Outreach and Education Committee

Wednesday, 9:00 a.m., April 7, 2004

Commission Hearing Room
4200 Smith School Road
Austin, TX 78744
Item
No.
Subject Public Hearing
Agenda Item No.
  Approve previous Committee Meeting minutes  
1. Chairman's Charges (Oral Presentation) Committee Only
2. Proposed Tourism MOU
Staff: Lydia Saldaña
Committee Only
3. Hunter Education Deferral
- TAC Chapter 55 –§ J Mandatory Hunter Education Program
Staff: Steve Hall
10
4. Other Business

Committee Agenda Item No. 2
Presenter: Lydia Saldaña

Outreach and Education Committee
Memorandum of Understanding
Texas Department of Transportation
Texas Economic Development Department
Texas Commission on the Arts
Texas Historical Commission
April 2004

I. Executive Summary: The item presents a Memorandum of Understanding between the Department, The Texas Department of Transportation, the Texas Economic Development Department, the Texas Commission on the Arts, and the Texas Historical Commission, which staff proposes the Commission adopt by reference. The MOU prescribes the roles of the affected agencies in marketing and promoting Texas as a travel destination.

II. Discussion: Government Code, §481.172, requires the Texas Economic Development Department to develop a memorandum of understanding (MOU) with the Texas Department of Transportation, Texas Parks and Wildlife Department, Texas Commission on the Arts, and Texas Historical Commission to cooperate in marketing and promoting Texas as a travel destination and to provide services to travelers. The department proposes to adopt the MOU by reference.

Attachments - 1
1. Exhibit A - MOU


Committee Agenda Item No. 2
Exhibit A

Memorandum of Understanding
Between
The Office of the Governor, Economic Development and Tourism Division
and
the Texas Department of Transportation,
the Texas Parks and Wildlife Department,
the Texas Commission on the Arts, and
the Texas Historical Commission

Section I. Parties
Pursuant to Sections 481.172 (a)(8) and 444.030(b) of the Texas Government Code and House Bill No. 1, General Appropriations Act, 78th Legislature, Regular Session, this memorandum of understanding is made and entered into by the Office of the Governor, Economic Development and Tourism Division (EDT) with the Texas Department of Transportation (TxDOT), the Texas Parks and Wildlife Department (TPWD), the Texas Commission on the Arts (TCA), and the Texas Historical Commission (THC) to direct the efforts of those agencies in all matters related to tourism.

Section II. Recitals
Whereas, EDT, TxDOT, TPWD, TCA, and THC (collectively the Parties or Partners), are among the state entities with authority to promote and/or provide Texas tourism destinations as well as promote travel and tourism in Texas; and

Whereas, Section 481.022(1) of the Texas Government Code requires EDT to promote the state as a premier tourist destination and Section 481.172 of the Texas Government Code sets forth the responsibilities of EDT in promoting Texas as a tourist destination, and Sections 481.172(a)(8) and 481.172(b) of the Texas Government Code authorize EDT to direct the efforts of the agencies in all matters relating to tourism and to strategically direct and redirect each agency’s tourism priorities and activities to most effectively meet consumer demands and emerging travel trends, as established by the latest market research, and minimize duplication of efforts and realize cost savings through economies of scale; and

Whereas, Chapter 204 of the Transportation Code authorizes TxDOT to prepare and publish for distribution, in the manner and form TxDOT considers best, documents TxDOT considers necessary to serve the motoring public and road users and also requires TxDOT to maintain and operate travel information centers at principal gateways to this state to provide highway information, travel guidance, and descriptive material designed to assist the traveling public and stimulate travel to and within this state; and

Whereas, Sections 12.006 and 13.017 of the Texas Parks and Wildlife Code authorize TPWD to provide certain information to the public relating to outdoor recreation, state parks, wildlife management areas, and wildlife conservation and Sections 13.002 and 13.101, and 13.102 and Sections 81.401 and 81.405 of the Texas Parks and Wildlife Code authorize TPWD to acquire land, manage natural and cultural resources, and operate state parks and state wildlife management areas for public outdoor recreation; and

Whereas, Section 444.021(a)(1), (a)(2) and (a)(5) of the Texas Government Code directs TCA to foster the development of a receptive climate for the arts that will culturally enrich and benefit state citizens in their daily lives, to make visits and vacations to the state more appealing to the world, and to provide advice to the Texas Building and Procurement Commission, THC, the Texas State Library, EDT, TxDOT, and other state agencies to provide a concentrated state effort in encouraging and developing an appreciation for the arts in the state; and

Whereas, Section 442.005 of the Texas Government Code sets out the duties and responsibilities of THC and authorizes THC to promote the appreciation of historic sites, structures, or objects in the state through a program designed to develop tourism and to promote heritage tourism by assisting persons, including local governments, organizations, and individuals, in the preservation, enhancement, and promotion of heritage and cultural attractions in this state; and

Whereas, Article IX, Section 11.11 of House Bill No. 1, General Appropriations Act, 78th Legislature, Regular Session, directs the Partners to develop, maintain and adhere to a memorandum of understanding that details the specific travel and tourism objectives and responsibilities of each agency and continues to provide interagency coordination and support to achieve the objectives;

Now, therefore, the parties agree to cooperate in developing and promoting Texas as a premier travel destination in the following subject areas, as follows:

Section III. Undertakings by Each Party

A. Plan of Action
On June 1 of each year, TxDOT, TPWD, TCA, and THC will provide EDT with a plan of action for their respective agency’s proposed tourism activities for the following fiscal year. The plan will identify priorities by the agency that must include the following:

B. Strategic Tourism Plan

EDT will direct the development of an annual strategic tourism plan, including a marketing plan to increase travel to and within the state, developed not later than September 1 of each year. The plan will include the following:

The Chief Operating Officer of EDT and Executive Directors of the four participating state agencies will be briefed at least once a year during a joint meeting.

The Partners acknowledge that other state agencies have a role in tourism and may be affected by the tourism marketing efforts of the Partners. To that end, it is agreed upon that, when appropriate, other state agencies comprising the State Agency Tourism Council will be included in the planning, communications, meetings and other coordination efforts conducted under this agreement. These other agencies include, but are not limited to: Texas A&M University; Office of Music, Film, Television and Multimedia; Texas General Land Office; Texas Department of Agriculture; Texas Department of Public Safety; and the Texas State Preservation Board.

Section IV. Term

This memorandum of understanding shall be effective upon execution by representatives of the Parties and shall automatically renew each year on the anniversary of the effective date, unless terminated in accordance with the provisions of Section V below.

Section V. Termination

This memorandum of understanding renews each year on the anniversary of the effective date, unless terminated by entering into a new agreement that supercedes this agreement, or by legislative action. In the event that the functions of EDT or the other agencies are altered or abolished by law, rendering portions of this agreement unenforceable, the remaining portions of the agreement shall not in any way be affected or impaired.

Section VI. Amendments and Changes

Any alteration, addition, or deletion to the terms of this agreement shall be by amendment hereto in writing and executed by all Parties.

This memorandum of understanding supercedes the memorandum of understanding among the Parties executed effective November 27, 2000.

Section VII. Compliance with Laws and Budgetary Constraints

The obligations of the parties in carrying out the provisions of this memorandum of understanding are subject to the statutory authority the Parties, and all other applicable laws and the appropriations available to the Parties to accomplish the purposes set forth herein. This memorandum of understanding does not include the transfer of any personnel from EDT or from one agency to another.

Section VIII. Adoption as Rule

The Parties shall adopt this Memorandum of Understanding as a rule when required by statute.

Office of the Governor
Economic Development and Tourism DIVISION

By: _____________________________

Date: ____________________________


Texas Parks and Wildlife Department

By: _____________________________


Date: ____________________________


Texas Historical Commission

By: _____________________________


Date: ____________________________


Texas Department of Transportation

By: _____________________________


Date: ____________________________


Texas Commission on the Arts

By: _____________________________

Date: ____________________________


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