Texas Parks and Wildlife Commission
Public Hearing

November 9, 2000

Commission Hearing Room
Texas Parks & Wildlife Department Headquarters Complex
4200 Smith School Road
Austin, TX 78744
                                                                1
 
 
         5                  BE IT REMEMBERED THAT heretofore on the
 
         6    9th day of November 2000, there came on to be heard
 
         7    matters under the regulatory authority of the Parks
 
         8    and Wildlife Commission of Texas in the Commission
 
         9    hearing room of the Texas Parks and Wildlife
 
        10    Headquarters Complex, Austin, Travis County, Texas,
 
        11    beginning at 9:20 a.m., to wit:
 
        12
 
        13    APPEARANCES:
 
        14
 
        15    THE PARKS AND WILDLIFE COMMISSION:
 
        16    Lee M. Bass, Fort Worth, Texas, Chairman
 
        17    John Avila, Jr., Forth Worth, Texas
 
        18    Nolan Ryan, Alvin, Texas (absent)
 
        19    Alvin L. Henry, Houston, Texas
 
        20    Carol E. Dinkins, Houston, Texas, Vice-Chair
 
        21    Ernest Angelo, Jr., Midland, Texas
 
        22    Katharine Armstrong Idsal, Dallas, Texas
 
        23    Mark E. Watson, Jr., San Antonio, Texas (absent)
 
        24    Richard W. (Dick) Heath, Carrollton, Texas (absent)
 
        25
 
 
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         1    THE PARKS AND WILDLIFE DEPARTMENT:
 
         2
 
         3    Andrew H. Sansom, Executive Director and other
 
         4    personnel of the Parks and Wildlife Department
 
         5
 
         6    OTHER APPEARANCES:
 
         7
 
         8    Mr. Ellis Gilleland, representing Texas Animals
 
         9    Mr. David Langford, representing Texas Wildlife
 
        10    Association
 
        11    Mr. David Stewart, representing SMART
 
        12    Mr. Sparky Anderson, representing Clean Water Action
 
        13
 
        14                           *****
 
        15
 
        16
 
        17
 
        18
 
        19
 
        20
 
        21
 
        22
 
        23
 
        24
 
        25
 
 
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         1                       NOVEMBER 9, 2000
 
         2                           *****
 
         3                        PUBLIC HEARING
 
         4                           *****
 
         5                          9:20 a.m.
 
         6
 
         7                  CHAIRMAN BASS:  Good morning.  I'd like
 
         8    to call this meeting of the Parks and Wildlife
 
         9    Commission to order and, Mr. Sansom, would you read
 
        10    our public notice.
 
        11                  MR. SANSOM:  Mr. Chairman, the public
 
        12    notice of the meeting containing all items on the
 
        13    proposed agenda has been filed in the office of
 
        14    Secretary of State as required by chapter 551 of the
 
        15    government code.  This is referred to as the open
 
        16    meetings law and I would like for the action to be
 
        17    noted in the official record of the meeting.
 
        18                  Ladies and Gentlemen, we welcome you
 
        19    here this morning and as always, I will be helping
 
        20    the Chair today as a kind of Sergeant at Arms.  He is
 
        21    in charge of the meeting.  And when we begin the
 
        22    agenda, we've got cards for everyone who would like
 
        23    to speak so be sure that if you want to speak that
 
        24    you sign the card because he will call your name from
 
        25    the cards one at a time.
 
 
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         1                  Everyone who would like to speak will
 
         2    be asked to come up here to the podium in front of me
 
         3    one at a time.  And when your name is called, come to
 
         4    the podium, state your name and who you represent, if
 
         5    anyone other than yourself.  The Chairman may choose
 
         6    to call the second person in line so if you could
 
         7    come to the back of the room, that would speed the
 
         8    process.
 
         9                  Everyone will have three minutes to
 
        10    speak and I will keep track of the time using this
 
        11    traffic light here and notify you when the three
 
        12    minutes are up.  Your time can be extended if a
 
        13    commissioner has a question for you or if they talk
 
        14    among themselves then that will not be counted
 
        15    against your three minutes.
 
        16                  As always, I will ask you to show
 
        17    respect for the other members of the audience and the
 
        18    commissioners and if you have materials that you'd
 
        19    like to submit, hand them to Ms. Estrada here on my
 
        20    right and we will distribute them to the
 
        21    commissioners.
 
        22                  So welcome again and thank you very
 
        23    much.
 
        24                  CHAIRMAN BASS:  Thank you Mr. Sansom.
 
        25                  The first order of business will be
 
 
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         1    approval of minutes from our previous meeting.
 
         2                  VICE-CHAIR DINKINS:  Mr. Chairman, I
 
         3    have given to Ms. Estrada a list of corrections and I
 
         4    would ask that the minutes of both of the meetings in
 
         5    August, the public hearing and the public meeting, be
 
         6    approved with those corrections and I so move.
 
         7                  COMMISSIONER ANGELO:  Second.
 
         8                  CHAIRMAN BASS:  Motion has a second.
 
         9    All in favor?
 
        10                  COMMISSIONERS:  Aye.
 
        11                  CHAIRMAN BASS:  Any opposed?   Motion
 
        12    carries.  Thank you.
 
        13                  (Motion carries unanimously.)
 
        14                  CHAIRMAN BASS:  Acceptance of gifts
 
        15    through those that have been distributed, and the
 
        16    Chair would entertain a motion for approval.
 
        17                  COMMISSIONER ANGELO:  Approve the list
 
        18    as presented.
 
        19                  CHAIRMAN BASS:  Chair has a motion.
 
        20                  COMMISSIONER AVILA:  Second.
 
        21                  CHAIRMAN BASS:  And a second.  All in
 
        22    favor?
 
        23                  COMMISSIONERS:  Aye.
 
        24                  CHAIRMAN BASS:  Oppose?  Thank you.
 
        25                  (Motion carries unanimously.)
 
 
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         1                      LIST OF DONATIONS
 
         2
 
         3    1)  DONOR:  Highland Industries, Inc.
 
         4        DESCRIPTION:  Vests
 
         5        PURPOSE OF DONATION:  Hunter Education Program
 
         6
 
         7    2)  DONOR:  Walls Industries, Inc.
 
         8        DESCRIPTION:  Vests
 
         9        PURPOSE OF DONATION:  Hunter Education Program
 
        10
 
        11    3)  DONOR:  Big John's Soft Plastics
 
        12        DESCRIPTION:  Soft Plastic Fishing Lures
 
        13        PURPOSE OF DONATION:  Angler Education
 
        14
 
        15    4)  DONOR:   DowAgroScience
 
        16        DESCRIPTION:  Herbicides
 
        17        PURPOSE OF DONATION:  Bison Herd, Caprock Canyon
 
        18        S.P.
 
        19
 
        20    5)  DONOR:  Friends of Lake McQueeney
 
        21        DESCRIPTION:  Mobile Phone and Service
 
        22        PURPOSE OF DONATION: Patrol Communications
 
        23
 
        24    6)  DONOR:  Polaris Industries, Inc.
 
        25        DESCRIPTION:  1999 Polaris Genesis personal
 
 
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         1        watercraft
 
         2        PURPOSE OF DONATION:  Law Enforcement patrol,
 
         3        search & rescue and water safety education
 
         4
 
         5    7)  DONOR:  South Plains Gun Club
 
         6        DESCRIPTION:  CASH
 
         7        PURPOSE OF DONATION:  Youth Shooting Sports
 
         8
 
         9    8)  DONOR:  Temple Inland Forest Products Corporation
 
        10        DESCRIPTION:  Food and Lodging
 
        11        PURPOSE OF DONATION:  May meeting of Texas Rivers
 
        12        Conservation Advisory Board
 
        13
 
        14    9)  DONOR:  Western Governors Conference
 
        15        DESCRIPTION:  CASH
 
        16        PURPOSE OF DONATION:  Lesser Prairie Chicken
 
        17        Research Project
 
        18
 
        19    10) DONOR:  American Heart Assn. Texas Affiliate,
 
        20        Inc. DESCRIPTION:  CASH
 
        21        PURPOSE OF DONATION:  Youth Shooting Sports
 
        22
 
        23    11) DONOR:  Sportsmen's Club of Ft. Worth
 
        24        DESCRIPTION:  CASH
 
        25        PURPOSE OF DONATION:  Expo Whiz-Bang
 
 
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         1    12) DONOR:  NSSA & NSCA
 
         2        DESCRIPTION:  CASH
 
         3        PURPOSE OF DONATION:  Youth Shooting Sports
 
         4
 
         5    13) DONOR:  Bar Walker Taxidermy
 
         6        DESCRIPTION:  Mounted Rio Grande Turkey
 
         7        PURPOSE OF DONATION:  Youth Education
 
         8
 
         9               TOTAL OF DONATIONS:  $47,259.20
 
        10
 
        11                   *********************
 
        12
 
        13                  CHAIRMAN BASS:  Mr. Sansom, retirement
 
        14    certificates and service awards.
 
        15                  MR. SANSOM:  Mr. Chairman, if you could
 
        16    join me at the podium at this time.
 
        17                  It does give me a great deal of
 
        18    pleasure to present to you all, and to our audience,
 
        19    those Parks and Wildlife employees who are retiring
 
        20    or have served for many years in the service of the
 
        21    resources and the people of Texas.
 
        22                  The first person that I have the great
 
        23    privilege of introducing to you this morning, I first
 
        24    met when he was a fireman in Lubbock, Texas.
 
        25                  Dick Frisbie joined Parks and Wildlife
 
 
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         1    as the landscape architect 28 years ago and
 
         2    throughout those 28 years, he has traveled to
 
         3    virtually every small town in Texas, that is those
 
         4    counties under 28,000 in population and cities under
 
         5    17,000 and helped them put their parks together.
 
         6    There are places in Texas where, when Dick Frisbie
 
         7    comes to town, they roll out the red carpet because,
 
         8    because of him, they have parks and recreation
 
         9    facilities for their children.
 
        10                  Retiring today with 28 years of service
 
        11    to Texas Parks and Wildlife, my friend and college
 
        12    class mate, Richard J. Frisbie from State Parks.
 
        13                  (Applause.)
 
        14                  MR. SANSOM:  From Inland Fisheries,
 
        15    Glen Alexander started as a technician at the
 
        16    Huntsville Hatchery in 1973, that's 27 years ago.
 
        17    While he was there, he stocked eight different
 
        18    species of fish, from catfish to Northern pike.  In
 
        19    1983, he was promoted to hatchery manager at Possum
 
        20    Kingdom.  He's been responsible for stocking and
 
        21    producing over 22 million fish in the Texas waters.
 
        22    He has developed new fish culture techniques for
 
        23    species from black bass to striped bass and he
 
        24    actually initiated a new culture program for rainbow
 
        25    trout, raising them from eggs produced from Colorado
 
 
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         1    to fingerlings for stocking into the Guadalupe
 
         2    river.
 
         3                  Please recognize retiring at Graford,
 
         4    Texas with 27 years of service, Glen A. Alexander
 
         5    from Inland Fisheries.
 
         6                  (Applause.)
 
         7                  MR. SANSOM:  We had the best retirement
 
         8    party here a while back for Sylvia Mojica, it was
 
         9    wonderful.  Sylvia has been in administrative
 
        10    resources here in the building for 23 years.  She
 
        11    started in Inland Fisheries as a branch secretary and
 
        12    has worked steadily up through the ranks in
 
        13    purchasing and contracting in the finance division.
 
        14    In 1990, she became a purchasing assistant and
 
        15    progressed through the ranks til she entered the
 
        16    professional ranks as a professional purchaser in
 
        17    1994 and now holds the highest rank for purchasers in
 
        18    state government until her retirement in August of
 
        19    2000.
 
        20                  Please recognize today, with 23 years,
 
        21    Sylvia Mojica.
 
        22                  (Applause.)
 
        23                  MR. SANSOM:  She told me that -- she
 
        24    said that when it rains, she just rolls back over and
 
        25    stays in the house.
 
 
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         1                  The following recipients are thankfully
 
         2    not retiring but have served for many, many years.
 
         3    Amazingly, the first recipient is a person who we all
 
         4    recognized recently as one of the department's most
 
         5    outstanding employees.
 
         6                  David Campbell started at the
 
         7    Lewisville Fish Hatchery as a hatchery assistant in
 
         8    1965.  He moved to Tyler in 1968 and was promoted to
 
         9    superintendent in '72.  He was one the originators of
 
        10    the ShareLunker program.  He was the person who began
 
        11    the initiative to create what is now the Texas Fresh
 
        12    Water Fishery Center in Athens.  He received the
 
        13    department's award for special achievement in 1999
 
        14    primarily for the ShareLunker program.  His name is
 
        15    synonymous with big bass and he is one of the persons
 
        16    who is responsible for making Texas the best place to
 
        17    fish for large mouth bass in the world.
 
        18                  Please recognize David Campbell with 35
 
        19    years of service in Inland Fisheries.
 
        20                  (Applause.)
 
        21                  MR. SANSOM:  During our recent Lone
 
        22    Star Legacy weekend, which I know many of you
 
        23    attended and participated in, one of the most
 
        24    spectacular series of events was at the Gene Howe
 
        25    Wildlife Management Area up on the Canadian River.
 
 
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         1                  For 30 years David Dvorak has worked in
 
         2    the Panhandle.  He started as a biologist at Wheeler
 
         3    and he's lived in Dalhart and Clarendon and Canyon
 
         4    and some of the most beautiful and, frankly, least
 
         5    appreciated parts of Texas.  He was promoted to
 
         6    district leader at one time and until his transfer in
 
         7    1990 to Matador Wildlife Management Area where he now
 
         8    is the area manager for both Matador and Gene Howe.
 
         9    He also has responsibility for all of our Playa Lakes
 
        10    Wildlife Management Areas in the Panhandle as well.
 
        11                  Please welcome David Dvorak with 30
 
        12    years of service in the Wildlife division.
 
        13                  (Applause.)
 
        14                  MR. SANSOM:  Majorie Martinez, we call
 
        15    her "Sue".  She started to work in the department in
 
        16    1970 at Stephen F. Austin State Historical Park and
 
        17    she's been there ever since.  She knows every
 
        18    customer that comes in, she enjoys them, she has met
 
        19    customers from all over the world and has made lots
 
        20    of friends.  She has created a wild scape in her own
 
        21    yard and when she retires, she's going to be a camp
 
        22    host so she can visit all the state parks.  Texas
 
        23    Parks and Wildlife is a special part of her life and
 
        24    she is a special part of our family.
 
        25                  Please recognize Sue Martinez with 30
 
 
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         1    years of service from State Parks.
 
         2                  (Applause.)
 
         3                  MR. SANSOM:  Good job.
 
         4    Congratulations.
 
         5                  MS. MARTINEZ:  See you in four more
 
         6    years.
 
         7                  MR. SANSOM:  I look forward to it.
 
         8                  One of the most challenging issues that
 
         9    I think we face these days is the potential transfer
 
        10    of some our facilities, all of which are important
 
        11    and beloved to other institutions.  The forefront of
 
        12    that has been John Garbutt.  He's worked in State
 
        13    Parks for 25 years.  He started at Caprock Canyons as
 
        14    a park ranger.  He was assistant superintendent at
 
        15    Lake Whitney through 1980.  And currently, he is
 
        16    supervising the transition of Jim Hogg State
 
        17    Historical Park.  He's handling it professionally,
 
        18    he's a valued employee and we recognize him today
 
        19    with 25 years of service.
 
        20                  John Garbutt from State Parks.
 
        21                  (Applause.)
 
        22                  MR. SANSOM:  Well, I'm glad that we're
 
        23    recognizing the next recipient here, rather than some
 
        24    locations along the Texas Coast.  Hal Osburn is
 
        25    working for Coastal Fisheries for 25 years and I
 
 
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         1    think all of us witnessed this year what stress can
 
         2    bring to a true professional who is truly committed
 
         3    to science and to preserving the natural resources of
 
         4    Texas.
 
         5                  Hal's been with Coastal Fisheries, he's
 
         6    been a scientist and manager.  He's done extensive
 
         7    field research throughout the bays and the Gulf of
 
         8    Mexico.  He's authored dozens of fisheries-related
 
         9    scientific journal articles and technical
 
        10    manuscripts.  He assisted in the creation of such
 
        11    programs as the department's Artificial Reef Program
 
        12    which is renowned throughout the United States.  He
 
        13    helped create our Limited Entry System and License
 
        14    Buyback Programs for the commercial shrimp, crab and
 
        15    finfish fisheries in Texas.
 
        16                  Because of him, our commercial
 
        17    fisheries in Texas will continue to thrive and the
 
        18    recreational fishery will grow as well.  But most
 
        19    importantly, we will have marine resources in future
 
        20    generations.
 
        21                  Please recognize the director of
 
        22    Coastal Fisheries today, Hal Osburn with 25 years of
 
        23    service to Texas Parks and Wildlife.
 
        24                  (Applause.)
 
        25                  MR. SANSOM:  One of the most important
 
 
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         1    contributors in our system to the economy of Texas is
 
         2    the Texas State Railroad, it's extraordinary, we've
 
         3    struggled with problems associated with it but it is
 
         4    a true institution in Texas for tourism.
 
         5                  Everett Byrd began his employment with
 
         6    the department in 1980 as a ranger at the Railroad
 
         7    Maintenance Department.  And if you've never gone
 
         8    through those shops over there, that is one of the
 
         9    most sophisticated maintenance operations of any kind
 
        10    of facility of its kind in the country.  He was
 
        11    promoted to a Ranger III and reclassified as a
 
        12    supervisor in 1981.  He's been a maintenance mechanic
 
        13    there and he is now the supervisor or shop foreman in
 
        14    the Rusk Maintenance Shop, where he takes care of one
 
        15    of the most complicated devices that we have to
 
        16    manage in our system.
 
        17                  Please recognize Everett Byrd from
 
        18    State Parks with 20 years of service.
 
        19                  (Applause.)
 
        20                  MR. SANSOM:  Marvin Hill, we call him
 
        21    "M.L.", he works in Infrastructure and he has been
 
        22    in the department for 20 years.  You all participated
 
        23    with us in recognizing M.L. recently, where he was
 
        24    named Employee of the Year for Natural Quality
 
        25    Service.  He started as an assistant crew
 
 
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         1    superintendent back in 1980 and he's worked on
 
         2    projects as diverse as Guadalupe River State Park,
 
         3    Brazos Bend, Martin Creek, South Llano and the
 
         4    expansion of Garner.  He was promoted to a crew
 
         5    superintendent where he has become increasingly
 
         6    involved in planning and management, a very high
 
         7    priority construction project.  He is known
 
         8    throughout the department for his ability to break
 
         9    down the kind of organizational barriers between
 
        10    divisions and among diverse groups of people within
 
        11    the department, improving the construction process
 
        12    and creating new methods and procedures for handling
 
        13    construction projects.
 
        14                  Please recognize with 20 years of
 
        15    service from the Infrastructure Division, Marvin L.
 
        16    "M.L." Hill.
 
        17                  (Applause.)
 
        18                  MR. SANSOM:  If you want to see some
 
        19    state employees working hard, you need to go down to
 
        20    the South Houston District Office of Law Enforcement.
 
        21    It's one of the busiest facilities that we manage,
 
        22    it's fraught with problems, it's people from
 
        23    throughout the Galveston Bay System come to register
 
        24    their boats or complain about this and that and it's
 
        25    one of the most challenging supervisory positions in
 
 
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         1    the system because of the tremendous volume of money
 
         2    that goes through there.  And I believe that the
 
         3    person I'm going to introduce to you next, Dick
 
         4    Herzog, is one of the best supervisors in our
 
         5    system.
 
         6                  His first duty assignment in 1980 was
 
         7    in El Campo.  He was promoted in 1997 to the
 
         8    Captain's position in Harris County.  Today, he
 
         9    supervises Harris and Chambers County Wardens but he
 
        10    also runs that South Houston District Office where
 
        11    everyone should at least stop by once in their tenure
 
        12    with Parks and Wildlife to see what it's really like
 
        13    on the front lines.
 
        14                  Please recognize Dick Herzog, 20 years
 
        15    of service as a captain, Houston, Texas.
 
        16                  (Applause.)
 
        17                  MR. SANSOM:  Congratulations.
 
        18                  These guys today, most of them
 
        19    graduated from the 35th Game Warden Academy,
 
        20    including Robert Levens now in Burnet.  Robert
 
        21    started at Cameron County which is a coastal
 
        22    assignment and he led the district during the time he
 
        23    was there in both the number of cases that he filed
 
        24    and the confiscations of illegal gill nets and
 
        25    trotlines in the Lower Laguna Madre.  He transferred
 
 
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         1    to Burnet County in 1987 and today he is right in the
 
         2    middle of the special emphasis that we place in the
 
         3    Highland Lakes on water safety in and around all of
 
         4    the beautiful lakes in Central Texas.
 
         5                  Please recognize from Burnet County,
 
         6    Game Warden V, Robert Levens with 20 years of
 
         7    service.
 
         8                  (Applause.)
 
         9                  MR. SANSOM:  Tom Lyons, a park ranger
 
        10    from Livingston.  He began to work there in 1980 at
 
        11    Lake Livingston State Park.  He has been consistently
 
        12    promoted through the ranger ranks and he was
 
        13    commissioned a Park Peace Officer or Ranger III in
 
        14    1997.  He's been there all those years and is
 
        15    responsible for helping maintain one of the most
 
        16    popular parks in this system at Lake Livingston.
 
        17                  Please recognize Thomas C. Lyons with
 
        18    20 years of service in State Parks.
 
        19                  (Applause.)
 
        20                  MR. SANSOM:  From Fredericksburg,
 
        21    Texas, another graduate of that 35th Academy,
 
        22    Forester Mills, Jr., he's been there 20 years.  He
 
        23    started, actually, in Colorado County at Eagle Lake
 
        24    but he moved, he was transferred to Gillespie County
 
        25    and today he is the Game Warden V for that region.
 
 
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         1    He is located in Fredericksburg and celebrating 20
 
         2    years of service to the Parks and Wildlife.
 
         3                  Please recognize Forester Mills from
 
         4    Law Enforcement Division.
 
         5                  (Applause.)
 
         6                  MR. SANSOM:  We call him "Buddy".
 
         7                  I tell you, the North Houston Regional
 
         8    Law Enforcement Office is pretty busy, too, and
 
         9    George Etta Pickett started there in 1980 as a
 
        10    front-line accounting clerk.  She's moved up the
 
        11    ladder steadily to administrative technician and
 
        12    other duties and she's worked under the duration,
 
        13    which means really she's trained four different
 
        14    commanders in the North Houston office.  The special
 
        15    awards she says that she has received has been the
 
        16    support of all of the commanders, captains, clerks,
 
        17    game wardens, boat mates and technicians in the law
 
        18    enforcement division.
 
        19                  Please recognize George Etta Pickett,
 
        20    20 years of services to Law Enforcement, Houston
 
        21    Texas.
 
        22                  (Applause.)
 
        23                  MR. SANSOM:  Hilda Sanchez from Saint
 
        24    Hedwig, Texas was the first Hispanic female named
 
        25    game warden in Texas and probably in the United
 
 
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         1    States.  She was signed to San Antonio when she
 
         2    graduated from the Academy 20 years ago and she
 
         3    remains there today.  She has recently been commended
 
         4    by this department for saving a citizen's life
 
         5    through Cardio Pulmonary Resuscitation.
 
         6                  Please recognize Hilda Sanchez of Game
 
         7    Warden V with 20 years of service to Law Enforcement.
 
         8                  (Applause.)
 
         9                  MR. SANSOM:  Another graduate of that
 
        10    class first went to Van Horn, then he worked in
 
        11    Harlingen and Seguin where he is today.  Jose Vega
 
        12    received a special commendation in recognition of his
 
        13    heroic efforts going above and beyond the call of
 
        14    duty to save lives in the floods along the Guadalupe
 
        15    in 1998.
 
        16                  From Seguin, Texas, Jose Vega with 20
 
        17    years of service.
 
        18                  (Applause.)
 
        19                  MR. SANSOM:  Finally members, I present
 
        20    to you Danny Villalobos from Law Enforcement.  Danny
 
        21    started in Calhoun County, he worked in Port Lavaca
 
        22    and today he's in San Antonio.  He's known by wardens
 
        23    throughout Texas and was recognized by the
 
        24    San Antonio Police Department's Meritorious Award for
 
        25    action during a traffic accident which resulted in
 
 
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         1    his saving the life of a nine year-old girl.
 
         2                  Of special interest to me, and I know
 
         3    each of you, is that he has been inducted into the
 
         4    Harlandale Independent School District Hall of Fame
 
         5    for his community involvement providing outdoor
 
         6    recreation and involvement for kids involving hunting
 
         7    and fishing trips.
 
         8                  Please recognize Game Warden V, Daniel
 
         9    Villalobos from Helotes, 20 years of service.
 
        10                  (Applause.)
 
        11                  MR. SANSOM:  Well, I see that my good
 
        12    friend, mentor, conservationist, former member of
 
        13    this commission, Mr. Louis Stumberg, has arrived.
 
        14    And so along with Mr. Andy Phillips of the
 
        15    Shikar-Safari International, Mr. Fausto Yturria,
 
        16    Danny Butler, Mike and Kay Breedlove and
 
        17    Mrs. Phillips is here as well, I would like to
 
        18    introduce to you this year's Shikar-Safari officer of
 
        19    the year.
 
        20                  This year's award recipient, and this
 
        21    is one of the most prestigious awards for
 
        22    conservation law enforcement in the United States, is
 
        23    a 12 year veteran of our department, Game Warden
 
        24    Randy Bullard.
 
        25                  Randy has averaged 220 apprehensions
 
 
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         1    per year during the 12 years that he has served as a
 
         2    game warden.  He works very closely with the other
 
         3    wardens as well as employees of other law enforcement
 
         4    entities including the county sheriff, troopers from
 
         5    the Department of Public Safety and staff from the
 
         6    state park system.  As a result of that cooperation,
 
         7    Randy has been the recipient of the Officer of the
 
         8    Year award, as well as Member of the Year from the
 
         9    Mitchell County Peace Officers Association and Game
 
        10    Warden of the Year from the Abilene VFW.
 
        11                  He is especially involved in youth
 
        12    activities.  During the first eight months of this
 
        13    fiscal year alone, he gave 20 youth programs,
 
        14    sponsored a dove hunt for one youth group of
 
        15    underprivileged children and a deer hunt for
 
        16    another.  And on top of that, a two-day wildlife
 
        17    identification outing for three different schools.
 
        18                  Due to Randy Bullard's enthusiasm for
 
        19    his job, his willingness to accept whatever
 
        20    assignment is given him, his unselfish efforts for
 
        21    youth and his self-motivation and the motivation of
 
        22    others and the respect that he has earned from the
 
        23    people of his community in Mitchell County, I was
 
        24    very proud to recommend him for his award.
 
        25                  Mr. Phillips is President of
 
 
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         1    Shikar-Safari and, along with his group, I would like
 
         2    to introduce to you Warden Randy Bullard and the
 
         3    leadership of Shikar-Safari International.
 
         4                  (Standing ovation and applause.)
 
         5                  MR. SANSOM:  Herb Stumberg is also
 
         6    here.
 
         7                  MR. PHILLIPS:  Mr. Chairman, commission
 
         8    members, it's a real honor for us to be here today.
 
         9    My name is Andy Phillips, I'm past president of
 
        10    Shikar-Safari Club and the current president is
 
        11    Fausto Yturria, South Texas rancher and businessman
 
        12    and basically a pretty good guy.
 
        13                  MR. YTURRIA:  Sometimes.
 
        14                  MR. PHILLIPS:  Sometimes.  Fausto's
 
        15    going to make the presentation for us today to Warden
 
        16    Bullard.
 
        17                  Just a few words about our
 
        18    organization:  We were founded in 1952.  About 25
 
        19    years ago, the foundations of Shikar-Safari Club
 
        20    International recognized the need to recognize the
 
        21    wildlife officers around our United States and Canada
 
        22    who have done so much for the preservation and
 
        23    conservation of wildlife.
 
        24                  We founded a program at that point in
 
        25    time where each year the members of that winner's
 
 
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         1    coworkers, his own coworkers, would select by
 
         2    recommendation the person that they thought was the
 
         3    most outstanding among themselves.  Those
 
         4    recommendations would be passed on to the directors
 
         5    of each of the departments and we're proud to say
 
         6    that over these last 25 years we've enjoyed
 
         7    presenting this award to those fine men and women who
 

         8    have won in 49 of the 50 states and all of the
 
         9    Canadian Provinces.
 
        10                  I received an e-mail yesterday from
 
        11    Mike Fain who all of you know as a wonderful member
 
        12    of this organization, a great man, an outstanding
 
        13    former recipient of this award who is battling cancer
 
        14    right now in Houston.  And he said for me to
 
        15    congratulate Warden Bullard and to say how proud he
 
        16    was of him because the proudest moment in his career
 
        17    was the winning of this award.  And I'm happy to give
 
        18    that message to you this morning.  And I'll turn the
 
        19    floor over to Fausto.
 
        20                  MR. YTURRIA:  Thank you very much,
 
        21    Mr. Chairman, commissioners.  Andy, we're delighted
 
        22    to be here today.  This is always a special moment
 
        23    for Shikar-Safari Club.
 
        24                  If you will, I'd just like to read a
 
        25    few things here, if I may:  Wildlife conservation is
 
 
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         1    one of the primary concerns of our worldwide
 
         2    membership.  A principle purpose for which the club
 
         3    was organized involves the protection enhancement and
 
         4    preservation of wildlife species with particular
 
         5    emphasis on the endangered and threatened species by
 
         6    encouraging and promoting the enforcement of
 
         7    conservation laws and regulations and by other
 
         8    appropriate means.
 
         9                  Being selected for this prestigious
 
        10    award places Randy in a very distinguished group of
 
        11    officers who have achieved that recognition by their
 
        12    outstanding performance and dedication to duty.
 
        13                  All too seldom do the fine wildlife
 
        14    officers receive the recognition and encouragement
 
        15    they so richly deserve for protecting and preserving
 
        16    our wildlife.  We in Shikar-Safari Club International
 
        17    hope that by presenting this award each year, we can,
 
        18    in some small way, make a worthy contribution.
 
        19                  Randy, let me read the certificate:
 
        20    The Shikar-Safari Club International Annual Award
 
        21    presented to the Wildlife Officer of the Year, Randy
 
        22    Bullard, in the State of Texas.  This award is
 
        23    presented by the Shikar-Safari Club International in
 
        24    recognition of meritorious service in the field of
 
        25    wildlife conservation and law enforcement for the
 
 
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         1    year 2000.
 
         2                  Congratulations.
 
         3                  (Applause.)
 
         4                  MR. YTURRIA:  One of the other items
 
         5    that will be presented is very special.  It is a
 
         6    Shikar-Safari Wildlife Officer of the Pin which has
 
         7    been authorized by the Commission to be worn by the
 
         8    Officer of the Year for the Texas Parks and Wildlife
 
         9    Department.  And Mrs. Phillips will pin the pin on
 
        10    him without inflicting any damage, I hope.
 
        11                  If you'll turn around here.
 
        12                  So here is your certificate.  We
 
        13    also -- Andy, come on.  No, no, no, go ahead.  You do
 
        14    that.
 
        15                  MR. PHILLIPS:  Randy, this is a pewter
 
        16    plate in commemoration of your award which you can
 
        17    take home to your wife and give her something out of
 
        18    this deal.
 
        19                  Congratulations.
 
        20                  (Applause and group photograph.)
 
        21                  MR. YTURRIA:  Tame another one, Jim.
 
        22    Thank you.
 
        23                  MR. STUMBERG:  Can I just say one
 
        24    word?
 
        25                  MR. SANSOM:  Yes, sir.
 
 
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         1                  MR. STUMBERG:  Mr. Chairman and
 
         2    Honorable Members of the Commission, yesterday
 
         3    evening I visited a good friend of mine and yours,
 
         4    Mark Watson.  And he said one of the most touching
 
         5    things that happened with one of the first people to
 
         6    be there yesterday morning was Andy.  And I
 
         7    appreciate it and he did.  Thank you.
 
         8                  (Applause.)
 
         9                  MR. SANSOM:  That concludes our awards
 
        10    but I would like to call attention to the fact that
 
        11    we are fortunate this morning to have Mr. Larry Hodge
 
        12    who is the executive editor of Parks and Wildlife
 
        13    Press, Elaine Robbins who is the new executive
 
        14    director of Texas Parks and Wildlife Magazine, Susan
 
        15    Ebert, the publisher of our magazine, to announce to
 
        16    you that we have now on the stands the Official Guide
 
        17    to Texas Wildlife Management Areas.  This is the
 
        18    companion to The Official Guide to Texas State Parks
 
        19    and will be available and is a beautiful, beautiful
 
        20    publication.  We have one for each of you.  And I'd
 
        21    just like to thank you all for producing it and let
 
        22    you all know today that is a very important cog in
 
        23    our efforts to familiarize people with the wonderful
 
        24    opportunities available on WMA's throughout our
 
        25    state.
 
 
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         1                  Thank you very much.
 
         2                  CHAIRMAN BASS:  Thank you, Mr. Sansom.
 
         3         AGENDA ITEM NO. 1:  ACTION- CONSENT AGENDA
 
         4                  CHAIRMAN BASS:  The next order of
 
         5    business is the approval of our agenda.  We have one
 
         6    item eligible for the consent agenda which is Item 7,
 
         7    it's artwork for the stamps.  And the Chair would
 
         8    entertain a motion to move that consent agenda and
 
         9    proceed with the agenda as published with one other
 
        10    alteration, Item 11 is to be removed from the agenda
 
        11    of today's meeting.
 
        12                  So actually, those two items, the Chair
 
        13    would entertain a motion.
 
        14                  VICE-CHAIR DINKINS:  So moved.
 
        15                  COMMISSIONER AVILA:  Second.
 
        16                  CHAIRMAN BASS:  We have a motion and a
 
        17    second.  All in favor?
 
        18                  COMMISSIONERS:  Aye.
 
        19                  CHAIRMAN BASS:  Any opposed?  Okay.
 
        20                  (Motion carries unanimously.)
 
        21                  And that brings us to the approval of
 
        22    the consent agenda.  All in favor -- a motion?
 
        23                  COMMISSIONER ANGELO:  Move approval.
 
        24                  VICE-CHAIR DINKINS:  Second.
 
        25                  CHAIRMAN BASS:  Motion and a second.
 
 
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         1    All in favor?
 
         2                  COMMISSIONERS:  Aye.
 
         3                  CHAIRMAN BASS:  Opposed?
 
         4                  (Motion carries unanimously.)
 
         5                  We have several people here that have
 
         6    come to join us from Ducks Unlimited and they're
 
         7    going to do a briefing or announcement for us here
 
         8    today.  And the Chair would like to ask them to be
 
         9    our next order of business, please.
 
        10                  (WHEREUPON a briefing item was
 
        11    presented to the Commission, after which the
 
        12    following proceedings were had:)
 
        13        AGENDA ITEM NO. 2:  BRIEFING - EXPO IX WRAP-UP
 
        14                  CHAIRMAN BASS:  Next order of business
 
        15    let's do a wrap-up briefing from Expo.  Ernie.
 
        16                  (WHEREUPON a briefing item was
 
        17    presented to the Commission, after which the
 
        18    following proceedings were had:)
 
        19           AGENDA ITEM NO. 3:  ACTION - RULE REVIEW
 
        20                  CHAIRMAN BASS:  Item 3, action item
 
        21    rule review, please.
 
        22                  MR. McCARTY:  Mr. Chairman,
 
        23    Commissioners.  For the record, my name is Gene
 
        24    McCarty I'm chief of staff for the agency.
 
        25                  I would like to present for you for
 
 
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         1    your consideration the departments's review of
 
         2    existing regulations:  House Bill 1 of the 75th
 
         3    Legislature and Senate Bill 178 of the 76th
 
         4    Legislature directed all state agencies to review
 
         5    existing regulations no later than every four years
 
         6    after the Rule becomes final.
 
         7                  This review is an assessment of whether
 
         8    the reasons for initially adopting the regulations
 
         9    continue to exist and is to be conducted in
 
        10    accordance with the administrative procedures act.
 
        11                  A little background on regs review:  As
 
        12    you know, the department conducted a voluntary review
 
        13    which was completed in January of 1997.  In August of
 
        14    '98, we published a plan for our review in
 
        15    accordance with what's outlined in House Bill 1.  And
 
        16    in October of 2000, we published a notice of intent
 
        17    to review with the Texas Register with proposed
 
        18    amendments to Chapters 51, The Executive; 52,
 
        19    Wildlife and Fisheries; 55, Law Enforcement and 61,
 
        20    Design and Construction.
 
        21                  At this point, we've received no public
 
        22    comment on these proposed changes.  As a result of
 
        23    this rule staff proposes the following actions:
 
        24    First, to readopt Chapter 51 with the following
 
        25    amendments:  Amend Subchapter A, Petition for
 
 
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         1    Rulemaking -- and I'll go over that in a little more
 
         2    detail.  Repeal Subchapter B, Practices and
 
         3    Procedures in Contested Cases to eliminate redundancy
 
         4    with existing state law.  This particular section is
 
         5    already covered in Government Code 2260.
 
         6                  Amend subchapter D, Litigation and
 
         7    Other Legal Action to allow the executive director to
 
         8    name a designee to act on his or her behalf.
 
         9                  Amend Subchapter G, Closely Related
 
        10    Nonprofit Organizations to eliminate the list of
 
        11    entities designated as closely related.
 
        12                  We also had proposed and published a
 
        13    repeal of Subchapter C, Easement Requests, but after
 
        14    further review, we propose to rescind that request.
 
        15                  We also propose to readopt Chapter 52,
 
        16    Wildlife and Fisheries; readopt Chapter 55, law
 
        17    enforcement.  These chapters are regularly reviewed
 
        18    and the need for these rules continue to exist.  And
 
        19    readopt Chapter 61, Design and Construction, with a
 
        20    minor amendment to Subchapter A, soliciting bids to
 
        21    allow the agency to solicit bids through a more
 
        22    wildly disseminated invitation to bid process.
 
        23                  Let me -- based on our discussion
 
        24    yesterday in committee, I would propose two
 
        25    additional changes to the procedures for petition for
 
 
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         1    rulemaking:  One would be the staff would -- it's
 
         2    near the bottom of the page here -- it will be that
 
         3    staff will initiate follow-up to ensure all
 
         4    commissioners are aware of the petition.
 
         5                  And secondly, we would propose to add a
 
         6    section here again at the bottom of the page that at
 
         7    each commission meeting, staff would provide members
 
         8    with a status report on petitions for rulemaking.
 
         9    These are based on what I believe were your requested
 
        10    changes from yesterday's commission meeting --
 
        11    committee meeting.
 
        12                  The staff recommends that Parks and
 
        13    Wildlife Commission adopt the following motion:
 
        14    Texas Parks and Wildlife Commission adopts with
 
        15    proposed changes to the text, as published in the
 
        16    October 6th, 2000 issue of the Texas Register for
 
        17    Chapter 51, with amendments; Chapter 52; Chapter 55;
 
        18    Chapter 61, with amendments.
 
        19                  I would -- any questions of the
 
        20    commission?
 
        21                  CHAIRMAN BASS:  Mr. Gilleland, would
 
        22    you like to give your public comments at this time?
 
        23                  MR. GILLELAND:  My name is Ellis
 
        24    Gilleland, a private citizen, speaking for Texas
 
        25    Animals which is an animals rights organization on
 
 
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         1    the Internet.
 
         2                  I can't cover all your rules in three
 
         3    minutes; I can give you one handout which pertains to
 
         4    the last item, Chapter 61, Design and Construction,
 
         5    which I feel the most important because it does not
 
         6    take into account what the actual law is.  I'll only
 
         7    give you one copy of the SB which -- 874, which
 
         8    designates that the new law and your rule as proposed
 
         9    does not conform with that SB 874 which says it's for
 
        10    professional services only, it's not for
 
        11    construction.  It must conform with Subchapter A,
 
        12    Chapter 2254, the government code, which it does
 
        13    not -- and you have a copy of that -- and it says
 
        14    the Rule must be consistent with applicable state
 
        15    procurement practices for the soliciting and awarding
 
        16    the contract under this section.  It does not do that
 
        17    because the -- as you see in the handout -- the
 
        18    applicable law is that you advertise as a minimum in
 
        19    the Texas Register.  I call your attention to the
 
        20    fact that all contracts contrary to this can be
 
        21    voided.
 
        22                  Moving on to the other items in your
 
        23    rulemaking:  On your easement, I would ask you to --
 
        24    this is not true what Judy says in here about all the
 
        25    items are included in the contract because if you
 
 
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         1    look at your own rule, 51.92, there are four items
 
         2    crucial which should be in the easement application.
 
         3    The person seeking the easement should describe the
 
         4    activity, the easement, minimize adverse impacts on
 
         5    the environment -- and state to use it.  There are no
 
         6    feasible or prudent alternatives exist to the
 
         7    easement and discuss the alternative with Judy,
 
         8    with -- and Mr. Sansom.  I'll have you eliminate all
 
         9    of those environmental protections for the sake of
 
        10    expediency.
 
        11                  So I ask that you reject the rulemaking
 
        12    on the easement.  In fact, I would call it fraud.
 
        13    The petition for rulemaking, 51.2, I'd eliminate
 
        14    No. 1 of Section A because you're putting prior
 
        15    restriction on the person seeking the rulemaking.
 
        16    You're saying that -- it's a chicken and egg thing,
 
        17    you must do all these administrative things before
 
        18    you even recognize it being an application.  You do
 
        19    not do that with the easement.  On the easement, you
 
        20    eliminate all the requirements.  Something you want,
 
        21    you eliminate all the prior requirements and when it
 
        22    comes to rulemaking, you stick in these prior
 
        23    requirements so you must jump through all these hoops
 
        24    before we even consider an application.
 
        25                  Then the last thing I'd like to beseech
 
 
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         1    you -- do not eliminate the listing of your
 
         2    nonprofit -- closely related nonprofit organization.
 
         3    When the NRA is closely in bed with you, I think the
 
         4    public should know about that.  So do not eliminate
 
         5    listing.  You're closely related.
 
         6                  MR. SANSOM:  Thank you, Mr. Gilleland.
 
         7                  MR. GILLELAND:  Thank you.
 
         8                  MR. SANSOM:  Mr. Chairman, I would like
 
         9    for counsel to address Mr. Gilleland's comments.
 
        10    Judy Doran.
 
        11                  MS. DORAN:  For the record, I'm Judy
 
        12    Doran, the administrative resources division.  I
 
        13    agree with Mr. Gilleland on the easement comments.
 
        14    And in fact, we withdrew our request to delete that
 
        15    section.  As far as the comment --
 
        16                  MR. SANSOM:  So the motion as amended
 
        17    deletes those issues?
 
        18                  MS. DORAN:  That's right.
 
        19                  The comments on the Design
 
        20    Construction, I think that the Rule as published was
 
        21    not meant to eliminate the publishing in the Texas
 
        22    Register so -- I think that pretty much takes care of
 
        23    most of the comments.
 
        24                  Any questions?
 
        25                  CHAIRMAN BASS:  Questions or comments
 
 
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         1    from the Commission for counsel?
 
         2                  COMMISSIONER AVILA:  I'd just say that
 
         3    we know that in the Infrastructure Division that
 
         4    Construction Management Professional Services'
 
         5    services have to be advertised by state law in the
 
         6    Register and other publications as well.  So we're
 
         7    not going to change that.
 
         8                  MS. DORAN:  That's right.
 
         9                  CHAIRMAN BASS:  Any other questions or
 
        10    comments?  Motion?
 
        11                  COMMISSIONER AVILA:  So moved.
 
        12                  CHAIRMAN BASS:  And a second?
 
        13                  COMMISSIONER IDSAL:  Second.
 
        14                  CHAIRMAN BASS:  I have a motion to
 
        15    second to approve the item as amended.  All in
 
        16    favor?
 
        17                  COMMISSIONERS:  Aye.
 
        18                  CHAIRMAN BASS:  Any opposed?  Motion
 
        19    carries.  Thank you.
 
        20                  (Motion carries unanimously.)
 
        21    "The Texas Parks and Wildlife Commission adopts, with
 
        22    changes to the proposed text as published in the
 
        23    October 6, 2000, issue of the Texas Register (25
 
        24    TexReg 10198):
 
        25        1)   Within 31 TAC Chapter 51 (Executive), the
 
 
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         1    repeal of Subchapter B (Practice and Procedure in
 
         2    Contested Cases), and Subchapter C (Easement Requests
 
         3    and Unauthorized Easement Activity); the repeal of
 
         4    51.1, 51.3 and 51.4, an amendment to 51.2 and new
 
         5    51.3 within Subchapter A (Procedures for Adoption of
 
         6    Rules); an amendment to 51.131 within Subchapter D
 
         7    (Department Litigation); and an amendment to 51.162
 
         8    within Subchapter G (Nonprofit Organizations), and
 
         9    the readoption of all other sections within Chapter
 
        10    51.
 
        11        2)   The readoption of the contents of Chapter 52
 
        12    (Wildlife and Fisheries).
 
        13        3)   The readoption of the contents of Chapter 55
 
        14    (Law Enforcement).
 
        15        4)   Within Chapter 61 (Design and Construction),
 
        16    an amendment to section 61.22 within Subchapter A
 
        17    (Contracts for Public Works) and the readoption of
 
        18    all other sections within Chapter 61."
 
        19    AGENDA ITEM NO. 4:  ACTION - PETITION FOR RULEMAKING
 
        20                  CHAIRMAN BASS:  Item 4, Petition for
 
        21    rulemaking.
 
        22                  MR. RIECHERS:  Mr. Chairman,
 
        23    Commissioners.  For the record, my name is Robin
 
        24    Riechers.  I'm the management director of the coastal
 
        25    fisheries division and I'm here to present to you a
 
 
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         1    petition for rulemaking submitted regarding Sabine
 
         2    Lake.
 
         3                  The petition proposed that all spotted
 
         4    seatrout, red drum and flounder landed by anglers in
 
         5    Jefferson and Orange Counties would have to meet the
 
         6    current Texas bag and size limits.  As you know,
 
         7    Jefferson and Orange County surround Sabine Lake
 
         8    which is the board of water with the state of
 
         9    Louisiana.
 
        10                  Currently on Sabine Lake, there are
 
        11    different bag limits on red drum and spotted seatrout
 
        12    and different size limits for all three species
 
        13    mentioned in the petition.
 
        14                  Under the reciprocal licensing
 
        15    agreement with Louisiana, personal license in either
 
        16    state may fish the waters of the other state and land
 
        17    fish according to the bag and size limits of that
 
        18    state.  For instance, a Texas angler can fish in
 
        19    Louisiana waters catching land up to 25 spotted
 
        20    seatrout in Texas so long as they were caught on the
 
        21    Louisiana side.
 
        22                  Specifically, the petition cited both
 
        23    biological and law enforcement concerns as the
 
        24    rational for the Rule and that, due to the reciprocal
 
        25    licensing agreement, basically that recreational bag
 
 
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         1    limit was being abused.
 
         2                  After reviewing the data that indicates
 
         3    that less than one percent of anglers land greater
 
         4    than the Texas bag limits at the current time and
 
         5    after reviewing the resource abundance data which
 
         6    indicates that for those three species since the
 
         7    early 1990's, those species have been going up in
 
         8    abundance, we would recommend denial of the petition
 
         9    at this time and that you would direct staff to
 
        10    continue to look at the issues regarding that
 
        11    petition, both the data and the public input as we
 
        12    moved forward.
 
        13                  I'll be happy to answer any questions.
 
        14                  CHAIRMAN BASS:  If there are not any
 
        15    questions, Mr. Gilleland, would you please come
 
        16    forward and give us your comments on this agenda
 
        17    item.
 
        18                  MR. GILLELAND:  My name is Ellis
 
        19    Gilleland.  I'm a private citizen speaking for Texas
 
        20    Animals which is an animal rights organization on the
 
        21    internet.
 
        22                  We speak very strongly against this
 
        23    organization because it does nothing for animals.  I
 
        24    signed up to speak for this -- to speak on this
 
        25    Petition for Rulemaking because there was no subject
 
 
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         1    given of what the rulemaking is.  And I see now the
 
         2    handout had to do with fish and flounder; is that
 
         3    correct?  If that's correct then I have nothing to
 
         4    say on that.
 
         5                  So my comment overall, generically, is
 
         6    please put on the agenda what the subject of the
 
         7    rulemaking is so Gilleland will not come up here and
 
         8    state that he's advocating animal rights.  Thank you.
 
         9                  CHAIRMAN BASS:  Thank you,
 
        10    Mr. Gilleland.  We'll take that under advisement.
 
        11                  CHAIRMAN BASS:  No further comment.
 
        12                  COMMISSIONER ANGELO:  Mr. Chairman, I
 
        13    did have a thought or a question.  If we're sure
 
        14    that -- or have we considered if the resources are
 
        15    abundant that maybe our license -- I mean our
 
        16    requirements or limits are too restrictive and ought
 
        17    to be revised and more in line with the Louisiana
 
        18    regulations.
 
        19                  Is that something that's been
 
        20    considered?
 
        21                  MR. RIECHERS:  Currently in combination
 
        22    with the Louisiana limits, basically we are seeing
 
        23    increases in abundance trends.  Probably what those
 
        24    are due mostly to are the removal of nets from the
 
        25    Louisiana side, commercial netting from the Louisiana
 
 
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         1    side.  So that's probably what has driven those
 
         2    current increases.  But we're ongoing and continuing
 
         3    to work with Louisiana to try to develop compatible
 
         4    regulations regarding that particular body of water.
 
         5                  CHAIRMAN BASS:  Does that answer your
 
         6    question satisfactory?
 
         7                  COMMISSIONER ANGELO:  Yes, I think
 
         8    that's important, that we try to bring them in line
 
         9    with each other -- whichever direction that they need
 
        10    to go.
 
        11                  COMMISSIONER IDSAL:  When were those
 
        12    nets removed?
 
        13                  MR. RIECHERS:  They started the removal
 
        14    a little bit in the early 90's but ultimately it was
 
        15    '97 when all netting was removed from that side.
 
        16    Thank you.
 
        17                  CHAIRMAN BASS:  Other comments?  Chair
 
        18    would entertain a motion.
 
        19                  COMMISSIONER ANGELO:  I move approval.
 
        20                  COMMISSIONER HENRY:  Second.
 
        21                  CHAIRMAN BASS:  I have a motion and a
 
        22    second.  All in favor?
 
        23                  COMMISSIONERS:  Aye.
 
        24                  CHAIRMAN BASS:  Any oppose?  Thank
 
        25    you.  The motion carries.
 
 
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         1                  (Motion carries unanimously.)
 
         2    "The Texas Parks and Wildlife Commission denies the
 
         3    rulemaking petition at this time and directs the
 
         4    staff to continue to evaluate data and review public
 
         5    input with regard to future recommendations."
 
         6        AGENDA ITEM NO. 5:  ACTION - STATEWIDE AQUATIC
 
         7                 VEGETATION MANAGEMENT RULES
 
         8                  CHAIRMAN BASS:  Item 5, Statewide
 
         9    Aquatic Vegetation Management Rules.
 
        10                  MR. SWEENEY:  Good morning, Commission.
 
        11    I'm Bob Sweeney from the Resource Protection
 
        12    Division.  I'm here this morning to ask you to adopt
 
        13    rules governing statewide management of aquatic
 
        14    vegetation that will implement House Bill 3079 from
 
        15    the most recent legislature.
 
        16                  The rules that we're bringing forward
 
        17    for adoption today were the product of a ten month
 
        18    rulemaking process that included people from all
 
        19    across the spectrum that are concerned with aquatic
 
        20    vegetation issues.  And you'll see on the screen a
 
        21    list of the participants in that task force.  And I'd
 
        22    like to say that each member of that task force made
 
        23    an important contribution to this effort.  And the
 
        24    rules that we're proposing, I think, are greatly
 
        25    improved by the involvement and the good work that
 
 
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         1    everyone on that task force did.  We operated in a
 
         2    cooperative spirit, didn't always agree, but I think
 
         3    we had very constructive discussions and I'm very
 
         4    thankful, personally, for all the members of that
 
         5    task force.
 
         6                  Now, the significant changes from the
 
         7    rules that we proposed with this Commission's
 
         8    approval back in May, the Rule of Publication
 
         9    Proposal was actually in July but this Commission
 
        10    approved the publication in May.  The significant
 
        11    changes are the inclusion of a "purpose" statement,
 
        12    number one.  In that "purpose" statement, we're
 
        13    proposing to make a change from what is in your
 
        14    materials.  And here it is:  We're proposing to
 
        15    ask -- to add in language directly from the statute
 
        16    that makes it clear that the "purpose" statement
 
        17    controls aquatic herbicide issues as well as the
 
        18    broader range of measures that are taken to control a
 
        19    nuisance aquatic vegetation in the state.  This is a
 
        20    change that was requested by the Smart Clean Water
 
        21    Action folks.  And since it essentially puts
 
        22    statutory language into the "purpose" statement, we
 
        23    really have no objection.
 
        24                  The second significant change from the
 
        25    proposed rules I'd like to point out is that
 
 
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         1    standards are now in the rules to govern the content
 
         2    of the guidance document.  That guidance document is
 
         3    a crucial component of our program to help control
 
         4    nuisance aquatic vegetation statewide.
 
         5                  Third, we're defining more carefully
 
         6    the requirements for approval of local plans; that is
 
         7    something that was not done before, we've done it
 
         8    now.  TNRCC, among others, asked for that change.
 
         9                  And fourth, we are now explaining how
 
        10    the guidance document itself, which is not a rule,
 
        11    but how the guidance document will be modified and
 
        12    we're putting some public notice provisions in there
 
        13    so the folks will know when the guidance document is
 
        14    being changed.
 
        15                  We've received a lot of comments on
 
        16    these rules, about 30 written comments.  We also had
 
        17    a public hearing, we received comment at that
 
        18    juncture.  Four entities commented in favor of all
 
        19    the rules:  City of Austin, GBRA, Texas Agriculture
 
        20    Association, Texas Agriculture Industry Association.
 
        21    Only the city of San Angelo commented in opposition
 
        22    to the rules.
 
        23                  We had a number of comments relating to
 
        24    Trading House Creek Reservoir; I think we've
 
        25    adequately answered those.  We had comments from
 
 
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         1    Novartis Crop Protection; I think we've adequately
 
         2    addressed those.  We had comments from the Sabine
 
         3    River Authority relating to the addition of a
 
         4    liability cap and funding for this program and those
 
         5    are matters that are really not within the scope of
 
         6    this rulemaking, they're not really within our
 
         7    statutory authority to do.  And we also had comments
 
         8    from SMART and Clean Water Action which, in large
 
         9    part, are reflected in the rules that we're
 
        10    proposing.
 
        11                  The next step we have now is to
 
        12    finalize the guidance document.  We have another
 
        13    meeting of the task force in early December.  The
 
        14    staff asked today that you adopt the following
 
        15    motion, as shown on your screen.
 
        16                  I'm available for questions.
 
        17                  CHAIRMAN BASS:  If there are no
 
        18    questions at this time, I'd like to move to the
 
        19    public comment.  Sparky Anderson from Clean Water
 
        20    Action is here and would like to speak.
 
        21                  And David Stewart from SMART, if you'd
 
        22    be prepared to speak after Mr. Anderson's comments.
 
        23                  MR. ANDERSON:  Thank you Mr. Chairman,
 
        24    Commissioners, Mr. Sansom.
 
        25                  Well, we're finally here to get this
 
 
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         1    rule package approved by the commission.  It's taken
 
         2    a considerable amount of time and energy and I want
 
         3    to thank staff as well as all the other stake holders
 
         4    for their very valuable input.
 
         5                  Mr. Chairman, as you remember, about
 
         6    three years ago we raised this issue about the use of
 
         7    aquatic herbicides, control nuisance vegetation and
 
         8    the management, in general, of how we're going to
 
         9    deal with this.
 
        10                  The scope of this issue is huge.  Texas
 
        11    is going to continue to see this problem of aquatic
 
        12    vegetation being in the way of all kinds of
 
        13    progress:  The use of our reservoirs, the impacts,
 
        14    the fisheries and the way people want to enjoy our
 
        15    water resources.
 
        16                  The issue is controversial in the
 
        17    management techniques.  As a matter of fact, last
 
        18    night we spent a considerable amount of time with the
 
        19    City of Austin who is now facing a hydrilla problem
 
        20    on Lake Austin, one of the world's best bass
 
        21    fisheries in the country.  That's the reason why it's
 
        22    important to get this rule package out.  Our
 
        23    organizations have conceded in a lot and have
 
        24    actually stepped back away from some of our line in
 
        25    the sand positions simply to move this package
 
 
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         1    forward.  The reason why is because the controversies
 
         2    are so great, the decisions that are being made are
 
         3    so great in the way of economics, as well as public
 
         4    perception and need, that there needs to be some
 
         5    guidance before local authorities, like the City of
 
         6    Austin, to have some direction.  And it's going to be
 
         7    the job of Texas Parks and Wildlife.  This issue has
 
         8    been placed in your lap to manage and guide for the
 
         9    rest of Texas' time.  Nuisance vegetation will not go
 
        10    away.  It's like the fire ant, it's with us for life.
 
        11     .
 
        12                  Therefore the other thing that needed
 
        13    to be added to this action today is your
 
        14    recommendation to staff to move forward on research,
 
        15    more public education and to seek funding.
 
        16                  The issue of funding is critical.  When
 
        17    we got the legislation passed, it moved us forward, a
 
        18    huge step forward, in helping to solve the debates
 
        19    and the questions about what to do with nuisance
 
        20    vegetation.  Unfortunately the legislature didn't
 
        21    bring along a checkbook.  And with that, you're
 
        22    leaving this responsibility in the hands of the water
 
        23    authorities who themselves have not planned in
 
        24    budgets and put together resources to deal with this
 
        25    very costly issue.
 
 
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         1                  So I encourage you to keep working with
 
         2    the staff and with the legislature to find ways to
 
         3    improve funding to make this program work better.  We
 
         4    will continue to work with staff and this department
 
         5    to make sure that nuisance vegetation is an issue
 
         6    that is addressed, that is taken care of, most
 
         7    importantly that people are assured the public safety
 
         8    and use of our water resources are to their needs and
 
         9    to their desire.
 
        10                  Thank you.
 
        11                  CHAIRMAN BASS:  Thank you for your
 
        12    comments and we appreciate your participation in
 
        13    working with the group to make this -- to get us
 
        14    where we are.
 
        15                  Mr. Stewart, please.
 
        16                  MR. STEWART:  Thank you, Chairman Bass;
 
        17    Commissioners; my friend, Andy.  My name is David
 
        18    Stewart.  I am president of SMART.  I guess I was one
 
        19    of the ring leaders that caused this thing to be
 
        20    here.  It was something that really needed to be done
 
        21    and I'm not going to add to what Sparky said but
 
        22    there were some issues that we felt like should be in
 
        23    the rules that didn't get there but the rules was a
 
        24    good package.  We certainly ask for your support in
 
        25    passing these rules.
 
 
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         1                  But I would like to clarify a couple of
 
         2    points that I believe would be some real concern to
 
         3    this Commission if I was on there.  One of them in
 
         4    particular, I've heard some rumors of two things:
 
         5    That they want you to support a liability cap and
 
         6    they want the Parks and Wildlife to take over the
 
         7    management of vegetation in the state of Texas.  In
 
         8    the sense of the word, that you're the people that
 
         9    physically have to go take care of those statewide
 
        10    basis.  Now, you're not doing that now and I
 
        11    certainly don't want you to do that in the future and
 
        12    I will do my best in the next session to make sure
 
        13    that don't happen.
 
        14                  CHAIRMAN BASS:  We'll appreciate your
 
        15    partnership.
 
        16                  MR. STEWART:  Believe me, I'll be there
 
        17    anyway.  You don't need that job.  What you need to
 
        18    be as far as maintenance is concerned -- there's a
 
        19    very interesting article that came in the last Texas
 
        20    Parks and Wildlife News on the conservation task
 
        21    force that some of you Commissioners were on Governor
 
        22    Bush and there was a statement that says,
 
        23    "Incorporate the needs of fish and wildlife into
 
        24    existing water resource management".  And to me,
 
        25    that's how to use habitat -- vegetation is only one
 
 
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         1    part of habitat, okay?  But to use habitat both for
 
         2    fisheries and hunting to betterment for the whole --
 
         3    for the State of Texas.  That's where you need to be
 
         4    the experts, that's my idea of management for Parks
 
         5    and Wildlife.  Not physically out there with sprayers
 
         6    or whatever you're going to talk about doing.  You
 
         7    don't need to be in that business.  That's my
 
         8    personal feeling.  It's very expensive, on top of
 
         9    that.
 
        10                  As far as the money issue is concerned,
 
        11    you've already heard our commitment in the next
 
        12    session that we're going to support trying to get
 
        13    money for Parks and Wildlife for this program.  And
 
        14    you have my word again that we will do the same
 
        15    dedication to y'all that this Bill had when it got
 
        16    passed in the last session.
 
        17                  And I appreciate your time.  Thank you
 
        18    very much.
 
        19                  CHAIRMAN BASS:  Thank you.  And we also
 
        20    appreciate the cooperative spirit and partnership in
 
        21    working with your group and we've come a long way.
 
        22                  MR. STEWART:  We have.  Thank you
 
        23    again.
 
        24                  CHAIRMAN BASS:  Thank you.  All right,
 
        25    that's the public comment on this.  Are there any
 
 
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         1    comments from the commission?
 
         2                  The Chair would entertain a motion.
 
         3                  COMMISSIONER IDSAL:  So moved.
 
         4                  CHAIRMAN BASS:  Motion to approve it as
 
         5    presented.  And second?
 
         6                  COMMISSIONER HENRY:  Second.
 
         7                  CHAIRMAN BASS:  And all in favor?
 
         8                  COMMISSIONERS:  Aye.
 
         9                  CHAIRMAN BASS:  Any opposed?  The
 
        10    motion carries.  Thank you.
 
        11                  (Motion carries unanimously.)
 
        12    "The Texas Parks and Wildlife Commission adopts new
 
        13    Subchapter K of 31 Texas Administrative Code Chapter
 
        14    57, relating to the statewide aquatic vegetation
 
        15    management plan, as shown in Exhibit A."
 
        16    AGENDA ITEM NO. 6:  ACTION- MANAGED LANDS DEER
 
        17                           PERMITS
 
        18                  CHAIRMAN BASS:  All right, Item 6,
 
        19    managed lands deer permits.
 
        20                  CHAIRMAN BASS:  Mr. Avila, are you in
 
        21    accord with the last motion?
 
        22                  COMMISSIONER AVILA:  Yes.
 
        23                  CHAIRMAN BASS:  Okay, thank you.
 
        24                  MR. COOKE:  Mr. Chairman and Members,
 
        25    my name is Jerry Cooke, Game Branch Chief for the
 
 
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         1    wildlife division and I'm bringing you a proposed
 
         2    change to the MLD regulations, Managed Land Deer
 
         3    Permits regulations.
 
         4                  Because of the wording of the
 
         5    regulations describing Level 2 and Level 3 MLD's were
 
         6    valid, there will be weeks this year in which the
 
         7    South and Central Texas general seasons will be open
 
         8    for hunting but closed on these specifically approved
 
         9    properties.  This produces an inadvertent patchwork
 
        10    of closing dates on these properties in these
 
        11    regions.
 
        12                  This proposal would change the language
 
        13    so that Level 2 and Level 3 MLDP's would be valid
 
        14    through the current time-frame described in the
 
        15    proclamation or through the closure of the regular
 
        16    season in the county, whichever provides the longest
 
        17    season for those properties.
 
        18                  We've received no public comment on
 
        19    this proposal.  The recommended motion as it appears
 
        20    in your booklet would read:  "The Texas Parks and
 
        21    Wildlife Commission adopts an amendment to 31 TAC
 
        22    65.26 concerning Managed Land Deer Permits with
 
        23    changes to the proposed text (located in Exhibit A)
 
        24    as published in the September 22nd, 2000 issue of the
 
        25    Texas Register."
 
 
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         1                  Do you have any comments or questions
 
         2    of me?
 
         3                  COMMISSIONER ANGELO:  This would apply
 
         4    to the 2000/2001 season or not?
 
         5                  JERRY COOKE:  It will.  As soon as --
 
         6    depending on adoption.  If it were adopted by you, it
 
         7    would go into effect 20 days following our filing
 
         8    with the Secretary of State.  So it would affect this
 
         9    hunting season that we're currently in.
 
        10                  CHAIRMAN BASS:  We have some public
 
        11    comment on this item.  David Langford, if you'd come
 
        12    forward.
 
        13                  And Mr. Gilleland, if you'd be prepared
 
        14    to speak after Mr. Langford.
 
        15                  MR. LANGFORD:  Thank you Mr. Chairman,
 
        16    Members of the Commission.  I'm David Langford, Texas
 
        17    Wildlife Association and we very much urge that you
 
        18    approve this.  We support it and are now giving our
 
        19    public comment and we really thank the staff for
 
        20    finding this and rectifying it and we appreciate it
 
        21    very much.
 
        22                  Thank you.
 
        23                  CHAIRMAN BASS:  Thank you,
 
        24    Mr. Langford.
 
        25                  Mr. Gilleland.
 
 
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         1                  MR. GILLELAND:  My name is Ellis
 
         2    Gilleland, speaking for Texas Animals, an animal
 
         3    rights organization on the internet.
 
         4                  I'd like to remind you of an article
 
         5    that Mark McDonald of the San Antonio News Express
 
         6    wrote on the 13th of October 1998 when y'all first
 
         7    started this Managed Deer thing behind the high
 
         8    fences.  He calls it, your whole program, and I
 
         9    quote, "European even five system", unquote.  That's
 
        10    my feeling about your Managed Land Deer behind the
 
        11    high fence of the rich folks that have 5,000 bucks to
 
        12    spend for a deer.
 
        13                  I'd like to go back to the March 3rd
 
        14    publication of the Texas Register where you published
 
        15    your management spike and dove criteria with 14
 
        16    consecutive days.  Low and behold, we had the hearing
 
        17    and then -- and the 14th of July it's published and
 
        18    the 14 days on the Management vote got thrown out and
 
        19    you put in there from September through January.  My,
 
        20    my, 14 days just jumps automatically without
 
        21    publication to four months.
 
        22                  The other thing you stuck in on the
 
        23    14th of July of 2000 publication, which was not part
 
        24    of the original 3 March rule, was that under 2 MLD
 
        25    must provide for two habitat management
 
 
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         1    recommendation.  And under Level 3, must provide for
 
         2    four habitat management recommendation.  That was not
 
         3    in the original publication.  And now we're here at
 
         4    the last iteration -- at the next to the last
 
         5    iteration, 22 September, Texas Register, and now
 
         6    you're going from the four-month deer season behind
 
         7    the high fence from September to January, you're now
 
         8    make it completely open-ended because you're saying
 
         9    in the new rule now that let's do away with the four
 
        10    months and now we're just saying antler's permit is
 
        11    valid from Sunday closing September 30th to the last
 
        12    Sunday in January and during any open deer season on
 
        13    the property for which it is issued.  So it's sort of
 
        14    open-ended of what is going to happen behind the high
 
        15    fence.
 
        16                  And the last iteration which will come
 
        17    next summer, I predict, is that all -- all bag limits
 
        18    will be removed from you rich folks behind the high
 
        19    fences.  You've gone through four steps; I've just
 
        20    delineated it over a two-year period.  So at the end
 
        21    of the third year cycle, next year, I'll be back here
 
        22    telling all these rich folks -- Mark's not here, I
 
        23    wish he'd hear this -- that to shoot bucks for 5,000
 
        24    you eliminate all bag limits behind high fences.
 
        25                  Please serve champagne and cocktails
 
 
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         1    and have water for the animal rights activists at the
 
         2    gate trying to get in.
 
         3                  Thank you.
 
         4                  CHAIRMAN BASS:  Dr. Cooke, for
 
         5    clarification, neither the Managed Land Deer Permits
 
         6    in question here nor the antlerless and spike control
 
         7    program that Mr. Gilleland referred to is restricted
 
         8    to high fences.
 
         9                  JERRY COOKE:  It's unrelated to the
 
        10    fence.
 
        11                  CHAIRMAN BASS:  Unrelated to the --
 
        12                  MR. COOKE:  Whether there's a fence or
 
        13    not.
 
        14                  CHAIRMAN BASS:  Thank you.  I just
 
        15    wanted to clarify that.
 
        16                  Any other comments?
 
        17                  COMMISSIONER ANGELO:  Move approval of
 
        18    the recommendation.
 
        19                  COMMISSIONER IDSAL:  Second.
 
        20                  CHAIRMAN BASS:  Motion and a second.
 
        21    All in favor?
 
        22                  COMMISSIONERS:  Aye.
 
        23                  CHAIRMAN BASS:  Opposed?  Motion
 
        24    carries.  Thank you.
 
        25                  (Motion carries unanimously.)
 
 
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         1    "The Texas Parks and Wildlife Commission adopts an
 
         2    amendment to 31 TAC 65.26, concerning Managed Lands
 
         3    Deer Permits, with changes to the proposed text
 
         4    (located at Exhibit A) as published in the September
 
         5    22, 2000, issue of the Texas Register (25 TexReg
 
         6    9420)."
 
         7    AGENDA ITEM NO. 9:  ACTION - LAND SALE- NACOGDOCHES
 
         8                  COUNTY (ALAZAN BAYOU WMA)
 
         9                  CHAIRMAN BASS:  Item 9, Land Sale,
 
        10    Nacogdoches County.  Jack Bauer.
 
        11                  MR. BAUER:  Good morning, Chairman and
 
        12    Commissioners.  My name is Jack Bauer with the Land
 
        13    Conservation Program.  This item will reflect a
 
        14    summary of the Conservation Committee Executive
 
        15    Session item presented yesterday.
 
        16                  Nacogdoches County has proposed to
 
        17    Texas Parks and Wildlife the sale of 12.23 acres
 
        18    associated with the Alazan Bayou Wildlife Management
 
        19    Area, it's for the purpose of widening FM 2782.
 
        20    Improvements to the road are scheduled -- include a
 
        21    scheduled upgrade by the Texas Department of
 
        22    Transportation.
 
        23                  The staff recommends the Commission
 
        24    consider the motion before you to sell 12.23 acres at
 
        25    the Alazan Bayou Wildlife Management Area to
 
 
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         1    Nacogdoches County for the purpose of supplying right
 
         2    of way for road improvements.
 
         3                  That's all I have.
 
         4                  CHAIRMAN BASS:  Any questions?  Any
 
         5    motion?
 
         6                  COMMISSIONER AVILA:  So moved.
 
         7                  VICE-CHAIR DINKINS:  Second.
 
         8                  CHAIRMAN BASS:  Motion and a second.
 
         9    All in favor?
 
        10                  COMMISSIONERS:  Aye.
 
        11                  CHAIRMAN BASS:  Any opposed?  The
 
        12    motion carries.  Thank you.
 
        13                  (Motion carries unanimously.)
 
        14    "The Executive Director is authorized to take all
 
        15    steps necessary to sell approximately 12.23 acres at
 
        16    the Alazan Bayou WMA to Nacogdoches County for the
 
        17    purpose of supplying right-of-way for road
 
        18    improvements to FM 2782."
 
        19    AGENDA ITEM NO. 10:  ACTION - LAND ACQUISITION -
 
        20               KENDALL COUNTY (OLD TUNNEL WMA)
 
        21                  CHAIRMAN BASS:  And Kendall County.
 
        22    Old Tunnel Wildlife Management Area.
 
        23                  Mr. Bauer.
 
        24                  MR. BAUER:  Chairman and Commissioners,
 
        25    this item also reflects the summary of the
 
 
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         1    Conservation Committee Executive Session item
 
         2    presented yesterday:  Land acquisition of a 5.61 acre
 
         3    rural subdivision lot, located adjacent to the Old
 
         4    Tunnel Wildlife Management Area.  It is recommended
 
         5    for the purpose of providing space to construct a
 
         6    parking lot in support of the increased public
 
         7    visitation at Old Tunnel.
 
         8                  As directed by the Chairman, staff will
 
         9    evaluate compatible commercial use on this property
 
        10    that may in the future contribute to offsetting
 
        11    operation costs at the facility.
 
        12                  The staff recommends the Commission
 
        13    consider the motion before you to acquire 5.61 acres
 
        14    in Kendall County as an addition to the Old Tunnel
 
        15    Wildlife Management Area.
 
        16                  CHAIRMAN BASS:  Questions or comments?
 
        17                  COMMISSIONER HENRY:  Mr. Chairman.
 
        18                  CHAIRMAN BASS:  Yes?
 
        19                  COMMISSIONER HENRY:  Do I understand
 
        20    that it's not necessary to include in the motion the
 
        21    actions that were directed by the Chairman at the
 
        22    committee meeting concerning looking into the other
 
        23    possibilities for --
 
        24                  CHAIRMAN BASS:  I believe, as presented
 
        25    by Mr. Bauer, the motion would include staff
 
 
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         1    examining.
 
         2                  COMMISSIONER HENRY:  So that would
 
         3    limit it to that effect; is that correct?
 
         4                  CHAIRMAN BASS:  Yes.
 
         5                  MR. BAUER:  That's certainly staff's
 
         6    intent, sir.
 
         7                  CHAIRMAN BASS:  Yes, I believe that's
 
         8    the intent of the motion.
 
         9                  COMMISSIONER HENRY:  Thank you.
 
        10                  VICE-CHAIR DINKINS:  I move approval of
 
        11    the staff recommendation.
 
        12                  COMMISSIONER AVILA:  I second.
 
        13                  CHAIRMAN BASS:  We have a motion and a
 
        14    second.  All in favor?
 
        15                  COMMISSIONERS:  Aye.
 
        16                  CHAIRMAN BASS:  Any opposed?  Motion
 
        17    carries.
 
        18                  Thank you very much, Mr. Bauer.
 
        19                  (Motion carries unanimously.)
 
        20    "The Executive Director is authorized to take all
 
        21    steps necessary to acquire approximately 5.61 acres
 
        22    in Kendall County as an addition to the Old Tunnel
 
        23    Wildlife Management Area."
 
        24                  CHAIRMAN BASS:  Mr. Sansom, is there
 
        25    any other business to come before this Commission
 
 
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         1    today?
 
         2                  MR. SANSOM:  No, Mr. Chairman, with the
 
         3    exception I would like to point out that we do have a
 
         4    group of students here from the Wildlife Biology
 
         5    Program at the Texas A & M University and their
 
         6    professor, Mr. Lacher and we welcome them today.
 
         7                  Thank you very much.
 
         8                  CHAIRMAN BASS:  Nice to have you all
 
         9    here.
 
        10                  MR. SANSOM:  And I would like to ask
 
        11    Larry McKinney to give you a brief rundown on the
 
        12    impact of the rainfall in the last few weeks.
 
        13                  (WHEREUPON a briefing item was
 
        14    presented to the Commission, after which the
 
        15    following proceedings were had:)
 
        16                  CHAIRMAN BASS:  Mr. Sansom, does that
 
        17    conclude everything that you have for us today?
 
        18                  MR. SANSOM:  Yes, sir.
 
        19                  CHAIRMAN BASS:  We stand adjourned.
 
        20                  MR. GILLELAND:  I signed up to speak.
 
        21                  CHAIRMAN BASS:  That was a briefing
 
        22    item.  Do you still wish to say something?
 
        23                  MR. GILLELAND:  I'll just make a
 
        24    comment --
 
        25                  MR. SANSOM:  Mr. Gilleland, you need to
 
 
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         1    come forward.
 
         2                  MR. GILLELAND:  Thank you for making
 
         3    the exception.  I did sign up, though.
 
         4                  I have no comment, I just would like to
 
         5    say that I'd like to give thanks to the source of the
 
         6    rain.
 
         7                  Thank you.
 
         8                  CHAIRMAN BASS:  Thank you,
 
         9    Mr. Gilleland.
 
        10                  We stand adjourned.
 
        11                     (HEARING ADJOURNED)
 
        12                           *****
 
        13
 
        14
 
        15
 
        16
 
        17
 
        18
 
        19
 
        20
 
        21
 
        22
 
        23
 
        24
 
        25
 
 
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         1                    REPORTER'S CERTIFICATE
 
         2    STATE OF TEXAS     )
 
         3    COUNTY OF BEXAR    )
 
         4        I, SUSAN DILLON, a Certified Shorthand Reporter
 
         5    in and for the State of Texas, do herby certify that
 
         6    the above and foregoing 62 pages constitute a full,
 
         7    true and correct transcript of the minutes of the
 
         8    Texas Parks and Wildlife Commission on NOVEMBER 9TH,
 
         9    2000, in the Commission
 
        10    hearing room of the Texas Parks and Wildlife
 
        11    Headquarters Complex in Austin, Travis County, Texas
 
        12        I FURTHER CERTIFY that a stenographic record was
 
        13    made by me at the time of the public meeting and said
 
        14    stenographic notes were thereafter reduced to
 
        15    computerized transcripts under my supervision and
 
        16    control.
 
        17        WITNESS MY HAND this the 4th day of January,
 
        18    2001.
 
        19                  ___________________________
 
        20                  SUSAN DILLON, TEXAS CSR 6064
 
        21                  Expiration Date:  12/31/01
 
        22                  1700 I.H. 10 West, Suite 100C
 
        23                  San Antonio, Texas 78230
 
        24                  (210) 377-3027 PHONE
 
        25                  (210) 344-6016 FAX
 
 
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         1
 
         2
 
         3             ____________________________________
                            Lee M. Bass, Chairman
         4
 
         5             ____________________________________
                            Carol Dinkins, Vice-Chair
         6
 
         7             ____________________________________
                            Ernest Angelo, Jr., Member
         8
 
         9             ____________________________________
                            John Avila, Jr., Member
        10
 
        11             ____________________________________
                            Richard W. (Dick) Heath, Member
        12
 
        13             ____________________________________
                            Alvin L. Henry, Member
        14
 
        15             ____________________________________
                            Katharine Armstrong Idsal, Member
        16
 
        17             ____________________________________
                            Nolan Ryan, Member
        18
 
        19             ____________________________________
                            Mark E. Watson, Jr., Member
        20
 
        21
 
        22
 
        23
 
        24
 
        25
 
 
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