Finance Committee

Wednesday, 9:00am, May 25, 2005

Commission Hearing Room
4200 Smith School Road
Austin, TX 78744
Item
No.
Subject Public Hearing
Agenda Item No.
  Approval of Previous Meeting minutes.  
1. Chairman's Charges (Oral Presentation) Committee Only
2. Financial Review Update
Staff: Mary Fields
Committee Only
3. Legislative Update
Staff: Robert Cook
Committee Only
4. Issuance of Stamps - Permission to Publish
Staff: Ann Bright
Committee Only
5. Advisory Committees - Proposed Rules - Permission to Publish
Staff: Ann Bright
Committee Only
6. Other Business

Committee Agenda Item No. 2
Presenter: Mary Fields

Finance Committee
Financial Review Update
May 2005

I. Executive Summary: Staff will present a year-to-date financial review for FY 2005. This will include an update on revenues for Account 9, Game, Fish and Water Safety and Account 64, State Parks and an operating budget status. The Super Combo Stamp Allocation and the Business Improvement Plan will also be discussed.


Committee Agenda Item No. 3
Presenter: Robert Cook

Finance Committee
Legislative Update
May 2005

I. Executive Summary: Staff will provide an update on issues relating to the legislative session to include legislation and appropriation.


Committee Agenda Item No. 4
Presenter: Ann Bright

Finance Committee
Issuance of Stamps – Proposed Rules
May 2005

I. Executive Summary: In anticipation of the enactment of House Bill 2940/Senate Bill 1192 or similar legislation that would reorganize the Department’s game bird stamps, staff is requesting permission to publish proposed rule changes in the Texas Register for public comment. The rule changes would reflect the potential new stamp structure and fees, and would eliminate a reference to the bonus deer tag, which no longer exists.

II. Discussion: House Bill 2940/Senate Bill 1192 would reorganize the Department's game bird stamps, creating two new stamps from the current three. The white-winged dove stamp (currently $7) and waterfowl stamp (currently $7) would be combined to create a single migratory game bird stamp. The fee for the stamp would be $7. The stamp would be required to hunt any migratory game bird. The turkey stamp (currently $5) would be eliminated and replaced by the upland game bird stamp ($7), which would be required to hunt any non-migratory game bird (turkey, quail, pheasant, chachalaca and prairie chicken). If approved by two-thirds of the members of each house, the legislation will be effective immediately. The immediate effective date would mean that the game bird stamp reorganization would be effective for the 2005-2006 hunting season, which begins September 1, 2005. The legislation establishes the stamp and the minimum fees, but full implementation of the new stamp structure requires the adoption of amendments to reflect the new stamp structure in the Department's regulations.

Attachments - 1

  1. Exhibit A - Proposed Stamp Rules

Commission Agenda Item No. 4
Exhibit A

Stamp Rules
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department (the department) proposes amendments to §§53.3, 53.5 and 53.60, concerning stamps and stamp fees.

The proposed amendments are necessary to implement the requirements of Senate Bill 1192/House Bill 2940, 79th Texas Legislature. If passed and signed into law, the bills would reorganize the Department’s game bird stamps, creating two new stamps from the current three. The white-winged dove stamp ($7) and waterfowl stamp ($7) would be combined to create a single migratory game bird stamp. The fee for the stamp would be $7. The stamp would be required for the hunting of any migratory game bird. The turkey stamp (currently at $5) would be eliminated and replaced by an upland game bird stamp ($7), which would be required for the hunting of any non-migratory game bird (turkey, quail, pheasant, chachalaca and prairie chicken). If approved by two-thirds of the members of each house and signed into law, the legislation would be effective immediately. An immediate effective date would mean that the game bird stamp reorganization will be effective for the 2005-2006 hunting season, which begins September 1, 2005.

The Administrative Procedure Act, §2001.006, Texas Government Code, allows a state agency to take certain preparatory actions regarding legislation that is not yet effective. The amendment of these sections is being proposed in anticipation of Senate Bill 1192/HB2940 or similar legislation being enacted. If such legislation is not enacted, this proposal will be withdrawn.

The amendment to §53.3 is necessary to adjust the composition of the department’s combination-license packages to reflect the creation of the new stamps and the elimination of existing stamps.

The amendment to §53.5 is necessary to establish by rule the fees associated with the new stamps and to eliminate references and fees for stamps that will no longer exist if the legislature eliminates the statutory authority for their existence. The amendment also eliminates a reference to the bonus deer tag, which no longer exists.

The amendment to §53.60 is necessary to revise the list of stamps to reflect the new stamp structure that would be created by the legislature. The proposed amendment would delete references to the turkey stamp, the white-winged dove stamp and the state waterfowl stamp and add references to the new upland game bird and migratory game bird stamps.

Currently, §53.60 authorizes the Executive Director to exempt certain persons from purchasing or possessing the listed stamps, exempts persons under the age of 17 and lifetime resident hunting license holder from purchasing or possessing the listed stamps, exempts a person with a lifetime resident combination hunting and fishing license holder from purchasing or possessing the listed stamps, exempts a qualified disabled veteran from purchasing or possessing the listed stamps, and lists the stamps contained in the collectors edition stamp package. The proposed amendment would remove references to the turkey stamp, the white-winged dove stamp, and the state waterfowl stamp and insert references to the upland game bird stamp and the migratory game bird stamp.

Currently, §53.60(e)(2) exempts a person from possessing a turkey stamp if the person possesses a spring turkey hunting license. The proposed amendment would eliminate the reference to the turkey stamp and replace it with a reference to the upland game bird stamp.


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 rule, since the new stamps and fees are created by statute and not by this rulemaking.


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 rule as proposed will be to ensure that the department’s rules regarding stamps and fees are accurate.

(B) The proposed new rule will result in no adverse economic effects to small or microbusinesses or persons required to comply with the rules.

(C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §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 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 amendments are proposed under the authority of Texas Parks and Wildlife Code, Subchapter S, as added by HB 2940/SB 1192, 79th Texas Legislature.

The proposed amendments affect Parks and Wildlife Code, Chapter 43.


6. Text.

§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 migratory game bird stamp, an upland game bird stamp,[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 migratory game bird stamp, an upland game bird stamp,[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 migratory game bird stamp, an upland game bird stamp,[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.

§53.5. 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) upland game bird[turkey]—$7[$5];

(2) migratory game bird[white-winged dove]—$7; and

(3) archery hunting—$7[;]

[(4) state waterfowl—$7.; and]

[(5) bonus deer tag—-$10].

§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) migratory game bird stamp[white-winged dove stamp];

(B) archery hunting stamp;

(C) upland game bird stamp[turkey stamp];

[(D) state waterfowl stamp];

(D)[(E)] saltwater sportfishing stamp; and

(E)[(F)] freshwater fishing stamp.

(2) All nonresident spring turkey hunting license holders are exempt from requirements for acquisition and possession of the upland game bird[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) migratory game bird stamp[white-winged dove stamp];

(B) upland game bird stamp; and[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) migratory game bird stamp[white-winged dove stamp];

(B) upland game bird stamp[turkey stamp];

(C) archery hunting stamp;

[(D) state waterfowl stamp;]

(D)[(E)] saltwater sportfishing stamp; and

(E)[(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) migratory game bird stamp[state waterfowl];

(B) upland game bird stamp[turkey stamp];

[(C) white-winged dove; ]

(C)[(D)] archery;

(D)[(E)] saltwater fishing; and

(E)[(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) migratory game bird stamp[turkey stamp];

(B) upland game bird stamp[white-winged stamp];

(C) nongame stamp;

(D) archery stamp;

[(E) state waterfowl stamp;]

(E)[(F)] saltwater sportfishing stamp; and

(F)[(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 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


Committee Agenda Item No. 5
Presenter: Ann Bright

Finance Committee
Advisory Committees – Proposed Rules
Permission to Publish
May 2005

I. Executive Summary: Chapter 2110 of the Texas Government Code requires that rules be adopted regarding each agency advisory committee. Therefore, staff is requesting permission to publish proposed rules in the Texas Register to address TPWD advisory committees.

II. Discussion: The Texas Government Code requires that rules be adopted regarding each agency advisory committee. Unless otherwise provided by specific statute, the rules must (1) state the purpose of the committee; (2) describe the manner in which the committee will report to the agency; and (3) establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute. In addition, the agency must annually evaluate each advisory committee’s work, usefulness and costs related to the committee’s existence, including the cost of agency staff time spent in support of the committee’s activities.

The Government Code also requires that an advisory committee be composed of a reasonable number of members, not to exceed 24 members. Unless otherwise provided by specific statute, the composition of the advisory committee must also provide a balanced representation between: (1) industries or occupations regulated or directly affected by the state agency and; (2) consumers of services provided by the state agency or by the industries or occupations regulated by the state agency. An advisory committee must select a presiding officer from its membership.

The Government Code also states that unless otherwise provided by statute, an advisory committee will continue its existence after the date established for the committee's abolishment only through amendment to the agency’s rules regarding the advisory committee. If a date for abolishment is not set, the advisory committee will be abolished on the later of September 1, 2005, or the fourth anniversary of the date of its creation, unless a specific date for abolishment is established by statute. An advisory committee that state or federal law has specifically created is considered to have been created on the effective date of that law unless the law specifically provides for a different date of creation.

To ensure compliance with Chapter 2110 of the Texas Government Code, staff is recommending the publication of proposed rules regarding the following advisory committees:

Wildlife

Coastal Fisheries

Inland Fisheries

State Parks

Law Enforcement

Communications

Attachments - 1

  1. Exhibit A - Advisory Committees Proposal Preamble

Commission Agenda Item No. 5
Exhibit A

Advisory Committees
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department (the department) proposes new §§51.601, 51.612-51.617, 51.621-51.625, 51.631, 51.632, 51.641-51.643, 51.651, 51.652, and 51.661, concerning department advisory committees.

The proposed new sections are necessary to implement the requirements of Chapter 2110 of the Texas Government Code and §11.0162 of the Texas Parks and Wildlife Code. The Texas Parks and Wildlife Code authorizes the Chairman of the Texas Parks and Wildlife Commission (the commission) to appoint advisory committees and to “adopt rules that set the membership, terms of service, qualifications, operating procedures, and other standards to ensure the effectiveness of an advisory committee appointed under this section.” Tex. Parks & Wild. Code §11.0162. An advisory committee is a committee, council, commission, board, or task force or other entity with multiple members that has as its primary function advising a state agency in the executive branch of state government. Tex. Gov’t Code §2110.001.

Under Chapter 2110 of the Texas Government Code, unless otherwise provided by specific statute, for each official advisory committee, a state agency must adopt rules that (1) state the purpose of the committee; (2) describe the manner in which the committee will report to the agency; and (3) establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute. Tex. Gov’t Code §§2110.005, 2110.008. Chapter 2110 of the Texas Government Code also requires that the state agency advised by the advisory committee annually evaluate each advisory committee’s work, usefulness and costs related to the committee’s existence, including the cost of agency staff time spent in support of the committee’s activities. Tex. Gov’t Code §2110.006.

The membership of a state agency advisory committee is also addressed by the Texas Government Code. An advisory committee must be composed of a reasonable number of members, not to exceed 24. Unless otherwise provided by specific statute, the composition of the advisory committee must provide a balanced representation between: (1) industries or occupations regulated or directly affected by the state agency and; (2) consumers of services provided by the state agency or by the industries or occupations regulated by the state agency. Tex. Gov’t Code §2110.002.

Unless otherwise provided by statute, an advisory committee will continue its existence after the date established for the committee's abolishment only through amendment to the agency’s rules regarding the advisory committee. If a date for abolishment is not set, the advisory committee will be abolished on the fourth anniversary of the date of its creation, unless a specific date for abolishment is established by statute. Tex. Gov’t Code §2110.008. An advisory committee that state or federal law has specifically created is considered to have been created on the effective date of that law unless the law specifically provides for a different date of creation. Tex. Gov’t Code §2110.007.

For a number of years, the department has sought advice from interested persons and groups about the functions of the departments. Such input is important as the commission and the department carry out the agency’s mission. The formation of advisory committees is an efficient and effective method of obtaining necessary and useful input. The proposed rules are intended to ensure compliance with Government Code, Chapter 2110 and to formalize the establishment of department advisory groups. The department does not reimburse advisory committee members for their expenses or otherwise compensate advisory committee members.

Proposed §51.601, concerning General Requirements, establishes the general requirements for department advisory committees. Unless otherwise provided, the general requirements would apply to all department advisory committees established by rule. In addition, the proposed rules provide specific requirements for each department advisory committee, including membership, terms and other requirements.

The San Jacinto Advisory Board, the Texas Statewide Trails Advisory Committee, the Game Warden Advisory Committee and the Operation Game Thief Advisory Committee are required by statute. The proposed rules regarding these statutorily mandated advisory committees are intended to merely track the requirements of the statutes establishing or requiring those committees.

The proposed rules would establish or formalize 6 advisory committees involving wildlife issues. The White-tailed Deer Advisory Committee, as addressed in proposed §51.612, will advise the department on issues relevant to white-tailed deer and all programs involving white-tailed deer management in Texas. The Game Bird Advisory Board, as addressed in proposed §51.613, will advise the department regarding the management, research and habitat acquisition needs of game birds and migratory game birds, the development and implementation of game bird and migratory game bird regulations, research and management, and education and communications with various constituent groups and individuals interested in game birds and migratory game birds. The Texas Quail Council, as addressed in proposed §51.614, will advise the department on matters pertaining to the implementation of the Texas Quail Conservation Initiative, including recommendations on matters pertaining to the regulation, management, research, and funding needs with respect to the four species of quail that occur in Texas. The Private Lands Advisory Board, as addressed in proposed §51.615, will advise the department on matters pertaining to wildlife programs, management, and research on private lands in Texas. The Bighorn Sheep Advisory Committee, as addressed in proposed §51.616, will advise the department on problems, alternatives, solutions and goals regarding the restoration of desert bighorn sheep to Texas. The Wildlife Diversity Advisory Committee, as addressed in proposed §51.617, will advise the department on management, research and outreach activities related to nongame and rare species in the State of Texas.

The proposed rules would establish or formalize 5 advisory committees involving coastal fisheries issues. The Artificial Reef Advisory Committee, as described in proposed §51.621, will advise the department regarding the Artificial Reef Program. The Blue Crab Advisory Committee, as addressed in proposed §51.622, will advise the department regarding the preparation and formulation of rules and regulations necessary to carry out the department’s Blue Crab Management Plan. The Oyster Advisory Committee, as addressed in proposed §51.623, will advise the department regarding preparation and formulation of rules and regulations necessary to carry out the department’s Oyster Management Plan. The Shrimp Advisory Committee, as addressed in proposed §51.624, will advise the department regarding preparation and formulation of rules and regulations necessary to carry out the department’s Shrimp Management Plan. The Coastal Resources Advisory Committee, as addressed in proposed §51.625, will advise the department on issues that cross fishery and geographic boundaries on the coast of Texas.

The proposed rules would establish or formalize 2 advisory committees involving freshwater fisheries issues. The Freshwater Fisheries Advisory Board, as addressed in proposed §51.631, will advise the department regarding all matters pertaining to freshwater fisheries management and research in the State of Texas. The Texas Rivers Conservation Advisory Committee, as addressed in proposed §51.632, will advise the department regarding the needs of the natural riverine resources while providing abundant recreational opportunities for the public.

The proposed rules would establish or formalize 3 advisory committees involving state parks issues, 2 of which are statutorily required. The Texas Statewide Trails Advisory Board, as addressed in proposed §51.641, in compliance with the Title 23, United States Code, Section 206, will advise the department regarding distribution of federal National Recreational Trail Funds to state and local sponsors of trail projects and will assist in the development of educational materials to inform the public about trail opportunities. San Jacinto Historical Advisory Board, as addressed in proposed §51.642, pursuant to Chapter 22, Subchapter B, Texas Parks and Wildlife Code, will review the policies and operations of the San Jacinto Battleground and will advise the department on the proper historical development of the battleground. The Historic Sites Advisory Committee, as addressed in proposed §51.643, will advise the department regarding issues related to the State Historic Sites and provide a mechanism for department staff and interested parties to exchange information and address the needs of the State Historic Sites.

The proposed rules would establish or formalize 2 advisory committees involving law enforcement issues, both of which are statutorily required. The Operation Game Thief Committee, as addressed in proposed §51.651 pursuant to Texas Parks and Wildlife Code, §12.202, will administer the operation game thief funds and make reward payments and death benefit payments from that fund. The Game Warden Academy Advisory Committee, as addressed in proposed §51.652, pursuant to Texas Occupations Code, §1701.252, will develop a curriculum for the Game Warden Academy.

The proposed rules would establish or formalize one advisory committee involving communications issues. An Expo Advisory Committee, as addressed in proposed §51.661, will be appointed each year and will advise the department regarding the planning and operation of the Texas Parks and Wildlife Expo, an event to encourage and increase participation in hunting, fishing and outdoor recreation and build awareness and support for the conservation of natural, cultural and historic resources.

The following groups are expressly exempt from the requirements of Texas Government Code, Chapter 2110, and are therefore not included in these rules: the Finfish License Management Review Board, established in Texas Parks and Wildlife Code, §47.073(f); the Shrimp License Management Review Board, established in Texas Parks and Wildlife Code, §77.118 (f); and the Crab License Management Review Board, established in Texas Parks and Wildlife Code, §78.103 (f). Any department advisory committee not addressed in these rules is abolished.


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 to ensure proper management and effective use of department advisory committees.

(B) The proposed new rules will result in no adverse economic effects to small or micro businesses.

(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, §11.0162 and Texas Government Code, §§2110.005, 2110.008.

The proposed new rules affect Parks and Wildlife Code, §11.0162.


6. Text.

Subchapter O, Advisory Committees

§51.601. General Requirements.

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

(1) “Advisory committee” means a committee, council, commission, board, or task force or other entity with multiple members that has as its primary function advising the department.

(2) “Chairman” means the chairman of the Texas Parks and Wildlife Commission.

(3) “Commission” means the Texas Parks and Wildlife Commission.

(4) “Department” means the Texas Parks and Wildlife Department.

(5) “Director” means the Executive Director of the Texas Parks and Wildlife Department.

(b) Creation. The Chairman may appoint advisory committees to advise the commission on issues within the jurisdiction of the department or the commission.

(c) Function. Unless otherwise provided by law, an advisory committee will address only those matters about which advice is sought. An advisory committee will have no authority to establish agency policy. (d) Expiration of Advisory Committee. Unless expressly provided in this Subchapter, or other law, each department advisory committee will expire on the fourth anniversary of the date of its creation. The date of creation shall be the date on which the rule establishing the advisory committee is effective.

(e) Membership. The Chairman shall appoint a reasonable number of members not to exceed 24 (excluding ex officio members) to each advisory committee. Unless otherwise provided by specific statute, membership of each advisory committee shall be balanced to ensure representation of industries or occupations regulated or directly affected by the department and consumers of services provided by the department or by the industries or occupations regulated by the department to which the advisory committee relates. Each advisory committee shall include at least one department employee as an ex officio member. Members may be subject to removal and/or replacement if the requirements of appointment are consistently not being met.

(f) Term of Members. Unless expressly provided in this Subchapter, or other law, each member to an agency advisory committee will serve a term of 4 years. The terms may be staggered. Members’ terms will expire at the end of 4 years or upon the termination of the advisory committee, whichever is earlier. Members may be reappointed. Members serve at the will of the Chairman and may be removed at any time by the Chairman.

(g) Presiding Officer. The presiding officer of each advisory committee shall be selected by the members of the advisory committee from its membership. The Chairman may make a recommendation to the advisory committee regarding the presiding officer.

(h) Subcommittees. The Chairman may also appoint one or more sub-committees of an advisory committee, so long as the membership of the advisory committee, including any subcommittees does not exceed 24.

(i) Meetings. Each Committee shall meet at least once a year, but may meet as often as necessary. The department ex officio member of the each advisory committee shall work with the Presiding Officer to schedule advisory committee meetings and provide adequate notice to department staff and to other members.

(j) Reports. On or before October 1 of each year of its existence, each advisory committee shall submit a report to the department. Upon receipt of the report, the department shall evaluate the advisory committee’s work, usefulness and costs related to the committee’s existence, including the cost of agency staff time spent in support of the committee’s activities. Each report shall included the following:

(1) a summary or minutes of meetings conducted during the previous fiscal year (September 1-August 30).

(2) a summary of recommendations from the advisory committee.

(3) other information determined by the advisory committee or the Chairman to be appropriate and useful.

(k) Expenses. Members of each advisory committee will serve without compensation or reimbursement for travel or other out-of-pocket expenses.

(l) Rules. For each advisory committee appointed, the commission shall adopt rules that address the purpose of the advisory committee and membership qualifications. Such rules may also address the terms of service, operating procedures, and other standards to ensure the effectiveness of an advisory committee appointed under this section.


§51.612. White-tailed Deer Advisory Committee.

(a) The White-tailed Deer Advisory Committee is created to advise the department on issues relevant to white-tailed deer and all programs involving white-tailed deer management in Texas, including problems, options, goals and planning regarding white-tailed deer.

(b) The White-tailed Deer Advisory Committee consists of no more than 24 members. The composition of the White-tailed Deer Advisory Committee shall represent, at a minimum:

(1) the ecological range of white-tailed deer in Texas;

(2) landowners;

(3) conservation and management organizations; and

(4) hunters.

(c) The White-tailed Deer Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.613. Game Bird Advisory Board.

(a) The Game Bird Advisory Board is created to advise the department regarding the following :

(1) the management, research and habitat acquisition needs of game birds and migratory game birds.

(2) development and implementation of game bird and migratory game bird regulations, research, and management.

(3) education and communications with various constituent groups and individuals interested in game birds and migratory game birds.

(b) The Game Bird Advisory Board consists of 10 members selected from members of the general public with an interest in game bird and migratory game bird management.

(c) The Game Bird Advisory Board shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.614. Texas Quail Council.

(a) The Texas Quail Council is created to advise the department on matters pertaining to the implementation of the Texas Quail Conservation Initiative, including the following:

(1) regulation, management, research, and funding needs regarding the four species of quail that occur in Texas and

(2) management, research and habitat acquisition needs of game birds and migratory game birds.

(3) education and communications with various constituent groups and individuals interested in the quail species of Texas.

(b) The Texas Quail Council consists of no more than 24 members. The composition of the Texas Quail Council shall represent:

(1) the ecological range of quail species in Texas;

(2) landowners;

(3) conservation organizations;

(4) representatives of appropriate state and federal agencies; and

(5) quail hunters.

(c) The Texas Quail Council shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.615. Private Lands Advisory Board.

(a) The Private Lands Advisory Board is created to advise the department on all matters pertaining to wildlife programs, management, and research on private lands in Texas, including the following:

(1) the development of an ecosystem approach to management of habitats;

(2) financing options for private lands programs;

(3) development and dissemination of information regarding management and research of wildlife habitat and ecosystems; and

(4) any other matters at the request of the Chairman.

(b) The Private Lands Advisory Board shall be composed of not fewer than 5 or more than 24 members representing private landowners from the various ecological regions of the state.

(c) The Private Lands Advisory Board shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.616. Bighorn Sheep Advisory Committee.

(a) The Bighorn Sheep Advisory Committee is created to advise the department about problems, alternatives, solutions and goals regarding the restoration of desert bighorn sheep to Texas.

(b) The Bighorn Sheep Advisory Committee consists of no more than 24 members. The composition of the Bighorn Sheep Advisory Committee will be comprised of the following:

(1) at least two members of the Texas Bighorn Society;

(2) at least two persons who own land in the historic range of desert bighorn sheep;

(3) university faculty and staff as necessary and appropriate; and,

(4) representatives of government agencies as necessary and appropriate.

(c) The Bighorn Sheep Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.617. Wildlife Diversity Advisory Committee

(a) The Wildlife Diversity Advisory Committee shall advise the department on matters pertaining to management, research and outreach activities related to nongame and rare species in the State of Texas, including the following:

(1) development and implementation of the wildlife diversity related projects, grants, and policy;

(2) wildlife diversity conservation and regulations;

(3) education and communications with various constituent groups and individuals interested in wildlife diversity in the state of Texas.

(b) The Wildlife Diversity Advisory Committee consists of no more than 20 members. representing landowner and conservation organizations in Texas.

(c) The Wildlife Diversity Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.621. Artificial Reef Advisory Committee

(a) The Artificial Reef Advisory Committee is created to advise the department regarding the ongoing Artificial Reef Program.

(b) The Artificial Reef Advisory Committee shall consist of no more than 10 members composed of members in the public who have an interest in the artificial reef program.

(c) The Artificial Reef Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.622. Blue Crab Advisory Committee

(a) The Blue Crab Advisory Committee is created to advise the department regarding the preparation and formulation of rules and regulations necessary to carry out the Blue Crab Management Plan.

(b) The Blue Crab Advisory Committee shall consist of no more than 10 members composed of members in the public who have an interest in the blue crab management program.

(c) The Blue Crab Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.623. Oyster Advisory Committee

(a) The Oyster Advisory Committee is created to advise the department regarding the preparation and formulation of rules and regulations necessary to carry out the Oyster Management Plan.

(b) The Oyster Advisory Committee shall consist of no more than 10 members composed of members in the public who have an interest in the oyster program.

(c) Oyster Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.624. Shrimp Advisory Committee

(a) The Shrimp Advisory Committee is created to advise the department regarding the preparation and formulation of rules and regulations necessary to carry out the Shrimp Management Plan.

(b) The Shrimp Advisory Committee shall consist of no more than 15 members composed of members in the public who have an interest in shrimp issues.

(c) The Shrimp Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.625. Coastal Resources Advisory Committee

(a) The Coastal Resources Advisory Committee is created to advise the department on issues that cross fishery and geographic boundaries on the coast of Texas.

(b) The Coastal Resources Advisory Committee shall consist of no more than 10 members composed of members in the public who have an interest in coastal resources issues. .

(c) The Coastal Resources Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.631. Freshwater Fisheries Advisory Board

(a) Texas Freshwater Fishery Advisory Board is created for the purpose of advising the department regarding all matters pertaining to freshwater fisheries management and research in the state. The Board shall also advise the department regarding the following:

(1) the development and implementation of freshwater fisheries management programs throughout the state;

(2) the development of management and research priorities;

(3) the development of priorities for expenditures of angler financed programs;

(4) the dissemination of information regarding freshwater fisheries management and research.

(b) Texas Freshwater Fishery Advisory Committee shall consist of at 6, but not more than 24 individuals representing the state's freshwater angling public, the aquaculture industry, the freshwater fishing industry, fisheries educators, and conservation groups. Each member shall serve two-year or four-year terms as designated by the Chairman, and terms may be staggered to ensure continuity.

(c) The Texas Freshwater Fishery Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.632. Texas Rivers Conservation Advisory Board

(a) Texas River Conservation Advisory Committee is created to advise the department regarding the needs of the natural riverine resources while providing abundant recreational opportunities for the public. The advisory committee’s responsibilities include the following:

(1) serving as a sounding group for the public’s interest;

(2) assisting department staff in evaluating aquatic conservation program strengths, weaknesses, and needs; and,

(3) providing advice and guidance to the department concerning program goals and objectives.

(b) Texas River Conservation Advisory Committee shall consist of 16 members which shall include the following:

(1) 3 private landowner representatives;

(2) 6 natural resource conservation organizations;

(3) 4 recreation representatives;

(4) 1 retail business, and,

(5) 2 state/federal agency representatives.

(c) The Texas Rivers Conservation Advisory Board shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.641. Texas Statewide Trails Advisory Board

(a) Texas Statewide Trails Advisory Committee is created in compliance with the Title 23, United States Code, Section 206, to advise the department regarding the distribution of federal National Recreational Trail Funds to state and local sponsors of trail projects and to assist in the development of educational materials to inform the public about trail opportunities.

(b) The Texas Statewide Trails Advisory Committee shall consist of 10 members which shall include representatives with a diverse range of trail related interests, which may include pedestrian activities, including wheelchair use; skating or skateboarding; equestrian activities, including carriage driving; nonmotorized snow trail activities; bicycling or use of other human-powered vehicles; aquatic or water activities; and motorized vehicular activities, including all-terrain vehicle riding, motorcycling, snowmobiling, use of off-road light trucks, or use of other off-road motorized vehicles.

(c) So long as the department receives federal National Recreational Trail Funds, the Texas Statewide Trails Advisory Committee shall continue unless otherwise abolished by statute.

(d) Unless otherwise required by law, the Texas Statewide Trails Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.642. San Jacinto Historical Advisory Board

(a) The San Jacinto Historical Advisory Board is created pursuant to Chapter 22, Subchapter B, Texas Parks and Wildlife Code, to review the policies and operations of the San Jacinto Battleground and to advise the department on the proper historical development of the battleground.

(b) The San Jacinto Historical Advisory Board shall consist of 5 members which shall include the chairman of the Battleship Texas Commission, the president of the San Jacinto Museum of History Association, and, three members of the public. The public members are appointed by the governor for staggered six year terms expiring in odd numbered years. One ore more of the public members may be selected from the San Jacinto Chapter of the Daughters of the Republic of Texas.

(c) The San Jacinto Advisory Board shall continue until abolished by statute.

(d) The San Jacinto Historical Advisory Board shall meet quarterly.

(e) Unless otherwise required by Chapter 22, Subchapter B, Texas Parks and Wildlife Code, the San Jacinto Historical Advisory Board shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.643 Historic Sites Advisory Committee

(a) The Historic Sites Advisory Committee is created to advise the department regarding the issues related to the State Historic Sites and the needs of the State Historic Sites.

(b) The Historic Sites Advisory Committee shall consist of up to 11 members who shall include professionals in the following fields: historic sites education, museums management, historic architecture, history, archeology, and related disciplines.

(c) The Historic Sites Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.651. Operation Game Thief Committee.

(a) The Operation Game Thief Committee is created pursuant to Texas Parks and Wildlife Code, Section 12.202 for the purpose of administering the operation game thief funds and to make reward payments and death benefit payments from that fund.

(b) The Operation Game Thief Committee shall consist of 11 members appointed by the Director in accordance with Texas Parks and Wildlife Code, Section 12.202. Members shall serve staggered terms of six years, expiring on January 31 of each odd-numbered year. The Director shall appoint the Chairman of the Operation Game Thief Committee. The Director or a department employee designated by the Director shall serve as secretary to the Operation Game Thief Committee.

(c) Operation Game Thief Committee shall continue until abolished by statute.

(d) Unless otherwise provided by Texas Parks and Wildlife Code, Section 12.202, the Operation Game Thief Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.652 Game Warden Academy Advisory Committee

(a) The Game Warden Academy Advisory Committee is created pursuant to Texas Occupations Code, Section 1701.252 for the purpose of developing a curriculum for the Game Warden Academy.

(b) The Game Warden Academy Advisory Committee shall consist of no more than 24 members. At least one third of the members of the Game Warden Academy Advisory Committee shall be public members that meet the qualifications required of a public member of the Texas Commission on Law Enforcement Office Standards and Education under the Texas Occupations Code, Section 1701.052.

(c) The Game Warden Academy Advisory Committee shall continue until abolished by statute.

(d) Unless otherwise provided by this section or by Texas Occupations Code, Section 1701.252, or the rules of Texas Commission on Law Enforcement Office Standards and Education, including Title 37, Texas Administrative Code, Section 215.7, the Game Warden Academy Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General Requirements).


§51.661. Expo Advisory Committee

(a) An Expo Advisory Committee shall be appointed each year to advise the department regarding the planning and operation of the Texas Parks & Wildlife Expo, an event to encourage and increase participation in hunting, fishing and outdoor recreation and build awareness and support for the conservation of natural, cultural and historic resources.

(b) The Expo Advisory Committee shall consist of no more than 24 members which shall include representatives from the sporting goods industry, organized youth groups, marketing and conservation organizations. Each member shall serve until November 30th of the calendar year in which the member is appointed.

(c) The Expo Advisory Committee shall comply with the requirements of §51.601 of this title (relating to General 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


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