Commission Action Item No. 12
Presenter:  Ted Hollingsworth

Action
Delegation of Easement Renewal Authority
January 24, 2013

I.       Executive Summary:  Staff recommends delegation of authority to renew expiring and expired easements on TPWD lands to the TPWD Executive Director, or designee.

II.      Discussion:  TPWD issues easements across TPWD lands to third parties for a variety of purposes, including installation, operation and maintenance of pipelines, utilities, communications and transportation infrastructure.  In general, these easements are issued with ten year terms, and are renewed upon their expiration, consistent with the terms and conditions of TPWD policy.  The proposed policy would delegate to the Executive Director the authority to negotiate and renew existing easements, so long as such renewals are consistent with TPWD policy and address the payment of easement fees of not less than fair market value, payment of damage fees sufficient to offset the impacts, and necessary protections of TPWD lands.

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

"The Texas Parks and Wildlife Commission adopts by resolution (Exhibit A) Commission Policy CP-020 (Exhibit B)."

Attachments — 2

  1. Exhibit A – Resolution
  2. Exhibit B – Policy

Commission Agenda Item No. 12
Exhibit A

A Resolution by the Texas Parks and Wildlife Commission

Adopting Commission Policy CP-020

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

WHEREAS, staff has recommended that the Commission adopt Policy CP-020, delegating to the Executive Director, or the Executive Director’s designee, the authority to negotiate and renew easements so long as such renewals are consistent with the terms and conditions of Texas Parks and Wildlife Department (TPWD) policy, and address the payment of easement fees of not less than fair market value, payment of damage fees sufficient to offset the impacts, and terms necessary to protect TPWD land.

NOW, THEREFORE, BE IT RESOLVED that the Texas Parks and Wildlife Commission adopts new Commission Policy CP-020 as attached hereto.

In official recognition hereof, we hereby affix our signatures this 24th day of January 2013.

ADOPTED AND APPROVED this 24th day of January 2013.

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T. Dan Friedkin, Chairman
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Bill Jones, Member
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Ralph H. Duggins, Vice-Chairman
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Margaret Martin, Member
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Antonio Falcon, M.D., Member
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S. Reed Morian, Member
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Karen J. Hixon, Member
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Dick Scott, Member
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Dan Allen Hughes, Jr., Member
 

Commission Agenda Item No. 12
Exhibit B

Commission Policy CP-020
Authority of the Executive Director Regarding Renewal of Easements

For the renewal of easements for third party use of Department lands previously approved by the TPW Commission, issued by the Texas General Land Office, or which were already encumbrances upon the land at the time of acquisition by the Department, the Commission hereby delegates to the Executive Director, or the Executive Director’s designee, the authority to negotiate terms and conditions for the renewal of those easements, and to renew those easements consistent with the policies and procedures of the Department for third party use of Department lands, so long as such renewal is consistent with Department policy, and includes provisions addressing the following:

  • Payment of easement fees to the Department of not less than fair market value; and,
  • Payment of damage fees to the Department sufficient to offset the impacts from the third party actions authorized by the easement.
  • Terms as necessary to protect Department lands.





















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