Commission Agenda Item No. 4
Presenter:  Ann Bright

Action
Rule Review — Recommended Adoption of Proposed Changes
January 24, 2013

I.       Executive Summary:  TPWD staff is seeking adoption of amendments to Chapters 53 and 59 of TPWD rules following the review of TPWD rules in Chapters 53, 59, and 69.  TPWD staff is also seeking adoption of the completed review of rules in those chapters.

II.      Discussion:  Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years.  The review must include an assessment of whether the reasons for initially adopting a rule continue to exist.  Regulations must be readopted, adopted with changes, or repealed, based on the review.

In November 2012, following staff’s review of the rules in Chapter 53-Finance, Chapter 59-Parks, and Chapter 69-Resource Protection, the Commission authorized staff to publish proposed changes to Chapters 53 and 59 in the Texas Register.  Staff did not recommend changes to Chapter 69.  Staff is now seeking adoption to the proposed changes in Chapters 53 and 59, and adoption of the completed review of rules in Chapters 53, 59, 69.

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

“The Texas Parks and Wildlife Commission adopts amendments to §§53.2, 53.3, 53.5-53.7, 53.30, 53.60, 53.90, 59.3, and 59.221 as published in the December 21, 2012, issue of the Texas Register (37 Tex.Reg. 9853-9857, 9860-9861), with changes as necessary to the proposed text, and also adopts the completed rule review of Chapters 53, 59, and 69 of the Texas Parks and Wildlife Department rules (Title 31, Part II of the Texas Administrative Code).”

Attachments – 3

  1. Exhibit A — Chapter 53 Proposed Rule Amendments (§§53.2, 53.3, 53.30, 53.60, and 53.90)
  2. Exhibit B — Chapter 53 Proposed Rule Amendments (§§53.5-53.7)
  3. Exhibit C — Chapter 59 Proposed Rule Amendments

Commission Agenda Item No. 4
Exhibit A

LEGISLATIVE RULES REVIEW

CHAPTER 53. FINANCE

PROPOSAL PREAMBLE

1. Introduction.
         The Texas Parks and Wildlife Department proposes amendments to §§53.2, 53.3, 53.30, 53.60, and 53.90, concerning Fees.

         The proposed amendments are a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires a state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

         The proposed amendment to §53.2, concerning License Issuance Procedures, Fees, Possession and Exemption Rules, would alter subsection (c) to clarify that the term “electronically,” when used in the context of license and stamp issuance, includes issuance on-line as well as by telephone. The proposed amendment also eliminates references to “designated representatives” with respect to electronic sales. The department does not utilize third parties to sell licenses over the phone or online.

         The proposed amendment to §53.3, concerning Combination Hunting and Fishing License Packages, would alter paragraphs (4)-(6) and (8) to clarify that the hunting license included in the resident senior combination hunting and freshwater fishing package, the resident senior combination hunting and saltwater fishing package, the resident senior combination hunting and "all water" fishing package, and the resident senior super combination hunting and "all water" fishing package is a senior hunting license.

         The proposed amendment to §53.30, concerning Facility Admission and Use Fees, would remove Old Tunnel Wildlife Management Area (WMA), Mason Mountain WMA, and Parrie Haynes Ranch from the subchapter and eliminate the fees established for public use of those facilities. Old Tunnel has been transferred to the inventory of state parks and is no longer a WMA; entrance and user fees for state parks are addressed in Chapter 59. Prior to 2010, Mason Mountain WMA was not operated as a federal project under the Federal Aid in Wildlife Restoration Act (commonly referred to as the Pittman-Robertson Act, or “PR”).  In order to accommodate budgetary restraints with respect to the availability of appropriated state funds, the department determined that it was necessary to operate Mason Mountain WMA as a PR project. Under the rules of the federal program, “program income” (defined as “gross income received by the grantee directly generated by a grant-supported activity or earned only as a result of the grant agreement during the grant period”) is counted against the federal share of the project cost, which increases the amount of state dollars that must be spent to gain federal matching funds. Therefore, eliminating the fees for Mason Mountain WMA will result in the department obtaining the maximum amount of federal funds for operation of the WMA. The Parrie Haynes Ranch property is no longer being leased by the department and there is therefore no reason to retain the fee rules for the property.

         The proposed amendment to §53.60, concerning Stamps, would insert language to reflect the correct name of the saltwater sportfishing stamp.

         The proposed amendment to §53.90, concerning Display of Registration Validation Sticker, would restructure subsection (a) to provide more detail as to the types of vessels and persons that are exempt from registration display requirements. Under Parks and Wildlife Code, §31.022(b),  the department may exempt a vessel if it belongs to a class of vessels that would be exempt from numbering under a numbering system of an agency of the federal government if it were subject to federal law. The intent of the current rule is to exempt vessels that are not required to be numbered by the United States Coast Guard (USCG). In order to be clear as to what classes of vessels are exempt from state display requirements, the proposed amendment identifies specific classes of vessels that are exempt from USCG requirements.

2. Fiscal Note.

         Julie Horsley, Director of Planning and Analysis, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the rules.

3. Public Benefit/Cost Note.

         Ms. Horsley also has 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 accurate rules.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic affect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, commission considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

         The department has determined that there will be no adverse economic effects on small businesses, microbusinesses, or persons required to comply with the rules as proposed. The rules are nonsubstantive in nature. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

         (C) The department has not drafted a local employment impact statement under 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 Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

         (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.

4. Request for Public Comment.

         Comments on the proposed rules may be submitted to Ms. Julie Horsley, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4913 (e-mail: julie.horsley@tpwd.state.tx.us).

5. Statutory Authority.

         The amendments are proposed under the authority of Parks and Wildlife Code, §12.701, which allows the department to authorize the issuance of a license, stamp, permit, or tag by a license deputy; and §50.001, which authorizes the department to issue combination hunting and fishing licenses and license packages.

         The proposed amendments affect Parks and Wildlife Code, Chapters 12 and 50.

6. Text.

         §53.2 License Issuance Procedures, Fees, Possession and Exemption Rules.

                 (a) – (b) (No change.)

                 (c) Issuance of licenses and stamps electronically (on-line or[including]  by telephone).

                         (1) A person may acquire recreational hunting and/or fishing licenses electronically from the department [or its designated representatives] by agreeing to pay a convenience fee of up to $5 per license in addition to the normal license fee.

                         (2) A person may acquire recreational hunting and/or fishing stamps electronically from the department [or its designated representatives] by agreeing to pay a convenience fee of up to $5 per stamp order in addition to the normal stamp fee(s). This fee shall not be charged if a license is acquired during the same transaction.

                 (d) – (f) (No change.)

         §53.3. Combination Hunting and Fishing License Packages. Combination hunting and fishing license packages may be priced at an amount less than the sum of the license and stamp prices of the individual licenses and stamps included in the package.

                 (1) – (3) (No change.)

                 (4) Resident senior combination hunting and freshwater fishing package — $16. Package consists of a senior resident hunting license, a resident fishing license and a freshwater fish stamp;

                 (5) Resident senior combination hunting and saltwater fishing package — $21. Package consists of a senior resident hunting license, a resident fishing license, a saltwater sportfishing stamp, and a red drum tag;

                 (6) Resident senior combination hunting and "all water" fishing package — $26. Package consists of a senior resident hunting license, a resident fishing license, a freshwater fish stamp, a saltwater sportfishing stamp, and a red drum tag;

                 (7) (No change.)

                 (8) Resident senior super combination hunting and "all water" fishing package — $32. Package consists of a senior resident hunting license, a migratory game bird stamp, an upland game bird stamp, an archery stamp, a senior resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum tag;

                 (9) – (11) (No change.)

         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, §11.027, which authorizes the commission to establish a fee for entering, reserving, or using a facility or property owned or managed by the department.

         The proposed amendment affects Parks and Wildlife Code, Chapter 11.

         §53.30. Facility Admission and Use Fees.

                 (a) (No change.)

                 (b) As determined and authorized by the executive director, the department may charge entrance and facility use fees within the ranges established or the amounts specified in this section.

                         (1) – (2) (No change.)

                         [(3) Old Tunnel Wildlife Management Area. Entrance fees:]

                                  [(A) upper visitation area — free; and]

                                  [(B) lower visitation area — $5.]

                         [(4) Mason Mountain Wildlife Management Area.]

                                  [(A) bunk (per night) — $20 to $24;]

                                  [(B) room (per night) — $60 to $72; and]

                                  [(C) Big House rental — $300 to $360 per day.]

                         [(5) Parrie Haynes Ranch.]

                                  [(A) Definitions.]

                                          [(i) Rig — a vehicle/horse trailer tandem;]

                                          [(ii) Volunteer — a person the department has authorized to access the Parrie Haynes Ranch to provide maintenance, development, program delivery, or other similar assistance to the Parrie Haynes Ranch; and]

                                          [(iii) Youth group — a group at least 60% of which are 17 years of age or younger.]

                                  [(B) General. Use of the Parrie Haynes Ranch facilities listed in subparagraphs (C), (D) and (F) of this paragraph is on an as-available basis by reservation only.]

                                  [(C) Facility fees. On the basis of availability, use of the Longhorn Lodge, Hoblitzelle Activity Pavilion, Rio Vista Hall, Buffalo Bunkhouse Meeting Rooms, and Pool is included for groups of 25 or more persons who purchase lodging and meals at the Hilltop Complex.]

                                          [(i) Lodging.]

                                                   [(I) Mountain Laurel House — $150 to $250 per 24-hour period;]

[(II) Lone Star House — $250 to $400 per 24-hour period;]

                                                   [(III) Buffalo Bunkhouse — $300 to $600 per 24-hour period;]

                                                   [(IV) Cabins (Llano, Frio, Comal, Lantana, Primrose, Rattlesnake, Hawk, Coyote, and Bobcat) — $300 to $500 per 24-hour period, subject to applicable occupancy restrictions; and]

                                                   [(V) Rustic Hunter’s Cabin — $50 to $100 per 24-hour period.]

                                          [(ii) Other facilities.]

                                                   [(I) Longhorn Lodge (classroom) — $150 to $250 per 24-hour period;]

                                                   [(II) Hoblitzelle Activity Pavilion — $100 to $150 per 24-hour period;]

                                                   [(III) Buffalo Bunkhouse (meeting rooms) — $50 to $150 per 24-hour period;]

                                                   [(IV) Rio Vista Hall — $150 to $250 per 24-hour period;]

                                                   [(V) pool — $150 to $250 per 24-hour period (lifeguard not provided).]

                                          [(iii) Miscellaneous.]

                                                   [(I) kayak rental — $10 to $40 per kayak per 24-hour period;]

                                                   [(II) ropes challenge course — $10 to $40 per person per 24-hour period (must be accompanied by or include at least one certified facilitator provided by the user).]

                                                   [(III) shooting range — $10 to $40 per person per 24-hour period (must be accompanied by or include at least one person, provided by the user, who is certified by the department or the National Rifle Association as a hunter education instructor); and]

                                                   [(IV) Hilltop equestrian arena — $200 to $300 per 24-hour period.]

                                                   [(V) Youth Hunting Package (maximum: two nights, lodging (Rustic Hunter’s Cabin) and hunting only) — $20 to $60 per person per 48-hour period;]

                                  [(D) camping and day use:]

                                          [(i) camping:]

                                                   [(I) primitive — $5 to $20 per person per 24-hour period; and]

                                                   [(II) RV/electrical connection — $16 to $30 per 24-hour period.]

                                          [(ii) day use: $3 to $15 per person per 24-hour period.]

                                  [(E) Equestrian Center fees. When necessary to address staffing and management priorities, the Executive Director by order may close the equestrian center to overnight visitation and waive the fees established in this subparagraph.]

                                          [(i) Day use (includes overnight, no lodging) — $10 to $20 per 24-hour period per rig;]

                                          [(ii) Overnight (with electrical hook-up) — $16 to $30 per 24-hour period per rig;]

                                          [(iii) Extra vehicle — $5 to $15 per 24-hour period;]

                                          [(iv) Cowboy Cabin — $20 to $40 per 24-hour period;]

                                          [(v) Hideout Clubhouse (including porch) — $120 to $200 per 24-hour period; and]

                                          [(vi) Hideout Clubhouse (porch only) — $60 to $80 per 24-hour period.]

                                  [(F) Meals.]

                                          [(i) Meal fees shall be from $5 to $25 per person per meal, depending on the meal plan selected.]

                                          [(ii) For groups of fewer than 25 people, the minimum meal fee shall be the fee that would be charged to a group of 25 persons, depending on the meal plan selected.]

                                  [(G) Exceptions.]

                                          [(i) The fees listed in subparagraph (C)(i) of this paragraph shall be discounted by 40% for youth groups.]

                                          [(ii) Use of the Parrie Haynes Ranch by governmental entities shall be by agreement according to the relevant provisions of Government Code, Chapters 771 and 791, regarding Interagency Cooperation and Interlocal Cooperation.]

                                          [(iii) Volunteers are exempt from all fee requirements.]

                                          [(iv) Existing subleases of Parrie Haynes Ranch approved by the Texas Youth Commission are exempt from the provisions of 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 amendment is proposed under the authority of Parks and Wildlife Code, §46.002, which establishes statutory exceptions to fishing license requirements.

         The proposed amendment affects Parks and Wildlife Code, Chapter 46.

                 §53.60. Stamps.

                         (a) – (d) (No change.)

                         (e) Stamp Exemptions.

                                  (1) – (5) (No change.)

                                  (6) All persons meeting the definition of a qualified disabled veteran under the provisions of Parks and Wildlife Code, §42.012(c), are exempt from the fees for the following stamps:

                                          (A) migratory game bird stamp;

                                          (B) upland game bird stamp;

                                          (C) archery;

                                          (D) saltwater sportfishing [fishing]; and

                                          (E) (No change.)

                                  (7) All Texas residents on active duty in the armed forces of the United States (including members of the Reserves and National Guard on active duty) are exempt from the fees for the following stamps:

                                          (A) – (C) (No change.)

                                          (D) saltwater sportfishing [fishing]; and

                                          (E) (No change.)

                                  (8) – (9) (No change.)

                         (f) – (g) (No change.)

         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, §31.022, which authorizes the department to exempt certain vessels from the numbering requirements established under Chapter 31.

         The proposed amendment affects Parks and Wildlife Code, Chapter 31.

         §53.90. Display of Registration Validation Sticker.

                 (a) Documented vessels are required to display the registration validation sticker on both sides of the bow and maintain current documentation through the United States Coast Guard or display the state-assigned TX numbering series with the decal. The following are exempt from registration requirements:

                         (1) commercial tugboats;

                         (2) [Commercial vessels used in coastal shipping and] vessels exceeding 115 feet in length; and

                         (3) pilot or crew boats transporting freight, supplies, or personnel to or from cargo ships, freighters, or offshore oil infrastructure. [are exempt from registration requirements.]

                         (b) For the purposes of this section, vessel length is the length of the vessel listed on the United States Coast Guard national documentation.

                         (c)[(b)] Vessels registered as antique boats are permitted to display the registration validation sticker on the left portion of the windshield. In the absence of a windshield, the registration validation sticker must be attached to the certificate of number and made available for inspection when the boat is operated on public water.

         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


Commission Agenda Item No. 4
Exhibit B

LEGISLATIVE RULES REVIEW

CHAPTER 53. FINANCE

PROPOSAL PREAMBLE

1. Introduction.
         The Texas Parks and Wildlife Department proposes an amendment to §53.5-53.7, concerning Fees. The proposed amendments are a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires a state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

         The proposed amendment to §53.5, concerning Recreational Hunting Licenses, Stamps and Tags, would establish the fee for a replacement senior resident hunting license or replacement youth hunting license at $6. Parks and Wildlife Code, §42.017(d) provides that the fee for duplicate licenses or tags issued under Chapter 42 is $5 or an amount set by the Commission, whichever is more. Under current §53.5(a)(4), the fee for a replacement hunting license is $10. The department has determined that the fee to replace a license should not be more than the license originally cost to obtain.

         The proposed amendment to §53.6, concerning Recreational Fishing Licenses, Stamps, and Tags, would establish the fee for a replacement special resident all-water fishing package at $6. Parks and Wildlife Code, §46.006(a) provides that the fee for duplicate licenses or tags issued under authority of Chapter 46 is $5 or an amount set by the commission, whichever is more. Under §53.6(c)(14), the fee to replace a fishing licenses or package is $10. The department has determined that the fee to replace a license should not be more than the license originally cost to obtain. The proposed amendment also makes nonsubstantive changes in subsections (b)(2) and (c)(7) for purposes of grammatical consistency.

         The proposed amendment to §53.7, concerning Furbearing Animal Licenses and Permits, would correct the fee amount for the nonresident wholesale dealer’s license to reflect the minimum fee required by statute. Under Parks and Wildlife Code, §71.009, the fee for a nonresident wholesale dealer’s license is $400.75 or an amount set by the commission, whichever is higher. In 2007, the department received a petition for rulemaking from the Texas Fur Trappers and Fur Hunters that requested a reduction of the nonresident wholesale dealer’s license fee as an incentive to encourage nonresident interest in the furbearing animal trade in Texas. In response, the department promulgated a fee reduction to $250. In 2009, as part of a general fee increase for all licenses and permits, the fee amount was increased to $263. The legislative rule review revealed the discrepancy between the current fee amount and the statutory minimum. The proposed amendment would establish the fee at $401, which is the statutory minimum rounded upwards to the nearest whole dollar for accounting and audit purposes.

2. Fiscal Note.

         Julie Horsley, Director of Planning and Analysis , has determined that for each of the first five years that the rules as proposed are in effect, there will be fiscal implications to state government as a result of enforcing or administering the rules.

         For the amendment to §53.5, the fiscal implications to the department are estimated to be a reduction in revenue of between $10,572 and $12,150 per year, based on license sales data from 2010, 2011, and 2012. This figure was derived by multiplying the lowest and highest annual sales of the replacement senior resident hunting license and youth hunting license  by $4, which is the difference between the current cost of a duplicate license and the cost of a duplicate license under the proposed amendment, then adjusting for amounts retained by license deputies.

         For the amendment to §53.6, the fiscal implications to the department are estimated to be a reduction in revenue of between $50 and $96 per year, based on license sales data from 2010, 2011, and 2012. This figure was derived by multiplying the lowest and highest annual sales of the replacement special resident all water fishing package  by $4, which is the difference between the current cost of a replacement license and the cost of a replacement license under the proposed amendment, then adjusting for amounts retained by license deputies.

         For the amendment to §53.7, the fiscal implications to the department will be positive, assuming sales of the nonresident wholesale fur dealer’s license increase or remain stable, since the proposed amendment would increase the fee for that license. The department estimates that the amendment will result in a revenue increase between $132 and $530 per year, based on license sales data from 2010, 2011, and 2012. The department has sold not more than four or less than one nonresident wholesale fur dealer’s licenses per year in that time.

         There will be no fiscal implications for other units of state or local government as a result of enforcing or administering the rules.

3. Public Benefit/Cost Note.

         Ms. Horsley also has determined that for each of the first five years the rule as proposed is in effect:

         (A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be rules that accurately reflect their statutory basis.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic affect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, commission considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

         With respect to the proposed amendments to §53.5 and §53.6, there will be no adverse economic impacts to small businesses or microbusinesses, as the proposed amendments affect the issuance of replacement licenses that extend a noncommercial privilege to enjoy public resources, and in any event represent a reduction of $4 from the current cost of obtaining a replacement senior resident hunting license, youth hunting license or special resident all-water fishing license. There will be no adverse economic impacts to persons required to comply with the amendments as proposed.

         With respect to the proposed amendment to §53.7, there will be an adverse economic effect on small businesses, microbusinesses, and persons required to comply with the rule as proposed; however, since the rule establishes a fee that is the minimum value allowable by statute, any adverse economic impact is a result of statutory rather than regulatory requirements. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

         (C) The department has not drafted a local employment impact statement under 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 Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

         (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.

4. Request for Public Comment.

         Comments on the proposed rules may be submitted to Ms. Julie Horsley, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4913 (e-mail: julie.horsley@tpwd.state.tx.us).

5. Statutory Authority.

         The amendments are proposed under the authority of Parks and Wildlife Code, §§42.017, which authorizes the commission to establish a fee for a duplicate hunting license or tag; 43.403, which authorizes the commission to establish a fee for the saltwater sportfishing stamp when that fee is in excess of $5; and 46.006, which authorizes the commission to establish a fee for duplicate fishing licenses and tags; and §71.009, which authorizes the commission to set a fee of $400.75 or greater for a nonresident wholesale fur dealer’s license.

         The proposed amendments affect Parks and Wildlife Code, Chapters 42, 43, 46, and 71.

6. Text.

         §53.5. Recreational Hunting Licenses, Stamps, and Tags.

                 (a) Hunting licenses:

                         (1) – (3) (No change.)

                         [(4) replacement hunting — $10;]

                         (4)[(5)] general nonresident hunting — $315;

                         (5)  [(6)] nonresident special hunting — $132;

                         (6)  [(7)] nonresident five-day special hunting — $48;

                         (7)  [(8)] nonresident spring turkey hunting — $126; and

                         (8)  [(9)] nonresident banded bird hunting — $27.

         (b) Replacement licenses. Except as otherwise provided in this subsection, the fee for replacement of any hunting license is $10.

                         (1) senior resident hunting replacement — $6; and

                         (2) youth hunting replacement — $6.

                 (c)  [(b)] Hunting stamps and tags:

                         (1) – (4) (no change.)

         §53.6. Recreational Fishing Licenses, Stamps, and Tags.

                 (a) (No change.)

                 (b) The items listed in this subsection may be sold individually or as part of a package. Stamps sold individually shall be valid from the date of purchase or the start date of the license year, whichever is later, through the last day of the license year. Stamps sold as part of a fishing package shall be valid for the same time period as the license included in the package as specified in this rule. The price of these stamps is as follows:

                         (1) freshwater fishing stamp — $5; and

                         (2) saltwater sportfishing stamp — $7 plus a saltwater sportfishing [sport fishing] stamp surcharge of $3. A red drum tag shall be issued at no additional charge with each saltwater sportfishing stamp.

                 (c) Fishing packages and licenses. The price of any fishing package shall be the sum of the price of the individual items included in the package.

                         (1) – (6) (No change.)

                         (7) "year-from-purchase" resident "all water" fishing package — $47. Package consists of a "year-from-purchase" resident fishing license, a freshwater fishing stamp, and a saltwater sportfishing stamp with a red drum tag;

                         (8) – (11) (No change.)

                         (12) non-resident one-day "all water" fishing license — $16. One red drum tag shall be available at no additional charge with the purchase of the first one-day license only; and

                         (13) Lake Texoma fishing license — $12. Holders of a valid Lake Texoma License are exempt from freshwater fishing stamp requirements solely for the purpose of fishing on Lake Texoma[; and]

                         [(14) replacement fishing package or license — $10].

                 (d) Replacement licenses and packages.

                         (1) Except as otherwise provided in this subsection, the fee for replacement of a fishing package or license is $10.

                         (2) The fee for replacement of a special resident all-water fishing package is $6.

                 (e)  [(d)] Fishing tags:

                         (1)- (4) (No change.)

         §53.7. Furbearing Animal Licenses and Permits.

                 (a) – (d) (No change.)

                 (e) nonresident wholesale fur dealer’s—$401 [$263].

         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


Commission Agenda Item No. 4
Exhibit C

LEGISLATIVE RULES REVIEW

CHAPTER 59. PARKS

PROPOSAL PREAMBLE

1. Introduction.
         The Texas Parks and Wildlife Department proposes amendments to §59.3, concerning Activity and Facility Use Fees, and §59.221, concerning Acceptance of Gratuities.

         The proposed amendments are a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires a state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

         The proposed amendment to §59.3 would increase the upper end of the fee range for recreation/meeting hall facilities in the Group One category from $300 to $1,000.  The department establishes a fee range, consisting of an upper and lower value, for each type of facility or service (or combination thereof) available at a state park, which may vary from site to site. The purpose of the fee-range approach is to provide the flexibility for the department to make incremental adjustments to fee structures from time to time (within the approved ranges) for individual units of the park system in response to changing conditions over a multi-year period. The addition of a new facility at Palo Duro Canyon State Park offers substantially higher grade amenities than were previously available in any state park, with correspondingly higher market value than the current fee range permits, which necessitates an  increase in the allowable fees for recreation/meeting halls.

         The proposed amendment to §59.221 would authorize the executive director to allow the acceptance of gratuities by department employees at a hospitality unit of a state park. The 80th Texas Legislature in 2007 enacted House Bill 12, which amended Parks and Wildlife Code, §11.0262 to allow an employee of the state parks division to accept a gratuity if the gratuity is offered by a customer of a hospitality unit of the state parks division in appreciation of being served food or beverages or receiving some other customer service from the employee. The proposed amendment would authorize the acceptance of gratuities by certain state park employees with the approval of the executive director.

2. Fiscal Note.

         Michael Crevier, Director of Business Management, State Parks Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be fiscal implications to state government as a result of enforcing or administering the proposed amendment to §59.3, which increases the upper boundary of the fee range for recreation/meeting hall facilities in the Group One category. Fee changes within the ranges established by rule are determined by analysis of user demographics, benefit, demand, and comparability with local providers of similar facilities and/or services operated under similar conditions, and recreational industry trends. The department estimates that the maximum potential revenue increase resulting from the proposed rules will be approximately $46,900 per year, if Palo Duro State Park is the only park in the state parks system that implements fee increases as a result of the increased fee range. The department does not anticipate incorporating fees at any other sites at the current time. This estimate was derived by taking the previous fiscal year’s occupancy and use numbers, calculating the sum of the difference between the previous rates and the new fee amounts, and then multiplying previous use numbers by the derived sum of the two rates. The department notes that the estimate used the upper value of each fee range to make this calculation; however, the upper value of the proposed fee range will not be imposed immediately. Thus, the estimate is an approximate value representing the total possible revenue increase under the proposed rule.

         There will be no other fiscal implications for state government or local governments as a result of the proposed amendments.

3. Public Benefit/Cost Note.

         Mr. Crevier also has 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 the ability of the department to recover appropriate revenue for the use of department facilities and the delivery of hospitality services at state park hospitality centers.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic affect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, commission considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

         The department has determined that there will be no adverse economic effects on small businesses, microbusinesses, or persons required to comply with the rules as proposed. The rules would affect gratuities for state park employees and state park guests. Visitation to state parks is not mandatory; therefore, the rules impose no requirements on individuals, small businesses, or microbusinesses. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

         (C) The department has not drafted a local employment impact statement under 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 Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

         (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.

4. Request for Public Comment.

         Comments on the proposed rules may be submitted to Mr. Michael Crevier, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-8560 (e-mail: mike.crevier@tpwd.state.tx.us).

5. Request for Public Comment.

         The amendment is proposed under Parks and Wildlife Code, §11.027(e), which authorizes the commission to establish by rule the collection of a fee for entering, reserving, or using a facility or property owned or managed by the department.

         The proposed amendment affects Parks and Wildlife Code, Chapter 11.

6. Text.

         §59.3 Activity and Facility Use Fees

                 (a) (No change.)

                 (b) Fee ranges — Group One:

                         (1) — (7) (No change.)

                         (8) recreation/meeting hall — $50 — $1,000[$50-$300];

                         (9) — (21) (No change.)

                 (c) — (d) (No change.)

         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 Parks and Wildlife Code, §11.0262, which allows an employee of the state parks division to accept a gratuity if the gratuity is offered by a customer of a hospitality unit of the state parks division in appreciation of being served food or beverages or receiving some other customer service from the employee, and authorizes the commission to adopt rules necessary to implement the provisions of §11.0262.

         The proposed amendment affects Parks and Wildlife Code, Chapter 11.

         §59.22. Acceptance of Gratuities.

                 (a) An[No] employee of the department may accept a gratuity offered by a customer of a restaurant, cafeteria, or other food service establishment or hospitality unit of a state park operated by the department if[unless] the employee has been authorized to do so by the executive director.

                 (b) – (c) (No change.)

         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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