Regulations Committee

Wednesday, 9:00 a.m., Aug. 25, 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. Rule Review - Permission to Publish
- Chapter 59 Parks
- Chapter 69 Resource Protection
Staff: Ann Bright
Committee Only
3. Rule Review - Permission to Publish Proposed Changes
- Chapter 51 Executive
- Chapter 55 Law Enforcement
- Chapter 61 Design and Construction
Staff: Ann Bright/Steve Whiston
Committee Only
4. Civil Restitution Values
Staff: Kris Bishop
11
5. License Buyback Program Funding Sources
Staff: Larry McKinney
15
6. Cormorant Control Permit
Staff: John Herron
16
7. Rule Review
- Chapter 52 Wildlife and Fisheries
- Chapter 65 Wildlife
Staff: Mike Berger
12
8. Electronic License Sales
Staff: Mike Berger
13
9. Triple T Regulations - CWD Provisions
Staff: Clayton Wolf
14
10. Other Business  

Committee Agenda Item No. 2
Presenter: Ann Bright

Regulations Committee
Rule Review
August 2004

I. Executive Summary: Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years.

A state agency's review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist. Under the requirements of this statute, this agency must now review Chapter 59, Parks, and Chapter 69, Resource Protection of Title 31 of the Texas Administrative Code.

With Commission approval, the agency will publish a Notice of Intent to Review for public comment in the Texas Register.


Committee Agenda Item No. 3
Presenter: Ann Bright

Regulations Committee
Rule Review
August 2004

I. Executive Summary: Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years. A state agency's review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist. Notice of proposed review of Chapter 55, Law Enforcement, was published in the Texas Register on March 5, 2004 (29 Tex.Reg. 2389). Notices of proposed review of Chapter 51, Executive, and Chapter 61, Design and Construction, were published in the Texas Register on July 23, 2004, (29 Tex.Reg. 7153). Following review of these chapters, TPWD staff is recommending several changes to ensure clarity and accuracy of the regulations and to eliminate unnecessary regulations.

II. Discussion: TPWD staff recommends publication of the following changes to Chapters 51, 55 and 61:

Chapter 51, Executive:

Chapter 55, Law Enforcement

Chapter 61, Design and Construction

TPWD staff noted the following other matters to be addressed in connection with the rule review:

Advisory Committee Rules: Chapter 2110 of the Texas Government Code requires state agencies to adopt rules regarding advisory committees. Among other things, Chapter 2110 provides that, unless otherwise designated by agency rule, all advisory committees are automatically abolished on the later of September 1, 2005 or four years after the creation of the advisory committee. Therefore, TPWD staff will undertake a review of all existing advisory committees by September 1, 2005. Following that review, staff will recommend the proposal of rules regarding the advisory committees to be continued.

Chapter 58, Oysters and Shrimp (except for Subchapter A, Statewide Oyster Fishery Proclamation): Although notice of intent to review this chapter has been published, the completed review of this chapter is not due until November 2005. Staff intends to complete its review of this rule by the summer of 2005.


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