults and $.50-$1.50 for children 12 years of age and under.

(s) The valid time period for daily entrance fees will be:

(1) for day use, the time period encompassing the day-use opening hours [8:00 a.m. – 10:00 p.m.] of the park on the date on which admission is paid; and

(2) for overnight use, a 24-hour period beginning at 2 p.m. on the date admission is paid.

(t) At the discretion of the executive director, any person or persons may be exempted from the provisions of this section if the entry of such person or persons to a park or parks is necessary or desirable in order to provide a service for the state. The executive director is authorized to issue such entrance fee waivers under certain circumstances and conditions.

(u) The executive director is authorized to establish an entrance fee in accordance with these sections at any site hereafter established as a state park when he deems such action is appropriate and in accord with applicable statutes.

(v) When an annual or seasonal permit is offered for entrance in lieu of a daily fee, the executive director is authorized to establish a fee for a replacement and/or a duplicate permit.

(w) Any fees established in this section may be waived or reduced at the discretion of the executive director for public use of a park during special events or exhibitions.

(x) The executive director may designate the amount of use fee and entrance fee within the total amount provided for by this section.

Source Note: The provisions of this §59.2 adopted to be effective October 26, 1976, 1 TexReg 2878; amended to be effective June 29, 1978, 3 TexReg 2042; amended to be effective November 13, 1978, 3 TexReg 3846; amended to be effective January 1, 1986, 10 TexReg 4853; amended to be effective June 24, 1991, 16 TexReg 3140; amended to be effective February 22, 1993, 18 TexReg 883; amended to be effective August 2, 1995, 20 TexReg 5404; amended to be effective December 26, 1995, 20 TexReg 10616; amended to be effective December 30, 1998, 23 TexReg 13102.

Texas Administrative Code
TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 59 PARKS
SUBCHAPTER A PARK ENTRANCE AND PARK USER FEES
RULE §59.3 Activity and Facility Use Fees
The amount of user fees will be determined by the Parks and Wildlife Commission and will be based primarily on comparisons of current fees for facilities and services of comparable character under similar conditions, with due consideration for length of season, provisions for peak loads, average percentage of occupancy, accessibility, availability, cost of labor, materials and supplies, type of patronage, and other such factors deemed significant, except the costs of park acquisition, development, and major repairs. [on marketplace factors such as; operational cost recovery, seasonality, carrying capacity, user demographics and demands, outdoor recreational industry trends, competition, and other factors deemed significant, except the cost of park acquisition, development, and major repairs.] The executive director will cause to be collected a user fee at the time a park facility is assigned or occupied, and as new parks, activities and facilities are added to the system, the approved fee schedule will be implemented when feasible. Where variable use fees are authorized by the commission they may be set on an individual park basis, individual activity or an individual facility basis by the department based on visitation and site desirability. Fees may also be set on a basis other than daily, e.g., weekly, monthly, etc. When an annual or seasonal permit is offered for a facility or activity in lieu of a daily fee, the executive director is authorized to establish a fee for a replacement and/or a duplicate permit. The executive director may discount or waive use fees in order to enhance utilization of existing facilities or activities. The following park use fees are effective January 1, 1996:

(1) campsite—primitive—$4.00-$12; 20

(2) campsite—regular—$5.00-$18 [26];

(3) campsite—with electricity—$9.00-$23 [29];

(4) campsite—with electricity and sewer connection—$10-$25 [35];

(5) screened shelter—$15-$30 [60];

(6) shelter with amenities—$25-$40; 75

(7) recreation hall:

(A) day use only—$50-$150 [200] ;

(B) overnight use—$80-$200 [300];

(8) group lodge:

(A) variable based on accommodations—$70-$400 [500];

(B) variable based on per person—$10-$50;

(C) each additional person above capacity—$5.00-$15 [25];

(9) dining hall—$65-$100 [150];

(10) pavilion—$17-$200 [250] according to type of facility and size of group;

(11) amphitheater—$10-$100 [150];

(12) auditorium—$200-$500 [600];

(13) gymnasium—$300-$500 [600]; (with kitchen/dining hall privileges add)—$50-$100;150

(14) group picnic area—$17-$60 [85];

(15) picnic shelter with kitchen—$30-$125 [175];

(16) group camp with bunkhouses and dining hall (Lake Brownwood State Park only)—$65-$100 [150]; plus $12-$30 [45] for each bunkhouse used (bunkhouses not rented without dining hall);

(17) group camp with screened shelters and dining hall—$65-$[100]100 plus $15-$30 [60] for each screened shelter used;

(18) group camp with campsites—fee determined according to number and type of campsites used;

(19) group camp with barracks or screened shelters with bunk beds; dining hall and restroom with showers available—$150-$250 [1000] screened shelter only—$17-$30 [60];

(20) lodge, court, or inn:

(A) Indian lodge:

(i) single—$40-$70 [95];

(ii) double—$45-$75 [110];

(iii) double with double beds—$50-$80 [125];

(iv) suite with double beds—$55-$100 [200];

(v) each additional adult—$5.00-$15 [20];

(vi) each additional child (six-12)—$2.00-$4.00 [10.00];

(vii) children under six—free;

(B) Balmorhea-San Solomon Springs Court:

(i) single—$35-$50 [75];

(ii) each additional adult—$5.00-$15 [20];

(iii) each additional child (six-12)—$2.00-$4.00 [10] ;

(iv) children under six—free;

(v) with kitchen unit add—$5.00-$15 [25];

(C) Landmark Inn:

(i) single—$35-$50 [75];

(ii) double (two persons)—$40-$55 [85];

(iii) children (six-12)—$2.00-$4.00 [10];

(iv) children under six—free;

(v) additional adult (when space is available for cot)—$5.00-$15 [20];

(D) Big Bend Ranch

(i) Ranch House (per person) $40-65

(ii) Bunk house (per person) $15-35

(21) cabins (bed & bath) -$35-$100 [175];

(i) cabins-limited -$35 -75

(22) swimming pools:

(A) adults—$2.00-$4.00 [6.00];

(B) child (six-12 [and under])—$1.00-$2.00 [4.00];

(C) group rate (before or after closing hours)—$35-$500 [750];

(23) golf course (staff operated) Lockhart only—nine holes:

(A) green fees—daily—$7.00-$10 [15];

(i) weekends and holidays—$8.00-$11 [25];

(ii) annual family—$150-$300 [400];

(iii) annual individual—$100-$150 [250];

(iv) 18 years of age and under excluding (weekends and holidays)—$3.00-$6.00 [10.00];

(B) trail fee for privately owned golf carts:

(i) daily—$3.00-$6.00 [12.00];

(ii) annual—$50-$100 [175];

(24) Texas State Railroad:

(A) fares:

(i) adult (one-way)—$8.00-$13 [20];

(ii) adult (R-T)—$13-$18 [30];

(iii) child (three-12) (one-way)—$4.00-$9.00 [15];

(iv) child (three-12) (R-T)—$7.00-$12 [15] ;

(B) train lease for filming purposes:

(i) steam locomotive and tender (per day)—$1,500-$2,000 [2,500];

(ii) diesel locomotives (per day)—$700-$1,000 [1,500];

(iii) steam engine firing fuel and lubricants (per running hour)—$100-$200 [350];

(iv) diesel locomotives fuel and lubricants (per running hour)—$50-$100 [250];

(v) railroad car per unit (any type) (per day)—$120-$200 [375];

(vi) rail mounted truck with driver (per day)—$280-$400 [700];

(vii) motor car with driver (per day)—$240-$400 [700];

(viii) short-term steam train use (after regular schedule run) three-hour minimum (per hour)—$400-$1,000 [1,500];

(ix) plus salaries for train crew. Surety bond of $500,000 may be required; train charter rates: 50-mile round trip—regular passenger fares—minimum—$2,500-$3,500 [4,500];

(x) 15-mile round trip—regular passenger fares—minimum—$1,650-2,500 [3,750];

(25) Matagorda Island:

(A) boat transportation fee:

(i) adults (R-T)—$10-$15 [25];

(ii) child (six-12) (R-T)—$5.00-$10 [15];

(B) on island tour fee—$3.00-$12 [18];

(C) beach shuttle fee:

(i) adults—$2.00-$4.00 [6.00];

(ii) child (six-12)—$1.00-$2.00 [4.00];

(26) fees for filming purposes by private, profit-oriented businesses (per day). Surety bond may be required—$250-$5,000 [10,000];

(27) excess vehicle parking per vehicle—$1.00-$4.00 [6.00] (areas for parking designated by the park manager);

(28) activity use fee per person (day or overnight)—$2.00-$25 [50];

(29) Purtis Creek lake use fee—$5.00-$10 [15];

(30) seasonal or annual use permit [or restricted annual use] —fee based on a discounted daily rate; [may include park entrance fee.]

(31) visitor shuttle fee per person—$2.00-$10 [25];

(32) tour fee (includes educational, interpretive, instructional, adventure and entertaining) per person—$.25-$500 [1,000];

(33) fishing pier fees—per fishing device—$1.00-$3.00 [5.00];

(34) educational seminar fee—variable according to type of seminar, size of group and other applicable considerations;

(35) equipment rental fee—variable according to type of equipment and other applicable considerations [may be charged].

(36) park operations fee (operating cost for special services and or resources utilized)—cost plus 10%;

(37) event fee:

(A) Wedding ceremonies and receptions or other special receptions and meetings—$50-$1,000. 0

(B) Special public activities, festivals and exhibitions when authorized and conducted—fee is negotiated [may be combined or packaged – variable].

(38) recreational vehicle—annual fee—$5.00-$25 [50];

(39) excess occupancy fee (with facility use fee) per person—$1.00-$15;[25]

(40) commercial boat landing fee—$50-$500;

(41) fees for special events, new activities, or new facilities are authorized by the commission. These fee amounts shall be established by the executive director or designee. [These fees may be combined with other applicable fees.]

(42) commercial use fee- for special activities conducted within a park for which a direct or indirect profit is the motive for conducting the activity.

Source Note: The provisions of this §59.3 adopted to be effective October 26, 1976, 1 TexReg 2878; amended to be effective June 29, 1978, 3 TexReg 2042; amended to be effective September 6, 1978, 3 TexReg 2988; amended to be effective May 1, 1984, 9 TexReg 1700; amended to be effective June 24, 1991, 16 TexReg 3140; amended to be effective February 22, 1993, 18 TexReg 883; amended to be effective December 26, 1995, 20 TexReg 10616.


Texas Administrative Code
TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 61 DESIGN AND CONSTRUCTION
SUBCHAPTER C BOAT RAMP CONSTRUCTION AND REHABILITATION
RULE §61.103 Requirements of Applicants
(a) Applicants will provide assurance that the property on which the facility is to be located is under the legal control of the applicant for a minimum of 25 years.

(b) Applicants must agree to operate [and maintain] facilities.

Source Note: The provisions of this §61.103 adopted to be effective March 6, 1997, 22 TexReg 1891.

Texas Administrative Code
TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 61 DESIGN AND CONSTRUCTION
SUBCHAPTER D GUIDELINES FOR ADMINISTRATION OF LOCAL LAND AND WATER CONSERVATION FUND PROJECTS
RULE §61.121 Policy
It is the commission's policy that the state liaison officer shall administer local projects in accord with the following guidelines, with interpretation of intent to be made to provide the greatest number of outdoor recreational opportunities for Texas in accord with priorities of the Texas outdoor recreation plan.

(1) Local administrative costs shall not be considered as eligible local matching funds unless circumstances dictate that high priority public needs will not be met without the full or partial benefit of such in-kind contribution.

(2) A staged project, when requested by the department with concurrence of the sponsor, will be funded in sequential states when sufficient federal funds are available and the sponsor requests activation of a subsequent stage.

(3) When sponsors request a project be staged due to lack of local committed funds, only that part of the project which the sponsor certifies funds available will be supported. Subsequent stages will be submitted for funding as a new project.

(4) Approved projects shall be pursued in a timely manner by the sponsor, unless due to extraordinary circumstances beyond the sponsor's control. Failure to meet the following time-frames shall be grounds for the state liaison officer to initiate cancellation of the affected project in order to recommend relocation [reallocation] of available funds to other projects.

(A) Acquisition projects. Acquisition projects shall conform with the following:

(i) appraisals shall be forwarded to the department no later than nine months after receipt of official notice of project approval; and

(ii) after the sponsor has been notified that the appraisal has been approved, the acquisition shall be completed and reimbursement(s) shall be filed with the department no later than 12 months.

(B) Development projects. Development projects shall conform with the following:

(i) construction plans and specifications shall be forwarded to the department no later than nine months after official notification of project approval; and

(ii) on-the-ground construction shall begin no later than six months after the department by official notification has approved project plans and specifications.

(5) Sponsors will provide the state liaison officer with a report no less frequently than 90 days, setting forth the physical and monetary progress of a project as correlated to the sponsor's approved application.

(6) The state liaison officer may make a fiscal adjustment to an approved project not to exceed 5.0% or $20,000. In those instances where the amount of monetary adjustment is large enough to significantly reduce the funds which could be utilized to support a higher priority project, the state liaison officer shall consider the priority of the adjustment as compared to other pending products.

(7) Any official notification to project sponsors shall be made by certified mail.

(8) Any provision of this policy shall be automatically amended should the federal government issue a regulation in conflict with this policy, provided that the state liaison officer shall submit to the commission for consideration any federal action in conflict with this policy.

(9) The department is authorized to recover from project sponsors of projects funded through the program administrative costs sufficient to support operation, administration, and related costs of the grant program.

Source Note: The provisions of this §61.121 adopted to be effective April 29, 1976, 1 TexReg 960; amended to be effective December 31, 1993, 18 TexReg 9937.

Texas Administrative Code

[REPEAL ALL – NO LONGER USED]

TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 61 DESIGN AND CONSTRUCTION
SUBCHAPTER E GUIDELINES FOR ADMINISTRATION OF TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND PROGRAM
RULE §61.131 Policy
It is the Texas Parks and Wildlife Commission policy that the executive director shall administer local projects in accord with the following guidelines with interpretation of intent to be made to provide the greatest number of outdoor recreational opportunities for Texas in accord with priorities of the Texas Outdoor Recreation Plan. In keeping with this policy, local projects will not be approved from both the Texas Local Parks, Recreation, and Open Space Fund and the Federal Land and Water Conservation Fund Program unless extraordinary circumstances dictate that high priority public needs will not be met without the full or partial funding of both programs.

(1) Section 61.81 of this title (relating to Application Procedures), the procedural guide for Land and Water Conservation Fund Program, is adopted for the Texas Local Parks, Recreation, and Open Space Fund Program.

(2) Section 61.121 of this title (relating to Policy), guidelines for administration of Local Land and Water Conservation Fund projects, is adopted for the Texas Local Parks, Recreation, and Open Space Fund Program, except all references to the state liaison officer shall mean the executive director.

(3) Section 61.81 of this title (relating to Application Procedures), the procedural guide for Land and Water Conservation Fund Program, is adopted by reference for the Texas Recreation and Parks Account for the period September 1, 1993, through September 1, 1994. Copies may be obtained from Texas Parks and Wildlife Department, Grants Program, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4948.

(4) Section 61.121 of this title (relating to Policy), guidelines for administration of Local Land and Water Conservation Fund Program and guidelines for administration of Texas Local Parks, Recreation, and Open Space Fund projects are adopted by reference for the Texas Recreation and Parks Account for the period of September 1, 1993, through September 1, 1994. Copies may be obtained from Texas Parks and Wildlife Department, Grants Program, 4200 Smith School Road, Austin, Texas 78744, (512) 389-4948.

Source Note: The provisions of this §61.131 adopted to be effective June 30, 1980, 5 TexReg 2401; amended to be effective December 31, 1993, 18 TexReg 9771.

Texas Administrative Code
TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 61 DESIGN AND CONSTRUCTION
SUBCHAPTER E GUIDELINES FOR ADMINISTRATION OF TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND [RECREATION AND PARKS ACCOUNT] PROGRAM
RULE §61.132 Texas Recreation and Parks Account Grants Manual
(a) The Texas Recreation and Parks Account (TRPA) Grants Manual contains the standards and requirements for the application, evaluation and award of all grants made under this subchapter.

(b) The Texas Recreation and Parks Account (TRPA) Grants Manual is adopted by reference and can be obtained by contacting Texas Parks and Wildlife at 4200 Smith School Rd., Austin, 78744; 1-800-792-1112; http://www.tpwd.state.tx.us.

Source Note: The provisions of this §61.132 adopted to be effective August 31, 2000, 25 TexReg 8409

Texas Administrative Code
TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 61 DESIGN AND CONSTRUCTION
SUBCHAPTER E GUIDELINES FOR ADMINISTRATION OF TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND [ RECREATION AND PARKS ACCOUNT] PROGRAM
RULE §61.133 Grants for Outdoor Recreation Programs
(a) Program purpose and priorities. All grant applications submitted to the department for outdoor recreation programs are evaluated for program eligibility and prioritized according to the Project Priority Scoring System set forth in this section. Scored applications are presented to the Texas Parks and Wildlife Commission for approval. In general, recommended priorities for outdoor recreation projects are:

(1) to ensure sponsor performance on active grants and compliance at previously assisted grant sites;

(2) to recognize and reward local planning;

(3) to increase recreational diversity;

(4) to increase water-related park and recreation opportunities;

(5) to improve geographic distribution of park and recreation opportunities;

(6) to maximize the use of funds for basic park and recreation opportunities;

(7) to improve park and recreation opportunities for low income, minority, elderly and youth-at-risk citizens;

(8) to reward cooperative efforts between park and recreation providers and other governmental and/or educational entities;

(9) to reward partnerships between local sponsors and the private sector;

(10) to preserve significant natural resources through public land acquisition and stewardship;

(11) to renovate existing, obsolete park and recreation areas and facilities;

(12) to promote wise use of natural resources;

(13) to provide linear greenbelt linkages to parks, neighborhoods, or public facilities; and

(14) to encourage the appreciation and preservation of cultural resources.

(b) Local master plan standard requirements. Minimum master plan standards must be met to qualify for priority points. Local sponsors may submit applications without having a department-approved master plan; however, only those proposals that address priority needs identified in approved plans will receive priority points under the provisions of subsection (c)(7) of this section. Master plans must have been received in an approvable format at least 60 days prior to the application submission deadline at which time credit is sought. The following are minimum master plan standards:

(1) Proof of adoption. The plan must be formally endorsed by the applicable governing body of the sponsor, and the endorsement must be included with the document.

(2) Jurisdiction-wide scope. The plan must be comprehensive and assess the entire jurisdiction area of the project sponsor. County plans must cover the entire county, and city or district plans must cover the entire city or district. For large urban areas, the plan should cover the entire jurisdiction, and then may break the jurisdiction down into regions, sectors, precincts, districts, etc., as appropriate.

(3) Plan duration. The plan must specifically identify the time period within which the goals and objectives of the plan are to be carried out. Plans should cover a minimum five-year period. If a plan is more than two years old, a brief summary of plan accomplishments to date must be provided to enable the department to recognize and credit program progress. Any revision of priorities other than an update of accomplishments must present a new priority listing justified by additional public input. Plans older than 5 years will be considered obsolete and new plans will be required.

(4) Plan content. The following information should be included in the document:

(A) introduction;

(B) goals and objectives;

(C) plan development process (discuss when the planning process began, plan phases, public input received, survey/studies conducted, committees and/or personnel involved, etc.);

(D) area/facility concepts and standards, including:

(i) population/area service and acreage goals;

(ii) "typical" park and facility standards; and

(iii) applicable local codes, ordinances, and other requirements for community or neighborhood development.

(E) inventory of existing park, recreation and open space areas and facilities (including schools).

(F) needs assessment and identification. Information under this subparagraph shall be area- and facility-specific, and may include basic support facilities/infrastructure which are critical to the recreational experience. A discussion and identification of open space needs in the master plan, or a separate open space plan, shall be included.

(G) prioritization of needs. Applicant shall include:

(i) a single priority list in which all outdoor and indoor needs are ranked; and

(ii) plan implementation recommendations, including a timeline and discussion of resources for meeting priorities (must identify and prioritize which needs are to be met, where and when).

(H) illustrations, maps, charts, surveys, etc.

(c) Outdoor recreation project priority scoring system.

(1) Outdoor recreation projects presented to the commission shall be scored according to the criteria, rating factors, and point values set forth in this subsection.

(2) The priority ranking of a project will depend on its score in relation to the scores of other projects under consideration.

(3) Funding of projects will depend on the availability of TRPA funds.

(4) Projects which have not been approved after two considerations by the commission, without alterations to significantly raise the project score, shall be returned to the sponsor and not accepted for resubmission.

(5) Each site of a multiple-site project shall be scored individually. Individual site scores will be weighted on a pro-rata share of the total budget for the entire project. All weighted scores will be added together for the total project score.

(6) If the sponsor is in full compliance at previously assisted grant project sites and is progressing on schedule with all active grant projects in accordance with the provisions of this subchapter, the application will be scored and presented for award consideration. If the sponsor does not meet the requirements of this paragraph, the application will not be scored or considered further.

(7) A project proposal meeting the requirements of paragraph (6) of this subsection shall be evaluated according to:

(A) the extent that the project will satisfy the priority recreation needs (PRN) identified in the master plan required by subsection (c)(7)(A) of this section. Consideration of "need" for this criterion includes basic support facilities/infrastructure critical to the park and recreation experience. Eligible support facilities/infrastructure are limited to restrooms, roads and parking, area lighting (to ensure public safety), utilities essential to eligible support facilities, irrigation, and land acquisition. Scoring shall be as follows, up to a total of 20 points.

(i) for satisfying PRN 1 only: 10 points.

(ii) for satisfying PRN in the order listed in the master plan:

(I) PRN 1 and 2: 15 points;

(II) PRN 1 through 3: 16 points;

(III) PRN 1 through 4: 17 points;

(IV) PRN 1 through 5: 18 points;

(V) PRN 1 through 6: 19 points; or

(VI) PRN 1 through 7: 20 points.

(iii) for satisfying PRN 1 and 2, but satisfying remaining PRN in other than the order listed in the master plan, 1 point will be awarded for three satisfied PRN lower than any unsatisfied PRN, up to the maximum point total allowed.

(iv) for satisfying PRN 2 only: 5 points.

(v) for satisfying PRN 2, but satisfying remaining PRN lower than 2 in other than the order listed in the master plan, 1 point will be awarded for three satisfied PRN up to the maximum point total allowed.

(vi) for satisfying PRN 3 only: 1 point.

(vii) for satisfying PRN 3, but satisfying remaining PRN lower than 3 in other than the order listed in the master plan, 1 point will be awarded for three satisfied PRN up to the maximum point total allowed.

(B) the extent to which the project will provide diversity of park and recreation opportunities/facilities. Priority points for this criterion shall be awarded based on the number of park and recreation opportunities/facilities provided within the intended service area. One point will be awarded for each type of facility, up to a total of 10 points.

(C) the extent to which the project will provide improved natural water-based park and recreation opportunities, up to a total of 11 points.

(i) project provides direct and complementary park and recreation or conservation opportunities which do not degrade the resource along quality water bodies, for no more than one of the following:

(I) coast, lake, or reservoir: 6 points;

(II) bay or estuary: 5 points;

(III) river: 4 points;

(IV) stream (continuous flow): 3 points;

(V) pond: 2 points; or

(VI) wetland: 1 - 5 points, dependent upon size and quality.

(ii) project proposes the acquisition of land that would provide needed public access to park and recreational waters, for no more than one of the following:

(I) coast, lake, or reservoir: 5 points;

(II) bay or estuary: 4 points;

(III) river: 3 points;

(IV) stream (continuous flow): 2 points; or

(V) pond: 1 point.

(D) the extent to which the project will improve the geographic distribution of park and recreation lands and facilities in the project's service area or within the sponsor's jurisdiction, up to a total of 25 points.

(i) project provides the first public recreation opportunity in the sponsor's jurisdiction or intended service area: 25 points; or

(ii) project provides the first public park or significantly new and different park and recreation opportunity (other than school facilities) in the sponsor's jurisdiction or intended service area: 15-20 points. Points for this item shall be awarded based on the percentage of construction budget (minimum of 20%), significance to the community, and originality, as follows: new and different facility costs, divided by total construction costs, multiplied by 6.

(E) the extent to which the project maximizes the use of development funds for facilities which provide direct park and recreation opportunities, up to a total of 25 points, determined by dividing the direct recreational facilities costs by the total construction costs and multiplying the result by 25. "Total Facilities Costs" includes park/recreation and support/infrastructure facilities, contingency, and all required program signage costs in excess of $1,000.

(F) the extent to which the project improves park and recreation opportunities for low income, minority, elderly or youth-at-risk citizens, up to a total of 16 points.

(i) project improves opportunities for low-income citizens in areas where such action is needed: determined by multiplying the percentage of population qualifying as low income by 4. Maximum of 4 points.

(ii) project improves opportunities for minority citizens in areas where such action is needed: determined by multiplying the percentage of population qualifying as minority by 4. Maximum of 4 points.

(iii) project improves opportunities for the elderly in areas where such action is needed: 1 point for each facility, typically passive activities, except where facilities are designed specifically for an elderly user group). Maximum of 4 points.

(iv) project provides opportunities for youth-at-risk where such action is needed: 1 point for each program offered for youth-at-risk. Sponsor must describe/define the youth-at-risk population and demonstrate how facilities proposed in the application will be specifically programmed. Maximum of 4 points.

(G) the extent to which the project involves cooperation between the sponsor and other governmental or educational institutions to provide park and recreation opportunities at the project site(s). Maximum of 25 points.

(i) project involves the contribution of resources from other governmental or educational institutions, which serves as all or part of the sponsor's matching share of funds. Up to 15 points may be awarded for this item. Points shall be awarded on a percentage basis, dependent on the amount of matching funds provided by the other governmental/educational institution, determined by dividing the total contribution value by the total match and multiplying the result by 15.

(ii) project area is owned by another governmental or educational institution and will be permanently dedicated for public park and recreation use through a land donation, permanent non-revocable lease, or permanent park and recreation or conservation easement: 5 points.

(iii) project involves cooperation between the sponsor and other governmental or educational institutions and resources are contributed to the overall project for non-grant assisted facilities (example: a county constructs roads/parking facilities for a city, but no grant funds are requested for roads/parking): 1 point per activity, to a maximum of 5 points.

(H) the extent to which the project involves donations of land, cash, labor, equipment and/or materials from the private sector as part or all of the sponsor's matching share of the project. Priority points shall be awarded on a percentage basis, dependent on the amount of matching share funds to be received through donations. Maximum of 15 points.

(i) project provides private land and/or cash donations from the private sector as part or all of the sponsor's matching share of the project, determined by dividing the contribution value by the total match and multiplying the result by 15. Maximum of 15 points.

(ii) project provides donated labor, equipment and/or materials from the private sector as part or all of the sponsor's matching share of the project, determined by dividing the contribution value by the total match and multiplying the result by 10. Maximum of 10 points.

(I) the extent to which the project provides for the acquisition and preservation/conservation of park and recreation lands which consist of unique or significant natural resources, provide needed open space, or provide needed parkland for future development. Total point range: 10-40 points for not more than one of the following:

(i) project provides for the acquisition and preservation/conservation of a federal, state, regional, or local government identified natural area which is recognized in an acceptable, published planning document for having valuable or vulnerable natural resources, ecological processes, or rare, threatened, or endangered species of vegetation or wildlife: 40 points;

(ii) project provides for the acquisition and preservation/conservation of a significant wetland area, recognized by TPW, which is usable for recreation, and meets at least one "threshold criteria" as defined in the National Wetlands Priority Conservation Plan (based on significance of acreage and quality): 30-35 points; or

(iii) project provides for the acquisition and preservation/conservation of open space land or water for human use and enjoyment that:

(I) is one acre or larger in size, relatively free of man-made structures, whose physical characteristics will support only minimal development (including creek corridors, floodways, and natural drainage basins, but not agricultural fields), and which is identified in an acceptable, published, and adopted local, jurisdiction-wide open space plan or master plan: 20-25 points, based on acreage and quality; or

(II) provides significant native wildlife habitat, as substantiated by a TPW biologist: 20-25 points.

(iv) project provides only for the acquisition of needed recreational land proposed for future development, or land which is located in a densely developed area within the sponsor's jurisdiction: 10 points. No points are awarded for this item if development is proposed.

(J) project provides for the renovation of an existing obsolete park and recreation area or facilities, determined by dividing the renovation cost by the total construction cost and multiplying the result by 5. Maximum of 5 points.

(K) project promotes the conservation of natural resources by the use of activities or techniques such as xeriscape/native plant materials for landscaping, drip or treated effluent irrigation systems, renovation of obsolete lighting systems with more energy efficient systems, recycled materials for facility construction, environmental education and interpretation, significant tree plantings where no trees exist, or other resource conservation measures. 1 point is awarded for each conservation element proposed in the grant, up to a maximum of 5 points.

(L) project provides greenbelt linkage (not to include streets or sidewalks) to other parks and recreation areas, neighborhoods, or public facilities, as follows, up to a maximum of 5 points for not more than one of the following.

(i) park to park: 5 points;

(ii) park to school: 4 points;

(iii) park to neighborhood: 3 points; or

(iv) park to public facility: 1 point.

(M) project provides park and recreation opportunities that enhance and encourage appreciation and preservation of cultural (historical and archaeological) resources: maximum of 5 points. Points for this item are awarded based on the significance of the enhancement.

Source Note: The provisions of this §61.133 adopted to be effective August 31, 2000, 25 TexReg 8409

Texas Administrative Code
TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 61 DESIGN AND CONSTRUCTION
SUBCHAPTER E GUIDELINES FOR ADMINISTRATION OF TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND [RECREATION AND PARKS ACCOUNT] PROGRAM
RULE §61.134 Grants for Indoor Recreation Programs
(a) Program purpose and priorities. All grant applications submitted to the department for indoor recreation programs are evaluated for program eligibility and prioritized according to the Project Priority Scoring System set forth in this section. Scored applications are presented to the Texas Parks and Wildlife Commission for approval. The priority ranking of a project depends on its score in relation to the scores of other projects under consideration. Funding of projects will depend on the availability of TRPA funds. In general, recommended priorities for indoor recreation projects are:

(1) to ensure sponsor performance on active grants and compliance at previously assisted grant sites;

(2) to recognize and reward local planning;

(3) to provide indoor recreational diversity;

(4) to provide a better geographic distribution of indoor recreation facilities;

(5) to provide indoor recreation facilities to greater numbers of citizens;

(6) to improve recreation opportunities for youth-at-risk;

(7) to reward cooperative efforts between project sponsors and other governmental or educational entities;

(8) to reward partnerships between local government sponsors and the private sector;

(9) to provide for the renovation of existing, obsolete indoor recreation facilities;

(10) to improve indoor recreation opportunities for low income, minority and elderly citizens; and

(11) to promote the conservation of natural resources and environmental values.

(b) Local master plan standard requirements. Minimum master plan standards must be met to qualify for priority points. Local sponsors may submit applications without having a department- approved master plan; however, only those proposals that address priority needs identified in approved plans will receive priority points under the provisions of subsection (c) of this section. Master plans must have been received in an approvable format at least 60 days prior to the application submission deadline at which time credit is sought. The following are minimum master plan standards:

(1) Proof of adoption. The plan must be formally endorsed by the applicable governing body of the sponsor, and the endorsement must be included with the document.

(2) Jurisdiction-wide scope. The plan must be comprehensive and assess the entire jurisdiction area of the project sponsor. County plans must cover the entire county, and city or district plans must cover the entire city or district. For large urban areas, plans should cover the entire jurisdiction, and then break the jurisdiction down into regions, sectors, precincts, districts, etc., as appropriate.

(3) Plan duration. Plans must specifically identify the time period within which the goals and objectives of the plan are to be carried out. The plan should cover a minimum five-year period. If a plan is more than two years old, a brief summary of plan accomplishments to date must be provided. Plans older than 5 years will be considered obsolete and new plans will be required.

(4) Plan content. The following information should be included in the document:

(A) introduction;

(B) stated goals and objectives;

(C) plan development process (discuss when the planning process began, plan phases, public input received, survey/studies conducted, committees and/or personnel involved, etc.);

(D) area/facility concepts and standards, including:

(i) population/area service and acreage goals;

(ii) "typical" park and facility standards; and

(iii) applicable local codes, ordinances, and other requirements for community or neighborhood development;

(E) inventory of existing park, recreation and open space areas and facilities (including schools);

(F) needs assessment and identification. Information under this subparagraph shall be area/facility specific, and may include basic support facilities/infrastructure which are critical to the recreational experience. A discussion and identification of open space needs in the master plan, or a separate open space plan, shall be included.

(G) prioritization of needs. Applicant shall include:

(i) a priority list in which all outdoor and indoor needs are ranked ; and

(ii) plan implementation recommendations, including a timeline and discussion of resources for meeting priorities (must identify and prioritize which needs are to be met, where and when). Any revision of priorities other than an update of accomplishments must present a new priority listing justified by additional public input.

(H) illustrations, maps, charts, surveys, etc.

(c) Indoor recreation project priority scoring system. If the sponsor is in full compliance at previously assisted grant project sites and is progressing on schedule with all active grant projects in accordance with the provisions of this subchapter, an application will be scored and presented for award consideration. If the sponsor does not meet the requirements of this paragraph, the application will not be scored or considered further. A project proposal meeting the requirements of this paragraph shall be evaluated according to:

(1) the extent to which the project will satisfy the priority indoor recreation needs (PIRN) identified in the master plan required by this section, up to a total of 20 points.

(A) for satisfying PIRN 1 only: 10 points.

(B) for satisfying PIRN in the order listed in the master plan:

(i) PIRN 1 and 2: 15 points;

(ii) PIRN 1 through 3: 16 points;

(iii) PIRN 1 through 4: 17 points;

(iv) PIRN 1 through 5: 18 points;

(v) PIRN 1 through 6: 19 points; or

(vi) PIRN 1 through 7: 20 points.

(C) for satisfying PIRN 1 and 2, but satisfying remaining PIRN in other than the order listed in the master plan, 1 point will be awarded for three satisfied PIRN lower than any unsatisfied PIRN, up to the maximum point total allowed.

(D) for satisfying PIRN 2 only: 5 points.

(E) for satisfying PIRN 2, but satisfying remaining PIRN lower than 2 in other than the order listed in the master plan, 1 point will be awarded for three satisfied PIRN up to the maximum point total allowed.

(F) for satisfying PIRN 3 only: 1 point.

(G) for satisfying PIRN 3, but satisfying remaining PIRN lower than 3 in other than the order listed in the master plan, 1 point will be awarded for three satisfied PIRN up to the maximum point total allowed.

(2) the extent to which the project will provide diversity of public indoor recreation facilities. Points shall be awarded based on the number of indoor recreation facilities provided. Five points will be awarded for each type of facility, up to a maximum of 30 points. Points may be deducted for projects which propose support facilities which do not support recreational activities.

(3) the extent to which the project provides facilities that enhance outdoor education or conservation (such as nature centers or facilities for environmental education programs or exhibits): 1-5 points.

(4) the extent to which the project will improve geographic distribution of public indoor recreation facilities. Maximum of 20 points.

(A) project provides the first public indoor recreation facility in the sponsor's jurisdiction or intended service area: 20 points; or

(B) project provides new and different public indoor recreation facilities (other than school facilities) in the sponsor's jurisdiction or intended service area, determined by dividing new and different facility costs by the total construction costs, multiplied by 11. Maximum point total: 15 points.

(5) the extent to which the project provides public indoor recreation opportunities to significant segments of the population within the sponsor's jurisdiction area, determined by dividing the estimated number of individuals to be served by the total population of the sponsor's jurisdiction area, and multiplying the result by five. Maximum of 5 points.

(6) the extent to which the project provides improved recreation opportunities for at-risk youth, where a demonstrated need for such action exists. Points are awarded for projects that demonstrate and define the existence of at-risk youth within the intended service area, and which propose specific grant-assisted facilities for at-risk youth. One point shall be awarded for each proposed activity, up to a total of 10 points.

(7) the extent to which the project involves cooperation between the sponsor and other governmental or educational institutions to provide public indoor recreation facilities at the project site. Maximum of 15 points.

(A) project involves the contribution of resources (other than land) from other governmental or educational institutions which serves as all or part of the sponsor's matching share of funds. Up to 10 points may be awarded for this item. Points shall be awarded on a percentage basis, dependent on the amount of matching funds provided by the other governmental/educational institution, determined by dividing the total contribution value by the total match and multiplying the result by 10.

(B) project area is owned by another governmental or educational institution and will be permanently dedicated for public park and recreation use through a land donation, or permanent non-revocable lease or easement: 5 points.

(8) the extent to which the project involves donations of land, cash, labor, equipment and/or materials from the private sector as part or all of the sponsor's matching share of the project. Priority points shall be awarded on a percentage basis, dependent on the amount of matching share funds to be received through donations. Maximum of 10 points.

(A) project provides private land and/or cash donations from the private sector as part or all of the sponsor's matching share of the project, determined by dividing the contribution value by the total match and multiplying the result by 10. Maximum of 10 points.

(B) project provides donated labor, equipment and/or materials from the private sector as part or all of the sponsor's matching share of the project, determined by dividing the value of the donations by the total match and multiplying the result by five. Maximum of 5 points.

(9) the extent to which the project provides for the renovation of an existing obsolete public indoor recreation facility, determined by dividing the renovation cost by the total construction cost and multiplying the result by 10. Maximum of 10 points.

(10) the extent to which the project improves public indoor recreation opportunities for low income, minority, or elderly citizens, up to a total of 6 points.

(A) project improves opportunities for low income citizens in areas where such action is needed: determined by multiplying the percentage of population qualifying as low income by 2. Maximum of 2 points.

(B) project improves opportunities for minority citizens in areas where such action is needed: determined by multiplying the percentage of population qualifying as minority by 2. Maximum of 2 points.

(C) project improves opportunities for the elderly in areas where such action is needed. Points for this item shall be awarded on the basis of recreational facility type and service. Maximum of 2 points.

(11) The extent to which the project promotes the conservation of natural resources and environmental values. Projects that propose energy efficient design, construction techniques, or materials will receive points for this criteria. Maximum of 5 points.

Source Note: The provisions of this §61.134 adopted to be effective August 31, 2000, 25 TexReg 8409

Texas Administrative Code
TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 61 DESIGN AND CONSTRUCTION
SUBCHAPTER E GUIDELINES FOR ADMINISTRATION OF TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND [RECREATION AND PARKS ACCOUNT] PROGRAM
RULE §61.135 Grants for Community Outdoor Outreach Programs
(a) Program purpose and priorities. All grant applications submitted to the department for community outdoor outreach programs are evaluated for program eligibility and prioritized according to the Project Priority Scoring System set forth in this section. In general, recommended priorities for community outdoor outreach projects are:

(1) to ensure sponsor performance on active grants and compliance on previous grants;

(2) to improve community outdoor outreach opportunities for inner-city, rural, low-income, minority, female, physically/mentally challenged, and youth-at-risk citizens;

(3) to reward partnerships between local sponsors and other organized groups;

(4) to increase the number of participants served;

(5) to maximize the use of funds for direct community outdoor outreach opportunities;

(6) to reward commitment of sponsor resources;

(7) to increase use of TPW programs and facilities; and

(8) to reward promotion of outdoor educational activities.

(b) Project Priority Scoring System.

(1) Proposed project's primary constituency. Maximum of 14 points.

(A) inner city (city must have population of 100,000 or greater): 2 points;

(B) rural (cities less than 17,500 population or counties with a population of less than 28,000): 2 points;

(C) minority (minorities within served population greater than or equal to 50% of total served population): 2 points;

(D) female (females within served population greater than or equal to 50% of total served population): 2 points;

(E) low-income (served families with annual combined family income less than $19,500 greater than or equal to 50% of total served population): 2 points;

(F) physically/mentally challenged (includes ADD, ADHD): 2 points;

(G) youth (age 17 and under) : 2 points.

(2) Proposed project encourages partnerships with organized groups. Application must include written and signed agreements between the project sponsor and the proposed partnership group. Letters of endorsement by themselves will not receive credit. One point shall be awarded for each partnership agreement that commits cash contributions, volunteer labor, program materials, physical facilities use, transportation, food, etc. Maximum of 4 points.

(3) Number of program participants the proposed project will serve. One point awarded per 25 persons served, up to a maximum of 10 points.

(4) The extent to which the proposed project prioritizes direct service costs. Points shall be awarded on a percentage basis, determined by dividing the direct service delivery costs by the total project cost and multiplying the result by 10. Maximum of 10 points.

(5) The extent to which the sponsor's funds and resources are committed to the project. Points shall be awarded on a percentage basis, determined by dividing the local/sponsor funds by the total project cost and multiplying the result by 4. Maximum of 4 points.

(6) The extent of the proposed project's direct relationship with TPW programs and/or facilities. Maximum of 5 points. One point shall be awarded per:

(A) TPW facility used;

(B) instance of TPW personnel involved;

(C) instance of TPW instructional materials used; or

(D) instance of TPW program provided. Maximum of 5 points.

(7) Project specifically serves at-risk youth. A definition of at-risk youth must be included, as well as a description of each activity designed to serve at-risk youth. One point shall be awarded for each activity serving at-risk youth as defined in the project. Maximum of 3 points.

(8) Project proposes activities related to TPW initiatives. One point shall be awarded for each proposed activity related to a TPW initiative (e.g., fishing, camping, hunting, environmental education, or other outdoor activity) Demonstrated participation in the TPW Outdoor Kids Program automatically receives the full point total. Maximum of 5 points.

(9) Project promotes outdoor educational activities. Each educational element must be demonstrated by a discussion of the curriculum to be employed. Maximum of 4 points. Points will be awarded according to the curriculum's potential to increase participants' :

(A) awareness;

(B) knowledge, skills, and abilities;

(C) critical thinking; and

(D) behavioral change.

Source Note: The provisions of this §61.135 adopted to be effective August 31, 2000, 25 TexReg 8409

Committee Agenda Item No. 5
Presenter: Frances Stiles

Finance Committee
Artwork Approval
November 2001

(This is Public Hearing Agenda Item No. 8.)


Committee Agenda Item No. 6
Presenter: Gene McCarty

Finance Committee
Nonprofit Partners, Employee Fundraising, and Youth-Appropriate Advertising
November 2001

Discussion: Senate Bill 305, 77th Legislature, (Sunset) requires the Parks and Wildlife Commission to promulgate regulations governing best practices for nonprofit partners of the department, requirements for nonprofit partners to comply with specified state standards and safeguards for accounting for state assets, and guidelines for the solicitation and acceptance of sponsorships from private entities by the official nonprofit partner. The Act further requires the Commission to adopt guidelines for the solicitation and acceptance of gifts of greater than, or equal to, $500 in value by department employees, and the types of advertising appropriate for viewing by youth.

Staff proposes that the regulations in Exhibit A be published in the Texas Register for public comment.

Attachment – 1
1. Exhibit A – Nonprofit Partner Policy Proposal Preamble


Committee Agenda Item No. 6
Exhibit A

Nonprofit Partner Policy
Proposal Preamble

1. Introduction

The Texas Parks and Wildlife Department (TPWD) proposes new §§51.200–51.203, concerning Nonprofit Partners, Sponsorships, Employee Fundraising, and Youth-appropriate Advertising. The new rules are necessary to comply with the provisions of Senate Bill 305, enacted by the 77th Texas Legislature, which require the commission to promulgate regulations governing best practices for nonprofit partners of the agency, guidelines for the solicitation and acceptance of sponsorships from private entities by the official nonprofit partner, guidelines for the solicitation and acceptance of gifts of greater than $500 in value by department employees, and the types of advertising appropriate for viewing by youth.

New §51.200, concerning Best Practices of the Official Nonprofit Partner, will function by establishing best practices criteria recommended by the Sunset Advisory Commission. The criteria will formalize the interactions among the agency, nonprofit partners, and the official nonprofit partner and standardize the policies and procedures used by each in cooperative furtherance of the agency’s mission. The purpose of the proposed new rule is to more clearly separate agency functions from private functions, provide for greater public accountability, and prevent the potential perception that conflicts of interest might exist in the absence of clear guidance.

New §51.201, concerning Sponsorships, will function by establishing protocols for solicitation and acceptance of financial contributions on behalf of the agency by nonprofit partners in exchange for public recognition of the sponsors’ involvement in furthering the mission of the agency. The purpose of the new section is to ensure that in the process of supporting and furthering the agency’s mission, sponsorship agreements between the nonprofit partner and private entities do not either detract from the agency’s mission or create the perception that the agency’s legislative and regulatory obligations are in any way being compromised.

New §51.202, concerning Employee Fundraising, sets forth the requirements for solicitation and acceptance of gifts equal to or greater than $500 in value by department employees and department employees acting on behalf of a nonprofit partner. The purpose of the new section is to track and record the activities of publicly funded fundraising efforts to ensure that the agency is in compliance with the will of the legislature.

New §51.203, concerning Youth-appropriate Advertising, limits advertising that is appropriate for youth viewing to those advertisements that do not include alcohol or tobacco products.

2. Fiscal Note.

Emily Armitano, Policy Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be minimal fiscal implications to the department and no fiscal implications to other units of state and local governments as a result of enforcing or administering the rules.

3. Public Benefit - Cost Note.

Ms. Armitano also has 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 enforcing or administering the rules as proposed will be the conduct of cooperative interaction between public and private entities for the public good in a transparent and accountable manner.

(B) There will be a no effect on small businesses, microbusinesses, or persons required to comply with the rules as proposed.

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

4. Request for Public Comments.

Comments on the proposed rule may be submitted to Emily Armitano, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4682 or 1-800-792-1112 extension 4682 (e-mail: emily.armitano@tpwd.state.tx.us)

5. Statutory Authority.

The rules are proposed under Parks and Wildlife Code, Chapter 11, Subchapter J, which requires the commission to adopt rules governing best practices for nonprofit partners of the agency, and guidelines for the solicitation and acceptance of sponsorships from private entities by the official nonprofit partner. The rules are also proposed under Parks and Wildlife Code, Chapter 11, Subchapter B which requires the commission to adopt rules relating to guidelines for the solicitation and acceptance of gifts equal to or greater than $500 in value by department employees and the types of advertising that are appropriate for viewing by youth.

The proposed rules affect Parks and Wildlife Code, Chapter 11, Subchapter J and Subchapter B.

§51.200. Best Practices of the Official Nonprofit Partner (ONP).

(a) Composition of the board.

(1) The Presiding Officer of the Texas Parks and Wildlife Commission shall appoint a majority of board members.

(2) Current TPW employees will not be eligible to serve as voting members of the Board.

(b) General provisions. The official nonprofit partner (ONP) shall:

(1) adopt a conflict of interest policy that precludes board members from benefiting financially from any business decision of the ONP;

(2) publish an annual report each year and make it available to the general public; and

(3) make its current IRS 990 return, its annual audit, and a copy of its application to the IRS for exempt status available to the general public upon request.

(c) TPW employee involvement.

(1) No TPW employee shall hold a paid position with the ONP nor will any employee receive direct personal benefits from the ONP. The ONP may, however, reimburse TPW employees for legitimate, documented expenses. Additionally, the ONP may award scholarships and/or bonuses to TPW employees from private, donor-directed scholarship or bonus funds.

(2) A TPW employee soliciting or accepting gifts or donations of equal to or greater than $500 in value on behalf of the ONP shall comply with the provisions of §51.202 of this title (relating to Employee Fundraising Activities).

(d) Accounting and Reporting.

(1) The ONP shall adopt financial procedures that govern acceptance of and access to:

(A) donor-restricted funds;

(B) unrestricted funds; and

(C) state funds. All state funds will be spent in support of TPW-established priorities.

(2) TPW employees shall not directly spend or obligate ONP funds. The ONP and its employees will control all expenditures.

(3) An independent accounting firm shall audit the ONP annually. A copy of that audit shall be sent to the TPW executive director. Any state funds received by the ONP shall be subject to audit by the State Auditor’s Office.

(e) Compliance with state and federal requirements.

(1) Expenditures of state funds by the ONP for a TPW project shall meet the requirements of all applicable state and federal requirements governing TPW spending.

(2) State funds held by the ONP shall be subject to investment according to Government Code, Chapter 2256. State funds held by the ONP shall be invested by competent investment professionals to yield the highest returns possible.

(f) Sponsorship. When consistent with the mission of TPW, the ONP may solicit and accept corporate sponsorships. The ONP shall follow the criteria set forth in §51.201 of this title (relating to Sponsorships) when seeking, accepting, and administering corporate sponsorships.

1. All interested parties may submit a proposal for consideration.

2. Sponsorship opportunities that include endorsements shall be made available to the public.

3. All sponsorship proposals shall be given equal consideration.

(g) Lobbying. The ONP shall not use state funds to influence legislative action either by the ONP or by others funded by the ONP with state funds.

(h) Review. Not later than three years following the selection of an ONP by the commission, the commission shall assess whether the purposes for which the ONP was created still exist, if the ONP is serving those purposes, and if the ONP is still needed.

(i) The provisions of subsections (b), (c), (d), and (e) of this section shall also apply to nonprofit partners as defined in Parks and Wildlife Code, §11.201.

§51. 201. Sponsorship Requirements.

(a) The Official Nonprofit Partner (ONP) shall not accept sponsorship from any company or entity that has been determined by TPW to conflict with either the department’s mission or any legislative mandates.

(b) The ONP shall not accept sponsorship from any company or entity that is regulated by or in litigation with the department at the time of consideration. This does not prohibit accepting sponsorships from the holder of a noncommercial hunting or fishing license, or a license issued under Parks and Wildlife Code, Chapter 43, Subchapter D or F, or Parks and Wildlife Code §47.004.

(c) The ONP shall not agree to any sponsorship that would result in the role of TPW being less prominent than that of the sponsor.

(d) Sponsor recognition shall be solely in the context of the TPW program, event, or material that the sponsor has supported with a financial or in-kind contribution.

(e) Sponsor recognition shall be permitted only when the financial or in-kind contribution is greater than the costs associated with providing said recognition.

(f) Recognition shall not include signage of any kind on state-owned motor vehicles or trailers.

(g) The level of recognition accorded to a sponsor shall be based upon the following criteria:

(1) the level of contribution as a percentage of the total funding required to execute or produce the program, event, or material; or

(2) the level of contribution as a percentage of total sponsorship dollars received; or

(3) the scope of exposure (e.g. statewide, regional, local, or a single location); and/or

(4) the duration of exposure (e.g. one day, one month or one year).

(h) The Texas Parks and Wildlife Executive Office (EO) will approve levels and terms of recognition on a case-by-case basis, based on the criteria in subsection (g) of this section. The duration of any sponsorship arrangement must be clearly defined prior to approval by the EO. Multi-year agreements must be authorized by the EO, but may be renewed annually.

(i) A Sponsorship Recognition Report must be prepared by the ONP and submitted to the EO for all sponsors whose total financial contributions are valued at $10,000 or more in a calendar year.

(j) Payment of sponsorship financial contributions shall be made directly to the ONP. Agreements that were signed prior to the effective date of this section are not subject to the provisions of this section; however all renewals of sponsorship agreements following the adoption of this section shall comply with the provisions of this section.

§51.202. Employee Fundraising Activities. This section applies only to the solicitation or acceptance of a gift equal to or greater than $500 in value by a person employed by the Texas Parks and Wildlife Department.

(1) An employee may solicit and accept a donation or gift in accordance with this section as a part of their officially authorized duties.

(2) An employee authorized to solicit or receive a gift or donation under this subchapter shall maintain an accurate record of all such activities undertaken at state expense, and shall forward such records quarterly to the executive director or his or her designee.

(4) An employee whose job duties include regulatory oversight of a business organization or other entity may not solicit or accept a gift or donation on behalf of the department from that entity. This does not prohibit soliciting or accepting a gift or donation from the holder of a noncommercial hunting or fishing license or a license issued under Parks and Wildlife Code, Chapter 43, Subchapter D or F.

(5) No employee may solicit or accept a gift or donation as a consequence of administering or enforcing state law or a department regulation or policy.

§51.203. Youth-appropriate Advertising. Advertising that is appropriate for youth viewing, as required by Parks and Wildlife Code, §11.0172(b)(3), shall not include any alcohol or tobacco products.

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

Issued in Austin, Texas, on


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