Presenters: Gene McCarty
Julie Horsley
Ann Bright

Commission Agenda Item No. 5
Action
Chapter 53 Finance Rule Review
April 2004

I. Executive Summary: This item seeks adoption of proposed rulemaking related to the rule review of 31 TAC Chapter 53 (Finance), required by Government Code §2001.039, as well as other amendments to the chapter to incorporate items proposed as part of the license fee restructuring effort.

II. Discussion: Government Code, §2001.039 directs each state agency to perform a review of regulations not less than every four years and to either readopt, amend or repeal each rule, provided that the agency has not acted on the rule in the interim. In December of 2003, the Department published in the Texas Register a Notice of Plan to Review in which the agency outlined a proposed schedule for undertaking the required review. The Department subsequently published a Notice of Intent to Review Chapter 53 in the Texas Register (29 TexReg 2388). In addition, at the January 2004 meeting the Commission authorized publication of proposed amendments in the Texas Register for public comment. The proposal appeared in the March 5, 2004 issue of the Texas Register (29 TexReg 2204).

The required review has resulted in the proposed repeal of all sections in Chapter 53, the majority of which are either subsequently (1) proposed for readoption in Chapter 53 with amendments reflecting housekeeping type changes aimed at clarification, consistency, and consolidation of fee and related information; or (2) proposed for readoption in Chapter 51, Executive, with amendments. The regulations proposed for readoption are retained on the basis of continuing need and the determination that the reasons for their existence continue. A number of sections are permanently repealed. The regulations proposed for repeal are either redundant of existing state law or unnecessary. Other proposed amendments incorporated into Chapter 53 include: (1) license restructuring and changes to reflect provisions of House Bill 1989, enacted in 2003 by the 78th Texas Legislature (relating to creation of the freshwater fishing stamp); (2) fee changes for selected licenses and items; and (3) addition of facility use and rental fees for selected facilities.

Among the sections proposed for repeal in Chapter 53 and adoption in Chapter 51 are the sections addressing the disclosure of customer information, as required by Texas Parks and Wildlife Code, §11.030(c). The proposed new sections define the types of customer information maintained by the department and set forth the department’s policy regarding disclosure of such information.

Staff will provide a summary of public comment at the time of the hearing.

III. Recommendation: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts the repeal of §53.1-53.18, 53.22, 53.25, 53.35, 53.41, 53.50, 53.60, 53.70, 53.90, 53.100 and §53.200-53.206 and new §53.1- 53.16, 53.30, 53.40, 53.50, 53.60, 53.70, 53.80, 53.90, 53.100, 53.110 and 53.120, concerning the agency’s finance rules, and new §§51.300-51.306, concerning Disclosure of Personal Customer Information, 51.350, concerning Vendor Dispute Resolution, and 51.400, concerning Investment of the Lifetime License Endowment Fund, with changes to the proposed text as published in the March 5, 2004 issue of the Texas Register (29 Tex Reg 2204). The Texas Parks and Wildlife Commission also adopts the legislative rules review of Chapter 53, with changes, as proposed in the March 5, 2004, issue of the Texas Register (29 TexReg 2388)."

Attachments – 4
1. Exhibit A - Notice of Intent to Review
2. Exhibit B - Proposed new Chapter 53 rules
3. Exhibit C - Proposed new Chapter 51 rules
4. Exhibit D - Fiscal Note


Commission Agenda Item No. 5
Exhibit A

Notice of Intent to Review

The Texas Parks and Wildlife Department files this notice of intention to review Texas Administrative Code Title 31, Part II, as follows:

Chapter 53: Finance
Subchapter A: License Fees and Boat and Motor Fees

§53.1. License Issuance Procedures, Fees, Possession and Exemption Rules.
§53.2. Combination Hunting and Fishing Licenses and Packages.
§53.3. Other Recreational Hunting and Fishing Licenses, Stamps, and Tags.
§53.4. Commercial Hunting/Trapping Licenses and Permits.
§53.5. Public Land Hunting Permits and Fees.
§53.6. Commercial Fishing Licenses and Tags.
§53.7. Business Licenses and Permits.
§53.8. Miscellaneous Wildlife Licenses and Permits.
§53.9. Investment of Lifetime License Endowment Fund.
§53.10. Vessel and Motor Fees Set by Commission.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

Subchapter B: Stamps
§53.11. Stamp Form.
§53.12. Stamp Design.
§53.13. Stamp Manner of Issuance.
§53.14. Stamp Purchaser Identification and Possession Requirements.
§53.15. Stamp Exemptions.
§53.16. Obsolete Stamps and Decals.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

Subchapter C: Vessel Registration Agents and Surety Bonds
§53.17. Authorized Vessel Registration Agent for the Department.
§53.18. Surety Bond Requirements.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

Subchapter D: License Deputies
§53.22. License Deputy Appointment and Cancellation Procedures.
§53.25. License Deputy Collection and Issuance Fees.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

Subchapter E: Selling Price of Departmental Information
§53.35. Release and Sale of Customer Information.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

Subchapter F: Commercial Fishing Boat Numbers
§53.41. Composition and Issuance.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

Subchapter G: Texas Freshwater Fisheries Center Admission Fees
§53.50. Texas Freshwater Fisheries Center Admission; Fees and Other Entrance Requirements.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

Subchapter H. Marine Safety Enforcement - Training and Certification Fees
§53.60. Law Enforcement Training and Certification Fees.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

Subchapter I. Protest Procedures for Vendors
§53.70. Vendor Protest Procedure.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

Subchapter J. Exemptions for Disabled Veterans
§53.90. Exemptions from Stamp Fees.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

Subchapter K. License Standards
§53.100. License Format and Legibility.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

Subchapter L. Marine Dealers, Distributors, and Manufacturers
§53.200. Definitions.
§53.201. Application, Renewal, Transfer, and Replacement.
§53.202. Notification--Change of Dealer, Manufacturer, Distributor Status.
§53.203. Display of License.
§53.204. Reporting and Recordkeeping Requirements.
§53.205. Display of Registration Validation Sticker.
§53.206. Bonded Title--Acceptable Situations.
NOTE: The contents of this subchapter are proposed for rule action elsewhere in this issue.

This review is pursuant to the Texas Government Code, §2001.039.

The Commission will accept comments for 30 days following the publication of this notice in the Texas Register as to whether the reasons for adopting the sections under review continue to exist and to determine whether the rules reflect current legal, policy, and procedural considerations. Final consideration of this rules review is scheduled for the Parks and Wildlife Commission on April 8, 2004.

Any questions or written comments pertaining to this notice of intention to review should be directed to Gene McCarty, Chief of Staff, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX , 78744. Any proposed changes to rules as a result of the review will be published in the Proposed Rules Section of the Texas Register and will be open for an additional 30-day public comment period prior to final adoption or repeal of the Commission.


Commission Agenda Item No. 5
Exhibit B

Chapter 53 Restructuring
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes the repeal of §§53.1-53.18, 53.22, 53.25, 53.35, 53.41, 53.50, 53.60, 53.70, 53.90, 53.100, and 53.200-53.206, and new §§53.1-53.16, 53.30, 53.50, 53.60, 53.70, 53.80, 53.90, 53.100, 53.110, and 53.120, concerning the department’s rules governing fees. For the most part, the proposed rule actions are nonsubstantive in nature and represent an overhaul of the structure of Chapter 53; however, the proposed new sections also implement a small number of fees, fee increases, and restructured licenses as noted. The repeals and new sections are necessary to reorganize the chapter as legislative, regulatory, and policy actions over the last 10 years have created the need to regroup various licenses and permits according to similarities of type and use so as to make reference and utilization easier. The repeals of §§53.1-53.8, 53.10-53.17, 53.25, 53.41, 53.50, 53.60, 53.90, 53.100, and 53.200-53.206 are necessary to allow the designation of new sections addressing the same subject material. The repeals of §§53.9, concerning Investment of Lifetime License Endowment Fund, 53.35, concerning Selling Price of Department Information, and 53.70, concerning Protest Procedures for Vendors, are necessary to remove those sections from Chapter 53 (Finance) and place them in Chapter 51 (Executive), where they more properly belong. The repeal of §53.18, concerning Vessel Registration Agents and Surety Bonds, and §53.22, concerning License Deputy Appointment and Cancellation Procedures, are necessary because the subject material of the sections can be addressed by department policy and procedure and are therefore unnecessary in rule.

New §53.1, concerning Applicability, establishes Chapter 53 as the sole repository for the department’s regulations prescribing fees, except for those fees contained in Chapter 59, concerning Parks, and Chapter 69, Subchapter H, concerning Issuance of Marl, Sand, and Gravel Permits. References in other chapters to fee amounts will be removed in other rulemakings. The proposed new section is necessary to prevent conflicts with provisions in other chapters.

New §53.2, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules, is identical to the current §53.1, except for nonsubstantive changes. Current subsection (a)(1), which prohibits the hunting of deer and turkey without a license, has been removed because that provision is established by statute in Parks and Wildlife Code, Chapter 42, and is therefore unnecessary in regulation. The grammatical structure of current subsections (a)(2) and (b)(1) has been modified to create an affirmative sense (i.e., ‘a person may, if…,’ replacing ‘no person may, unless’) to effect a clearer expression of the conditions under which a person may hunt or fish without being in physical possession of a license. Current subsection (b)(2) (regarding retention of red drum) has been modified to clarify that it applies to red drum caught in coastal waters and that a person must have a saltwater sportfishing stamp, and current subsection (d)(5) is removed because that provision is established by statute in Parks and Wildlife Code, Chapter 46, and is therefore unnecessary in regulation

New section §53.3, concerning Combination Hunting and Fishing Licenses and Packages, is substantively identical to the current §53.2, except for changes as noted. Language has been added establishing that the items included in combination packages shall be priced at a discounted rate. The provisions of current §53.2 (a) (establishing fees for combination hunting and fishing licenses) has been restructured in the proposed new section to establish combination hunting and fishing licenses packages for freshwater fishing, saltwater fishing, and all water fishing. The changes are intended to minimize customer confusion regarding addition of the new freshwater fishing stamp requirements and to maximize customer convenience. The proposed new section establishes a new resident combination hunting and freshwater fishing package ($47), resident combination hunting and saltwater fishing package ($52), resident combination hunting and “all water” fishing package ($57), resident senior combination hunting and freshwater fishing package ($15), resident senior combination hunting and saltwater fishing package ($20) and resident senior combination hunting and all water fishing package ($25). The fees for these packages consist of the current license cost plus (1) the cost of the new freshwater fishing stamp ($5), mandated under provisions of House Bill 1989, 78th Legislative Session, for the freshwater packages; (2) the cost of the current saltwater fishing stamp and surcharge ($10) for saltwater fishing packages; and (3) the cost of both the new freshwater fishing stamp and the current saltwater fishing stamp for all water fishing packages. Current subsection §53.2 (a) (3) (establishing the fee for the lifetime resident combination hunting and fishing license) has been removed and relocated to proposed new §53.4, concerning Lifetime Licenses. The provisions of current §53.2 (b) (establishing fees for combination license packages) also have been restructured to establish resident and resident senior super combination hunting and fishing license packages that incorporate the freshwater fishing stamp. The proposed new section establishes a resident super combination hunting and all water fishing package ($64) and a new resident senior super combination hunting and all water fishing package ($30). The super combination packages do not include references to the muzzleloader and freshwater trout stamps, but include the new freshwater fishing stamp, all of which is mandated under provisions of H.B. 1989, enacted by the 78th Texas Legislature, and contains a reference to the red drum tag for clarification purposes. The fees for these packages were determined by incorporating the new $5 freshwater fishing stamp fee and by applying a discounted rate of 73.6% of the value of each individual item (licenses and stamps) available in the new packages. The proposed new section also incorporates a resident disabled veteran super combination hunting and all water package ($0), relocated from current §53.90 (which is proposed for repeal in this rulemaking), does not include references to the muzzleloader and freshwater trout stamps, contains provisions relative to the new freshwater fishing stamp mandated by H.B. 1989; and includes a reference to the red drum tag for the purpose of clarification. The proposed new section retains the fee for replacement of combination packages at $10, with modifications to clarify that the cost of replacement super combination packages is also $10, and provides that there is no charge for replacement of a disabled veteran super combination hunting and all water fishing package.

New §53.4, concerning Lifetime Licenses, consolidates provisions concerning the lifetime hunting license (from current §53.3), the lifetime fishing license (from current §53.3), and the lifetime resident combination hunting and fishing license (from current §53.2) into a single section dealing with lifetime licenses. The new section also includes the fee for the upgrade of a lifetime fishing or hunting license to a lifetime combination license, and the fee for replacing a lifetime license of any type. The remaining contents of current §53.3 are being relocated to other proposed new sections as noted.

New §53.5, concerning Recreational Hunting Licenses, Stamps, and Tags, is substantively identical to the provisions of current §53.3(a) and (b), except that: current subsection (a)(2) (establishing the fee for the lifetime hunting license) is eliminated because that provision is relocated to proposed new §53.4, concerning Lifetime Licenses; current subsection (a)(3) is reworded for the sake of clarity; and current subsection (b)(5) (establishing a fee for the muzzleloader stamp) is removed because the muzzleloader stamp was eliminated by legislative action.

Proposed new §53.6, concerning Recreational Fishing Licenses, Stamps and Tags, establishes new freshwater, saltwater and all water fishing packages and is necessary to minimize customer confusion regarding addition of the new freshwater fishing stamp requirements (as mandated by H.B. 1989) and to maximize customer convenience by adding various licensing options. The freshwater trout stamp found in current §53.3(d) is repealed because legislative action (H.B. 1989) eliminated that stamp, and the fee for the freshwater fishing stamp is incorporated, also as authorized by H.B. 1989. New §53.6(a) establishes the prices of individual licenses that will be available only as part of a package, and establishes the period of validity for the “Year–from-purchase” resident fishing license, the July and August resident fishing license, and the day resident and day non-resident fishing licenses. The fees for a resident fishing license ($23), special resident fishing license ($6), and non-resident fishing license ($50) are identical to current fees for these licenses as established in current §53.3(c). The “year-from-purchase” resident fishing license ($30), the July and August resident fishing license ($20), the day resident fishing license ($6 to $8), and day non-resident fishing license ($12 to $15) replace the temporary (14-day) resident sport fishing license, the temporary (three-day) resident sport fishing license, and the temporary (five-day) non resident fishing license in current §53.3(c). Proposed new §53.6(b) establishes the price for stamps that are sold either individually or as part of a package, and states the period of validity of the stamps. The fee for the freshwater fishing stamp ($5) is mandated in H.B. 1989, and the fees for the saltwater sportfishing stamp ($7) and surcharge ($3) are identical to the fees established in current §53.3(d). Proposed new §53.6(b) also clarifies that a red drum tag will be issued at no charge with each saltwater sportfishing stamp. Proposed new §53.6(c) establishes the price for fishing packages and licenses, as follows: resident freshwater fishing package ($28); resident saltwater fishing package ($33); resident “all water” fishing package ($38); special resident freshwater fishing package ($11); special resident saltwater fishing package ($16); special resident ‘all water” fishing package ($21); “year-from-purchase” resident “all water” fishing package ($45); July and August resident freshwater fishing package ($25); July and August resident saltwater fishing package ($30); July and August resident “all water” fishing package ($35); resident freshwater fishing “day plus” package ($11 to $13 for the first day, plus $2 to $4 for each additional consecutive day); resident saltwater fishing “day plus” package ($16 to $18 for the first day, plus $2 to $4 for each additional consecutive day); resident all water fishing “day plus” package ($21 to $23 for the first day, plus $2 to $4 for each additional consecutive day); nonresident freshwater fishing package ($55); nonresident saltwater fishing package ($60); nonresident “all water” fishing package ($65); nonresident freshwater fishing “day plus” package ($17 to $20 for the first day, plus $5 to $8 for each additional consecutive day); nonresident saltwater fishing “day plus” package ($22 to $25 for the first day, plus $5 to $8 for each additional consecutive day); nonresident all water fishing “day plus” package ($27 to $30 for the first day, plus $5 to $8 for each additional consecutive day); Lake Texoma fishing license ($12); and a replacement fee for fishing packages and licenses ($10). All packages established in the proposed new section are priced at an amount equal to the cost of the license plus the costs of the stamps included in that package. The resident and nonresident freshwater, saltwater, and “all water” fishing “day plus” package, consisting of the day resident fishing license or day nonresident fishing license and the applicable stamp, and the option to purchase additional consecutive days, establishes that a previous purchaser of these packages within the license year may repurchase the package for the price of the day resident fishing license or the day nonresident fishing license plus the cost for additional consecutive days, as the stamp privileges from the first purchase will be extended to the holder for the term of the subsequent purchase. The Lake Texoma fishing license is established at a fee identical to the fee in current §53.3 (c) for this item, and clarifies that holders of this license are exempt from freshwater fishing stamp requirements when fishing on Lake Texoma. Proposed new §53.6(d) establishes fees for fishing tags as follows: exempt angler red drum tag ($3); bonus red drum tag ($0); tarpon tag ($120); replacement tarpon tag ($30); individual bait-shrimp trawl tag ($35); and salt water trotline tag ($4). The exempt angler red drum tag is established to provide a mechanism to provide a red drum tag to individuals exempt from purchase of a resident or nonresident fishing license. The fees for the bonus red drum tag, tarpon tag, replacement tarpon tag, and individual bait- shrimp trawl tag are identical to current fee amounts established in current §53.3(e). The fee for the saltwater trotline tag increases from $3 to $4. The fee increase is necessary because it was inadvertently omitted from the comprehensive fee adjustments adopted in 2003. The department determined at that time that additional funds were needed to maintain current levels of service to the public. Fees for the majority of the licenses and permits had not been increased since 1996. Since that time, inflation significantly increased the cost of doing business (such as the cost of office space, utilities, vehicles, and gasoline), and the Department added a variety of new programs and services. The existing fees were compared with various cost of living indices and the accumulated rates of inflation since 1996, which was approximately 20%. The fee increase for the saltwater trotline tag is proposed based on that calculation.

New §53.7, concerning Furbearing Animal Licenses and Permits, contains the provisions of current §53.4(b), which are relocated into a new section exclusively addressing licenses and permits pertaining to furbearing animals. The contents of the proposed new section do not include current §53.4(b)(3) and (6) (establishing the fees for the resident and nonresident retail fur buyer’s permits, respectively) because rulemaking action in 2003 amended the provisions of Chapter 65, Subchapter Q, to eliminate the sale of those permit types.

New §53.8, concerning Alligator Licenses, Permits, Stamps, and Tags, contains the provisions of current §53.4(c), which are relocated into a new section exclusively addressing licenses, permits, stamps, and tags pertaining to alligators. In addition, the proposed new section incorporates the provisions of §65.362(e) and §65.365 (which establish fees for the alligator export permit and the alligator management tag, respectively) so that all fees concerning alligators are located in a single section.

New §53.9, concerning Falconry Permits, contains the provisions of current §53.8(c), which are being retained in order to create a single section exclusively addressing falconry permits. The remaining provisions of current §53.8 are being relocated in other sections as noted.

New §53.10, concerning Public Hunting and Fishing Permits and Fees, contains the provisions of current §53.5. Several nonsubstantive changes are made to the current rules. The caption of subsection (a) changes from ‘Hunting permits’ to ‘Hunting and access permits,’ to more accurately reflect the scope of the provisions, and the wording of current §53.5(b)(1)(B) and (C) and (c)(2) have been nonsubstantively altered to eliminate awkward sentence construction.

New §53.11, concerning Commercial Hunting Licenses and Permits, contains the provisions of current §53.4(a), which are being relocated to a single section pertaining exclusively to commercial hunting activities regulated by the department. The proposed new section differs from the current §53.4(a) only in that 1) fees for hunting cooperatives are removed, since those fees are established by statute in Parks and Wildlife Code, Chapter 43, Subchapter G, need not be repeated in regulations, and in any case cannot be altered by the commission; and 2) the fee for an antlerless and spike-buck control permit application has been relocated to new §53.14, concerning Deer Management and Removal Permits so that all fees related to deer management and removal are in the same section.

New §53.12, concerning Commercial Fishing Licenses and Tags, contains the provisions of current §53.6, with the following nonsubstantive alterations: references to ‘license plates’ are replaced with the term ‘display licenses,’ because metal plates will no longer be used; and a reference to ‘commercial oyster captain’s’ is changed to ‘commercial oyster boat captain’s’ for accuracy and consistency.

New §53.13, concerning Business Licenses and Permits—Fishing, contains the provisions of current §53.7, with the exception that current §53.7(4) (establishing the saltwater trotline tag fee) is removed because it has been relocated to proposed new §53.6, concerning Recreational Fishing Licenses, Stamps, and Tags. In addition, the proposed new section increases the fees for license transfers because those fee increases were inadvertently omitted from the comprehensive fee adjustments adopted in 2003. The fee increases are necessary for the department to recoup the increased administrative costs associated with processing transfers since the last fee increase in 1996.

New §53.14, concerning Deer Management and Removal Permits, contains the provisions of current §53.8(a) and (d)-(f) that apply to fees for permits pertaining to deer management and removal. The provisions have been nonsubstantively altered to: clarify that the renewal fee for the scientific breeder’s permit is the same as the initial fee (to be consistent with the terminology of §65.603(d)(4), which addresses renewals, rather than re-application, which is consistent with Parks and Wildlife Code, §43.355); clarify that the fee for the trap, transport, and transplant permits is an administrative fee for application review, rather than for the permit itself (to be consistent with Parks and Wildlife Code, §43.061(f), which authorizes the commission to implement a fee for review of permit applications); clarify that the fee for the deer management permit is for the permit itself, rather than for processing the application (to be consistent with Parks and Wildlife Code, §43.603(c), which authorizes a fee for permit issuance, rather than for processing); incorporate current §53.4(a)(12); and modify the current reference to ‘antlerless deer control permit’ to ‘antlerless and spike-buck deer control permit,’ which is necessary to accurately reflect the purpose of the permit.

New §53.15, concerning Miscellaneous Fisheries and Wildlife Licenses and Permits, contains the provisions of current §53.8(b) and (g), concerning game bird and game animal breeding licenses and commercial nongame permits, respectively; §69.310, concerning fees for educational, scientific, and zoological permits; §§57.117, 57.125, and 57.131, which establish fees for permits pertaining to exotic fish, shellfish, and exotic plants; §69.6, which establishes the fee for the commercial plant permit; §55.150, which establishes the fee for the permit for aerial management of wildlife and exotic species; §57.395, which establishes the fee for the permit to collect broodfish from Texas waters; §58.30, which establishes the fees for an application for an oyster lease, oyster lease rental, and oyster lease renewal or transfer. The fees are being relocated from other chapters in order to consolidate all fees in Chapter 53.

New §53.16, concerning Vessel, Motor, and Marine Licensing Fees, contains the provisions of current §53.10, which have been nonsubstantively altered to clarify that ‘quick’ title fees consist of an administrative surcharge for expedited title to a vessel or motor, and are in addition to applicable fees, and to remove obsolete references to effective dates.

New §53.30, concerning Facility Admission and Use Fees, contains the provisions of current §53.50, which establishes the entry fees for the Athens Freshwater Fisheries Center. In addition to the current fee, the proposed new section also establishes a new fee for facility use and for the annual pass to the Athens Freshwater Fisheries Center; admission fees for Sea Center Texas; fees for the use of facilities at the Parrie Haynes Youth Ranch; entry fees for Old Tunnel Wildlife Management Area; and facility use fees for Mason Mountain Wildlife Management Area. The creation of the annual pass (and fee) at the Athens Freshwater Fisheries Center is intended to address requests for a discounted entry fee from persons who visit the center multiple times. The entrance fees for Sea Center Texas are necessary to recoup operational costs. The fees for the use of Parrie Haynes Youth Camp are necessary to ensure the ability of the facility to serve the youth of Texas under terms of agreement with the Texas Youth Commission, and the costs of providing the facility for public use. The entry fees at Old Tunnel WMA, as well as the facilities use fees on Mason Mountain WMA, are necessary to fund public outreach, research, operations, and management on those areas, which, unlike the other wildlife management areas in the state system, are not eligible for reimbursement for those expenses under the federal Wildlife Restoration program; thus; it is imperative that the agency generate some type of revenue in order to continue to operate the areas for public use.

New §53.50, concerning Training and Certification Fees, contains the provisions of current §53.60, which establish fees for marine safety enforcement officer training and eliminates the current fee of $3 per student per hour for that training to make the course more affordable for peace officers from smaller jurisdictions and to ensure uniform quality of training instruction. The proposed new section also includes the provisions of §55.609, concerning registration fees for hunter education training, to consolidate all fees in Chapter 53; and incorporates a new fee for deferred hunter education.

New §53.60, concerning Stamps, consolidates the provisions of current §§53.11-53.16 and those of current 53.3(f) (concerning the collector’s edition stamp package) in a single section. References to the muzzleloader and freshwater trout have been eliminated because of legislative action that eliminated those stamps (H.B. 1989, 78th Legislature, Regular Session, 2003); the freshwater stamp has been added (also because of H.B. 1989); references to obsolete effective dates have been removed; reference to a collectible freshwater fishing stamp (authorized by H.B. 1989) has been added; and other, minor nonsubstantive grammatical changes have been made to enhance clarity.

New §53.70, concerning License Deputies and Vessel Registration Agents, contains the provisions of current §53.17 and §53.25. The proposed new section is substantively identical to the current provisions, except that current §53.17(b), concerning public inspection of application forms for appointment as an authorized vessel registration agent, is eliminated because there is no reason to state in regulation something that is self-evident, and because the forms can be mailed or transmitted electronically to anyone; and current §53.25 has been modified to eliminate a reference to fee amounts retained by license deputies for sale of Lake Texoma Fishing licenses in order to make amounts retained by license deputies uniform for all license types.

New §53.80, concerning Commercial Fishing Boat Numbers, contains the provisions of current §53.41. The only change to the current text is the replacement of the term ‘metal plate’ with the term ‘display license,’ which is necessary because the department will replace the metal license-plate type identification with a display license.

New §53.90, concerning Display of Registration Validation Sticker, contains the unchanged provisions of current §53.205, which prescribe the manner in which registration decals must be displayed and make a special provision for antique boats.

New §53.100, concerning Bonded Title—Acceptable Situations, contains the unchanged provisions of current §53.206, which set forth the circumstances under which the department will issue a bonded title in the event that complete documentation cannot be provided or obtained by an applicant for title, registration, or transfer.

New §53.110, concerning Marine, Dealers, Distributors, and Manufacturers, contains the unchanged provisions of current §§53.200-53.204, which are being consolidated into a single section. New subsection (a) is current §53.200, concerning Definitions, which establishes a specific meaning for the word ‘consignment’ for use in the context of the subchapter. New subsection (b), which is current §53.201, concerning Application, Renewal, Transfer, and Replacement, sets forth the required information and documentation that an applicant must submit in order to be licensed by the department as a dealer, distributor, or manufacturer. New subsection (c), which is current §53.202, concerning Notification—Change of Dealer, Manufacturer, Distributor Status, establishes a notification requirement for dealers, manufacturers, and distributors in the event that a change in address, ownership, business name, location, franchise agreement, contact information, or phone number has occurred. New subsection (d), which is current §53.203, concerning Display of License, requires licenses to be publicly displayed at all times. New subsection (e), which is current §53.204, concerning Reporting and Recordkeeping Requirements, sets forth the types of records that must be maintained as a condition of licensure.

New §53.120, concerning License Format and Legibility, consists of current §53.100, which has been modified to clarify that the provisions of the section apply only to licenses sold through the department’s point-of-sale system.

2. Fiscal Note.

Ms. Julie Horsley, program specialist, has determined that there will be fiscal implications to state government as a result of enforcing or administering the rules as proposed. For each of the first five years the rules are in effect, the department is estimated to realize between $4.4 and $5.9 million in additional revenues as follows:

Saltwater trotline and business license transfer fees: $4,508 in each year. Estimate was derived by multiplying the proposed new fee for each type of transaction by the anticipated number of transactions for each license/permit. The number of anticipated transactions was based on a two year average of transactions, adjusted down by 4% to reflect historic reductions in license purchases resulting from fee increases in the past. The result was adjusted down by 5% to reflect commissions retained by license deputies, and also adjusted down by 76 cents per transaction to reflect transaction charges by the vendor operating the Department’s point-of-sale system. This result was then compared to the two- year average of revenue to obtain the net gain figure of $4,508.

Lake Texoma: $3,517 in each year. Estimate was derived by determining the total current amount retained by license deputies for sale of Texoma licenses (at 75 cents per transaction and average total transactions of 23,446) and subtracting the new amounts (at 5% of each $12 transaction, and average total transactions of 23,446) expected to be retained. The difference is the net gain to the Department

Texas Freshwater Fisheries Center Annual Pass: $2,000 in each year. Estimate was derived based on past admission/visitation reports since the visitor center opened in 1996.

Texas Freshwater Fisheries Center Meeting/Convention Room Rental : $ 0 to $2,000. Estimate was derived based on polling other similar facilities in the local area during peak times of the year.

Sea Center Texas: $0 to $ 385,000 in each year. Estimate was derived based on past visitation and studies regarding the number of return visitors to the facility.

Parrie Haynes Youth Ranch: $52,080 to $115,896 in each year. Estimate was derived based in past usage patterns, market demand, and frequency of inquiries regarding ranch usage.

Mason Mountain Wildlife Management Area: $6,000 to $7,200 in each year. Estimate was based on historic usage of the facilities.

Old Tunnel Wildlife Management Area: $16,650 to $33,525 in each year. Estimate was based on past visitation to the facility.

Deferred Hunter Education Option: $3,000 each year. This estimate was derived based on the following : 600 hunters per year will opt to take advantage of the deferral. In the absence of the deferral, these hunters would have otherwise had to take the hunter education course at $10 each, generating $6,000 in revenue, $3,000 of which would be retained by the department, with the remainder retained by volunteer instructors. With the deferral, the department would generate an additional $6,000 in revenue, for a net increase to the department of $3,000. Of the 600 opting to use the deferral, 400 would later take the hunter education course for the $5 reduced rate. The revenue generated from these hunters ($2,000) would be retained by the volunteer instructors. The costs associated with implementing the deferred hunter education option primarily involve the programming costs of modifying the department’s electronic point-of-sale system. The current programming cost is estimated to be $98 per hour; however, the department is unable to estimate the exact amount of programming time needed to implement the changes, but anticipates that the cost of implementation will be not be exceed by the revenue generated as a result of the fee.

License Restructuring: $4.5 million to $5.5 million in each year. The additional anticipated revenue is primarily due to the mandated freshwater fishing stamp, the proceeds of which are dedicated to the repair, maintenance, renovation, or replacement of freshwater fish hatcheries or the purchase of game fish that are stocked in the public waters of this state. The proposed licenses and packages were designed to be essentially revenue neutral with regard to the Game, Fish, and Water Safety Account (Fund 009). The estimate was derived by (1) calculating the estimated number of each affected license/stamp sold in FY 2004 (based on analysis of year to date trends), multiplying the results by the FY 2004 price of each item to derive the estimated FY 2004 revenue, and adjusting the figure to reflect the five percent retained by license deputies; (2) determining the projected FY 2005 sales for each license/package (based on historical trends and analysis of anticipated purchasing trends given the new licensing options; and an anticipated 3% decline in sales associated with the fee adjustments to incorporate the $5 freshwater fishing stamp), multiplying the results by the price of each item to calculate projected FY 2005 revenues under the proposed new licensing structure, and adjusting the result to reflect the five percent retained by license deputies; and (3) subtracting the estimated FY2004 revenues from the projected FY 2005 revenues.

For each of the first five years the rules are in effect, the department is estimated to lose revenue as follows (Note: these losses are factored into the total revenue figures of $4.4 and $5.9 million above):

Elimination of $3 per student/hour instruction fee for Marine Safety Enforcement Training: $1,793 in each year. This estimate was derived by multiplying the current fee of $3 by the average number of students and average number of hours per TPWD class.

License restructuring: Elimination of muzzleloader and freshwater trout stamps; change to replacement fee for fishing packages: $127,480 in each year. Of this, $5,344 is associated with repeal of the muzzleloader stamp, and $99,803 is associated with the repeal of the freshwater trout stamp. Revenue loss associated with the change to the replacement fee for fishing packages is estimated at $22,333. These estimates were derived based on FY 2003 sales of the muzzleloader stamp, freshwater trout stamp; and replacement saltwater fishing stamps, respectively, adjusted to reflect the five percent retained by license deputies.

3. Public Benefit/Cost Note.

Ms. Horsley 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: (1) the department’s ability to maintain current levels of service to customers and constituents and the continued ability of the department to adequately discharge it’s statutory obligations; (2) elimination of public confusion regarding agency rules (through changes made for clarification, consistency, and consolidation of fee and other related information in Chapter 53); (3) consistency in training of Marine Safety Officers; (4) improved customer convenience through addition of new licensing and annual pass entrance options; and (5) to offer an opportunity for persons 17 years of age or older who would otherwise be required to possess evidence of completion of a hunter education course to explore the hunting experience.

(B) There will be an economic cost to persons required to comply with the rules as proposed, namely the $1 fee increase for the saltwater trotline tag; the $15 increase for the business license transfer fees; the admission/ tour and annual pass fees for various TPWD facilities (Texas Freshwater Fisheries Center, Old Tunnel and Sea Center), which range from $0 to $90; fees for use and rental of various department facilities (Parrie Haynes, Mason Mountain, and Texas Freshwater Fisheries Center), which range from $0 to $5,000, depending on the type of facility rented; and the fees associated with the new hunting and fishing license packages, which incorporate the $5 freshwater fishing stamp. There is no economic cost associated with the deferred hunter education option, because it is not mandatory.

(C) For the amounts retained by license deputies for the Lake Texoma fishing license, the proposed change from 75 cents per transaction to 5% would result in a revenue loss to businesses engaged in selling licenses of 15 cents per license sold. Based on the number of licenses sold at each business location, this revenue loss could range from between 15 cents to a maximum of $450 per year. Some of the businesses affected will be small or microbusinesses, however, there is no difference in the cost of compliance between a large and small business as a result of the proposed amendments. Likewise, there is no disproportionate economic impact on small or microbusinesses.

For business license transfers, the proposed fee increase would impose a maximum per employee cost ranging from $15 for a business with one employee, to $0.15 for a business employing 100 people. For microbusinesses the maximum per employee cost would range from $15 for one person to $0.75 for 20 employees. For large business, the minimum per employee cost would be fractions of a dollar lower than the maximum cost of compliance for a small business.

(D) The department has determined that the rules will not affect local economies; accordingly, no local employment impact statement has been prepared.

(E) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rules.

(F) The department has determined that Government Code, Chapter 2007 (Governmental Action Affecting Private Property Rights), does not apply to the proposed rules.

4. Request for Public Comment.

Comments on the proposed rules may be submitted to Julie Horsley, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4913 or 1-800-792-1112, e-mail: julie.horsley@tpwd.state.tx.us.

5. Statutory Authority.

The repeals and new rules are proposed under the authority of Government Code, §2155.076, which requires a state agency to adopt rules for resolving vendor protests relating to purchasing issues and Parks and Wildlife Code:

Chapter 11: §11.027, which authorizes the commission to establish a fee to cover costs associated with the review of an application for a permit required by the code; to sell any item in the possession of the department in which the state has title, or acquire and resell items if a profit can be made, to charge a fee for the use of a credit card to pay a fee assessed by the department in an amount reasonable and necessary to reimburse the department for the costs involved in the use of the card, and a fee for entering, reserving, or using a facility or property owned or managed by the department; §11.0271, which authorizes the department to establish participation fees, not to exceed $25 per species for each participant on an application, in drawings for special hunting programs, packages, or events that exceed the costs of operating the drawing only if the fees charged are designated for use in the management and restoration efforts of the specific wildlife program implementing each special hunting program, package, or event; §11.0272, which authorizes the commission to approve participation fees, not to exceed $25 per species or event for each participant on an application, in drawings for special fishing or other special programs, packages, or events the costs of which exceed the costs of operating the drawing only if the receipts from fees charged are designated for use in the management and restoration efforts of the specific fishery or resource program implementing each special fishing or other special program, package, or event; §11.030, which authorizes the commission to adopt rules relating to the release, use, and sale of customer information; and §11.056, which authorizes the commission to establish the price of a wildlife art decal or stamp or editions of stamps and decals; §11.065, which authorizes the commission to adopt rules for the investment of the lifetime license endowment account;

Chapter 12: §12.702, which authorizes the commission to establish collection and issuance fees for license deputies to sell licenses, stamps, tags, permits, or other similar item issued under any chapter the code; §12.703, which requires the commission to specify standards for licenses issued by an electronic point-of-sale system, including the legibility of the licenses;

Chapter 31: §31.006,which authorizes the commission to allow a dealer who holds a dealer's or manufacturer's number to act as the agent of the department and to require an agent to execute a surety bond in an amount set by the department, and to adopt rules for the creation of a program for the continuing identification and classification of participants in the vessel and outboard motor industries doing business in this state, including fees; §31.032, which authorizes the department to prescribe the manner in which identification numbers and validation decals are placed on a vessel and authorizes the commission to adopt rules for the placement of validation decals for antique boats; §31.0412, which authorizes the commission to adopt rules regarding dealer’s, distributor’s, and manufacturer’s licenses, including transfer procedures, application forms, application and renewal procedures, and reporting and recordkeeping requirements; and §31.0465, which authorizes the commission to define by rule what constitutes an acceptable situation in which certificates of title may be issued after the filing of a bond, and §31.039 which authorizes the commission to charge a fee for access to ownership and other records; §31.121, which requires the commission to establish and collect a fee to recover the administrative costs associated with the certification of marine safety enforcement officers;

Chapter 42: §42.012, which authorizes the commission to establish a fee for a resident hunting license; §42.0121, which authorizes the commission to establish a fee for a lifetime resident hunting license; §42.014, which authorizes the commission to establish a fee for a nonresident special hunting license; §42.0141, which authorizes the commission to establish a fee for a general nonresident hunting license; §42.0142, which authorizes the commission to establish a fee for banded bird hunting licenses; §42.0143, which authorizes the commission to establish a fee for a nonresident five-day special hunting license; §42.0144, which authorizes the commission to establish a fee for a nonresident spring turkey hunting license; and §42.017, which authorizes the commission to establish a fee for a duplicate license or tags;

Chapter 43: §43.012, which authorizes the commission to issue a white-winged dove stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; §43.022, which authorizes the commission to establish a fee for permits for scientific, educational, and zoological permits; §43.044, which authorizes the commission to establish a fee for hunting lease licenses; §43.061, which authorizes the commission to establish a fee for permits to trap, transport, or transplant game animals or game birds; §43.0611, which authorizes the commission to establish a fee for an urban white-tailed deer removal permit; §43.0721, which authorizes the commission to establish a fee for a private bird hunting area license; §43.0722, which authorizes the commission to establish a fee for a private bird hunting area license; §43.0764, which authorizes the commission to establish a fee for a field trial permit; §43.110, which authorizes the commission to establish a fee for a permit that authorizes the management of wildlife or exotic animals by the use of aircraft; §43.201, which authorizes the commission to issue an archery stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; §43.202, which authorizes the commission to establish a fee for an archery stamp; §43.252, which authorizes the commission to issue a turkey stamp in a form and manner prescribed by the department, and to provide for identification, possession, and exemption requirements; §43.303, which authorizes the commission to issue a waterfowl stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; §43.355, which authorizes the commission to establish a fee for a scientific breeder's permit; §43.403, which authorizes the commission to issue a saltwater sportfishing stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; §43.554, which authorizes the commission to establish a fee for a permit to allow a licensed fish farmer to take a specified quantity of fish brood stock from specified public water; §43.603, which authorizes the commission to establish a fee for the issuance or renewal of a deer management permit; §44.003, which authorizes the commission to establish a fee for a game breeder's license;

Chapter 45: §45.003, which authorizes the commission to establish a fee for commercial game bird breeder's licenses;

Chapter 46: §46.004, which authorizes the commission to establish fees for a resident fishing license, a nonresident fishing license, a lifetime resident fishing license, duplicate tags, and issuance and collection fees for licenses and tags; §46.005, which authorizes the commission to establish the period of validity and a fee for resident and nonresident temporary sportfishing licenses; §46.006, which authorizes the commission to establish a fee for duplicate fishing licenses and tags; §46.007, which authorizes the commission to establish a period of validity for fishing licenses and tags; §46.0085, which authorizes the commission to issue tags for finfish; §46.104, which authorizes the commission to establish a fee for the Lake Texoma fishing license; §46.105, which authorizes the commission to establish a fee for the Lake Texoma 10-day fishing license;

Chapter 47: §47.002, which authorizes the commission to establish a fee for a resident or nonresident general commercial fisherman's license; §47.003, which authorizes the commission to establish fee for a resident or nonresident commercial finfish fisherman's license; §47.004, which authorizes the commission to establish a fee for a fishing guide license; §47.007, which authorizes the commission to establish a fee for a commercial fishing boat license and number and rules governing the issuance, use, and display of commercial fishing boat numbers; §47.008, which authorizes the commission to establish fees for menhaden boat licenses ; §47.009, which authorizes the commission to establish a fee for a wholesale fish dealer's license; §47.010, which authorizes the commission to establish a fee for a wholesale truck dealer's fish license; §47.011, which authorizes the commission to establish a fee for a retail fish dealer's license; §47.013, which authorizes the commission to establish a fee for a retail dealer's truck license; §47.014, which authorizes the commission to establish a fee for bait dealer's licenses; §47.016, which authorizes the commission to establish a fee for a menhaden fish plant license; §47.017, which authorizes the commission to establish a fee for renewal of a menhaden fish plant license; §47.031, which authorizes the commission to establish the period of validity for any license issued under the authority of Chapter 47 and provides for the transfer of licenses and permits; §47.075, which authorizes the commission to establish a fee for a commercial finfish fisherman unless the person has obtained a commercial finfish fisherman's license; §47.079, which authorizes the commission to establish a fee for the transfer of a commercial finfish fisherman's license.

Chapter 49: §49.014, which authorizes the commission to establish a fee for any falconry, raptor propagation, or nonresident trapping permit;

Chapter 50: §50.001, which authorizes the commission to establish combination licenses and packages and the fees for each; §50.0021, which authorizes the commission to establish the period of validity for combination licenses and packages; §50.004, which authorizes the commission to establish a fee for duplicate combination licenses and packages;

Chapter 62: §62.014, which authorizes the commission to impose a fee not to exceed $15 to defray administrative costs of implementing hunter education courses;

Chapter 65: §65.003, §65.004, which authorizes the commission to establish a fee for permits that govern the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of alligators, alligator eggs, or any part of an alligator; §65.004, which authorizes the commission to establish a fee for a resident or nonresident alligator hunter's license, a nonresident alligator hunter's license.

Chapter 66: §66.007, which authorizes the commission to establish rules governing permits to import, possess, sell, or place into water of this state exotic harmful or potentially harmful fish, shellfish, or aquatic plants;

§66.017, which authorizes the commission to establish the period of validity for licenses, permits, and tags issued under the authority of Chapter 66, and the fee for transfers of licenses, permits, and tags issued under authority of Chapter 66; §66.018, which authorizes the commission to establish a fee for a crab trap tag; §66.020, which authorizes the commission to establish a fee for permits authorizing the sale and purchase of protected fish; §66.206, which authorizes the commission to establish a fee for tags for trotlines used in public salt water;

Chapter 67: §67.0041, which authorizes the commission to establish a fee for permits for the taking, possession, propagation, transportation, sale, importation, or exportation of a nongame species of fish or wildlife;

Chapter 71: §71.002, which authorizes the commission to establish a fee for a resident or nonresident trapper's license, a resident or nonresident wholesale fur dealer's license, and a fur-bearing animal propagation permit.

Chapter 76: §76.006, which authorizes the commission to establish a fee for a certificate authorizing the applicant to plant oysters and make a private oyster bed in the public water of the state; §76.017, which authorizes the commission to establish a fee for a certificate of location for a private oyster bed; §76.018, which authorizes the commission to establish the period of validity for licenses issued under authority of Chapter 76, and fees for the transfer of licenses; §76.104, which authorizes the commission to establish a fee for a commercial oyster boat license, a sport oyster boat license, a commercial oyster fisherman's license, a commercial oyster boat captain's license, a commercial oyster boat license for a boat that is not numbered under Chapter 31 or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner, a sport oyster boat license for a boat that is not numbered under Chapter 31 or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner, a fee for a nonresident commercial oyster fisherman's license, and a nonresident commercial oyster boat captain's license; §76.1041, which authorizes the commission to establish requirements for the design and display of a commercial oyster boat license;

Chapter 77: §77.031, which authorizes the commission to establish a fee for a commercial bay shrimp boat license and a commercial bay shrimp boat license for a boat that is not numbered under Chapter 31 of this code or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner; §77.033, which authorizes the commission to establish a fee for a commercial bait-shrimp boat license and a commercial bait-shrimp boat license for a boat that is not numbered under Chapter 31 of this code or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner; §77.035, which authorizes the commission to establish a fee for a commercial gulf shrimp boat license and a commercial gulf shrimp boat license for a boat that is not numbered under Chapter 31 of this code or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner; §77.0351, which authorizes the commission to establish a fee for a residents or nonresident commercial shrimp boat captain's license issued by the department; §77.0361, which authorizes the commission to establish a fee for transfers of licenses issued under Chapter 77, duplicate license plates, and duplicate or replacement licenses; §77.037, which authorizes the commission to establish a fee for a transfer of a commercial gulf shrimp boat license; §77.043, which authorizes the commission to establish a fee for a bait-shrimp dealer's license; §77.048, which authorizes the commission to establish a fee for an individual bait-shrimp trawl; §77.115, which authorizes the commission to establish a fee for a transfer of a commercial bay or bait shrimp boat license;

Chapter 78: §78.002, which authorizes the commission to establish a fee for a resident or nonresident commercial mussel and clam fisherman's license; §78.003, which authorizes the commission to establish a fee for a resident or nonresident shell buyer's license; §78.004, which authorizes the commission to establish a fee for the export of mussels or clams or mussel or clam shells; §78.105, which authorizes the commission to establish a fee for a crab boat license; §78.109, which authorizes the commission to establish a fee for a transfer of a license issued under Chapter 78;

Chapter 81: §81.403, which authorizes the commission to establish a fee for a permit for the hunting of wildlife or for any other use in wildlife management areas;

Chapter 86: §86.007, which authorizes the commission to establish a fee for processing notifications of proposed activities governed by Chapter 86 and for payment for substrate materials;

Chapter 88: §88.006, which authorizes the commission to establish a fee for a permit to collect endangered, threatened, or protected native plants for commercial purposes

The proposed repeals affect Parks and Wildlife Code, Chapters 11, 12, 31, 42, 43, 45, 46, 47, 49, 50, 65, 66, 67, 71, 76, 77, 78, 81, 86, and 88.

§53.1. License Issuance Procedures, Fees, Possession and Exemption Rules.
§53.2. Combination Hunting and Fishing Licenses and Packages.
§53.3. Other Recreational Hunting and Fishing Licenses, Stamps, and Tags.
§53.4. Commercial Hunting/Trapping Licenses and Permits.
§53.5. Public Hunting and Fishing Permits and Fees.
§53.6. Commercial Fishing Licenses and Tags.
§53.7. Business Licenses and Permits.
§53.8. Miscellaneous Wildlife Licenses and Permits.
§53.9. Investment of Lifetime License Endowment Fund.
§53.10. Vessel and Motor Fees Set by Commission.

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

The repeals are proposed under Parks and Wildlife Code, §11.056, which authorizes the commission to establish the price of a wildlife art decal or stamp or editions of stamps and decals; §11.065, which authorizes the commission to adopt rules for the investment of the lifetime license endowment account; §43.012, which authorizes the department to issue a white-winged dove stamp in a form and manner prescribed by the department, and providing for identification, possession, and exemption requirements; §43.201, which authorizes the department to issue an archery stamp in a form and manner prescribed by the department, and providing for identification, possession, and exemption requirements; §43.252, which authorizes the department to issue a turkey stamp in a form and manner prescribed by the department, and providing for identification, possession, and exemption requirements; §43.303, which authorizes the department to issue a waterfowl stamp in a form and manner prescribed by the department, and providing for identification, possession, and exemption requirements; and §43.403, which authorizes the department to issue a saltwater sportfishing stamp in a form and manner prescribed by the department, and providing for identification, possession, and exemption requirements.

The repeals affect Parks and Wildlife Code, Chapters 11 and 43.

§53.11. Stamp Form.
§53.12. Stamp Design.
§53.13. Stamp Manner of Issuance.
§53.14. Stamp Purchase Identification and Possession Requirements.
§53.15. Stamp Exemptions.
§53.16. Obsolete Stamps and Decals.

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

The repeals are proposed under Parks and Wildlife Code, §31.006,which authorizes the commission to allow a dealer who holds a dealer's or manufacturer's number to act as the agent of the department and to require an agent to execute a surety bond in an amount set by the department, and to adopt rules for the creation of a program for the continuing identification and classification of participants in the vessel and outboard motor industries doing business in this state, including fees.

The repeals affect Parks and Wildlife Code, Chapter 31.

§53.17. Authorized Vessel Registration Agent for the Department.
§53.18. Surety Bond Requirements.

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

The repeals are proposed under Parks and Wildlife Code, §12.701, which authorizes the commission to designate persons to act as license deputies, and §12.702, which authorizes the commission to establish collection and issuance fees for license deputies to sell licenses, stamps, tags, permits, or other similar item issued under any chapter of the code.

The repeals affect Parks and Wildlife Code, Chapter 12.

§53.22. License Deputy Appointment and Cancellation Procedures.
§53.25. License Deputy Issuance and Collection Fees.

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

The repeal is proposed under Parks and Wildlife Code, §11.030, which authorizes the commission to adopt rules relating to the release, use, and sale of customer information.

The repeal affects Parks and Wildlife Code, Chapter 11.

§53.35. Release and Sale of Customer Information.

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

The repeal is proposed under Parks and Wildlife Code, §47.007, which authorizes the commission to establish a fee for a commercial fishing boat license and number and rules governing the issuance, use, and display of commercial fishing boat numbers.

The repeal affects Parks and Wildlife Code, Chapter 47.

§53.41. Composition and Issuance.

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

The repeal is proposed under Parks and Wildlife Code, §11.027, which authorizes the commission to establish a fee for entering, reserving, or using a facility or property owned or managed by the department.

The repeal affects Parks and Wildlife Code, Chapter 11.

§53.50. Texas Freshwater Fisheries Center Admission; Fees and Other Entrance Requirements.

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

The repeal is proposed under Parks and Wildlife Code, §31.121, which requires the commission to establish and collect a fee to recover the administrative costs associated with the certification of marine safety enforcement officers.

The repeal affects Parks and Wildlife, Chapter 31.

§53.60. Law Enforcement Training and Certification Fees.

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

The repeal is proposed under Government Code, §2155.076, which requires the department as a state agency to adopt rules for resolving vendor protests relating to purchasing issues

The repeal affects Government Code, §2155.076.

§53.70. Vendor Protest Procedure.

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

The repeal is proposed under Parks and Wildlife Code, §43.012, which authorizes the commission to exempt persons from requirements relating to a white-winged dove stamp; §43.202, which authorizes the commission to exempt persons from requirements relating to an archery stamp; §43.252, which authorizes the commission to exempt persons from requirements relating to a turkey stamp; §43.403, which authorizes the commission to exempt persons from requirements relating to a saltwater sportfishing stamp; and the provisions of H.B. 1989, which created the freshwater fishing stamp and authorizes the commission exempt persons from requirements relating to possession of the stamp, and eliminated the muzzleloader stamp and the freshwater trout stamp.

The repeal affects Parks and Wildlife Code, Chapter 43.

§53.90. Exemptions from Stamp Fees.

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

 

The repeal is proposed under Parks and Wildlife Code, §12.703, which requires the commission to specify standards for licenses issued by an electronic point-of-sale system, including the legibility of the licenses.

The repeal affects Parks and Wildlife Code, Chapter 12.

§53.100. License Format and Legibility.

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

The repeals are proposed under Parks and Wildlife Code, §31.032, which authorizes the department to prescribe the manner in which identification numbers and validation decals are placed on a vessel and authorizes the commission to adopt rules for the placement of validation decals for antique boats; §31.0412, which authorizes the commission to adopt rules regarding dealer’s, distributor’s, and manufacturer’s licenses, including transfer procedures, application forms, application and renewal procedures, and reporting and recordkeeping requirements; and §31.0465, which authorizes the commission to define by rule what constitutes an acceptable situation in which certificates of title may be issued after the filing of a bond, and §31.039 which authorizes the commission to charge a fee for access to ownership and other records.

The repeals affect Parks and Wildlife Code, Chapter 31.

§53.200. Definitions.
§53.201. Application, Renewal, Transfer, and Replacement.
§53.202. Notification--Change of Dealer, Manufacturer, Distributor Status.
§53.203. Display of License.
§53.204. Reporting and Recordkeeping Requirements.
§53.205. Display of Registration Validation Sticker.
§53.206. Bonded Title--Acceptable Situations.

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

The new rules are proposed under parks and Wildlife Code, Chapter 11: §11.027, which authorizes the commission to establish a fee to cover costs associated with the review of an application for a permit required by the code; to sell any item in the possession of the department in which the state has title, or acquire and resell items if a profit can be made, to charge a fee for the use of a credit card to pay a fee assessed by the department in an amount reasonable and necessary to reimburse the department for the costs involved in the use of the card, and a fee for entering, reserving, or using a facility or property owned or managed by the department; §11.0271, which authorizes the department to establish participation fees, not to exceed $25 per species for each participant on an application, in drawings for special hunting programs, packages, or events that exceed the costs of operating the drawing only if the fees charged are designated for use in the management and restoration efforts of the specific wildlife program implementing each special hunting program, package, or event; §11.0272, which authorizes the commission to approve participation fees, not to exceed $25 per species or event for each participant on an application, in drawings for special fishing or other special programs, packages, or events the costs of which exceed the costs of operating the drawing only if the receipts from fees charged are designated for use in the management and restoration efforts of the specific fishery or resource program implementing each special fishing or other special program, package, or event; §11.030, which authorizes the commission to adopt rules relating to the release, use, and sale of customer information; and §11.056, which authorizes the commission to establish the price of a wildlife art decal or stamp or editions of stamps and decals; §11.065, which authorizes the commission to adopt rules for the investment of the lifetime license endowment account;

Chapter 12: §12.702, which authorizes the commission to establish collection and issuance fees for license deputies to sell licenses, stamps, tags, permits, or other similar item issued under any chapter the code; §12.703, which requires the commission to specify standards for licenses issued by an electronic point-of-sale system, including the legibility of the licenses;

Chapter 31: §31.006,which authorizes the commission to allow a dealer who holds a dealer's or manufacturer's number to act as the agent of the department and to require an agent to execute a surety bond in an amount set by the department, and to adopt rules for the creation of a program for the continuing identification and classification of participants in the vessel and outboard motor industries doing business in this state, including fees; §31.032, which authorizes the department to prescribe the manner in which identification numbers and validation decals are placed on a vessel and authorizes the commission to adopt rules for the placement of validation decals for antique boats; §31.0412, which authorizes the commission to adopt rules regarding dealer’s, distributor’s, and manufacturer’s licenses, including transfer procedures, application forms, application and renewal procedures, and reporting and recordkeeping requirements; and §31.0465, which authorizes the commission to define by rule what constitutes an acceptable situation in which certificates of title may be issued after the filing of a bond, and §31.039 which authorizes the commission to charge a fee for access to ownership and other records; §31.121, which requires the commission to establish and collect a fee to recover the administrative costs associated with the certification of marine safety enforcement officers;

Chapter 42: §42.012, which authorizes the commission to establish a fee for a resident hunting license; §42.0121, which authorizes the commission to establish a fee for a lifetime resident hunting license; §42.014, which authorizes the commission to establish a fee for a nonresident special hunting license; §42.0141, which authorizes the commission to establish a fee for a general nonresident hunting license; §42.0142, which authorizes the commission to establish a fee for banded bird hunting licenses; §42.0143, which authorizes the commission to establish a fee for a nonresident five-day special hunting license; §42.0144, which authorizes the commission to establish a fee for a nonresident spring turkey hunting license; and §42.017, which authorizes the commission to establish a fee for a duplicate license or tags;

Chapter 43: §43.012, which authorizes the commission to issue a white-winged dove stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; §43.022, which authorizes the commission to establish a fee for permits for scientific, educational, and zoological permits; §43.044, which authorizes the commission to establish a fee for hunting lease licenses; §43.061, which authorizes the commission to establish a fee for permits to trap, transport, or transplant game animals or game birds; §43.0611, which authorizes the commission to establish a fee for an urban white-tailed deer removal permit; §43.0721, which authorizes the commission to establish a fee for a private bird hunting area license; §43.0722, which authorizes the commission to establish a fee for a private bird hunting area license; §43.0764, which authorizes the commission to establish a fee for a field trial permit; §43.110, which authorizes the commission to establish a fee for a permit that authorizes the management of wildlife or exotic animals by the use of aircraft; §43.201, which authorizes the commission to issue an archery stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; §43.202, which authorizes the commission to establish a fee for an archery stamp; §43.252, which authorizes the commission to issue a turkey stamp in a form and manner prescribed by the department, and to provide for identification, possession, and exemption requirements; §43.303, which authorizes the commission to issue a waterfowl stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; §43.355, which authorizes the commission to establish a fee for a scientific breeder's permit; §43.403, which authorizes the commission to issue a saltwater sportfishing stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; §43.554, which authorizes the commission to establish a fee for a permit to allow a licensed fish farmer to take a specified quantity of fish brood stock from specified public water; §43.603, which authorizes the commission to establish a fee for the issuance or renewal of a deer management permit; §44.003, which authorizes the commission to establish a fee for a game breeder's license;

Chapter 45: §45.003, which authorizes the commission to establish a fee for commercial game bird breeder's licenses;

Chapter 46: §46.004, which authorizes the commission to establish fees for a resident fishing license, a nonresident fishing license, a lifetime resident fishing license, duplicate tags, and issuance and collection fees for licenses and tags; §46.005, which authorizes the commission to establish the period of validity and a fee for resident and nonresident temporary sportfishing licenses; §46.006, which authorizes the commission to establish a fee for duplicate fishing licenses and tags; §46.007, which authorizes the commission to establish a period of validity for fishing licenses and tags; §46.0085, which authorizes the commission to issue tags for finfish; §46.104, which authorizes the commission to establish a fee for the Lake Texoma fishing license; §46.105, which authorizes the commission to establish a fee for the Lake Texoma 10-day fishing license;

Chapter 47: §47.002, which authorizes the commission to establish a fee for a resident or nonresident general commercial fisherman's license; §47.003, which authorizes the commission to establish fee for a resident or nonresident commercial finfish fisherman's license; §47.004, which authorizes the commission to establish a fee for a fishing guide license; §47.007, which authorizes the commission to establish a fee for a commercial fishing boat license and number and rules governing the issuance, use, and display of commercial fishing boat numbers; §47.008, which authorizes the commission to establish fees for menhaden boat licenses ; §47.009, which authorizes the commission to establish a fee for a wholesale fish dealer's license; §47.010, which authorizes the commission to establish a fee for a wholesale truck dealer's fish license; §47.011, which authorizes the commission to establish a fee for a retail fish dealer's license; §47.013, which authorizes the commission to establish a fee for a retail dealer's truck license; §47.014, which authorizes the commission to establish a fee for bait dealer's licenses; §47.016, which authorizes the commission to establish a fee for a menhaden fish plant license; §47.017, which authorizes the commission to establish a fee for renewal of a menhaden fish plant license; §47.031, which authorizes the commission to establish the period of validity for any license issued under the authority of Chapter 47 and provides for the transfer of licenses and permits; §47.075, which authorizes the commission to establish a fee for a commercial finfish fisherman unless the person has obtained a commercial finfish fisherman's license; §47.079, which authorizes the commission to establish a fee for the transfer of a commercial finfish fisherman's license.

Chapter 49: §49.014, which authorizes the commission to establish a fee for any falconry, raptor propagation, or nonresident trapping permit;

Chapter 50: §50.001, which authorizes the commission to establish combination licenses and packages and the fees for each; §50.0021, which authorizes the commission to establish the period of validity for combination licenses and packages; §50.004, which authorizes the commission to establish a fee for duplicate combination licenses and packages;

Chapter 62: §62.014, which authorizes the commission to impose a fee not to exceed $15 to defray administrative costs of implementing hunter education courses;

Chapter 65: §65.003, §65.004, which authorizes the commission to establish a fee for permits that govern the taking, possession, propagation, transportation, exportation, importation, sale, and offering for sale of alligators, alligator eggs, or any part of an alligator; §65.004, which authorizes the commission to establish a fee for a resident or nonresident alligator hunter's license, a nonresident alligator hunter's license.

Chapter 66: §66.007, which authorizes the commission to establish rules governing permits to import, possess, sell, or place into water of this state exotic harmful or potentially harmful fish, shellfish, or aquatic plants;

§66.017, which authorizes the commission to establish the period of validity for licenses, permits, and tags issued under the authority of Chapter 66, and the fee for transfers of licenses, permits, and tags issued under authority of Chapter 66; §66.018, which authorizes the commission to establish a fee for a crab trap tag; §66.020, which authorizes the commission to establish a fee for permits authorizing the sale and purchase of protected fish; §66.206, which authorizes the commission to establish a fee for tags for trotlines used in public salt water;

Chapter 67: §67.0041, which authorizes the commission to establish a fee for permits for the taking, possession, propagation, transportation, sale, importation, or exportation of a nongame species of fish or wildlife;

Chapter 71: §71.002, which authorizes the commission to establish a fee for a resident or nonresident trapper's license, a resident or nonresident wholesale fur dealer's license, and a fur-bearing animal propagation permit.

Chapter 76: §76.006, which authorizes the commission to establish a fee for a certificate authorizing the applicant to plant oysters and make a private oyster bed in the public water of the state; §76.017, which authorizes the commission to establish a fee for a certificate of location for a private oyster bed; §76.018, which authorizes the commission to establish the period of validity for licenses issued under authority of Chapter 76, and fees for the transfer of licenses; §76.104, which authorizes the commission to establish a fee for a commercial oyster boat license, a sport oyster boat license, a commercial oyster fisherman's license, a commercial oyster boat captain's license, a commercial oyster boat license for a boat that is not numbered under Chapter 31 or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner, a sport oyster boat license for a boat that is not numbered under Chapter 31 or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner, a fee for a nonresident commercial oyster fisherman's license, and a nonresident commercial oyster boat captain's license; §76.1041, which authorizes the commission to establish requirements for the design and display of a commercial oyster boat license;

Chapter 77: §77.031, which authorizes the commission to establish a fee for a commercial bay shrimp boat license and a commercial bay shrimp boat license for a boat that is not numbered under Chapter 31 of this code or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner; §77.033, which authorizes the commission to establish a fee for a commercial bait-shrimp boat license and a commercial bait-shrimp boat license for a boat that is not numbered under Chapter 31 of this code or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner; §77.035, which authorizes the commission to establish a fee for a commercial gulf shrimp boat license and a commercial gulf shrimp boat license for a boat that is not numbered under Chapter 31 of this code or does not have a certificate of documentation issued by the United States Coast Guard that lists an address in Texas for the boat owner; §77.0351, which authorizes the commission to establish a fee for a residents or nonresident commercial shrimp boat captain's license issued by the department; §77.0361, which authorizes the commission to establish a fee for transfers of licenses issued under Chapter 77, duplicate license plates, and duplicate or replacement licenses; §77.037, which authorizes the commission to establish a fee for a transfer of a commercial gulf shrimp boat license; §77.043, which authorizes the commission to establish a fee for a bait-shrimp dealer's license; §77.048, which authorizes the commission to establish a fee for an individual bait-shrimp trawl; §77.115, which authorizes the commission to establish a fee for a transfer of a commercial bay or bait shrimp boat license;

Chapter 78: §78.002, which authorizes the commission to establish a fee for a resident or nonresident commercial mussel and clam fisherman's license; §78.003, which authorizes the commission to establish a fee for a resident or nonresident shell buyer's license; §78.004, which authorizes the commission to establish a fee for the export of mussels or clams or mussel or clam shells; §78.105, which authorizes the commission to establish a fee for a crab boat license; §78.109, which authorizes the commission to establish a fee for a transfer of a license issued under Chapter 78;

Chapter 81: §81.403, which authorizes the commission to establish a fee for a permit for the hunting of wildlife or for any other use in wildlife management areas;

Chapter 86: §86.007, which authorizes the commission to establish a fee for processing notifications of proposed activities governed by Chapter 86 and for payment for substrate materials;

Chapter 88: §88.006, which authorizes the commission to establish a fee for a permit to collect endangered, threatened, or protected native plants for commercial purposes

The proposed new rules affect Parks and Wildlife Code, Chapters 11, 12, 31, 42, 43, 45, 46, 47, 49, 50, 65, 66, 67, 71, 76, 77, 78, 81, 86, and 88.

§53.1. Applicability. Except for the fees established in Chapter 59 of this title (relating to Parks) and Chapter 69, Subchapter H, of this title (relating to Issuance of Marl, Sand, and Gravel Permits), the fees established by this chapter prevail over all other chapters in this title.

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

(a) Hunting license possession. A person may hunt species other than deer or turkey in this state without having a valid hunting license in immediate possession if that person has acquired a license electronically (including by telephone) and has a valid authorization number in his possession. Authorization numbers shall only be valid for 20 days from date of purchase.

(b) Fishing license possession.

(1) A person may fish in this state without having a valid fishing license in immediate possession if that person:

(A) is exempt from holding a fishing license; or

(B) has acquired a license electronically (including by telephone) and has a valid authorization number in possession. Authorization numbers shall only be valid for 20 days from date of purchase.

(2) No person may catch and retain a red drum over 28 inches in length in the coastal waters of this state without having a valid fishing license, saltwater sportfishing stamp, and red drum tag in immediate possession.

(c) Issuance of licenses and stamps electronically (including by telephone).

(1) A person may acquire recreational hunting and/or fishing licenses electronically (including by telephone) from the department or its designated representatives by agreeing to pay a convenience fee of up to $5 per license in addition to the normal license fee.

(2) A person may acquire recreational hunting and/or fishing stamps electronically (including by telephone) from the department or its designated representatives by agreeing to pay a convenience fee of up to $5 per stamp order in addition to the normal stamp fee(s). This fee shall not be charged if a license is acquired during the same transaction.

(d) The following categories of persons are exempt from fishing license requirements and fees:

(1) residents under 17 years of age;

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

(3) non-residents 65 years of age or older who are residents of Louisiana and who possess a Louisiana recreational fishing license;

(4) non-residents 64 years of age or older who are residents of Oklahoma;

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

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

(e) An administrative fee of $3 shall be charged for replacement of lost or destroyed licenses, stamps, or permits. This fee shall not be charged for items which have a fee for duplicates otherwise prescribed by rule or statute.

§53.3. Combination Hunting and Fishing License Packages. Combination hunting and fishing license packages may be priced at an amount less than the sum of the license and stamp prices of the individual licenses and stamps included in the package.

(1) Resident combination hunting and freshwater fishing package -- $47. Package consists of a resident hunting license, a resident fishing license and a freshwater fish stamp;

(2) Resident combination hunting and saltwater fishing package -- $52. Package consists of a resident hunting license, a resident fishing license, a saltwater sportfishing stamp, and a red drum tag;

(3) Resident combination hunting and “all water” fishing package -- $57. Package consists of a resident hunting license, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, and a red drum tag;

(4) Resident senior combination hunting and freshwater fishing package -- $15. Package consists of a resident hunting license, a resident fishing license and a freshwater fish stamp;

(5) Resident senior combination hunting and saltwater fishing package -- $20. Package consists of a resident hunting license, a resident fishing license, a saltwater sportfishing stamp, and a red drum tag;

(6) Resident senior combination hunting and “all water” fishing package -- $25. Package consists of a resident hunting license, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, and a red drum tag;

(7) Resident super combination hunting and “all water” fishing package -- $64. Package consists of a resident hunting license, a turkey stamp, a white-wing dove stamp, a state waterfowl stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum tag;

(8) Resident senior super combination hunting and “all water” fishing package -- $30. Package consists of a resident hunting license, a turkey stamp, a white-wing dove stamp, a state waterfowl stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum tag;

(9) Resident disabled veteran super combination hunting and “all water” fishing package -- $0. Package consists of a resident hunting license, a turkey stamp, a white-wing dove stamp, a state waterfowl stamp, an archery stamp, a resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum tag; and

(10) Replacement combination or replacement super combination packages -- $10 except for a replacement disabled veteran super combination hunting and “all water” fishing package which shall be replaced at no charge.

§53.4. Lifetime Licenses.

(a) Fees.

(1) lifetime resident combination hunting and fishing-- $1,000;

(2) lifetime resident hunting--$600;

(3) lifetime resident fishing --$600;

(4) upgrade of lifetime resident hunting/fishing license to lifetime resident combination hunting and fishing -- $400; and

(5) replacement lifetime licenses -- $10

(b) Special provision. A nonresident designated by proclamation of the governor to be an Honorary Citizen for the purpose of buying a lifetime license is a resident for the purpose of purchasing a lifetime license.

§53.5. Recreational Hunting Licenses, Stamps, and Tags.

(a) Hunting licenses:

(1) resident hunting--$23;

(2) special resident hunting--$6. Valid for residents under 17 years of age, residents who are 65 years of age or older, and nonresident hunters who are under 17 years of age on the date of license purchase;

(3) replacement hunting--$10;

(4) general nonresident hunting--$300;

(5) nonresident special hunting--$125;

(6) nonresident five-day special hunting--$45;

(7) nonresident spring turkey hunting--$120; and

(8) nonresident banded bird hunting--$25.

(b) Hunting stamps and tags:

(1) turkey--$5;

(2) white-winged dove--$7;

(3) archery hunting--$7;

(4) state waterfowl--$7; and

(5) bonus deer tag---$10.

§53.6. Recreational Fishing Licenses, Stamps, and Tags.

(a) The items listed in this subsection are sold only as part of a package. The price and terms of these items are as follows:

(1) resident fishing license--$23

(2) special resident fishing license--$6

(3) “year-from-purchase” resident fishing license--$30. The “Year-from-purchase” resident fishing license is valid from the date of purchase through the end of the purchase month of the subsequent year.

(4) July and August resident fishing license-- $20. The July and August resident fishing license is valid from the first day of July through the last day of August for the license year of purchase.

(5) day resident fishing license--$6 to $8. The day resident license is valid within a license year for the specified days of the resident “day plus” package within which it is sold.

(6) non-resident fishing license--$50

(7) day non-resident fishing license--$12 to $15. The day non-resident license is valid within a license year for the specified days of the non-resident “day plus” package within which it is sold.

(b) The items listed in this subsection may be sold individually or as part of a package. Stamps sold individually shall be valid from the date of purchase or the start date of the license year, whichever is later, through the last day of the license year. Stamps sold as part of a fishing package shall be valid for the same time period as the license included in the package as specified in this rule. The price of these stamps are as follows:

(1) freshwater fishing stamp--$5; and

(2) saltwater sportfishing stamp --$7 plus a saltwater sport fishing stamp surcharge of $3 (surcharge to be effective until September 1, 2005). A red drum tag shall be issued at no additional charge with each saltwater sportfishing stamp.

(c) Fishing packages and licenses. The price of any fishing package shall be the sum of the price of the individual items included in the package.

(1) resident freshwater fishing package – $28. Package consists of a resident fishing license and a freshwater fish stamp;

(2) resident saltwater fishing package – $33. Package consists of a resident fishing license and a saltwater sportfishing stamp with a red drum tag;

(3) resident “all water” fishing package – $38. Package consists of a resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag;

(4) special resident freshwater fishing package--$11. Package consists of a special resident fishing license and a freshwater fishing stamp;

(5) special resident saltwater fishing package--$16. Package consists of a special resident fishing license and a saltwater sportfishing stamp with a red drum tag;

(6) special resident “all water” fishing package – $21. Package consists of a special resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag;

(7) “year-from-purchase” resident “all water” fishing package--$45. Package consists of a “year-from-purchase” resident fishing license, a freshwater stamp, and a saltwater sportfishing stamp with a red drum tag;

(8) July and August resident freshwater fishing package--$25. Package consists of a July and August resident fishing license and a freshwater fishing stamp.

(9) July and August resident saltwater fishing package --$30. Package consists of a July and August resident fishing license and a saltwater sportfishing stamp with a red drum tag.

(10) July and August resident “all water” fishing package--$35. Package consists of a July and August resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag.

(11) resident freshwater fishing “day plus” package--$11 to $13 for the first day plus $2-$4 for each additional consecutive day. Package consists of a day resident fishing license and a freshwater fishing stamp, valid for the number of days purchased. Any purchaser who has previously purchased this package within the license year may repurchase this package at $6 to $8 for the first day plus $2 to $4 for each additional consecutive day. The privileges of the stamp shall be extended to the holder for the term of the subsequent purchase of this package.

(12) resident saltwater fishing “day plus” package--$16 to $18 for the first day plus $2-$4 for each additional consecutive day. Package consists of a day resident fishing license and a saltwater sportfishing stamp with a red drum tag, valid for the number of days purchased. Any purchaser who has previously purchased this package within the license year may repurchase this package at $6 to $8 for the first day plus $2-$4 for each additional consecutive day. The privileges of the stamp shall be extended to the holder for the term of the subsequent purchase of this package.

(13) resident all water fishing “day plus” package--$21 to $23 for the first day plus $2 to $4 for each additional consecutive day. Package consists of a day resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag, valid for the number of days purchased. Any purchaser who has previously purchased this package within the license year may repurchase this package at $6 to $8 for the first day plus $2 to $4 for each additional consecutive day. The privileges of the stamps shall be extended to the holder for the term of the subsequent purchase of this package.

(14) non-resident freshwater fishing package – $55. Package consists of a non-resident fishing license and a freshwater fish stamp.

(15) non-resident saltwater fishing package – $60. Package consists of a non-resident fishing license and a saltwater sportfishing stamp with a red drum tag.

(16) non-resident “all water” fishing package – $65. Package consists of a non-resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag.

(17) non-resident freshwater fishing “day plus” package--$17 to $20 for the first day plus $5-$8 for each additional consecutive day. Package consists of a day non-resident fishing license and a freshwater fishing stamp, valid for the number of days purchased. Any purchaser who has previously purchased this package within the license year may repurchase this package at $12 to $15 for the first day plus $5 to $8 for each additional consecutive day. The privileges of the stamp shall be extended to the holder for the term of the subsequent purchase of this package.

(18) non-resident saltwater fishing “day plus” package--$22 to $25 for the first day plus $5 to $8 for each additional consecutive day. Package consists of a day non-resident fishing license and a saltwater sportfishing stamp with a red drum tag, valid for the number of days purchased. Any purchaser who has previously purchased this package within the license year may repurchase this package at $12 to $15 for the first day plus $5 to $8 for each additional consecutive day. The privileges of the stamp shall be extended to the holder for the term of the subsequent purchase of this package.

(19) non-resident all water fishing “day plus” package--$27 to $30 for the first day plus $5 to $8 for each additional consecutive day. Package consists of a day non-resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag, valid for the number of days purchased. Any purchaser who has previously purchased this package within the license year may repurchase this package at $12 to $15 for the first day plus $5 to $8 for each additional consecutive day. The privileges of the stamp shall be extended to the holder for the term of the subsequent purchase of this package.

(20) Lake Texoma fishing license--$12. Holders of a valid Lake Texoma License are exempt from freshwater fishing stamp requirements solely for the purpose of fishing on Lake Texoma; and

(21) Replacement fishing package or license--$10.

(d) Fishing tags:

(1) exempt angler red drum tag--$3. Provides a red drum tag for persons that are exempt from the purchase of a resident or non-resident fishing license of any type or duration;

(2) bonus red drum tag--$0. Available only to anglers presenting a fully executed original or duplicate red drum tag, a valid fishing package or license and the required information;

(3) tarpon tag--$120;

(4) replacement tarpon tag--$30;

(5) individual bait-shrimp trawl tag--$35; and

(6) saltwater trotline tag--$4.

§53.7. Furbearing Animal Licenses and Permits.

(a) resident trapper's--$18;

(b) nonresident trapper's--$300;

(c) resident wholesale fur dealer's--$180;

(d) furbearing animal propagation permit--$90;

(e) nonresident wholesale fur dealer's--$600.

§53.8. Alligator Licenses, Permits, Stamps, and Tags.

(a) resident alligator hunter's--$42;

(b) nonresident alligator hunter's--$360;

(c) resident retail alligator dealer's permit--$120;

(d) nonresident retail alligator dealer's permit--$480;

(e) resident wholesale alligator dealer's permit--$240;

(f) nonresident wholesale alligator dealer's permit--$960;

(g) alligator import permit--$100;

(h) alligator farmer permit--$240;

(i) alligator nest stamp--$60;

(j) wild caught alligator hide tag--$20;

(k) farm raised alligator hide tag--$4;

(l) commercial wildlife management area alligator hide tag--$120;

(m) alligator export fee--$4 per alligator, except for alligators accompanied by a valid department issued hide tag; and

(n) alligator management tag--$5.

§53.9. Falconry Permits.

(a) apprentice falconer's--$60;

(b) general falconer's--$120;

(c) master falconer's--$180;

(d) falconer's renewal--$60;

(e) nonresident raptor trapper's--$360; and

(f) raptor propagator permit--$60.

§53.10. Public Hunting and Fishing Permits and Fees.

(a) Hunting and access permits:

(1) annual public hunting--$48;

(2) replacement annual public hunting--$10;

(3) limited public use--$12; and

(4) replacement limited public use--$10.

(b) Special and regular permits. The following permit fee amounts apply only to persons 17 years of age and older:

(1) special permits.

(A) standard period for deer, exotic mammal, pronghorn antelope, javelina, turkey, coyote, alligator--$75;

(B) extended period for deer, exotic mammal, alligator, and management deer hunts on private lands leased by the department--$125; and

(C) special package hunts (Big Time Texas Hunts, other guided hunts, and management deer hunts on private lands leased by the department)--no charge.

(2) regular (daily) permit. For squirrel, game birds (other than turkey), feral hogs, rabbits and hares--$15;

(c) Application fee. The following fee amounts apply only to persons 17 years of age or older. The non-refundable application fee for individuals applying for computer-selected participant hunting opportunities is:

(1) $3 per applicant for participation in drawings for supervised hunts;

(2) $10 per applicant for participation in drawings for guided hunts and management deer hunts on private lands leased by the department; and

(3) $10 per entry for participation in drawings for Big Time Texas Hunts.

(d) Competitive hunting dog field trial permit fees:

(1) 10 or less participants--$100 per day;

(2) 11-25 participants--$200 per day;

(3) 26-50 participants--$300 per day;

(4) 51-75 participants--$400 per day; and

(5) 76 or more participants--$500 per day.

§53.11. Commercial Hunting Licenses and Permits.

(a) hunting lease (less than 500 acres)--$75;

(b) hunting lease (more than 500 acres and less than 1,000 acres)--$140;

(c) hunting lease (1,000 acres or more)--$240;

(d) private bird hunting area--$80;

(e) field trial permit--$60;

(f) wildlife management association area hunting lease license (less than 10,000 acres)--$36 plus $5 per participating landowner;

(g) wildlife management association area hunting lease license (between 10,000 and 50,000 acres)--$72 plus $5 per participating landowner;

(h) wildlife management association area hunting lease license (over 50,000 acres)--$144 plus $5 per participating landowner.

§53.12. Commercial Fishing Licenses and Tags.

(a) Shrimping licenses:

(1) Licenses:

(A) resident commercial gulf shrimp boat--$450;

(B) resident commercial bay shrimp boat--$348;

(C) resident commercial bait-shrimp boat--$348;

(D) resident commercial shrimp boat captain's--$30;

(E) nonresident commercial gulf shrimp boat--$1,350;

(F) nonresident commercial bay shrimp boat--$750;

(G) nonresident commercial bait-shrimp boat--$750; and

(H) nonresident commercial shrimp boat captain's--$120.

(2) Shrimping license surcharge for shrimp marketing account:

(A) resident commercial gulf shrimp boat--$45;

(B) resident commercial bay shrimp boat--$34.80;

(C) nonresident commercial gulf shrimp boat--$135; and

(D) nonresident commercial bay shrimp boat--$75.

(3) License transfers:

(A) Transfers between living persons.

(i) resident commercial gulf shrimp boat license transfer--$25;

(ii) resident commercial bay shrimp boat license transfer--$348;

(iii) resident commercial bait-shrimp boat license transfer--$348;

(iv) nonresident commercial gulf shrimp boat license transfer--$25;

(v) nonresident commercial bay shrimp boat license transfer--$750; and

(vi) nonresident commercial bait-shrimp boat license transfer--$750.

(B) Transfers to heirs (as defined in Parks and Wildlife Code, §77.113).

(i) resident commercial bay shrimp boat--$10;

(ii) resident commercial bait shrimp boat--$10;

(iii) nonresident commercial bay shrimp boat--$10; and

(iv) nonresident commercial bait shrimp boat--$10;

(4) Replacement display licenses.

(A) resident commercial gulf shrimp boat--$25;

(B) resident commercial bay shrimp boat--$25;

(C) resident commercial bait-shrimp boat--$25;

(D) nonresident commercial gulf shrimp boat--$25;

(E) nonresident commercial bay shrimp boat--$25; and

(F) nonresident commercial bait-shrimp boat--$25.

(b) Oystering licenses.

(1) Licenses:

(A) resident commercial oyster boat--$420;

(B) resident sport oyster boat--$12;

(C) resident commercial oyster boat captain's--$30;

(D) resident commercial oyster fisherman's--$120;

(E) nonresident commercial oyster boat--$1,680;

(F) nonresident sport oyster boat--$48;

(G) nonresident commercial oyster boat captain's--$120; and

(H) nonresident commercial oyster fisherman's--$300.

(2) License transfers:

(A) resident commercial oyster boat transfer--$25; and

(B) nonresident commercial oyster boat transfer--$25.

(3) Replacement display licenses:

(A) resident commercial oyster boat--$25; and

(B) nonresident commercial oyster boat--$25.

(c) General, finfish, menhaden, mussel, clam, and miscellaneous licenses.

(1) Licenses and permits.

(A) resident commercial fishing boat--$18;

(B) class A menhaden boat--$4,200;

(C) class B menhaden boat--$50;

(D) resident general commercial fisherman's--$24;

(E) resident commercial mussel and clam fisherman's--$36;

(F) resident shell buyer's--$120;

(G) nonresident commercial fishing boat--$72;

(H) nonresident general commercial fisherman's--$180;

(I) nonresident commercial mussel and clam fisherman's--$960;

(J) nonresident shell buyer's--$1,800;

(K) menhaden fish plant permit--$180;

(L) mussel dredge fee--$36; and

(M) permit to sell non-game fish--$60.

(2) License transfers.

(A) resident commercial fishing boat license transfer--$10; and

(B) nonresident commercial fishing boat license transfer--$10.

(3) Replacement display licenses.

(A) resident commercial fishing boat--$10; and

(B) nonresident commercial fishing boat--$10.

(d) Crab licenses.

(1) Licenses and permits.

(A) resident commercial crab fisherman's--$600; and

(B) nonresident commercial crab fisherman's--$2,400.

(2) License transfers.

(A) Transfers between living persons.

(i) resident commercial crab fisherman's--$600; and

(ii) nonresident commercial crab fisherman's--$2,400.

(B) Transfers to heirs (as defined by Parks and Wildlife Code, §78.109).

(i) resident commercial crab fisherman's--$10; and

(ii) nonresident commercial crab fisherman's--$10.

(3) Duplicate display licenses.

(A) resident commercial crab fisherman's--$25; and

(B) nonresident commercial crab fisherman's--$25.

(e) Finfish licenses.

(1) Licenses and permits.

(A) resident commercial finfish fisherman's--$360; and

(B) nonresident commercial finfish fisherman's--$1,440.

(2) License transfers.

(A) Transfers between living persons.

(i) resident commercial finfish fisherman's--$360; and

(ii) nonresident commercial finfish fisherman's--$1,440.

(B) Transfers to heirs. A license may be transferred to an heir or devisee of the deceased holder of the commercial finfish license, but only if the heir or devisee is a person who in the absence of a will would be entitled to all or a portion of the deceased's property.

(i) resident commercial finfish fisherman's--$10; and

(ii) nonresident commercial finfish fisherman's--$10.

(3) Duplicate display licenses.

(A) resident commercial finfish fisherman's--$25; and

(B) nonresident commercial finfish fisherman's--$25.

§53.13. Business License and Permits (Fishing).

(a) Licenses.

(1) retail fish dealer's--$84;

(2) retail fish dealer's truck--$156;

(3) wholesale fish dealer's--$750;

(4) wholesale fish dealer's truck--$510;

(5) bait dealer's--individual--$36;

(6) bait dealer-place of business/building--$36;

(7) bait dealer-place of business/motor vehicle--$36;

(8) bait shrimp dealer's--$204;

(9) finfish import--$90; and

(10) resident fishing guide--

(A) for use in both saltwater and freshwater--$200; and

(B) for use in freshwater only--$125.

(11) non-resident fishing guide:

(A) for use in both saltwater and freshwater--$200. This fee is $1,000 for the license year beginning September 1, 2004 and thereafter.

(B) for use in freshwater only--$125.

(b) Business license surcharge for shrimp marketing assistance account.

(1) retail fish dealer’s--$8.40;

(2) retail fish dealer’s truck--$15.60;

(3) wholesale fish dealer’s--$75; and

(4) whole fish dealer’s truck--$51.

(c) License transfers.

(1) retail fish dealer's license transfer--$25;

(2) retail fish dealer's truck license transfer--$25;

(3) wholesale fish dealer's license transfer--$25;

(4) wholesale fish dealer's truck license transfer--$25;

(5) bait dealer's license transfer--$25;

(6) bait dealer's-place of business/building license transfer--$25;

(7) bait dealer's-place of business/motor vehicle license transfer--$25;

(8) bait shrimp dealer's license transfer--$25;

(9) finfish import license transfer--$25.

§53.14. Deer Management and Removal Permits.

(a) Deer breeding and related permits.

(1) scientific breeder's and scientific breeder’s renewal --$180;

(2) deer purchase application --$30; and

(3) deer transport application--$30.

(b) Trap, transport and transplant permit application fees:

(1) nonrefundable application processing fee--$180; and

(2) nonrefundable application processing fee for amendment to existing permit--$30.

(c) Urban white-tailed deer removal permit:

(1) nonrefundable application processing fee--$180; and

(2) nonrefundable application processing fee for amendment to existing permit--$30.

(d) Deer management permit:

(1) deer management permit--$1,000; and

(2) renewal of deer management permit--$600.

(e) Antlerless and spike buck deer control permit application processing fee--$360

§53.15. Miscellaneous Fisheries and Wildlife Licenses and Permits.

(a) Game bird and animal breeding licenses:

(1) game animal breeder's--$75;

(2) class 1 commercial game bird breeder's--$180; and

(3) class 2 commercial game bird breeder's--$25.

(b) Commercial nongame permits:

(1) resident nongame permit--$18;

(2) nonresident nongame permit--$60;

(3) resident nongame dealer permit--$60;

(4) nonresident nongame dealer permit--$240;

(5) nongame species sales permit--$200; and

(6) nongame species sales permit renewal--$200.

(c) Zoological collection permit application--$ 150;

(d) Scientific research permit application--$50;

(e) Educational display permit application--$50.

(f) Exotic Species (fish, shellfish and aquatic plants):

(1) exotic species permit fee for new, renewed or amended application requiring facility inspection--$250;

(2) exotic species permit fee for renewed or amended application not requiring facility inspection--$25;

(3) exotic species permit fee for renewal application received more than one year after renewal date-- $250.

(4) triploid grass carp permit application fee --$15, plus $2 per triploid grass carp requested;

(5) exotic species interstate transport permit application fee – individual --$25;

(6) exotic species interstate transport permit application fee – annual--$100

(g) Miscellaneous fees:

(1) commercial plant permit--$50;

(2) aerial management permit--$200;

(3) broodfish permit application--$25;

(4) oyster lease application -- $200;

(5) oyster lease rental -- $6 per acre of location per year;

(6) oyster lease renewal /transfer/sale -- $200;

§53.16. Vessel, Motor, and Marine Licensing Fees.

(a) Registration fees:

(1) livery vessel-Class A - $30;

(2) vessel-Class A - $30;

(3) vessel-Class 1 - $50;

(4) vessel-Class 2 - $70;

(5) vessel-Class 3 - $90;

(b) Titling fees:

(1) certificate of title - $25

(2) administrative surcharge for expedited title to a vessel (in addition to applicable fee) - $35;

(3) administrative surcharge for expedited title to a motor (in addition to applicable fee) - $35; and

(4) bonded certificate of title - $35.

(c) Duplicate/transfer fees:

(1) vessel-transfer of ownership - $10;

(2) vessel-duplicate certificate of number - $10;

(3) vessel-duplicate decals - $10.

(d) Marine dealer/distributor/manufacturer fees:

(1) marine dealer manufacturer number (effective until February 29, 2004)--$130;

(2) marine dealer, distributor or manufacturer license -- $500;

(3) marine dealer, distributor or manufacturer ownership transfer of license --$500;

(4) marine dealer, distributor or manufacturer location transfer--$10;

(5) marine dealer, distributor or manufacturer information update/license correction-$3.

(e) Report fees:

(1) current owner of record report for vessel or outboard motor--$2;

(2) certified history report of ownership for vessel or outboard motor- $10;

(3) accident/water fatality report up to five pages in length-$5; and

(4) accident/water fatality report over five pages in length- $10

This agency hereby

Issued in Austin, Texas, on

The new rule is proposed under Parks and Wildlife Code, §11.027, which authorizes the commission to establish a fee for entering, reserving, or using a facility or property owned or managed by the department.

The proposed new rule affects Parks and Wildlife Code, Chapter 11.

§53.30. Facility Admission and Use Fees. As determined by the executive director, the department may charge entrance and facility use fees within the ranges established or the amounts specified in this section.

(1) Texas Freshwater Fisheries Center.

(A) The department may charge entrance fees, not to exceed $6 for daily entrance, and $15 for an annual pass.

(B) The executive director, or his designee, may:

(i) establish additional entrance requirements for student groups and teachers as necessary, to enhance student utilization of the center; and

(ii) waive fee requirements when such a waiver is in the best interest of the public or the department.

(C) Rental and use fees for meeting/convention room rental--$0 to $500.

(2) Sea Center Texas.

(A) daily entrance--$0 to $5; and

(B) annual pass--$0 to $20.

(3) Old Tunnel Wildlife Management Area. Entrance fees:

(A) visitors under five years of age--free

(B) visitors 6-16 years of age--$2 to $5;

(C) visitors over 16 years of age--$5 to $10;

(D) visitors 65 years of age and over--$3 to $5;

(E) group tours--$75 to $90; and

(F) youth group tours--$40 to $50.

(4) Mason Mountain Wildlife Management Area.

(A) bunk (per night) - $20 to $24;

(B) room (per night) - $60 to $72; and

(C) Big House rental (per day)--$300 to $360/day.

(5) Parrie Haynes Youth ranch.

(A) lodging--$10 to $50 per night;

(B) meals--$21 to $48 per day;

(C) hill-top rental--$1,000 to $5,000 per day;

(D) Mountain King--$150 to $200 per night;

(E) Big House--$250 to $600 per night;

(F) equine area--$10 to $12 per day; and

(G) equine area club house--$125 to $150 per day.

This proposal has been

Issued in Austin, Texas, on

The new rule is proposed under the authority of Parks and Wildlife Code, §31.121, which requires the commission to establish and collect a fee to recover the administrative costs associated with the certification of marine safety enforcement officers, and §62.014, which authorizes the commission to impose a fee not to exceed $15 to defray administrative costs of implementing hunter education courses.

The proposed new rule affects Parks and Wildlife Code, Chapters 31 and 62.

§53.50. Training and Certification Fees.

(a) Marine safety enforcement training and certification fees.

(1) The fee for certification as a marine safety enforcement officer is $25.

(2) The fee for certification as a marine safety enforcement officer instructor is

$25.

(b) Hunter education fees.

(1) The registration fee for a hunter education course is $10, of which $5 may be directly retained by a volunteer instructor.

(2) The fee for a deferred hunter education option is $10; however, at the time a person who has used a deferred hunter education option chooses to enroll in a hunter education course, that person shall pay a $5 registration fee to be directly retained by the volunteer instructor.

The proposal has been

Issued in Austin, Texas, on

The new rules are proposed under the authority of Parks and Wildlife Code, §11.056, which authorizes the commission to establish the price of a wildlife art decal or stamp or editions of stamps and decals; §43.012, which authorizes the commission to issue a white-winged dove stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; §43.201, which authorizes the commission to issue an archery stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; §43.202, which authorizes the commission to establish a fee for an archery stamp; §43.252, which authorizes the commission to issue a turkey stamp in a form and manner prescribed by the department, and to provide for identification, possession, and exemption requirements; §43.303, which authorizes the commission to issue a waterfowl stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; §43.403, which authorizes the commission to issue a saltwater sportfishing stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee; and §43.804, which authorizes the commission to issue a freshwater fishing stamp in a form and manner prescribed by the department, to provide for identification, possession, and exemption requirements, and to establish a fee.

The proposed new rules affect Parks and Wildlife Code, Chapters 11 and 43.

§53.60. Stamps.

(a) Stamp form. Stamp sizes and formats shall be prescribed by the executive director.

(b) Stamp Design. An artist's original rendition will be the basic design. Stamps issued by an automated system may be an alternate design as prescribed by the executive director.

(c) Stamp Manner of Issuance. The stamp will be issued upon payment of the prescribed fee in a manner determined by the executive director.

(d) Stamp Purchase Identification and Possession Requirements.

(1) A person may hunt without a required state hunting stamp in immediate possession if the person has acquired a stamp electronically (including by telephone) and has a valid authorization number in possession. Authorization numbers shall only be valid for 20 days from purchase date.

(2) A person may fish without a required fishing stamp in immediate possession if the person has acquired a stamp electronically (including by telephone) and has a valid authorization number in possession. Authorization numbers shall only be valid for 20 days from purchase date.

(3) A state hunting or fishing stamp issued in an automated manner to a person using the stamp is valid for hunting or fishing purposes without the user's signature on its face.

(e) Stamp Exemptions.

(1) The commission grants the executive director authority to exempt persons participating in any event organized for the primary purpose of promoting participation in fishing or hunting activities from the requirement to purchase or possess the following stamps:

(A) white-winged dove stamp;

(B) archery hunting stamp;

(C) turkey stamp;

(D) state waterfowl stamp;

(E) saltwater sportfishing stamp; and

(F) freshwater fishing stamp.

(2) All nonresident spring turkey hunting license holders are exempt from requirements for acquisition and possession of the turkey stamp.

(3) Special resident hunting license holders who are under 17 years of age on the date of license purchase and all lifetime resident hunting license holders are exempt from requirements for acquisition and possession of the following stamps:

(A) white-winged dove stamp;

(B) turkey stamp;

(C) archery hunting stamp; and

(D) state waterfowl stamp;

(4) All lifetime resident combination hunting and fishing license holders are exempt from requirements for acquisition and possession of the following stamps:

(A) white-winged dove stamp;

(B) turkey stamp;

(C) archery hunting stamp;

(D) state waterfowl stamp;

(E) saltwater sportfishing stamp; and

(F) freshwater fishing stamp.

(5) All lifetime resident fishing license holders are exempt from requirements for acquisition and possession of the following stamps;

(A) saltwater sportfishing stamp;

(B) freshwater fishing stamp.

(6) All persons meeting the definition of a qualified disabled veteran under the provisions of Parks and Wildlife Code, §42.012(c), are exempt from the fees for the following stamps:

(A) state waterfowl;

(B) turkey;

(C) white-winged dove;

(D) archery;

(E) saltwater fishing; and

(F) freshwater fishing.

(f) Obsolete Stamps and Decals. An obsolete stamp is a stamp that is not valid.

(1) Obsolete stamps and decals shall be sold for informational purposes, either at an established fee for collector's edition stamp package, or at face value for individual stamps, plus a processing charge sufficient to recover shipment, postage, and sales tax.

(2) Stamps and decals shall remain on sale for a maximum of one fiscal year after expiration. During the second year, obsolete stamps and decals shall be sold only by book.

(3) Previous issues of Nongame and Endangered Species stamps may be made available for sale at $10 for individual stamps or decals, and $75 or less for a complete set of the 11 stamps issued from 1985 through 1995. The department may sell a limited number of collector's sets of the 11 stamps issued from 1985 through 1995, framed and mounted, for $300 or less per set. The department may add to this price a processing charge sufficient to recover shipment, postage, and sales tax. The Department may give away earlier issues of decals and use previously issued stamps in merchandise items that are offered for sale or as promotional items.

(g) Nongame and Endangered Species stamps issued during and after 1996 are one of seven stamps issued as collectors series set and are subject to the same rules as other obsolete stamps.

(1) The executive director may maintain a limited number of stamps and decals of each type and year.

(2) All other obsolete stamps and decals shall be destroyed.

(h) Collector's edition stamp package.

(1) A collector's edition stamp package shall consist of one each of the following stamps:

(A) turkey stamp;

(B) white-winged dove stamp;

(C) nongame stamp;

(D) archery stamp;

(E) state waterfowl stamp;

(F) saltwater sportfishing stamp; and

(G) freshwater fishing stamp.

(2) Stamps in the package are not valid for hunting or fishing.

(3) Fee for the package shall be $10 wholesale price and $20 retail price plus applicable sales tax.

(i) In addition to the freshwater fishing stamp, the department may make available a collectible freshwater habitat stamp for a fee of $5.

This agency hereby

Issued in

The new rule is proposed under the authority of Parks and Wildlife Code, §12.702, which authorizes the commission to establish collection and issuance fees for license deputies to sell licenses, stamps, tags, permits, or other similar item issued under any chapter the code, and §31.006, which authorizes the department to authorize a dealer who holds a dealer's or manufacturer's number to act as the agent of the department under Subchapter B of this chapter and under Chapter 160, Tax Code, for the issuance of certificates of number and the collection of fees and taxes for boats sold by that dealer

The proposed new rule affects Parks and Wildlife Code, Chapters 12 and 31.

§53. 70. License Deputies and Vessel Registration Agents.

(a) License deputy collection and issuance amounts shall be as negotiated with license deputies and shall not exceed 5.0% of the selling price of each item.

(b) A licensed marine dealer is appointed as an authorized agent for the department when forms, prescribed by the executive director, have been properly executed and received by the Texas Parks and Wildlife Department. Such forms may include, but are not limited to, the following:

(1) agent application;

(2) public official bond; or

(3) agent agreement.

This agency hereby

Issued in

The new rule is proposed under the authority of Parks and Wildlife Code, §47.007, which authorizes the commission to establish a fee for a commercial fishing boat license and number and rules governing the issuance, use, and display of commercial fishing boat numbers

The proposed new rule affects Parks and Wildlife Code, Chapter 47.

§53.80. Composition and Issuance. The commercial fishing boat number will be on a display license to be issued with the commercial fishing boat license bearing the same number in a manner determined by the executive director. The display license will be of a design and contain such additional information as the executive director may determine to be necessary to identify the boat as a commercial fishing boat. In the event of the loss or defacement of a display license, the licensee may obtain a duplicate at the fees prescribed in §53.12 of this title (relating to Commercial Fishing Licenses and Tags).

This agency hereby

Issued in Austin, Texas, on

The new rule is proposed under Parks and Wildlife Code, §31.032, which authorizes the department to prescribe the manner in which identification numbers and validation decals are placed on a vessel and authorizes the commission to adopt rules for the placement of validation decals for antique boats

The proposed new rule affects parks and Wildlife Code, Chapter 31.

§53.90. Display of Registration Validation Sticker.

(a) Documented vessels are required to display the registration validation sticker on both sides of the bow and maintain current documentation through the United States Coast Guard or display the state-assigned TX numbering series with the decal. Commercial vessels used in coastal shipping and vessels exceeding 115 feet in length are exempt from registration requirements.

(b) Vessels registered as antique boats are permitted to display the registration validation sticker on the left portion of the windshield. In the absence of a windshield, the registration validation sticker must be attached to the certificate of number and made available for inspection when the boat is operated on public water.

This agency hereby certifies

Issued in Austin, Texas on

The new rule is proposed under §31.0465, which authorizes the commission to define by rule what constitutes an acceptable situation in which certificates of title may be issued after the filing of a bond.

The proposed new rule affects Parks and Wildlife Code, Chapter 31.

§53.100. Bonded Title—Acceptable Situations.

(a) A bonded title situation exists when complete documentation cannot be provided or obtained by an applicant requesting title, registration or ownership transfer of a vessel or outboard motor. The applicant may appeal the department's refusal to issue a certificate of title by applying for consideration of a bonded title. The department will accept applications for bonded title as provided in Parks and Wildlife Code, §31.0465.

(b) Bonded titles may be used in situations where the applicant is unable to produce complete documentation required by the department in order to title or transfer ownership of a vessel or outboard motor. Acceptable situations regarding the filing and award of a bonded title situation will apply where a complete history of ownership for a vessel or outboard motor cannot be produced by the applicant and the department has determined that the customer is unable to provide the history due to the inability to locate the previous owners. Missing ownership documentation may consist of a certificate of title, bill of sale, invoice, or tax affidavit signed by the owner of record, or authority to handle a deceased person's estate. The inability to locate previous owners must be evidenced by proof of returned certified mail or by the lack of any known addresses for a previous owner.

(c) The department shall not under any circumstances issue a bonded title if the applicant does not have any proof of payment, ownership transfer or other related documentation to support a claim of ownership.

This agency hereby

Issued in Austin, Texas, on

The new rule is proposed under Parks and Wildlife Code, §31.006,which authorizes the commission to adopt rules for the creation of a program for the continuing identification and classification of participants in the vessel and outboard motor industries doing business in this state, including fees; §31.0412, which authorizes the commission to adopt rules regarding dealer’s, distributor’s, and manufacturer’s licenses, including transfer procedures, application forms, application and renewal procedures, and reporting and recordkeeping requirements; and §31.039 which authorizes the commission to charge a fee for access to ownership and other records.

The proposed new rule affects Parks and Wildlife Code, Chapter 31.

§53.110. Marine Dealer, Distributors, and Manufacturers.

(a) The following words and terms, when used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise. Consignment--The sale or offer for sale by a person other than the owner under terms of a verbal or written authorization from the owner.

(b) A person shall apply for a license as a dealer by submitting a properly completed, department-approved application form, accompanied by the following:

(1) the fee prescribed by law for each license requested;

(2) photographs clearly showing:

(A) the permanent sign clearly indicating the name of the business;

(B) the front of the business with public access; and

(C) space sufficient for office, service area, and display of products;

(3) a copy of the Tax Permit issued by the Comptroller under Chapter 151, Tax Code;

(4) verification of all assumed name(s), if applicable, in the form of assumed name certificate(s) on file with the Secretary of State or county clerk;

(5) a photocopy of the current driver's license or Department of Public Safety identification of the owner, president or managing partner of the business; and

(6) a list of dealer agreements.

(c) A person shall apply for a license as a distributor or manufacturer by submitting a properly completed, department-approved application form accompanied by the following:

(1) the fee prescribed by law for each license requested;

(2) verification of all assumed name(s), if applicable, in the form of assumed name certificate(s) on file with the Secretary of State or county clerk;

(3) a complete list of manufacturers represented by a distributorship; and

(4) a complete list of distributors, dealers, and manufacturers.

(d) The department may issue a license under this subchapter if:

(1) the applicant submits a complete application form and required attachments; and

(2) the applicant signs a department-provided affidavit stating full compliance with state law including Occupation Code, Chapter 2352, concerning Franchise Agreements, when required.

(e) A license holder shall notify the department in writing within 10 days if there is any change of:

(1) ownership;

(2) business name;

(3) physical location;

(4) dealer agreement;

(5) distributors, dealers, or representatives; or

(6) address or phone information.

(f) The licenses issued under this subchapter to dealers must be publicly displayed at all times in the place of business.

(g) A license holder must keep a complete record available for inspection in the place of business relating to all vessels, motorboats, and outboard motors purchased, sold, or displayed for sale for a minimum of 24 months. Content of records must include the:

(1) date of purchase;

(2) date of sale;

(3) hull identification number and/or motor identification number;

(4) name and address of person selling to the dealer;

(5) name and address of person purchasing from the dealer;

(6) name and address of selling dealer or individual if vessel and/or outboard motor is offered for sale by consignment;

(7) a copy of the vessel/outboard motor title/registration receipt;

(8) copies of any and all documents, forms, and agreements applicable to a particular sale, including, but not limited to title applications, work-up sheets, Manufacturer's Certificates of Origin, titles or photocopies of the front and back of titles, factory invoices, sales contracts, retail installment agreements, buyer's orders, bills of sale, waivers, or other agreements between the seller and purchaser; and

(9) copies of written consignment agreements or power of attorney for vessels, motorboats, or outboard motors.

The agency hereby

Issued in

The new rule is proposed under Parks and Wildlife Code, §12.703, which requires the commission to specify standards for licenses issued by an electronic point-of-sale system, including the legibility of the licenses.

The proposed new rule affects Parks and Wildlife Code, Chapter 12.

§53.120. License Format and Legibility. The provisions of this section apply only to licenses sold through the department’s electronic point-of-sale system and do not apply to licenses sold directly via the Internet for printing by the customer.

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

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

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

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

(ii) waterproof;

(iii) tear resistant; and

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

(B) License print should be:

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

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

(iii) a color that contrasts with the background.

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

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

This agency hereby

Issued in Austin, Texas, on


Commission Agenda Item No. 5
Exhibit C

Disclosure of Customer Information
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department proposes new §§51.300-51.306, concerning the disclosure of customer information.

The proposed new sections are necessary to implement Texas Parks and Wildlife Code, §11.030(c), which requires the Texas Parks and Wildlife Commission to adopt policies by rule relating to: (1) the release of customer information; (2) the use of the customer information by the department; and (3) the sale of a mailing list consisting of the names and addresses of persons who purchase customer products, licenses, or services” from the department. Section 11.030(c) requires that the policies adopted by the commission include “a method for a person by request to exclude information about the person from a mailing list sold by the department.” Section 11.030 was previously implemented as 31 TAC §53.35, which is being repealed in a rulemaking published elsewhere in this issue.

Pursuant to Parks and Wildlife Code, §11.030(b), the department’s customer information is not subject to the provisions of the Texas Public Information Act (PIA), Texas Government Code, Chapter 552. The Office of the Texas Attorney General has confirmed in several informal letter rulings that department customer information is not subject to the PIA. See, Tex. Att’y Gen OR2003-2513 (2003); OR2002-6599 (2002); OR2002-5890 (2002); OR2002-0479 (2002).

In carrying out its mission, the department collects and maintains information about a variety of customers who purchase a product, license, permit or service from the department. The proposed rule is intended to establish requirements for the department’s handling of certain information about department customers. Under the proposed rule, the handling of a customer’s name, address and telephone number (referred to collectively herein as “customer information”) is determined by the type of customer to which the information relates. Within the category of customer information, the proposed rule identifies and defines the following types of customer information: recreational customer information, intended to primarily address customer information about recreational customers; commercial customer information, intended to primarily address customer information about individuals who are purchasers of commercial licenses or permits; boat customer information, intended to address customer information related to the titling or registration of vessels and motors, as well as the licensing of marine dealers; magazine customer information, intended to address customer information about customers of the Texas Parks and Wildlife Magazine; and confidential customer information, intended to address any type of customer information that is confidential by law. Under the proposed new rules, the department’s executive director will identify the information that is included within each category of customer information addressed in the proposed rules.

The proposed new rules also addresses “personal information,” which is defined as a social security number, drivers' license number, bank account number, credit card number, or charge card number of a department customer. Because of the potential for identity theft and misuse, under the proposed new rules, except in certain specified situations, the department will not disclose a customer’s personal information. Also, maintaining the confidentiality of such information is consistent with other law regarding such information. See, e.g., Tex. Gov’t Code §552.024(a), §552.117, §552.136; 42 U.S.C. §405(c)(2)(C)(viii) (I); Tex. Fam. Code §231.006, §231.302(e). Tex. Occup. Code §56.001; Tex. Fam. Code §231.302(e).

Under the proposed new rules, except in certain specified situations, recreational customer information and confidential customer information will not be disclosed by the department. However, if a requestor provides the name or other identifying information for a recreational customer, the department will confirm certain information about the customer. Alternatively, except in certain specified situations, magazine customer information and commercial customer information will be disclosed by the department. Although boat customer information is defined by the proposed new rules, the handling of such information is dictated by specific statutory and regulatory provisions regarding that boat customer information. Also, under the proposed rule, information about a corporation, partnership or other commercial entity will be disclosed unless otherwise prohibited by law.

Included within the definition of recreational customer information in the proposed new rules is information regarding purchasers of recreational hunting and fishing licenses. The department’s automated system for selling hunting and fishing licenses relies on driver’s license data obtained from the Texas Department of Public Safety (DPS). Under federal law and the Texas Transportation Code, disclosure of personal driver information is prohibited, except for specified purposes. Tex. Trans. Code §730.004; 18 U.S.C. §2721(b). Personal driver information is “information that identifies a person, including an individual's photograph or computerized image, social security number, driver identification number, name and address. Tex. Trans. Code §730.003(6); see, also, 18 U.S.C. §2725(3), (4).

Because the department relies on the DPS driver’s license database for the department’s hunting and fishing license system, most information regarding purchasers of recreational hunting and fishing licenses is confidential. The proposed new rules merely confirm the confidentiality of that information. As authorized by federal law and the Texas Transportation Code, the proposed new rules also include a mechanism for a recreational customer to consent to a specific disclosure of his or her customer information or personal information. It should be noted that under the proposed new rules, information regarding purchasers of recreational hunting and fishing licenses would be exempt from disclosure as recreation customer information and as confidential customer information.

Also, under the proposed new rules, information regarding other types of recreational customers is included in the definition of recreational customer information. Therefore, the following types of customer information would not be disclosed, except in specified situations: information about a visitor to a state park and other department facilities; information about a person who purchases a state parks annual pass or makes a reservations at a park or other department facility; and, a person who purchases items or products from the department.

The proposed new rules also address information regarding subscribers to the Texas Parks and Wildlife Magazine. Since 1942, department (or the department’s predecessor) has published a magazine. A common practice within the magazine industry is to trade, sale or rent subscriber lists to other magazines or publications. Therefore, the proposed new rules authorize the sale, trade or rent of subscriber mailing lists. However, the proposed new rules also provides a mechanism by which a magazine subscriber can elect to have his or her name removed from a list that is otherwise disclosed.

The proposed new rules recognize that there are instances in which the department may disclose information that is not otherwise subject to disclosure. As a result, the rules authorize the disclosure of such information in specified situations, including disclosure consented to by the customer, disclosure to another governmental entity that agrees to maintain the confidentiality of the information, disclosure pursuant to a subpoena, disclosure that does not identify the customer, and disclosure otherwise required by law.

The proposed new rules also state that the department’s executive director will establish the amount to be charged by the department for providing information under the rule. The executive director is also charged with establishing procedures for processing requests for information under the rules.

Because certain landowner information and information about boat customers are addressed separately in the Texas Parks and Wildlife Code, the proposed rules expressly exclude such information from the application of the rules. Also, the proposed rules provide that the department will only collect and use information as required to carry out department functions.

2. Fiscal Note.

Ann Bright, General Counsel, has determined that for each of the first five years the rules as proposed are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules beyond those currently existing.

3. Public Benefit - Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be clarification of the types of customer information that is available to the public.

(B) The proposed new rules will result in no increase or other direct cost on small or microbusinesses, or to persons required to comply with the rule 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 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.

(E) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rules.

4. Request for Public Comment.

Comments on the proposed rules may be submitted by phone, written correspondence or e-mail to Ann Bright, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8558; or ann.bright@tpwd.state.tx.us.

5. Statutory Authority.

The new rules are proposed under the authority of Texas Parks and Wildlife Code, §11.030.

The proposed new rules affect Parks and Wildlife Code, Chapter 11.

§51.300. Definitions. The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise.

(1) Boat customer information--customer information regarding the holder of or applicant for a marine dealer license or for a title or registration issued by the department for a vessel or motor.

(2) Commercial customer information--customer information regarding an individual who is the holder of a commercial fishing, hunting or other commercial license issued by the department. Commercial customer information does not include boat customer information.

(3) Confidential customer information--customer information made confidential by law, including, but not limited to, information made confidential by the Motor Vehicle Records Disclosure Act, Chapter 730, Texas Transportation Code.

(4) Customer information--the name, address and telephone number of a department customer. For purposes of this subchapter, customer information does not include personal information.

(5) Department customer--a person who purchases a product, license, permit or service from the department. For purposes of this subchapter, a department customer does not include a corporation, partnership or other commercial enterprise.

(6) Magazine customer information--is customer information about a person who subscribes to the Texas Parks and Wildlife Magazine.

(7) Mailing list--a list containing the name and address for more than one department customer.

(8) Personal information--is the social security, drivers' license, bank account, credit card, or charge card number of a department customer.

(9) Recreational customer information--customer information about a person who purchases a recreational product, license, permit or service from the department, including but not limited to customer information about the following:

(i) the holder of a recreational hunting, fishing, or combination license issued by department;

(ii) a visitor to a state park or other department facility, such as a wildlife management area, the Texas Freshwater Fisheries Center, or Sea Center Texas;

(iii) a person who has purchased a state parks annual pass or made a reservation at a park or other department facility; or

(iv) a person who has purchased an item or product from the department.

(10) Requestor--a person or entity seeking information from the department about a department customer.

§53.301. Duties of the Department.

(a) The executive director shall prepare and make available a list of the types of information maintained by the department that are included in each of the applicable categories listed in §51.300 of this title (relating to Definitions).

(b) The department will collect only that customer information and personal customer information required to carry out department functions.

(c) The department will use customer information and personal customer information only as required to carry out department functions.

§51.302. Applicability.

(a) In accordance with Parks and Wildlife Code, §11.030, the Texas Public Information Act is inapplicable to customer information and personal customer information. The department will handle customer information and personal customer information in accordance with this subchapter.

(b) Nothing in this subchapter shall apply to the handling or disclosure of information covered by Parks and Wildlife Code, §12.0251 or §12.103.

(c) Nothing in this subchapter shall apply to the handling or disclosure of boat customer information. The disclosure of boat customer information is governed by Parks and Wildlife Code, §31.039 and §31.0391 and relevant department regulations.

(d) This subchapter shall apply to customer information regardless of the form in which the customer information is maintained and shall also apply to mailing lists.

§51.303. Disclosure of Information.

(a) Except as provided in this subchapter, the department will not disclose the following information, unless otherwise required by law:

(1) personal information;

(2) recreational customer information; or

(3) confidential customer information.

(b) Except as provided in this subchapter, the department will disclose, sell, rent or trade the following information, unless the information is also confidential customer information or disclosure is otherwise prohibited by law:

(1) commercial customer information; and

(2) magazine customer information.

(c) The department will disclose information regarding a corporation, partnership or commercial enterprise, unless otherwise prohibited by law.

§51.304. Exceptions.

(a) Unless otherwise prohibited by law, the department may disclose the recreational customer, personal customer information or confidential customer information as follows:

(1) Statistical data and compilations of recreational customer information may be disclosed so long as the information does not reveal a specific department customer or a department customer’s address or telephone number;

(2) Recreational customer information, personal information or confidential customer may be disclosed to another governmental body that agrees to maintain the confidentiality of the information.

(3) Recreational customer information, personal information or confidential customer information may be disclosed if the customer that is the subject of the information consents to a specific disclosure in writing.

(4) Customer information or personal information may be disclosed pursuant to a lawfully issued subpoena.

(b) If a requestor provides a recreational customer’s name or other identifying information, the department may verify information about a recreational customer as specified in this subsection; however, the department may require that the requestor complete and submit a separate written form for each recreational customer about which the department is requested to verify information.

(1) The department may verify whether a recreational customer holds a specified license or permit.

(2) The department may verify whether a recreational customer was a visitor to a state park or other department facility.

(3) The department may verify whether a recreational customer purchased a state parks annual pass or made a reservation at a park or other department facility.

(4) The department may verify whether a recreational customer purchased an item or product from the department.

(c) Information that is rented under this subchapter may be used by the requestor no more than one time. The department will take appropriate steps to verify that rented information is used no more than one time.

(d) A commercial customer or magazine customer may elect to exclude his or her customer information from disclosure. In the event that a commercial customer or magazine customer elects to exclude his or her customer information from disclosure, his or her customer information will be treated as confidential information under this subchapter.

§51.305. Price.

(a) The rental or sales price of customer information that may be disclosed under this subchapter will be established by the executive director or designee and adjusted periodically. In establishing the rental or sales price, the executive director shall take into consideration the fair market value of such information and shall ensure that the prices are sufficient to recover the cost to the department of providing the information.

(b) Information provided to another governmental body pursuant to this subchapter may be provided without charge or at a reduced charge if determined to be in the best interest of the department.

(c) The department may release customer information without charge or at a reduced fee when the executive director or his or her designee deems that release of such information is in the best interest of the state.

§51.306. Procedure. The executive director will develop and make available procedures for requesting customer information under this subchapter.

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

VENDOR PROTEST PROCEDURES
PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes new §51.350, concerning the department’s procedures for handling vendor disputes. The new section is substantively identical to current 31 TAC §53.70, which is being proposed for repeal elsewhere in this issue in order to move those provisions out of Chapter 53 (Finance) and into Chapter 51 (Executive), as part of a reorganization of Chapter 53. Therefore, the ultimate effect is that of an administrative transfer of the rule from one chapter to another.

The proposed new section is necessary to provide an opportunity to vendors to administratively process protests of department procedures relating to purchasing issues, and is required by the provisions of Government Code, §2155.076, which stipulates that each state agency by rule shall develop and adopt protest procedures for resolving vendor protests relating to purchasing issues, and that the rules must include standards for maintaining documentation about the purchasing process to be used in the event of a protest.

2. Fiscal Note.

Judy Doran, staff attorney, has determined that for each of the first five years that the proposed new section is in effect, there will be no negative financial implications to state or local governments as a result of enforcing or administering the proposed new section.

3. Public Benefit/Cost Note.

Ms. Doran also has determined that for each of the first five years the proposed new section is in effect:

(A) The public benefit anticipated as a result of enforcing the rules as proposed will be increased vendor participation and satisfaction with the consistency and fairness of department purchasing rules.

(B) The proposed new rule will result in no costs to small businesses or microbusinesses. There is no economic cost to persons required to comply with the rule as proposed.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, Section 2001.022, as this agency has determined that the rule as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

(E) The department has determined that Government Code, § 2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rule.

4. Request for Public Comment.

Comments on the proposed rule may be submitted to Judy Doran, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4329 or 1-800-792-1112.

5. Statutory Authority.

The department does not possess general rulemaking authority; therefore, the new section is proposed under Government Code, §2155.076, which requires the department as a state agency to adopt rules for resolving vendor protests relating to purchasing issues.

The new rule affects Government Code, §2155.076.

§51.350. Vendor Protest Procedures.

(a) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Director of Purchasing, Payments, and Property. Such protests must be in writing and received in the director's office within ten working days after such aggrieved person knows, or should have known, of the occurrence of the action which is protested. Copies of the protest must be mailed or delivered by the protesting party to the department and other interested parties. For the purpose of this section "other interested persons" means at least all vendors who have submitted bids or proposals for the contract involved.

(b) If the vendor wants the solicitation or the award process to be terminated, he must make that request in his protest and state the reasons for such termination of the process. The director will review such request and, after consultation with the issuing division and the appropriate manager, make a written determination within three business days of receipt of the request to terminate from the vendor.

(c) A formal protest must be sworn and contain:

(1) a specific identification of the statutory or regulatory provision(s) the action complained of is alleged to have violated;

(2) a specific description of each act alleged to have violated the statutory or

regulatory provision(s) identified above;

(3) a precise statement of the relevant facts;

(4) an identification of the issue or issues to be resolved;

(5) argument and authorities in support of the protest; and

(6) a statement that copies of the protest have been mailed or delivered to the identifiable interested parties.

(d) The director shall have the authority, absent a proper appeal to the executive director of the department, to settle and resolve the dispute concerning the solicitation or award of a contract. The director may solicit written responses to the protest from other interested parties.

(e) If the protest is not resolved by mutual agreement, the director will issue a written determination on the protest:

(1) if the director determines that no violation of rules or statutes has occurred he shall so inform the protesting party, and the other interested parties by letter which sets forth the reasons for the determination; or

(2) if the director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, he will so inform the protesting party and the other interested parties by letter which sets forth the reasons for the determination, which may include ordering the contract void.

(f) The director's determination on a protest may be appealed by an interested party to the executive director of the department. An appeal of the director's determination must be in writing and must be received in the executive director's office no later than ten working days after the date of the director's determination. The appeal shall be limited to review of the director's determination. Copies of the appeal must be mailed or delivered to other interested parties within ten working days after the date of the director's decision and must contain a certification that such copies have been provided as directed in this section.

(g) The appropriate lawyer for the agency must review the protest, the director's determination and the appeal and prepare a written opinion with recommendations to the executive director.

(h) A decision issued by the commission in open meeting, or in writing by the executive director, shall be the final administrative action of the department.

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

INVESTMENT OF LIFETIME LICENSE ENDOWMENT FUND
PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes new §51.400, concerning Investment of the Lifetime License Endowment Fund. The new section is textually identical to current 31 TAC §53.9, which is being proposed for repeal elsewhere in this issue in order to move those provisions out of Chapter 53 (Finance) and into Chapter 51 (Executive), as part of a reorganization of Chapter 53. Therefore, the ultimate effect is that of an administrative transfer of the rule from one chapter to another.

2. Fiscal Note.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the proposed rule is in effect, there are no cost or revenue implications to state or local governments.

3. Public Benefit/Cost Note.

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

(A) The public benefit will be a uniform policy for investment of the lifetime license endowment fund, which will ensure that the fund is productively used in the acquiring of public hunting and fishing areas and the development, management, and repair of public hunting and fishing areas.

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

(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.

(D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.

(E) The department has determined that Government Code, § 2001.0225 (Regulatory Analysis of Major Environmental Rules) does not apply to the proposed rule.

4. Request for Public Comment.

Comments on the proposed rule may be submitted to Judy Doran, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4329 or 1-800-792-1112, e-mail: judy.doran@tpwd.state.tx.us.

5. Statutory Authority.

The rule is proposed under the authority of Parks and Wildlife Code, §11.065, which requires the commission to adopt rules for the investment of the lifetime license endowment account.

The proposed rule affects Parks and Wildlife Chapter 11.

§51.400. Investment of Lifetime License Endowment Fund. The Executive Director is authorized to invest the Lifetime License Endowment Fund in accordance with the investment policy approved by the commission.

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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