SRC-JEC, MWN S.B. 305 77(R)BILL ANALYSIS Senate Research CenterS.B. 305 By: Harris Natural Resources 6/14/2001 Enrolled DIGEST AND PURPOSE Periodically, state agencies undergo a review by the Sunset Advisory Commission. During the interim of the 76th Legislature, the Texas Parks and Wildlife Department (TPWD) went through the Sunset process. S.B. 305 continues the TPWD for 12 years and makes the statutory changes recommended by the Sunset Commission. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Parks and Wildlife Commission in SECTIONS 14 (Section 11.0161, Parks and Wildlife Code), 15 (Section 11.0172, Parks and Wildlife Code), 17 (Section 11.0182, Parks and Wildlife Code), 27 (Sections 11.202 and 11.203, Parks and Wildlife Code), and 35 (Section 31.006, Parks and Wildlife Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 11.002, Parks and Wildlife Code, as follows: Sec. 11.002. POLICY IMPLEMENTATION. Requires the Parks and Wildlife (commission) to develop and implement policies that clearly separate the policymaking, rather than respective, responsibilities of the commission and the management responsibilities of the director and the department staff. SECTION 2. Amends Chapter 11A, Parks and Wildlife Code, by adding Section 11.003, as follows: Sec. 11.003. APPLICABILITY OF CERTAIN STATE LAW REQUIREMENTS. Provides that a requirement under state law that a law enforcement agency adopt a policy that requires the collection and reporting of information relating to persons detained during traffic stops, that a peace officer report information relating to persons detained during traffic and pedestrian stops, or that a law enforcement agency compile, analyze, and report information relating to persons detained during traffic and pedestrian stops does not apply to the department or an employee of the department. SECTION 3. Amends Section 11.0111, Parks and Wildlife Code, as follows: Sec. 11.0111. SUNSET PROVISION. Provides that unless continued in existence as provided by that chapter, the department is abolished September 1, 2013, rather than 2001. SECTION 4. Amends Section 11.012, Parks and Wildlife Code, by adding Subsection (d), to require the governor, in making appointments under this section, to attempt to include persons with expertise in diverse fields, including fields such as historic preservation, conservation, and outdoor recreation. SECTION 5. Amends Section 11.0121, Parks and Wildlife Code, as follows: Sec. 11.0121. QUALIFICATIONS. Prohibits a person from being a public member of the commission if the person or the person's spouse meets certain criteria. Makes a conforming change. SECTION 6. Amends Section 11.0122, Parks and Wildlife Code, as follows: Sec. 11.0122. CONFLICT OF INTEREST. (a) Defines "Texas trade association." (b) Prohibits a person from being a member of the commission and from being a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if certain conditions exist. SECTION 7. Amends Section 11.0123, Parks and Wildlife Code, as follows: Sec. 11.0123. New heading: LOBBYIST PROHIBITION. Prohibits a person from being a member of the commission or acting as the general counsel to the commission or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the Texas Parks and Wildlife Department (department). Deletes text regarding the commission. Makes conforming and nonsubstantive changes. SECTION 8. Amends Section 11.0124, Parks and Wildlife Code, as follows: Sec. 11.0124. DISCRIMINATION IN APPOINTMENTS PROHIBITED. Requires appointments to the commission to be made without regard to certain factors. SECTION 9. Amends Section 11.0125, Parks and Wildlife Code, as follows: Sec. 11.0125. REMOVAL OF A COMMISSION MEMBER. (a) Provides that it is a ground for removal from the commission that a member meets certain criteria. (b) Provides that the validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists. Makes conforming changes. (c) Requires the executive director of the Parks and Wildlife Department (director), if the director has knowledge that a potential ground for removal exists, to notify the presiding officer, rather than chairman, of the commission of the potential ground. Requires the presiding officer, rather than chairperson of the commission, to then notify the governor and the attorney general that a potential ground for removal exists. Requires the director, if the potential ground for removal involves the presiding officer, to notify the next highest ranking officer of the commission, who is then to notify the governor and the attorney general that a potential ground for removal exists. SECTION 10. Amends Chapter 11B, Parks and Wildlife Code, by adding Section 11.0126, as follows: Sec. 11.0126. TRAINING PROGRAM FOR COMMISSION MEMBERS. (a) Prohibits a person who is appointed to and qualifies for office as a member of the commission from voting, deliberating, or being counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section. (b) Requires the training program to provide the person with certain information. (c) Provides that a person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. SECTION 11. Amends Chapter 11B, Parks and Wildlife Code, by adding Section 11.0127, as follows: Sec. 11.0127. TRAINING FOR EMPLOYEES ON STATE INCENTIVE PROGRAM. Requires the director or the director's designee to provide to agency employees information and training on the benefits and methods of participation in the state employee incentive program under Subchapter B, Chapter 2108, Government Code. SECTION 12. Amends Section 11.014, Parks and Wildlife Code, as follows: Sec. 11.014. New heading: PRESIDING OFFICER. (a) Requires the governor to designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor. Makes conforming changes. (b) Provides that a vacancy in the office of presiding officer is filled in the same manner as the original designation. Deletes text regarding the commission. SECTION 13. Amends Section 11.0151, Parks and Wildlife Code, as follows: Sec. 11.0151. PUBLIC HEARINGS. (a) Defines "major decision." (b) Requires the commission to develop and implement policies that will provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission. (c) Requires the commission, or any committee of the commission with at least five commission members serving on the committee, to provide an opportunity for public testimony in an open meeting before making a major decision. SECTION 14. Amends Section 11.0161, Parks and Wildlife Code, as follows: Sec. 11.0161. New heading: NOTIFICATION OF COMMISSION ACTIVITIES; COMPLAINTS. (b) Requires the department to maintain a file on each written complaint filed with the department that the department has the authority to resolve. Requires the file to include certain information. (c) Requires the department to provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the department's policies and procedures relating to complaint investigation and resolution. (d) Requires the department, at least quarterly until final disposition of the complaint, to notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation. (e) Authorizes the commission to adopt rules to define the types of complaints to which this section applies. SECTION 15. Amends Chapter 11B, Parks and Wildlife Code, by adding Sections 11.0172 and 11.0173, as follows: Sec. 11.0172. LIMIT ON CONTRACTS FOR PUBLICATIONS. (a) Defines "publication" and "youth." (b) Prohibits the department from contracting with a person regarding a publication unless the contract provides the department the authority to meet certain criteria. (c) Requires the commission to adopt rules regarding the types of advertising that are appropriate for viewing by youth. Sec. 11.0173. PROHIBITION ON TOBACCO ADVERTISING. (a) Provides that in this section "publication" includes the publication of a book, magazine, photograph, poster, or bulletin. (b) Prohibits the department from accepting an advertisement that promotes the sale of tobacco in a publication sponsored or published by the department. SECTION 16. Amends Section 11.0181, Parks and Wildlife Code, by adding Subsection (c), to require the department to manage the outreach and education activities performed under this section to ensure that the activities meet certain conditions. SECTION 17. Amends Chapter 11B, Parks and Wildlife Code, by adding Section 11.0182, as follows: Sec. 11.0182. EMPLOYEE FUND-RAISING. (a) Provides that this section applies only to the solicitation or receipt of a gift, including money, that has a value of $500 or more. (b) Requires the commission by rule to adopt policies to govern fund-raising activities by department employees on behalf of the department. Requires the rules to meet certain criteria. (c) Requires the director to approve and manage fund-raising activities by department employees on behalf of the department in accordance with commission rules. (d) Requires at least once each biennium the state auditor to audit the fund-raising activities performed under this section. Requires the audit to disclose who has engaged in fund-raising activities for the department and the value of gifts each person has received or solicited. Requires the state auditor to report the results of the audit to the presiding officer of each house of the legislature and of each committee having primary jurisdiction over the department. Authorizes each member of the legislature to access the report. (e) Provides that policies adopted by the commission under Subsection (b) are public information under Chapter 552, Government Code. SECTION 18. Amends Section 11.021, Parks and Wildlife Code, as follows: Sec. 11.021. INFORMATION CONCERNING QUALIFICATIONS AND RESPONSIBILITIES. Requires the director or the director's designee to provide to commission members and department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees. Deletes text regarding qualifications. Makes conforming and nonsubstantive changes. SECTION 19. Amends Section 11.022, Parks and Wildlife Code, as follows: Sec. 11.022. EQUAL OPPORTUNITY EMPLOYMENT. (a) Requires the director or the director's designee to prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to certain factors. (b) Requires the policy statement to include certain information. (c) Requires the policy statement to meet certain conditions. SECTION 20. Amends Chapter 11B, Parks and Wildlife Code, by adding Section 11.0255, as follows: Sec. 11.0255. EVALUATION OF CONSTRUCTION PROJECTS. (a) Requires the department to calculate the costs of each department construction project as the project is completed. (b) Provides that in calculating the costs under Subsection (a), the department is required and authorized to perform certain procedures. (c) Requires the State Council on Competitive Government, on request, to provide technical assistance to the department, including assistance with the application of the council's cost accounting procedures and instructions. (d) Requires the department, using the costs calculated under this section for completed projects, to evaluate the costs and benefits of contracting with private entities or individuals to manage proposed construction-related tasks or projects. SECTION 21. Amends Section 11.026, Parks and Wildlife Code, as follows: Sec. 11.026. GIFTS OF PROPERTY OR MONEY. (a) Authorizes the department, except as provided by Subsection (b), to accept gifts of property or money in support of any department purpose authorized in this code. (b) Prohibits the department from accepting a gift or other donation from a person who holds a commercial license issued by the department. Provides that for the purposes of this section, a license issued under Subchapter D, Chapter 43, is not a commercial license. SECTION 22. Amends Section 11.0261, Parks and Wildlife Code, as follows: Sec. 11.0261. New heading: PROHIBITION AGAINST ACCEPTANCE OF GIFTS, GRATUITIES, AND OTHER THINGS OF VALUE; EXCEPTION. (a) Provides that except as provided by Subsection (b), a person who is a member of the commission or an employee of the department is prohibited from accepting a gift, gratuity, or other thing of value, including travel, from a person who meets certain criteria. (b) Authorizes a department employee to accept reimbursement for travel expenses from the official nonprofit partner designated by the commission under Section 11.205 if certain conditions exist. SECTION 23. Amends Section 11.033, Parks and Wildlife Code, as follows: Sec. 11.033. USE OF GAME, FISH, AND WATER SAFETY ACCOUNT. (a) Provides that to the extent allowed by federal law, money in the game, fish, and water safety account is authorized to be used for the certain purposes. (b) Authorizes the department to use money from license fees paid by hunters and fishermen only for those functions required to manage the fish and wildlife resources of this state. SECTION 24. Amends Section 11.082, Parks and Wildlife Code, by adding Subsection (d), to require the department, in administering the state plan, to consult with, advise, provide resources to, and otherwise assist local governments regarding aquatic vegetation management and control. Provides that in this subsection, "local government" includes any political subdivision with jurisdiction over a public body of surface water. SECTION 25. Amends Chapter 11, Parks and Wildlife Code, by adding Subchapter H, as follows: SUBCHAPTER H. LAND AND WATER RESOURCES CONSERVATION PLAN Sec. 11.101. DEFINITION. Defines "conservation." Sec. 11.102. PLAN APPROVAL; HEARING REQUIRED. (a) Requires the department to obtain approval from the commission for each development plan required by statute for a geographical area managed by the department. (b) Requires the commission to hold a hearing on approval of the plan. Sec. 11.103. INVENTORY. (a) Requires the department to inventory all land and water associated with historical, natural, recreational, and wildlife resources in this state that are owned by certain entities. (b) Requires the department to use existing inventory information concerning the lands identified in Subsection (a)(1) whenever possible. (c) Requires the department to create a permanent database of the resources inventoried under Subsection (a). Requires the department, at least once every 10 years, to update the database as necessary to reflect changes in the resources. Sec. 11.104. LAND AND WATER RESOURCES CONSERVATION AND RECREATION PLAN. (a) Requires the department, using the inventory prepared under Section 11.103, to meet certain conditions. (b) Provides that the inclusion of a specific parcel of land in the inventory does not create any additional right of public access to that land. (c) Requires the department, based on the analysis made under Subsection (a), to prepare a land and water resources conservation and recreation plan. Requires the plan to include criteria for determining how to meet the state's conservation and recreation needs. Requires the department to revise the plan as necessary to reflect changes in the inventory developed under Section 11.103. (d) Requires the department to modify any existing plans regarding parks and wildlife management areas to make the existing plans consistent with the land and water resources conservation and recreation plan developed under this section. (e) Requires the department to base its decisions regarding the state's conservation needs on the criteria developed in the plan, including decisions relating to certain criteria. Sec. 11.105. COORDINATION OF CONSERVATION AND RECREATION OPERATIONS. Requires the department to perform certain procedures. Sec. 11.106. EXEMPTIONS. Provides that Section 11.104 does not apply to certain resources and property. SECTION 26. Amends Chapter 11, Parks and Wildlife Code, by adding Subchapter I, as follows: SUBCHAPTER I. STATEWIDE COMMERCIAL PROJECTS Sec. 11.151. DEFINITION. Defines "statewide commercial project." Sec. 11.152. BUSINESS PLANS. Requires each business plan developed under this subchapter to include certain information. Sec. 11.153. DEPARTMENT PLAN: OPERATIONAL STRATEGIES. (a) Requires the department to develop an agency-wide business plan to guide its overall operational strategies for statewide commercial projects. Requires the plan meet certain criteria. (b) Requires the department to use the services of the State Council on Competitive Government, where appropriate, in fulfilling the department's duties under Subsection (a)(7). Sec. 11.154. INDIVIDUAL PROJECT PLANS. (a) Requires the department to develop a business plan for each statewide commercial project. Requires the plan to contain certain information. (b) Requires the director to review the plan for each project at least annually to assess the overall performance and value of the project. (c) Authorizes the department to modify a plan as necessary to meet changing conditions. Sec. 11.155. ADJUSTMENT OR TERMINATION OF PROJECT FOR FAILURE TO MEET FINANCIAL OBJECTIVES. (a) Requires the department, except as provided by Subsection (b), to adjust or terminate a statewide commercial project that fails to meet the financial objectives stated in the project's plan. (b) Provides that this section does not apply if the department determines that the project possesses a positive public relations value or fulfills a useful educational purpose. Sec. 11.156. CONTRACT WITH PRIVATE SECTOR. Requires the department to consider contracting out all or part of a statewide commercial project to a private entity or individual, including a nonprofit entity or individual. SECTION 27. Amends Chapter 11, Parks and Wildlife Code, by adding Subchapter J, as follows: SUBCHAPTER J. NONPROFIT PARTNERSHIPS Sec. 11.201. DEFINITIONS. Defines "nonprofit partner" and "official nonprofit partner." Sec. 11.202. GENERAL DUTIES. (a) Authorizes the department to select and cooperate with nonprofit partners to serve department goals. (b) Requires the department to obtain commission approval for each nonprofit partner selected under Subsection (a). (c) Requires the commission by rule to establish best practices for nonprofit partners to comply with. Sec. 11.203. ACCOUNTABILITY OF NONPROFIT PARTNERS; INVESTMENT RESTRICTIONS. (a) Requires the commission by rule to require a nonprofit partner to comply with specified state standards and safeguards for accounting for state assets held by the nonprofit partner. (b) Provides that Chapter 2256, Government Code, applies to a nonprofit partner to the extent that the partner controls state money. Sec. 11.204. PLAN. Requires the department to provide to each nonprofit partner a copy of the plan developed under Section 11.104. Sec. 11.205. OFFICIAL NONPROFIT PARTNER. (a) Requires the commission to designate a single nonprofit partner as the official nonprofit partner of the department, unless the commission determines in writing that no nonprofit partner is capable of effectively implementing the goals of this section. (b) Requires the official nonprofit partner to be dedicated to meeting department goals. (c) Authorizes the official nonprofit partner to accept gifts, grants, and donations to further department goals, including a gift, grant, or donation made in the name of the department. (d) Authorizes the official nonprofit partner to use state money to acquire property or engage in construction activities only if that acquisition or construction is consistent with the department's conservation and recreation priorities outlined in the plan developed under Section 11.104. (e) Authorizes the official nonprofit partner to organize and manage accounts for local nonprofit partners or other organizations to benefit a specific state park or other sites under the department's jurisdiction. (f) Requires the commission by rule to establish certain criteria. Sec. 11.206. AUDIT OF OFFICIAL NONPROFIT PARTNER. (a) Requires the official nonprofit partner to be audited annually by an independent auditor. Requires the partner to file the audit with the commission. (b) Provides that the official nonprofit partner's financial transactions involving and financial records relating to state money held by the nonprofit partner are subject to audit by the state auditor as provided in Section 321.013, Government Code. Sec. 11.207. EXPENDITURES; LIMITS. (a) Requires the department to direct, by the terms of the contract or grant, how a nonprofit partner may spend any state money it receives. (b) Prohibits a state employee from directly spending or obligating a nonprofit partner's money. (c) Prohibits a nonprofit partner from spending state money to perform certain procedures. SECTION 28. Amends Section 12.025, Parks and Wildlife Code, as follows: Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (b) Requires the department, in setting priorities for the provision of money to a landowner under this section, to consider certain criteria. Makes c conforming change. SECTION 29. Amends Section 12.0251(a), Parks and Wildlife Code, to provide that except as provided by this section, information is not subject to Chapter 552, Government Code, and is prohibited from being disclosed to any person, including a state or federal agency, if the information is collected by the department in response to a landowner request relating to the specific location, species identification, or quantity of any animal or plant life that meets certain criteria. SECTION 30. Amends Section 12.703(c), Parks and Wildlife Code, to require the rules to specify standards for the licenses, including the legibility of the license. SECTION 31. Amends Section 13.001(a)-(c), Parks and Wildlife Code, as follows: (a) Provides that except as otherwise provided by law, the certain criteria are under the department's control and custody. (b) Requires the commission to establish a classification system for state parks and wildlife management areas that categorizes wildlife management areas, parks, or a portion of parks as wildlife management areas, recreational areas, natural areas, or historical sites. Prohibits the commission from classifying a historical site as a historical park. (c) Requires the commission to adopt rules governing the acquisition and development of recreational areas, natural areas, or historical sites, rather than areas. SECTION 32. Amends Section 13.002, Parks and Wildlife Code, as follows: Sec. 13.002. New heading: DEVELOPMENT AND ACQUISITION OF OUTDOOR AREAS. Authorizes the department to perform certain procedures. SECTION 33. (a) Amends Chapter 13(a), Parks and Wildlife Code, is amended by adding Section 13.0041, as follows: Sec. 13.0041. USE OF CERTAIN BOND REVENUE. Requires the department to, if practicable, apportion at least fifteen percent of any money received by the department from the proceeds of the sale of bonds issued under Section 50-f, Article III, Texas Constitution, to specific park maintenance or improvement projects for which matching private or local money for the specific state parks and wildlife projects has been made available to the department. (b) Provides that the section takes effect only if the constitutional amendment proposed by H.J.R. No. 97, 77th Legislature, Regular Session, 2001, is approved by the voters. Provides that if the proposed constitutional amendment is not approved by the voters, this section has no effect. SECTION 34. Amends Section 13.005, Parks and Wildlife Code, as follows: Sec. 13.005. New heading: ACQUISITION OF HISTORICAL SITES. (a) Makes a conforming change. (b) Makes a conforming change. (c) Requires the department to formulate plans for the preservation and development of historical sites. Before formulating a plan for a specific site, the department shall conduct an archeological survey of the site. Requires the department, in formulating plans, to perform certain procedures. Makes conforming changes. (d) Requires the department and the Texas Historical Commission (THC) to form a joint panel to establish criteria for determining whether a site is of statewide significance under Subsection (a) and to promote the continuity of a historic sites program. SECTION 35. Amends Section 31.006, Parks and Wildlife Code, by adding Subsection (f), to authorize the commission to adopt rules for the creation of a program for the continuing identification and classification of participants in the vessel and outboard motor industries doing business in this state. Authorizes the commission to set fees to administer this subsection. Requires the department to use information from the program to appoint agents under this section or for any other purpose required by the commission's rules or this chapter. SECTION 36. Amends Chapter 13A, Parks and Wildlife Code, by adding Sections 13.0051, 13.0052, and 13.0053, as follows: Sec. 13.0051. COORDINATION WITH TEXAS HISTORICAL COMMISSION; REPORT ON PRESERVATION PLANS. Requires the department to meet regularly with the THC regarding plans to preserve and develop historical sites in this state. Sec. 13.0052. REPORTS. Requires the department to periodically prepare reports on plans to preserve and develop historical sites in this state. Sec. 13.0053. REFERENCE TO HISTORICAL SITES. (a) Makes a conforming change. (b) Prohibit the department from referring to a historical site as a "historical park" under certain criteria. SECTION 37. Amends Section 13.010, Parks and Wildlife Code, as follows: Sec. 13.010. New heading: HISTORIC SITES. Authorizes the department to locate, designate, and suitably mark historic grounds, battlefields, and other historic spots in Texas as historic sites. SECTION 38. Amends Section 43.151, Parks and Wildlife Code, as follows: Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY WILDLIFE. (a) Requires a person who has evidence clearly showing that wildlife protected by this code is causing serious damage to agricultural, horticultural, or aquicultural interests or other property, or is a threat to public safety, and who desires to kill the protected wildlife to give written notice of the facts to the county judge of the county or to the mayor of the municipality in which the damage or threat occurs. (b) The county judge or mayor, on receiving the notice, shall immediately cause a substantial copy of the notice to be posted in the county courthouse or city hall, as applicable, and shall notify the department of the location of the property where the damage or threat is occurring, the type of damage or nature of the threat, and the name of the applicant. SECTION 39. Amends Section 43.152, Parks and Wildlife Code, to make a conforming change. SECTION 40. Amends Section 43.154(b), Parks and Wildlife Code, to make conforming changes. SECTION 41. Amends Section 76.007, Parks and Wildlife Code, as follows: Sec. 76.007. MAXIMUM ACREAGE UNDER LOCATION. (a) Prohibits the department from issuing a certificate of location for a location that includes more than 100 acres of land covered by water. (b) Prohibits a person owning, leasing, or controlling more than 300, rather than 100, acres of land covered by water under certificates of location. Authorizes a person who does not own, lease, or control more than 300 acres of land to act as an agent for persons who, in the aggregate, own, lease, or control more than 300 acres of land. SECTION 42. Amends Section 76.017, Parks and Wildlife Code, as follows: Sec. 76.017. New heading: LOCATION RENTAL FEES. (a) Requires the holder of a certificate of location to pay to the department $6, rather than $3, per acre of location per year to rent the location under the certificate. Deletes text regarding rental fee. (c) Requires the holder of a certificate to pay the department a late penalty fee equal to 10 percent of the amount due for any rental, transfer, sale, or renewal fee that is not paid when due. (d) Provides that the failure to pay any rental, transfer, sale, renewal, or late penalty fee within 90 days of the due date terminates the lease. SECTION 43. Amends Chapter 76A, Parks and Wildlife Code, by adding Sections 76.018 and 76.019, as follows: Sec. 76.018. LOCATION RENTAL TERM; RENEWAL; AUCTION. (a) Provides that the term of a rental lease for a location under this subchapter is 15 years. (b) Requires the commission to determine renewal procedures to follow at the end of each lease term. Requires the procedures to include certain criteria. (c) Requires the commission to determine auction procedures for the issuance of a lease that is not renewed by the previous leaseholder under Subsection (b). Sec. 76.019. PROCEDURES FOR SALE OR TRANSFER OF LOCATION RENTAL. Requires the commission to determine procedures for reissuance of a lease when the lease is sold or otherwise transferred. Requires the procedures to include certain criteria. SECTION 44. Amends Section 76.036(a), Parks and Wildlife Code, to delete a reference to stakes or fences. SECTION 45. Amends Chapter 77A, Parks and Wildlife Code, by adding Section 77.005, as follows: Sec. 77.005. STUDY AND REPORT ON SHRIMP INDUSTRY AND RESOURCES. (a) Requires the department, using the shrimp management plan required by Section 77.007 and the research conducted under Section 77.004, to comprehensively study shrimp resources, including the shrimp population, and the shrimp industry. Requires the study to analyze certain criteria. (b) Requires the department, in conducting the study, to solicit and consider input from certain sources. (c) Requires the department to report on the status of the study to certain persons. (d) Authorizes the department to repeat the study and report as necessary to adequately regulate the shrimp industry and to preserve shrimp resources. (e) Requires the commission to base policies and rules relating to shrimping on the results of the most recent study completed under this section. SECTION 46. Amends Chapter 89A, Parks and Wildlife Code, by adding Section 89.005, as follows: Sec. 89.005. USE OF BRIDGES, TUNNELS, AND CAUSEWAYS. (a) Authorizes the department, in cooperation with the Texas Department of Transportation (TxDOT) and local governments, to use obsolete bridges, tunnels, and causeways to create artificial reefs under this chapter. (b) Authorizes the department to receive from the TxDOT the transfer of obsolete bridges, tunnels, and causeways to create artificial reefs. (c) Authorizes the department to provide assistance, including money, to a local government to fulfill the purposes of this section. (d) Authorizes any money appropriated to the department for the artificial reef program under this chapter to be used for the purposes of this section. SECTION 47. Amends Section 11.001(4), Parks and Wildlife Code, to define "presiding officer." SECTION 48. Amends Section 11.0162, Parks and Wildlife Code, as follows: Sec. 11.0162. ADVISORY COMMITTEES TO COMMISSION. (a) Authorizes the presiding officer, rather than chairman, to appoint committees to advise the commission on issues under its jurisdiction. (b) Makes a conforming change. SECTION 49. Amends Section 21.013(b), Parks and Wildlife Code, to make a conforming change. SECTION 50. Amends Section 21.014, Parks and Wildlife Code, to make a conforming change. SECTION 51. Amends Section 22.055(b), Parks and Wildlife Code, to make a conforming change. SECTION 52. Amends Section 81.206(a), Parks and Wildlife Code, to make a conforming change. SECTION 53. Repealer: Section 76.016, Parks and Wildlife Code. SECTION 54. (a) Requires the department to study all outreach and education activities performed under Section 11.0181, Parks and Wildlife Code, to determine whether the activities comply with Subsection (c), Section 11.0181, Parks and Wildlife Code, as added by this Act. (b) Requires the department, not later than September 1, 2002, to report to the certain entities on the study's results. (c) Requires the commission, until the report is submitted under Subsection (b) of this section, to limit spending on outreach and education activities performed under Section 11.0181, Parks and Wildlife Code, unless the department can prove to the commission that the spending is for an activity that meets certain conditions. SECTION 55. (a) Prohibits the department from acquiring a new park, historical site, or wildlife site before a certain period. (b) Provides that this section does not apply to acquisitions, as determined by the department, that meets certain criteria. SECTION 56. (a) Provides that in this section, "publication" and "youth" have the meanings assigned by Section 11.0172, Parks and Wildlife Code, as added by this Act. (b) Provides that to the extent a contract for a publication does not expressly allow the department to terminate the contract for a violation of a rule adopted under Section 11.0172(c), Parks and Wildlife Code, as added by this Act, retain final approval over the content of the publication, including advertising, or request and receive an appropriate number of copies of the publication that contain advertising that is appropriate for viewing by youth, not later than March 1, 2002, the department is required to negotiate a modification to or otherwise modify the contract to contain provisions allowing for certain criteria. SECTION 57. Requires the department, not later than September 1, 2002, to complete the initial report required under Subsection (c), Section 77.005, Parks and Wildlife Code, as added by this Act. SECTION 58. Requires the department, not later than October 15, 2002, to prepare the plan required under Section 11.104, Parks and Wildlife Code, as added by this Act. SECTION 59. Provides that the changes in law made by this Act in the qualifications of, and the prohibitions applying to, the members of the commission do not affect the entitlement of a person serving as a member of the commission immediately before September 1, 2001, to continue to carry out the functions of the person's office for the remainder of the person's term. Provides that the changes in law apply only to a person appointed on or after September 1, 2001. Provides that this Act does not prohibit a person who is a member of the commission immediately before September 1, 2001, from being reappointed as a commission member if the person has the qualifications required for the position under Chapter 11, Parks and Wildlife Code, as amended by this Act. SECTION 60. Effective date: September 1, 2001.