Presenter: Walt Dabney
Commission Agenda Item No. 14
Action
Chapter 59 Park Fee Range
Adjustments
August 2003
I. Discussion: TPWD staff has proposed a number of changes to Chapter 59 intended to incorporate fee range increases and modify and edit fee language to improve clarity, readability and align it with current agency practices for setting fees within the State Parks Division.
Proposed amendments to §59.2 (1) establish a fee range for the State Park Annual Pass and restricts its use to non-commercial activities; (2) expand the availability of the Youth Group Annual Pass to all non-profit youth groups and limits use to 50 persons including a reasonable number of adult sponsors; (3) remove references to per-vehicle pricing for entrance fees (converted to per-person-priced entrance fee effective May 1, 1996); (4) proclaims the Executive Director’s authority to delegate authority to discount and waive fees under certain conditions; (5) clarifies entrance policy for persons entering parks by bicycle, boat, or on foot; (6) clarifies payment of fees by persons arriving by bus; (7) increases per-person fee range for school sponsored trips to $1-$5; (8) eliminates the historic site tour fee for students; (9) eliminates the issuing of duplicate Parklands Passports (passports are issued per person; not per vehicle as previously issued.)
Proposed amendments to §59.3 declares (1) the criterion on which State Park use fees are based; (2) establishes the circumstances under which fees may be implemented, raises, or lowered and (3) proposes a reorganization of the chapter to clarify differences between facility and activity fees and lists those individual fee ranges by type; (4) sets the upper ranges for all facility and activity use fees; and defines overnight lodging by room type, and services offered.
The proposed amendments above appear in the July 25, 2003 issue of the Texas Register. Staff will present a summary of all public comments received at the time of the commission meeting.
II. Recommendation: Staff recommends that the Commission adopt the proposed rule to implement House Bill 2685 by the following motion:
“The Parks and Wildlife Commission adopts amendments to 31 TAC §59.2 and §59.3, concerning State Parks Entrance, Facility and Activity Use Fees, with changes to the proposal as published in the July 25, 2003 issue of the Texas Register (28 TexReg 5813).”
Attachment – 1
- Exhibit A – Proposed Rules
Commission Agenda Item No. 14
Exhibit A
State
Park Fee Ranges
Proposal Preamble
1. Introduction.
The Texas Parks and Wildlife Department proposes the repeal of §59.3, concerning Activity and Facility Use Fees, an amendment to §59.2, concerning Park Entrance and Use Fees, and new §59.3, concerning Activity and Facility Use Fees. The repeal of §59.3 will allow the section to be restructured for greater clarity.
The proposed amendment to §59.2 consists of a number of changes. The amendment alters subsections (b) and (c) to increase the upper limit of the park-specific annual permit fee range from $50 to $100 and specifies that the permits may not be used for commercial activities. The amendment to subsection (d) expands the use of the Youth Group Annual Permit, making it available to all not-for-profit youth groups, removes the requirement of governmental sponsorship, and makes the permit valid at all department recreational and historic sites. The amendment also limits the admission of youth groups to 50 persons or less (including a reasonable number of adult supervisors, as determined by the park manager) and provides that the permit may be obtained at all state parks, Texas Parks and Wildlife Headquarters, and other designated offices. The amendment to current subsection (e) eliminates the per-vehicle entrance and use fee. The amendment to current subsection (f) sets the upper range for park entrance fees at $7 per person. The amendment to subsection (g) allows the executive director to delegate the authority to waive or discount entrance/day use fees. The amendment to current subsection (i) eliminates the coverage of an annual pass to the purchaser’s immediate family when persons arrive by boat, bicycle, or on foot, while increasing the number of persons allowed to accompany an annual permit holder by boat, bicycle, or on foot from three to five. The amendment to current subsection (m) eliminates the issuance of duplicate State Parklands Passports and restricts the instances in which replacement permits are issued. The amendment to current subsection (o) requires bus passengers to pay individual entrance/use fees when entering at parks that collect entrance/use fees on a per-person basis. The amendment to current subsection (p) increases the upper range of fees for school groups to $5.00 per person. The amendment eliminates current subsection (q), which allows students to be charged a student historic site tour fee. Finally, the amendment makes numerous non-substantive changes to improve clarity and readability.
New §59.3, concerning activity and facility use fees: declares the criteria on which park fees are based; establishes the circumstances under which fees may be implemented, raised, or lowered; sets the upper fee ranges for all park facility use and activity use fees; and establishes new fee ranges such that all fee ranges are by-facility rather than a mix of by-facility and by-park fees. The new section also defines facilities by number and type of beds, types of amenities, and available services.
The proposed fees are generally necessary to provide additional funding to maintain the current level of park services for the benefit of the public.
2. Fiscal Note.
Mr. Michael L. Crevier, director of business management, has determined that for each of the first five years that the rules as proposed are in effect, there will be fiscal implications to state government as a result of enforcing or administering the rules as proposed. The department establishes a fee range, consisting of an upper and lower value, for each type of facility or service (or combination thereof), which may vary from site to site. The purpose of the fee-range approach is to provide the flexibility for the department to make incremental adjustments to fee structures from time to time (within the approved ranges) for individual units of the park system in response to changing conditions over a multi-year period. The last fee range change adopted by the commission occurred in 1996. The proposed amendments authorize, but do not require, the department to implement fee increases. Not all fees will be immediately increased as a result of the amendments. Fee changes within the ranges established by rule are determined by analysis of user demographics, benefit, demand, comparability with local providers of similar facilities and/or services operated under similar conditions, and recreational industry trends. As fee increases are implemented, the department estimates that the potential increase resulting from the proposed rules will be approximately $500,000-700,000 per year for the first five years. This estimate was derived by taking the previous fiscal year’s occupancy and use numbers and multiplying by the fee increases expected to be implemented in each of the next five years. Thus, the estimate to some extent is based upon the extrapolation of historical data, which cannot take into account the specific impacts that may occur due to unpredictable variables such as unseasonable climatic conditions, economic factors, natural disasters, and other influences on visitation. Thus, the estimate is an approximate value representing the total possible revenue increase under the proposed rules.
There will be no fiscal implications for units of local governments.
3. Public Benefit – Cost Note.
Mr. Crevier 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 continuation of state park services at current levels for public enjoyment and benefit.
(B) The rules as proposed might impose adverse economic effects on some small businesses or microbusinesses engaged in filmmaking; however, the use of state parks and state parks equipment is not mandatory. The department has no employment or economic data from which to project the cost for each employee, cost for each hour of labor, or cost for each $100 of sales with respect to small businesses and microbusinesses engaged in filmmaking, but the cost of compliance with the proposed fees is the same for the smallest business as it is for the largest business potentially affected by the rule. The economic effect on persons required to comply with the rules as proposed will be the cost of the fees for the use of various facilities, amenities, and services indicated in the rulemaking.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.
(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.
4. Request for Public Comment.
Comments on the proposed rules may be submitted to Mike Crevier, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389- or 1-800-792-1112 extension (e-mail: mike.crevier@tpwd.state.tx.us).
5. Statutory Authority.
The repeal, amendment, and new rule are proposed under Parks and Wildlife Code, §13.015, which authorizes the department to charge and collect park user fees for park services, and requires the commission to set the fees; and §13.018, which requires the commission by rule to establish eligibility requirements and privileges available to the holder of a state parklands passport.
The proposed repeal, amendment, and new rule affect Parks and Wildlife Code, Chapter 13.
§59.3. Activity and Facility Use Fees.
The amendment and new rule are proposed under Parks and Wildlife Code, *>13.015, which authorizes the department to charge and collect park user fees for park services, and requires the commission to set the fees; and §13.018, which requires the commission by rule to establish eligibility requirements and privileges available to the holder of a state parklands passport.
The proposed amendment and new rule affect Parks and Wildlife Code, Chapter 13.
§59.2. Park Entrance and Use Fees.
(a) An entrance/day
use permit [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 entrance/day
use permit [$50
entrance permit and use]
fee in the range
of $50 - $100 may
apply at certain state
parks where entrance fees
are prescribed [in
lieu of a daily entrance
fee]. The
annual permit will admit [the
purchaser and] all
occupants of a [his]
private, noncommercial
vehicle, but will not
apply to commercial, quasi-public,
or public buses, or other
such vehicles.
(c) Annual entrance permits
are not valid for commercial
purposes, conducted
tours, [or] for fishing
privileges on fishing piers,
or at parks where entrance
fees are not prescribed.
(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 designated
as [sponsored
by a governmental agency
or] a nonprofit organization
[as defined under the
Internal Revenue Code, §501].
The permit is valid for
entry at all recreational
parks and historic sites
managed by Texas Parks and
Wildlife Department [at
parks with a per vehicle
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 as determined
by the site manager 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. An
additional[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 Texas
Parks and Wildlife Headquarters,
any state park, or other
office designated by the
department [the
chief, park operations,
or designee] 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 $1.00 - $7.00[$.50-$5.00]
will apply on a per person
basis at parks designated
by the department. Where
variable entrance and use
fees are authorized by the
commission, they may be
set on an individual park
basis.
(f) [(g)]
The executive director may,
at his discretion, temporarily
waive any entrance fees
or conditions thereof established
in this section at any park
when circumstances [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 or promote
the future use of
existing facilities. The
executive director may designate
other department personnel
to discount or waive entrance/day
use fees.
(g) [(h)]
No entrance fee will be
charged or collected at
parks unless the department
deems it feasible to collect
the fees.
(h) [(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 five [three]other
persons to enter
by boat, bicycle, or on
foot.
(i) [(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 be
issued a state parklands
passport at no cost
upon application and not be required
to pay an entrance fee
at state parks. A resident[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 [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.
(j) [(k)]
A
holder of a state
parklands passport [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 residents[motor
vehicles carrying a resident]
of this state whose date
of birth is after August
31, 1930, and who are [is] also the holders [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
facility
use or participation
in certain activities [fishing privileges
or tour fees] required
in some [certain]
units of the state park
system.
(k) [(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.
(l)[(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, or damaged[, or the
motor vehicle is sold,
traded, or stolen, or
when the motor vehicle
windshield is replaced].
(m) [(n)]
Entrance fees established
in subsections (b) and
(d) of this section will
apply to all private aircraft
and noncommercial motorized
vehicles, which includes
all [two or more-wheeled]
vehicles with
two or more wheels. Commercial, quasi-public,
or public buses or other
vehicles do
not qualify for annual
pass benefits[are
excluded].
(n) [(o)]
Persons entering parks
by bus, where entrance
and use fees are charged
on a per-person [per-car]
basis, will
be charged normal
entrance/day use fees[, 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].
(o) [(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 $1.00
- $5.00 [$.50-$1.00] per
person at historic sites
[where a tour fee is
charged] or at a park
where day-use entrance
and use fees are charged
[on a per-vehicle basis].
The group or class must
be accompanied by an adult
supervisor(s). The $1.00
- $5.00 [$.50-$1.00]
per person fee applies
to individuals from all
public or private schools,
colleges, and universities
offering accredited courses.
(p) [(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 standard
per-person entrance/day
use fees [an individual
rate of $1.00-$3.00 for
adults and $.50-$1.50
for children 12 years
of age and under].
(q)[(s)]
The valid time period
for daily entrance fees
will be:
(1) for day use, the time period encompassing the day-use opening and closing hours 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 unless otherwise established at sites where circumstances or conditions warrant alternative timeframes.
(r)[(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.
(s)[(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
deemed appropriate and
in accord with applicable
statutes.
(t)[(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.
(u)[(w)]
Any fees established in
this section may be waived
or reduced at the discretion
of the executive director
or his/her
designee for
public use of a park during
special events or exhibitions.
(v)[(x)]
The executive director
may designate the amount
of use fee and entrance
fee within the total amount
provided for by this section.
§59.3. Activity and Facility Use Fees.
(a) Where variable use fees are authorized by the commission, they may be established for individual parks, activities, or facilities. Fees may also be established on a yearly, monthly, or weekly basis. The executive director is authorized to establish an annual or seasonal permit for a facility or activity in lieu of a daily fee, and may establish a replacement and/or a duplicate permit. The executive director or his/her designee may discount or waive fees in order to enhance utilization or to promote the future use of existing facilities or activities.
(b) Fee ranges—Group One:
(1) campsite—primitive—$4.00-$20;
(2) campsite—regular- $5.00-$26;
(3) campsite (with electricity)—$9.00-$26;
(4) campsite (with electricity and sewer connection)—$10-$36;
(5) screened shelter—$15-$60;
(6) shelter with amenities—$25-$75;
(7) cabins:
(A) kitchen and bath—$45-$200;
(B) limited service-$45-$100; and
(C) each additional person above capacity-$5.00-$25;
(8) recreation/meeting hall—$50-$300;
(9) group lodge:
(A) variable (by facility type)—$75-$500;
(B) variable (by number of occupants)—$15-$45;
(C) each additional person above capacity—$5.00-$25;
(10) dining hall—$65-$150;
(11) pavilion (variable by facility)—$17-$250;
(12) amphitheater—$10-$150;
(13) auditorium—$200-$650;
(14) gymnasium—$300-$850;
(15) group picnic area—$17-$200;
(16) group camps (bunkhouses, barracks, campsites, shelters), variable by type and number of facilities (units) used—$100-$1,500;
(17) hotel/motel room:
(A) single (one bed) or standard (two double beds)—$40-$95;
(B) king single (one bed)—$65-$125;
(C) suite (two double beds)—$75-$175;
(D) executive suite (two double beds)—$85-$225;
(E) additional person (adult)—$5.00-$20;
(F) additional person (child)—$2.00-$10.00; and
(G) rooms with kitchenettes—$50-$60;
(18) Bed and Breakfast rooms:
(A) single (two twin beds)—$50-$90;
(B) double (one double bed)—$50-$100;
(C) queen suite—$75-$150; and
(D) cottage—$75-200;
(19) ranch accommodations:
(A) historic ranch house—$40-$125 per person, meals available upon request; and
(B) bunkhouse (two twin beds)—$35-$75 per person, meals available upon request;
(20) excess vehicle parking (per vehicle)—$1.00-$6.00 (parking areas designated by park manager);
(21) excess occupancy fee (with facility use fee), per person—$1.00-$25;
(b) Fee ranges—Group Two:
(1) seasonal or annual activity pass— $25- $325;
(2) swimming pools use:
(A) adults—$2.00-$6.00;
(B) child (six-12)—$1.00-$4.00; and
(C) group use (before or after normal operating hours)—$35-$750;
(3) nine-hole golf course (staff operated):
(A) green fees—daily—$7.00-$15;
(i) weekends and holidays—$8.00-$25; and
(ii) 18 years of age and under (excluding weekends and holidays)—$3.00-$10; and
(B) golf trail fee for privately owned golf carts:
(i) daily—$3.00-$12.00; and
(ii) annual—$50-$175;
(4) historic steam railroad:
(A) fares:
(i) adult (one-way)—$8.00-$20;
(ii) adult (round trip)—$13-$25;
(iii) child (three-12) (one-way)—$4.00-$12.00; and
(iv) child (three-12) (round trip)—$7.00-$15;
(B) train lease for filming purposes (salaries for train crew are paid in addition to the fees listed, and a surety bond of $500,000 may be required):
(i) steam locomotive and tender (per day)—$1,500-$2,500;
(ii) diesel locomotives (per day)—$700-$1,500;
(iii) steam engine firing fuel and lubricants (per running hour)—$100-$350;
(iv) diesel locomotives fuel and lubricants (per running hour)—$50-$250;
(v) railroad car per unit (any type) (per day)—$120-$375;
(vi) rail mounted truck with driver (per day)—$280-$700;
(vii) motor car with driver (per day)—$240-$700;
(viii) short-term steam train use (after regular schedule run) three-hour minimum (per hour)—$400-$1,500;
(ix) train charter rates:
(I) 50-mile round trip (regular passenger fares) minimum—$2,500-$4,500; and
(II) 15-mile round trip (regular passenger fares) minimum—$1,650-3,750.
(5) island access fees:
(A) boat transportation fee:
(i) adults (round trip)—$10-$20; and
(ii) child (six-12) (round trip)—$5.00-$15;
(B) on island tour fee—$3.00-$18; and
(C) beach shuttle fee:
(i) adults—$2.00-$6.00; and
(ii) child (six-12)—$1.00-$4.00;
(6) state park and historic site filming fee (private, profit-oriented businesses) per day (contract and surety bond required)—$250-$10,000;
(7) activity use fee per person (day or overnight)—$2.00-$50;
(8) lake use fee—$5.00-$15;
(9) visitor shuttle fee per person—$2.00-$10;
(10) tour fee (includes educational, interpretive, instructional, adventure and/or entertaining or any combination of fees packaged into one rate) per person—$.25-$1,000;
(11) fishing pier fees—per fishing device—$1.00-$5.00;
(12) educational seminar fee—variable according to type of seminar, size of group and other applicable considerations;
(13) equipment rental fee—variable according to type of equipment and other applicable considerations;
(14) park operations fee (operating cost for special services and or resources utilized)—cost plus 20%;
(15) event fee:
(A) wedding ceremonies and receptions or other special receptions and meetings—$50-$5,000.
(B) special public activities, festivals and exhibitions when authorized and conducted—fee is variable and may be combined or packaged with other use and/or concessions fees
(16) commercial boat landing fee—$50-$1,000;
(17) 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 a designee; and
(18) commercial use fee – variable. Fees for special activities conducted within a state park or for access to a state park for which a direct or indirect profit is the motive for conducting the activity.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt
Issued in Austin, Texas, on
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