Presenter: Ann Bright

Commission Agenda Item No. 10
Action
Texas Parks and Wildlife Commission Policy Amendments
November 2005

I. Executive Summary: To ensure that Commission policies are consistent with current practice and state law, staff is recommending revisions to Commission Policies CP-010 and CP-005.

II. Discussion: Under the Texas Parks and Wildlife Code, employees of the Texas Parks and Wildlife Department serve at the will of the Executive Director. Therefore, staff recommends that Commission Policy CP-010 be revised to reflect the at-will status of Department employees. Staff also recommends that Commission Policy CP-010 be revised to clarify the authority of the Executive Director to execute a variety of contract types, rather than only contracts for services. The Texas Parks and Wildlife Code authorizes the Executive Director to appoint staff as “necessary for administering the duties and services of the department.” Tex. Parks & Wild. Code §11.018. Staff therefore recommends that Commission Policy CP-010 be revised to clarify the authority of the Executive Director to delegate administrative functions. Also, staff recommends that the word “directives” be replaced with the word “policy” to reflect current agency nomenclature. In addition, based on the legal definition of “officer,” there would be no officers to whom the Executive Director would delegate functions; therefore, staff recommends that the word “officer” be deleted.

Commission policy CP-005 addresses reimbursement for Commissioners’ travel expenses. The level of reimbursement of Commissioners’ travel expenses is dictated by the biennial General Appropriations Act. Rather than amend the Commission travel policy with each adjustment in reimbursement rates, staff recommends that specific reimbursement rates be deleted and that language be added to clarify that only those Commission expenses authorized by the General Appropriations Act may be reimbursed.

III. Recommendation The staff recommends that Commission Policy CP-010 and CP-005 be revised as set forth in the attached resolution by adoption of the following motion:

“The Texas Parks and Wildlife Commission adopts by resolution (Exhibit A) the revisions to Commission policies CP-010 and CP-005 (Exhibit B).”

Attachments - 2

  1. Exhibit A - Resolution
  2. Exhibit B - Amended Policies

Commission Agenda Item No. 10
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission
Adopting Amendments to Commission Policies

Whereas, the Texas Parks and Wildlife Commission (the Commission) is authorized to adopt policies governing the activities of the Commission;

Whereas, the Commission has adopted policies governing the functions of the Executive Director and reimbursement for Commissioners’ travel expenses;

Whereas, staff has recommended that the Commission policies governing the functions of the Executive Director (CP-010) and reimbursement for Commissioners’ travel expenses (CP-005) be amended to more accurately reflect current law and agency practice;

Now, therefore, be it resolved that the Texas Parks and Wildlife Commission adopts the changes to the Commission policies CP-010 and CP-005 as attached hereto.

In official recognition hereof, we hereby affix our signatures this 3rd day of November 2005.

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Joseph B. C. Fitzsimons, Chairman

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Mark E. Bivins, Member

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J. Robert Brown, Member

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T. Dan Friedkin, Member

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Ned S. Holmes, Member

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Peter M. Holt, Member

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Philip Montgomery, III, Member

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John D. Parker, Member

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Donato D. Ramos, Member


Commission Agenda Item No. 10
Exhibit B

CP-010
The Role of the Executive Director in Relation to
the Commission and the Public

The Executive Director is accountable to the Commission for the overall operation of the Department. He/She acts as liaison between the Commission and the staff in accordance with the policies hereinabove set forth.

CP-005
Travel of Commission Members

Members of the commission are entitled to reimbursement for their actual expenses incurred in attending meetings and to the per diem as provided in the General Appropriations Act. § 11.016, Parks and Wildlife Code. Only those expenses authorized by the General Appropriations Act may be reimbursed.

Travel to Regular and Special Commission Meetings

Commission members are entitled to receive reimbursement for their actual expenses, not to exceed $110.00 per day for meals and lodging, plus transportation costs:

In addition, Commission members are entitled to receive compensatory per diem in the amount of $30.00 in accordance with § 11.016, Parks and Wildlife Code, and the appropriations bill.

Travel to Committee Meetings

Each Commission member shall be entitled to attend authorized committee meetings dealing with programs of the Department and receive reimbursement for actual and necessary expenses incurred. No compensatory per diem is allowed.


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