Commission Agenda Item No. 3
Presenter:  Scott Boruff

Action
Advisory Committee Rules — Extension of Certain
Advisory Committees for 4 Years
August 26, 2010

I.       Executive Summary:  Texas Parks and Wildlife Department (TPWD) staff is seeking adoption to extend the duration of agency advisory committees for four years.

II.     Discussion:  Section 11.0162 of the Parks and Wildlife Code authorizes the Chairman of the Texas Parks and Wildlife Commission (the Commission) to “appoint committees to advise the Commission on issues under its jurisdiction.”  Chapter 2110 of the Texas Government Code requires that rules be adopted regarding each state 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.  Other requirements for advisory committees include an annual evaluation, a membership limit of 24 members, balanced membership representation, the selection of a presiding officer by members and a four-year duration unless otherwise provided by rule.

In August 2009, the Commission adopted a one-year extension of the advisory committees for the TPWD and the Commission that will expire September 30, 2010.

III.    Recommendation:  Staff recommends that the Commission adopt the proposed motion:

“The Texas Parks and Wildlife Commission adopts amendments to §51.601, 51.606-51.611, 51.631, 51.643, 51.671, and 51.672, concerning advisory committees, with changes as necessary to the proposed text, as published in the July 16, 2010, issue of the Texas Register (35 TexReg 6277).”

                                                                  Attachments – 1

                                                                  1.  Exhibit A – Proposed Rules


Commission Agenda Item No. 3
Exhibit A

ADVISORY COMMITTEE RULES
PROPOSAL PREAMBLE

1. Introduction.

         The Texas Parks and Wildlife Department (the department) proposes amendments to §§51.606-51.611, 51.631, 51.643, 51.671, and 51.672, concerning advisory committees. The proposed amendments would establish an expiration date of October 1, 2014 for the following advisory committees: White-tailed Deer Advisory Committee (WTDAC), Migratory Game Bird Advisory Committee (MGBAC), Upland Game Bird Advisory Committee (UGBAC), Private Lands Advisory Committee (PLAC), Bighorn Sheep Advisory Committee (BSAC), Wildlife Diversity Advisory Committee (WDAC), Freshwater Fisheries Advisory Committee (FFAC), Historic Sites Advisory Committee (HSAC), State Parks Advisory Committee (SPAC), and Coastal Resources Advisory Committee (CRAC).  Under current rules, entities advising the department are referred to as either “boards” or “committees.” To be consistent, the proposed amendments would also designate all advisory entities in the rules as “committees.”

         Parks and Wildlife Code, §11.062, authorizes the Chairman of the Texas Parks and Wildlife Commission (the Commission) to "appoint committees to advise the Commission on issues under its jurisdiction." Government Code, Chapter 2110, requires that rules be adopted regarding each state 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 2009, the Commission adopted an amendment to §51.601, concerning General Provisions, that established a generic expiration date of October 1, 2010 for advisory committees of the department, unless otherwise specifically specified. The department seeks to extend their expiration dates of the listed committees so that they may continue to function.  The change in the title of some committees from “Board” to Committee” is for the purpose of consistency.

2. Fiscal Note.

         Scott Boruff, Deputy Executive Director for Operations, has determined that for each of the first five years the amendments are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

3. Public Benefit/Cost Note.

         Mr. Boruff 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) There will be no adverse economic effect on persons required to comply with the amendments as proposed.

         (C) The department has determined that small or micro-businesses will not be affected by the proposed rules. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

         (D) 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.

         (E) 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.

         (F) 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 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 Parks and Wildlife Code, §11.0162 and Government Code, §2110.005 and §2110.008.

         The proposed amendments 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 membership 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).

                 (d) The WTDAC shall expire on October 1, 2014.

         §51.607. Migratory Game Bird Advisory Committee (MGBAC) [Board (MGBAB)].

                 (a) The MGBAC[MGBABC] is created to advise the department regarding the following :

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

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

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

                 (b) The MGBAC[MGBAB] consists of members selected from members of the general public with an interest migratory game bird management.

                 (c) The MGBAC[MGBAB] shall comply with the requirements of §51.601 of this title (relating to General Requirements).

                 (d) The MGBAB shall expire on October 1, 2014.

         §51.608. Upland Game Bird Advisory Committee (UGBAC)[Board (UGBAB)]

                 (a) The MGBAC[(UGBAB)] is created to advise the department on matters pertaining to the following:

                         (1) regulation, management, research, and funding needs regarding upland game bird species that occur in Texas;

                         (2) management, research and habitat acquisition needs of upland game birds; and

                         (3) education and communications with various constituent groups and individuals interested in upland game bird species of Texas.

                 (b) The composition of the MGBAC[(UGBAB)] shall represent:(UGBAB)

                         (1) the ecological range of upland game bird species in Texas;

                         (2) landowners;

                         (3) conservation organizations;

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

                         (5) upland game bird hunters.

                 (c) The UGBAC[(UGBAB)] shall comply with the requirements of §51.601 of this title (relating to General Requirements).

                 (d) The UGBAC shall expire on October 1, 2014.

         §51.609. Private Lands Advisory Committee (PLAC)[Board (PLAB)].

                 (a) The PLAC[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 PLAC[PLAB] shall be composed of not fewer than 5 members representing private landowners from the various ecological regions of the state.

                 (c) The PLAC[PLAB] shall comply with the requirements of §51.601 of this title (relating to General Requirements).

                 (d) The PLAC shall expire on October 1, 2014.

         §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 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).

                 (d) The BSAC shall expire on October 1, 2014.

         §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 composition of the WDAC shall represent landowner and conservation organizations in Texas.

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

                 (d) The WDAC shall expire on October 1, 2014.

         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 amendment is proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §2110.005 and §2110.008.

         The proposed amendment affects Parks and Wildlife Code, §11.0162.

         §51.631. Freshwater Fisheries Advisory Committee (FFAC)[Board (FFAB)].

                 (a) The FFAC[(FFAB)] is created for the purpose of advising the department regarding all matters pertaining to freshwater fisheries management and research in the state. The FFAC[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 FFAC[(FFAB)] shall consist of 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 FFAC[(FFAB)] shall comply with the requirements of §51.601 of this title (relating to General Requirements).

                 (d) The FFAC shall expire on October 1, 2014.

         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 amendment is proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §2110.005 and §2110.008.

         The proposed amendment affects Parks and Wildlife Code, §11.0162.

         §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

                 (d) The HSAC shall expire on October 1, 2014.

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

         The proposed amendments 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 comply with the requirements of §51.601 of this title (relating to General Requirements).

                 (c) The SPAC shall expire on October 1, 2014.

         §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 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).

                 (d) The CRAC shall expire on October 1, 2014.

                 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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