Presenter: Ann Bright

Commission Agenda Item No. 8
Action
Rule Review – Chapters 51, 55 and 61
November 2004

I. Executive Summary: Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years. A state agency's review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist. Notices of proposed review of Chapter 51-Executive, Chapter 55-Law Enforcement, and Chapter 61-Design and Construction were published in the Texas Register (29 Tex.Reg. 2389, 7153). In August, after review of these rules, staff recommended publication of proposed repeals, amendments and new sections in the Texas Register. These proposals were published in the Texas Register on October 1, 2004 (29 Tex.Reg. 9339).

II. Discussion:
Completed Rule Review
TPWD staff recommends the adoption of the completed rule review of Chapters 51, 55 and 61.

Adoption of Changes
TPWD staff recommends the adoption of the following changes to chapters, 51, 55 and 61.

Chapter 51, Executive:

Chapter 55, Law Enforcement

Chapter 61, Design and Construction

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

"The Texas Parks and Wildlife Commission adopts the following (1) amendments to §51.2, 51.3, 51.60, 51.141, 61.23, 61.24; (2) repeal of Subchapters C, D and H of Chapter 51 and Subchapters J and K of Chapter 55; (3) new Subchapters C, D, and N regarding Employee Fundraising and Sponsorships, Education, and Employee Training, respectively. The Texas Parks and Wildlife Commission also adopts the completed rule review of Chapters 51, 55 and 61."


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