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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Texas Parks and |
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Wildlife Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.0111, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife |
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Department is subject to Chapter 325, Government Code (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the department is abolished September 1, 2033 [2021]. |
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SECTION 2. Section 11.0126, Parks and Wildlife Code, is |
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amended by amending Subsection (b) and adding Subsection (d) to |
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read as follows: |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing [legislation that created the] |
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department operations [and the commission]; |
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(2) the programs, functions, rules, and budget of |
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[operated by] the department; |
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(3) the scope of and limitations of the rulemaking |
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authority [the role and functions] of the commission [department]; |
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(4) [the rules of the commission, with an emphasis on |
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the rules that relate to disciplinary and investigatory authority; |
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[(5) the current budget for the department; |
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[(6)] the results of the most recent formal audit of |
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the department; |
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(5) [(7)] the requirements of: |
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(A) laws relating to [the] open meetings, public |
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information, administrative procedure, and disclosing conflicts of |
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interest [law, Chapter 551, Government Code]; and |
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(B) [the public information law, Chapter 552, |
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Government Code; |
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[(C) the administrative procedure law, Chapter |
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2001, Government Code; and |
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[(D)] other laws applicable to members of a state |
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policy-making body in performing their duties [relating to public |
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officials, including conflict-of-interest laws]; and |
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(6) [(8)] any applicable ethics policies adopted by |
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the department or the Texas Ethics Commission. |
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(d) The director shall create a training manual that |
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includes the information required by Subsection (b). The director |
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shall distribute a copy of the training manual annually to each |
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member of the commission. Each member of the commission shall sign |
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and submit to the director a statement acknowledging that the |
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member received and has reviewed the training manual. |
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SECTION 3. The heading to Section 11.0161, Parks and |
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Wildlife Code, is amended to read as follows: |
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Sec. 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES[; |
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COMPLAINTS]. |
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SECTION 4. Subchapter B, Chapter 11, Parks and Wildlife |
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Code, is amended by adding Section 11.0165 to read as follows: |
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Sec. 11.0165. COMPLAINTS. (a) The department shall |
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maintain a system to promptly and efficiently act on complaints |
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filed with the department. The department shall maintain |
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information about parties to the complaint, the subject matter of |
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the complaint, a summary of the results of the review or |
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investigation of the complaint, and its disposition. |
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(b) The department shall make information available |
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describing its procedures for complaint investigation and |
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resolution. |
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(c) The department shall periodically notify the complaint |
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parties of the status of the complaint until final disposition |
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unless the notice would jeopardize an investigation. |
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SECTION 5. Section 11.104, Parks and Wildlife Code, is |
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amended by amending Subsection (c) and adding Subsections (f) and |
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(g) to read as follows: |
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(c) Based on the analysis made under Subsection (a), the |
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department shall prepare a land and water resources conservation |
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and recreation plan. [The plan must include criteria for |
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determining how to meet the state's conservation and recreation |
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needs.] The department shall revise the plan as necessary to |
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reflect changes in the inventory developed under Section 11.103. |
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The plan must include: |
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(1) criteria for determining how to meet the state's |
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conservation and recreation needs; and |
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(2) measures of the effectiveness of the department in |
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meeting the goals and objectives of the plan, including, where |
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possible, quantifiable measures. |
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(f) Every five years the department shall evaluate progress |
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towards achieving the goals and objectives of the plan prepared |
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under Subsection (c). The department's evaluation must: |
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(1) include the effectiveness measures under |
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Subsection (c)(2); and |
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(2) identify: |
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(A) the goals and objectives met by the |
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department; and |
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(B) reasons for any unmet goals or objectives. |
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(g) On completion of an evaluation under Subsection (f), the |
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department shall develop and implement practices designed to |
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improve progress towards meeting the goals and objectives of the |
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plan. |
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SECTION 6. Subchapter B, Chapter 12, Parks and Wildlife |
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Code, is amended by adding Section 12.1025 to read as follows: |
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Sec. 12.1025. RISK-BASED INSPECTIONS OF NONRECREATIONAL |
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AUTHORIZATION HOLDERS. (a) In this section, "nonrecreational |
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authorization holder" means a holder of a license, permit, or other |
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authorization required by this code or rules adopted under this |
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code. The term does not include a holder of: |
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(1) a hunting license issued under Chapter 42; |
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(2) a hunting or fishing stamp issued under Chapter |
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43; |
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(3) a fishing license issued under Chapter 46; or |
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(4) a combination hunting and fishing license issued |
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under Chapter 50. |
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(b) The commission by rule shall adopt a policy to guide the |
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prioritization of inspections of nonrecreational authorization |
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holders based on risk to the state's natural resources. |
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(c) The policy adopted under this section must require that |
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the department: |
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(1) identify the nonrecreational authorization |
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holders that require on-site inspections; |
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(2) develop an assessment tool for determining the |
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appropriate frequency and intensity of department inspections of |
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nonrecreational authorization holders, based on key risk factors |
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and indications of increased or decreased risk, such as repeated or |
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remedied violations and failed or passed inspections; and |
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(3) document all inspections of nonrecreational |
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authorization holders and the results of those inspections and make |
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the documentation available to all employees whose job descriptions |
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include the regulation of nonrecreational authorization holders. |
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SECTION 7. Section 24.001(12), Parks and Wildlife Code, is |
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amended to read as follows: |
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(12) "Underserved population" means any group of |
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people that is: |
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(A) low income, inner city, or rural as |
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determined by the last census; |
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(B) [, or] minority; |
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(C) youth, including youth at risk and youth with |
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a physical, developmental, or intellectual disability or mental |
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illness;[, physically or mentally challenged youth at risk, youth,] |
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or |
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(D) female. |
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SECTION 8. Section 24.051(11), Parks and Wildlife Code, is |
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amended to read as follows: |
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(11) "Underserved population" means any group of |
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people that is: |
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(A) low income or inner city, as determined by |
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the last census; |
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(B) [, or] minority; |
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(C) youth, including youth at risk and youth with |
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a physical, developmental, or intellectual disability or mental |
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illness;[, physically or mentally challenged youth at risk, youth,] |
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or |
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(D) female. |
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SECTION 9. Section 31.044, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 31.044. INSPECTIONS. (a) A dealer, distributor, or |
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manufacturer may not refuse to allow the department or a peace |
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officer to inspect a vessel, outboard motor, or records relating to |
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the possession, origination, ownership, or transfer of a vessel or |
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outboard motor at a dealership or distributor's or manufacturer's |
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place of business during normal business hours. |
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(b) The commission by rule shall adopt a policy to guide the |
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prioritization of inspections of license holders holding a license |
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issued under Section 31.041 based on risk to water safety. |
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(c) The policy adopted under this section must require that |
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the department: |
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(1) determine the conditions under which an on-site |
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inspection of a license holder by the department is appropriate; |
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(2) develop an assessment tool for determining the |
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appropriate frequency and intensity of department inspections of |
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license holders, based on key risk factors and indications of |
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increased or decreased risk, such as repeated or remedied |
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violations and failed or passed inspections; and |
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(3) document all license holder inspections and the |
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results of those inspections and make the documentation available |
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to all employees whose job descriptions include the regulation of |
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license holders. |
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(d) The policy adopted under this section may be combined |
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with a policy adopted under Section 12.1025. |
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SECTION 10. Sections 42.012(b) and (c), Parks and Wildlife |
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Code, are amended to read as follows: |
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(b) The commission may set a lower fee or waive the fee or |
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license requirement for a resident who is under 17 years old, 65 |
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years old or older, or participating in an event that is sponsored |
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or co-sponsored by the department [Texas Parks and Wildlife |
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Department] with the approval of the [executive] director. The |
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commission shall waive the fee for a qualified [disabled] veteran |
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with a disability and for a resident on active duty as a member of |
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the United States military forces, the Texas Army National Guard, |
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the Texas Air National Guard, or the Texas State Guard. |
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(c) "Qualified [disabled] veteran with a disability" means |
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a veteran with a service connected disability, as defined by the |
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United States Department of Veterans Affairs, consisting of the |
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loss of the use of a lower extremity or of a disability rating of 50 |
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percent or more and who is receiving compensation from the United |
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States for the disability. |
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SECTION 11. Section 46.002, Parks and Wildlife Code, is |
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amended to read as follows: |
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Sec. 46.002. EXEMPTIONS. (a) A license issued under this |
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chapter is not required of a person: |
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(1) who is a resident and whose birth date is before |
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January 1, 1931; |
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(2) who is a nonresident, if the person's birth date is |
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before September 1, 1930, and the person's state of residence |
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grants a similar age exemption to Texas residents; |
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(3) with a mental illness or developmental or |
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intellectual disability who is engaged [mentally disabled and who |
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is engaging] in recreational fishing as part of medically approved |
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therapy[, and who is fishing] under the immediate supervision of |
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personnel approved or employed by a hospital, residence, or school |
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for [mentally disabled] persons with mental illnesses or |
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developmental or intellectual disabilities; |
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(4) with a mental illness or developmental or |
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intellectual disability who is [mentally retarded and is] engaged |
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in recreational fishing under the immediate supervision of a person |
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who: |
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(A) holds a license issued under this chapter; |
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and |
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(B) if not a member of the family of the person |
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with a mental illness or developmental or intellectual disability, |
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has the permission of the [mentally retarded person's] family head |
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or legal guardian of the person with a mental illness or |
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developmental or intellectual disability to take the [mentally |
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retarded] person with a mental illness or developmental or |
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intellectual disability fishing [if the person is not a member of |
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the family of the mentally retarded person]; or |
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(5) who is participating in an event that is sponsored |
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or co-sponsored by the department [Texas Parks and Wildlife |
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Department] with the approval of the director [Executive Director]. |
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(b) The [mentally disabled] person with a mental illness or |
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developmental or intellectual disability who is recreationally |
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fishing under Subsection (a)(3) shall carry an authorization |
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identifying the entity supplying the service. This authorization |
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may be in the form of a tag that contains the name of the sponsoring |
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entity. |
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(c) A [mentally retarded] person with a mental illness or |
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developmental or intellectual disability who is engaged in |
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recreational fishing under Subsection (a)(4) must carry a note from |
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a doctor stating that the person has been diagnosed with a mental |
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illness or developmental or intellectual disability [as mentally |
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retarded]. |
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SECTION 12. Section 46.004(c), Parks and Wildlife Code, is |
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amended to read as follows: |
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(c) The commission shall waive the fee for a qualified |
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[disabled] veteran with a disability as defined by Section 42.012 |
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and for a resident on active duty as a member of the United States |
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military forces, the Texas Army National Guard, the Texas Air |
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National Guard, or the Texas State Guard. |
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SECTION 13. Chapter 86, Parks and Wildlife Code, is amended |
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by adding Section 86.0215 to read as follows: |
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Sec. 86.0215. INSPECTIONS. (a) In this section, "permit |
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holder" means a person holding a permit under Section 86.006. |
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(b) The commission by rule shall adopt a policy to guide the |
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prioritization of inspections of permit holders based on risk to |
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the state's natural resources. |
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(c) The policy adopted under this section must require that |
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the department: |
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(1) determine the conditions under which an on-site |
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inspection of a permit holder by the department is appropriate; |
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(2) develop an assessment tool for determining the |
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appropriate frequency and intensity of department inspections of |
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permit holders, based on key risk factors and indications of |
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increased or decreased risk, such as repeated or remedied |
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violations and failed or passed inspections; and |
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(3) document all inspections of permit holders and the |
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results of those inspections and make the documentation available |
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to all employees whose job descriptions include the regulation of |
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permit holders. |
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(d) The policy adopted under this section may be combined |
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with a policy adopted under Section 12.1025. |
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SECTION 14. Sections 11.0161(b), (c), (d), and (e), Parks |
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and Wildlife Code, are repealed. |
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SECTION 15. (a) Except as provided by Subsection (b) of |
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this section, Section 11.0126, Parks and Wildlife Code, as amended |
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by this Act, applies to a member of the Parks and Wildlife |
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Commission appointed before, on, or after the effective date of |
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this Act. |
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(b) A member of the Parks and Wildlife Commission who, |
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before the effective date of this Act, completed the training |
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program required by Section 11.0126, Parks and Wildlife Code, as |
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that law existed before the effective date of this Act, is only |
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required to complete additional training on the subjects added by |
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this Act to the training program required by Section 11.0126, Parks |
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and Wildlife Code. A board member described by this subsection may |
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not vote, deliberate, or be counted as a member in attendance at a |
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meeting of the board held on or after December 1, 2021, until the |
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member completes the additional training. |
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SECTION 16. This Act takes effect September 1, 2021. |
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* * * * * |