Presenter: Tim Hogsett

Commission Agenda Item No. 6
Action
Equipment and Maintenance Provider Rules
November 2007

I. Executive Summary: Section 18 of House Bill 12, enacted by the 80th Texas Legislature (2007), amended the Parks and Wildlife Code by adding sections 11.251 and 11.252, which require TPWD to establish by rule an equipment review system and a maintenance provider review system. Proposed rules were published in the Texas Register on Friday, October 5, 2007 (32 Tex. Reg. 6999, 7001). TPWD staff will be seeking Commission approval of the adoption of these rules.

II. Discussion: New section 11.251 of the Parks and Wildlife Code requires TPWD to enact rules to establish an equipment review system through which the department annually determines whether any of the department's maintenance equipment has become outdated. Therefore, the proposed equipment review rules are intended to establish a system to ensure that TPWD properly disposes of outdated equipment.

Similarly, new section 11.252 of the Parks and Wildlife Code requires TPWD to enact rules to establish a maintenance provider review system through which the department annually determines whether a maintenance task performed by TPWD staff could be performed by a third-party contractor in a manner that is more cost-effective and that yields a result that is equal to or greater than the quality of the result produced by TPWD. Therefore, the proposed maintenance provider rules are intended to establish a system to determine if certain maintenance tasks performed by TPWD staff would be more appropriately performed by a private contractor.

III. Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts §§60.2-60.4 and §60.10-60.11, with changes as necessary to the proposed text as published in the October 5, 2007, issue of the Texas Register (32 Tex. Reg. 6999, 7001)."

Attachments - 2

  1. Exhibit A – Proposed Equipment Review Rules
  2. Exhibit B – Proposed Maintenance Provider Review Rules

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