Presenter: Ann Bright

Commission Agenda Item No. 8
Action
Rule Review – Chapters 51, 55 and 61
November 2004

I. Executive Summary: Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years. A state agency's review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist. Notices of proposed review of Chapter 51-Executive, Chapter 55-Law Enforcement, and Chapter 61-Design and Construction were published in the Texas Register (29 Tex.Reg. 2389, 7153). In August, after review of these rules, staff recommended publication of proposed repeals, amendments and new sections in the Texas Register. These proposals were published in the Texas Register on October 1, 2004 (29 Tex.Reg. 9339).

II. Discussion:
Completed Rule Review
TPWD staff recommends the adoption of the completed rule review of Chapters 51, 55 and 61.

Adoption of Changes
TPWD staff recommends the adoption of the following changes to chapters, 51, 55 and 61.

Chapter 51, Executive:

• Subchapter A, Procedures for Adoption of Rules: Clarification of language in sections 51.2 and 51.3 to more accurately reflect the process being used by TPWD (e.g., petitions are to be forwarded to the department, rather than the Executive Director, etc.).
• Subchapter B, Authority to Contract: Deletion of unnecessary language, addition of a reference to statutory requirements, and clarification of language in section 51.60.
• Subchapter C, Easement Requests and Unauthorized Easement Activity: Deletion of subchapter as unnecessary and not statutorily required. TPWD has a comprehensive land acquisition and conservation policy that addresses, among other things, easement review procedures.
• Subchapter D, Department Litigation: Deletion of subchapter as unnecessary and not statutorily required.
• Subchapter E, Sick Leave Pool: Correction of the title of the agency's sick leave pool administrator in section 51.141.
• Subchapter G, Nonprofit Organizations: Relocation of sections 51.164, Gifts to the Department, 51.167, Employee Fundraising Activities, and 51.168, Youth Appropriate Advertising to another subchapter, since these sections do not necessarily deal with Nonprofit Organizations, to be accomplished by repealing these sections and adopting new sections 51.70, 57.71 and 51.72 in a new Subchapter C.
• Subchapter H, Memorandum of Understanding: Deletion of subchapter as unnecessary and no longer statutorily required.
• Other-Training Rules. Addition of Subchapter N, section 51.500 regarding employee training as required by the Texas Government Code, section 656.048.

Chapter 55, Law Enforcement

• Subchapter J, Mandatory Hunter Education Program. Relocation to a new chapter regarding education programs, to be accomplished by repealing these sections and adopting new Subchapter D, section 51.80 in Chapter 51.
• Subchapter K, Mandatory Boater Education Program. Relocation to a new chapter regarding education programs, to be accomplished by repealing these sections and adopting new Subchapter D, section 51.81 in Chapter 51.

Chapter 61, Design and Construction

• Subchapter A, Contracts for Public Works: Clarification of language in sections 61.23 and 61.24 to more accurately reflect the agency's contract and bidding process.

III. Recommendation: Staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:

"The Texas Parks and Wildlife Commission adopts the following (1) amendments to §51.2, 51.3, 51.60, 51.141, 61.23, 61.24; (2) repeal of Subchapters C, D and H of Chapter 51 and Subchapters J and K of Chapter 55; (3) new Subchapters C, D, and N regarding Employee Fundraising and Sponsorships, Education, and Employee Training, respectively. The Texas Parks and Wildlife Commission also adopts the completed rule review of Chapters 51, 55 and 61."