Presenter: Ann Bright

Commission Agenda Item No. 19
Action
Advisory Committees
August 2005

I. Executive Summary: Chapter 2110 of the Texas Government Code requires that rules be adopted regarding each agency advisory committee. Staff is recommending that the Commission adopt rules regarding advisory committees as published in the July 22, 2005, issue of the Texas Register (30 Tex. Reg. 4179).

II. Discussion: The Texas Government Code requires that a state agency adopt rules 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. The statute also contains other requirements for advisory committees, such as annual evaluation, membership limit of 24 members, balanced membership representation, selection of presiding officer by members, four-year duration unless otherwise provided by rule, and automatic expiration on September 1, 2005 unless extended by rule.

To ensure compliance with Chapter 2110 of the Texas Government Code, staff is recommending the adoption of rules regarding TPWD advisory committees. The rules would set out requirements and duties of advisory committees and advisory committee members as specified in Chapter 2110 of the Government Code. The rules would also establish two types of advisory committees. The first type would consist of 20 advisory committees that would primarily advise the TPWD in carrying out its day-to-day activities. The second type would consist of 4 advisory committees that would primarily advise the Chairman and the Commission, as requested.

Department Advisory Committees

Wildlife

Coastal Fisheries

Inland Fisheries

State Parks

Law Enforcement

Communications

Chairman and Commission Advisory Committees

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

"The Texas Parks and Wildlife Commission adopts new Subchapter O (concerning Advisory Committees), in 31 Texas Administrative Code, Chapter 51 (Executive), as published in the July 22, 2005, issue of the Texas Register (30 Tex. Reg. 4179)."

Attachment – 1

  1. Exhibit A – Proposed Advisory Committee Rules

Commission Agenda Item No. 19
Exhibit A

Advisory Committee Rules
Proposal Preamble

1. Introduction.

The Texas Parks and Wildlife Department (the department) proposes new §§51.601, 51.606-51.611, 51.621-51.624, 51.631, 51.632, 51.641-51.643, 51.651, 51.652, 51.661, 51.662, and 51.671-51.674, concerning advisory committees.

The proposed new sections are necessary to implement the requirements of Government Code, Chapter 2110, and Parks and Wildlife Code, §11.0162. 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.

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 structure of department advisory groups. The department does not reimburse advisory committee members for their expenses or otherwise compensate advisory committee members.

There are two types of advisory committees used by the department, those advisory committees that advise the chairman and commission on matters of interest, and those advisory committees that advise the department on a day-to-day basis. Proposed 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 are rules governing the committees advising the department, and proposed new §§51.671-51.674 are rules governing the committees advising the chairman and the commission.

Under Government Code, Chapter 2110, 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. Government Code, Chapter 2110, 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 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 by rule or by statute, the advisory committee will be abolished on the fourth anniversary of the date of its creation, or September 1, 2005. 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.

Effective September 1, 2005, all department advisory groups appointed by the chairman of the commission (the chairman) will be abolished. Likewise, the terms of all current advisory group or task force members appointed by the chairman will expire on September 1, 2005. After the effective date of the proposed rules, the chairman may appoint members to the advisory committees established by these rules.

Because the San Jacinto Advisory Board and the Operation Game Thief Committee are established by statute and members are appointed by the governor and the executive director, respectively, these committees and their members’ terms will not expire on September 1, 2005. Similarly, the Statewide Trails Advisory Committee and the Game Warden Academy Advisory Committee are also established by statute, although the members of these two committees are appointed by the chairman. Therefore, the Statewide Trails Advisory Committee and the Game Warden Academy Advisory will not expire on September 1, 2005, but the terms of their members will expire September 1, 2005. The San Jacinto Advisory Board, the Operation Game Thief Committee, the Statewide Trails Advisory Committee and the Game Warden Academy Advisory Committee are all addressed in the proposed rules.

Proposed new §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 new rules regarding these statutorily mandated advisory committees are intended to merely track the requirements of the statutes establishing or requiring those committees.

The proposed new rules would establish six advisory committees involving wildlife issues. The White-tailed Deer Advisory Committee, as addressed in proposed new §51.606, 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 new §51.607, 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 new §51.608, 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 new §51.609, 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 new §51.610, 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 new §51.611, will advise the department on management, research and outreach activities related to nongame and rare species in the State of Texas.

The proposed new rules would establish five advisory committees involving coastal fisheries issues. The Artificial Reef Advisory Committee, as described in proposed new §51.621, will advise the department regarding the Artificial Reef Program. The Blue Crab Advisory Committee, as addressed in proposed new §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 new §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 new §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 proposed new rules would establish two advisory committees involving freshwater fisheries issues. The Freshwater Fisheries Advisory Board, as addressed in proposed new §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 new §51.632, will advise the department regarding the needs of natural riverine resources while providing abundant recreational opportunities for the public.

The proposed new rules would establish three advisory committees involving state parks issues, two of which are statutorily required. The Texas Statewide Trails Advisory Board, as addressed in proposed new §51.641, in compliance with United States Code, Title 23, §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. The San Jacinto Historical Advisory Board, as addressed in proposed new §51.642, pursuant to Texas Parks and Wildlife Code, Chapter 22, Subchapter B, 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 new §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 state historic sites.

The proposed new rules would establish two advisory committees involving law enforcement issues, both of which are statutorily required. The Operation Game Thief Committee, as addressed in proposed new §51.651 pursuant to 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 new §51.652, pursuant to Texas Occupations Code, §1701.252, will develop a curriculum for the Game Warden Academy.

The proposed new rules would establish two advisory committee involving communications issues. An Expo Advisory Committee, as addressed in proposed new §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. An Outreach, Interpretation, and Education Advisory Committee, as addressed in proposed new §51.662, will be appointed each year and will advise the department regarding efforts to educate and encourage Texans to experience, learn, and take an active role in conserving natural and cultural resources.

The proposed new rules would establish four advisory committees to advise the chairman and the commission on a variety of issues. A State Parks Advisory, as addressed in proposed new §51.671, will be appointed to advise the chairman and commission regarding state parks. A Coastal Resources Advisory Committee, as addressed in proposed new §51.672, will be appointed to advise the chairman and commission regarding issues that cross fishery and geographic boundaries on the coast of Texas. A Land Resources Advisory Committee, as addressed in proposed new §51.673, will be appointed to advise the chairman and commission regarding land resources. An Aquatic Resources Advisory Committee, as addressed in proposed new §51.674, will be appointed to advise the chairman and commission regarding aquatic resources.

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


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 Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005 and 2110.008.

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


§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—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—the chairman of the Texas Parks and Wildlife Commission.

(3) Commission —the Texas Parks and Wildlife Commission.

(4) Department—the Texas Parks and Wildlife Department.

(5) Director—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 may, in his or her sole discretion, appoint individuals to serve on an advisory committee. Membership in an advisory committee will not exceed 24 (excluding ex officio members). 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 at the discretion of the Chairman.

(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 four years. The terms may be staggered. Members’ terms will expire at the end of four 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. The terms of members appointed prior to September 1, 2005, expire on September 1, 2005.

(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 subcommittees 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; and

(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.

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 the authority of Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005, 2110.008.

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


§51.606. White-tailed Deer Advisory Committee (WTDAC).

(a) The WTDAC 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 WTDAC 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 WTDAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).

§51.607. Game Bird Advisory Board (GBAB).

(a) The GBAB 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 GBAB consists of 10 members selected from members of the general public with an interest in game bird and migratory game bird management.

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

§51.608. Texas Quail Council (TQC).

(a) The TQC 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 TQC 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 TQC shall comply with the requirements of §51.601 of this title (relating to General Requirements).

§51.609. Private Lands Advisory Board (PLAB).

(a) The PLAB 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 PLAB 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 PLAB shall comply with the requirements of §51.601 of this title (relating to General Requirements).

§51.610. Bighorn Sheep Advisory Committee (BSAC).

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

(b) The BSAC consists of no more than 24 members. The composition of the BSAC 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 BSAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).

§51.611. Wildlife Diversity Advisory Committee (WDAC).

(a) The WDAC 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 WDAC consists of no more than 20 members representing landowner and conservation organizations in Texas.

(c) The WDAC 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


The new rules are proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005, 2110.008.

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


§51.621. Artificial Reef Advisory Committee (ARAC).

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

(b) The ARAC shall consist of no more than 10 members of the public who have an interest in the artificial reef program.

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

§51.622. Blue Crab Advisory Committee (BCAC).

(a) The BCAC 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 BCAC shall consist of no more than 10 members of the public who have an interest in the blue crab management program.

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

§51.623. Oyster Advisory Committee (OAC).

(a) The OAC 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 OAC shall consist of no more than 10 members of the public who have an interest in the oyster program.

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

§51.624. Shrimp Advisory Committee (SAC).

(a) The SAC 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 SAC shall consist of no more than 15 members of the public who have an interest in shrimp issues.

(c) The SAC 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


The new rules are proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005, 2110.008.

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


§51.631. Freshwater Fisheries Advisory Board (FFAB).

(a) The FFAB 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; and

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

(b) The FFAB shall consist of at least 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 FFAB shall comply with the requirements of §51.601 of this title (relating to General Requirements).

§51.632. Texas Rivers Conservation Advisory Board (TRCAB).

(a) The TRCAB is created to advise the department regarding the needs of 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) The TRCAB shall consist of 16 members, which shall include the following:

(1) three private landowner representatives;

(2) six natural resource conservation organizations;

(3) four recreation representatives;

(4) one retail business; and

(5) two state/federal agency representatives.

(c) The TRCAB 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


The new rules are proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005, 2110.008.

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


§51.641. Texas Statewide Trails Advisory Board (TSTAB).

(a) The TSTAB is created in compliance with United States Code, Title 23, §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 TSTAB 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 TSTAB shall continue unless otherwise abolished by statute.

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

§51.642. San Jacinto Historical Advisory Board (SJHAB).

(a) The SJHAB is created pursuant to Texas Parks and Wildlife Code, Chapter 22, Subchapter B, 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 SJHAB shall consist of five 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 SJHAB shall continue until abolished by statute.

(d) The SJHAB shall meet quarterly.

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

§51.643. Historic Sites Advisory Committee (HSAC).

(a) The HSAC is created to advise the department regarding the issues related to state historic sites and the needs of the state historic sites.

(b) The HSAC 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 HSAC 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


The new rules are proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005, 2110.008.

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


§51.651. Operation Game Thief Committee (OGTC).

(a) The OGTC is created pursuant to Parks and Wildlife Code, §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 OGTC shall consist of 11 members appointed by the director in accordance with Parks and Wildlife Code, §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 OGTC. The director or a department employee designated by the director shall serve as secretary to the OGTC.

(c) The OGTC shall continue until abolished by statute.

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

§51.652. Game Warden Academy Advisory Committee (GWAAC).

(a) The GWAAC is created pursuant to Occupations Code, §1701.252 for the purpose of developing a curriculum for the Game Warden Academy.

(b) The GWAAC 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 Occupations Code, §1701.052.

(c) The GWAAC shall continue until abolished by statute.

(d) Unless otherwise provided by this section or by Occupations Code, §1701.252, or the rules of Texas Commission on Law Enforcement Office Standards and Education, including 37 TAC §215.7, the GWAAC 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


The new rules are proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005, 2110.008.

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


§51.661. Expo Advisory Committee (EAC).

(a) The EAC shall be appointed each year to 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.

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

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

§51.662. Outreach, Interpretation, and Education Advisory Committee (OIEAC).

(a) The OIEAC is appointed to advise the department regarding efforts to educate and encourage Texans to experience, learn, and take an active role in conserving Texas’ natural and cultural resources.

(b) The OIEAC shall consist of no more than 24 members.

(c) The OIEAC 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


The new rules are proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005, 2110.008.

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


§51.671. State Parks Advisory Committee (SPAC).

(a) The SPAC is appointed to advise the chairman and the commission regarding state parks.

(b) The SPAC shall consist of no more than 24 members.

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

§51.672. Coastal Resources Advisory Committee (CRAC)

(a) The CRAC is created to advise the chairman and the commission on issues that cross fishery and geographic boundaries on the coast of Texas.

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

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

§51.673. Land Resources Advisory Committee (LRAC).

(a) The LRAC is appointed to advise the chairman and the commission on issues affecting land resources.

(b) The LRAC shall consist of no more than 24 members.

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

§51.674. Aquatic Resources Advisory Committee (ARAC).

(a) The ARAC is appointed to advise the chairman and the commission regarding aquatic resources.

(b) The ARAC shall consist of no more than 24 members.

(c) The ARAC 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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