By: Harris, Zaffirini S.B. No. 305
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Parks and
1-3 Wildlife Department.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.002, Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 Sec. 11.002. POLICY IMPLEMENTATION. The commission shall
1-8 develop and implement policies that clearly separate the
1-9 policymaking [respective] responsibilities of the commission and
1-10 the management responsibilities of the director and the department
1-11 staff.
1-12 SECTION 2. Section 11.0111, Parks and Wildlife Code, is
1-13 amended to read as follows:
1-14 Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife
1-15 Department is subject to Chapter 325, Government Code (Texas Sunset
1-16 Act). Unless continued in existence as provided by that chapter,
1-17 the department is abolished September 1, 2013 [2001].
1-18 SECTION 3. Section 11.012, Parks and Wildlife Code, is
1-19 amended by adding Subsection (d) to read as follows:
1-20 (d) In making appointments under this section, the governor
1-21 shall attempt to include persons with expertise in diverse fields,
1-22 including fields such as historic preservation, conservation, and
1-23 outdoor recreation.
1-24 SECTION 4. Section 11.0121, Parks and Wildlife Code, is
1-25 amended to read as follows:
2-1 Sec. 11.0121. QUALIFICATIONS. A person may not be [is not
2-2 eligible for appointment as] a public member of the commission if
2-3 the person or the person's spouse:
2-4 (1) is registered, certified, or licensed by a
2-5 regulatory agency in the field of conservation, outdoor recreation,
2-6 or commercial fishing, unless the license is a noncommercial
2-7 hunting or fishing license or a license issued under Subchapter D,
2-8 Chapter 43;
2-9 (2) is employed by or participates in the management
2-10 of a business entity or other organization regulated by [the
2-11 department] or receiving money [funds] from the department;
2-12 (3) [(2)] owns or[,] controls, [or has,] directly or
2-13 indirectly, more than a 10 percent interest in a business entity or
2-14 other organization regulated by [the department] or receiving money
2-15 [funds] from the department; or
2-16 (4) [(3)] uses or receives a substantial amount of
2-17 tangible goods, services, or money [funds] from the department
2-18 other than compensation or reimbursement authorized by law for
2-19 commission membership, attendance, or expenses.
2-20 SECTION 5. Section 11.0122, Parks and Wildlife Code, is
2-21 amended to read as follows:
2-22 Sec. 11.0122. CONFLICT OF INTEREST. (a) In this section,
2-23 "Texas trade association" means a cooperative and voluntarily
2-24 joined association of business or professional competitors in this
2-25 state designed to assist its members and its industry or profession
2-26 in dealing with mutual business or professional problems and in
3-1 promoting their common interest.
3-2 (b) A person may not be a member of the commission and may
3-3 not be a department employee employed in a "bona fide executive,
3-4 administrative, or professional capacity," as that phrase is used
3-5 for purposes of establishing an exemption to the overtime
3-6 provisions of the federal Fair Labor Standards Act of 1938 (29
3-7 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
3-8 (1) the person is an officer, [An] employee, or paid
3-9 consultant of a Texas trade [statewide] association in the field of
3-10 conservation, [or] outdoor recreation, or commercial fishing; or
3-11 (2) the person's [may not be a commission member or
3-12 employee of the department, nor may a person who cohabits with or
3-13 is the] spouse is an officer, manager, [of a managerial employee]
3-14 or paid consultant of a Texas trade [statewide] association in the
3-15 field of conservation, [or] outdoor recreation, or commercial
3-16 fishing [be a member of the commission or an employee of the
3-17 department grade 17 or over, including exempt employees, according
3-18 to the position classification schedule under the General
3-19 Appropriations Act].
3-20 SECTION 6. Section 11.0123, Parks and Wildlife Code, is
3-21 amended to read as follows:
3-22 Sec. 11.0123. LOBBYIST PROHIBITION [MAY NOT SERVE ON
3-23 COMMISSION]. A person may not be a member of the commission or act
3-24 as the general counsel to the commission or the department if the
3-25 person [who] is required to register as a lobbyist under Chapter
3-26 305, Government Code, because [by virtue] of the person's [his]
4-1 activities for compensation [in or] on behalf of a profession
4-2 related to the operation of the department [commission, may not
4-3 serve as a member of the commission or act as the general counsel
4-4 to the commission].
4-5 SECTION 7. Section 11.0124, Parks and Wildlife Code, is
4-6 amended to read as follows:
4-7 Sec. 11.0124. DISCRIMINATION IN APPOINTMENTS PROHIBITED.
4-8 Appointments to the commission shall be made without regard to the
4-9 race, color, disability [handicap], sex, religion, age, or national
4-10 origin of the appointees.
4-11 SECTION 8. Section 11.0125, Parks and Wildlife Code, is
4-12 amended to read as follows:
4-13 Sec. 11.0125. REMOVAL OF A COMMISSION MEMBER. (a) It is a
4-14 ground for removal from the commission that [if a member]:
4-15 (1) a public member does not have at the time of
4-16 taking office [appointment] the qualifications required by Section
4-17 11.0121 [of this code for appointment to the commission];
4-18 (2) a public member does not maintain during [the]
4-19 service on the commission the qualifications required by Section
4-20 11.0121 [of this code for appointment to the commission];
4-21 (3) a member is ineligible for membership under
4-22 [violates a prohibition established by] Section 11.012(c), 11.0122,
4-23 or 11.0123 [of this code];
4-24 (4) a member cannot, because of illness or disability,
4-25 [is unable to] discharge the member's [his] duties for a
4-26 substantial part [portion] of the member's term [for which he was
5-1 appointed because of illness or disability]; or
5-2 (5) a member is absent from more than half [one-half]
5-3 of the regularly scheduled commission meetings that [which] the
5-4 member is eligible to attend during a [each] calendar year without
5-5 an excuse approved[, except when the absence is excused] by a
5-6 majority vote of the commission.
5-7 (b) The validity of an action of the commission is not
5-8 affected by the fact that it is [was] taken when a ground for
5-9 removal of a commission member exists [of the commission existed].
5-10 (c) If the director has knowledge that a potential ground
5-11 for removal exists, the director [he] shall notify the presiding
5-12 officer [chairman] of the commission of the potential [such]
5-13 ground. The presiding officer [chairman of the commission] shall
5-14 then notify the governor and the attorney general that a potential
5-15 ground for removal exists. If the potential ground for removal
5-16 involves the presiding officer, the director shall notify the next
5-17 highest ranking officer of the commission, who shall then notify
5-18 the governor and the attorney general that a potential ground for
5-19 removal exists.
5-20 SECTION 9. Subchapter B, Chapter 11, Parks and Wildlife
5-21 Code, is amended by adding Section 11.0126 to read as follows:
5-22 Sec. 11.0126. TRAINING PROGRAM FOR COMMISSION MEMBERS.
5-23 (a) A person who is appointed to and qualifies for office as a
5-24 member of the commission may not vote, deliberate, or be counted as
5-25 a member in attendance at a meeting of the commission until the
5-26 person completes a training program that complies with this
6-1 section.
6-2 (b) The training program must provide the person with
6-3 information regarding:
6-4 (1) the legislation that created the department and
6-5 the commission;
6-6 (2) the programs operated by the department;
6-7 (3) the role and functions of the department;
6-8 (4) the rules of the commission with an emphasis on
6-9 the rules that relate to disciplinary and investigatory authority;
6-10 (5) the current budget for the department;
6-11 (6) the results of the most recent formal audit of the
6-12 department;
6-13 (7) the requirements of:
6-14 (A) the open meetings law, Chapter 551,
6-15 Government Code;
6-16 (B) the public information law, Chapter 552,
6-17 Government Code;
6-18 (C) the administrative procedure law, Chapter
6-19 2001, Government Code; and
6-20 (D) other laws relating to public officials,
6-21 including conflict-of-interest laws; and
6-22 (8) any applicable ethics policies adopted by the
6-23 department or the Texas Ethics Commission.
6-24 (c) A person appointed to the commission is entitled to
6-25 reimbursement, as provided by the General Appropriations Act, for
6-26 the travel expenses incurred in attending the training program
7-1 regardless of whether the attendance at the program occurs before
7-2 or after the person qualifies for office.
7-3 SECTION 10. Subchapter B, Chapter 11, Parks and Wildlife
7-4 Code, is amended by adding Section 11.0127 to read as follows:
7-5 Sec. 11.0127. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
7-6 PROGRAM. The director or the director's designee shall provide to
7-7 agency employees information and training on the benefits and
7-8 methods of participation in the state employee incentive program
7-9 under Subchapter B, Chapter 2108, Government Code.
7-10 SECTION 11. Section 11.014, Parks and Wildlife Code, is
7-11 amended to read as follows:
7-12 Sec. 11.014. PRESIDING OFFICER [CHAIRMAN, VICE-CHAIRMAN].
7-13 (a) The governor shall designate a member [biennially one of the
7-14 nine members as chairman] of the commission as the presiding
7-15 officer of the commission to serve in that capacity at the pleasure
7-16 of the governor [for a term of two years expiring on January 31 of
7-17 the succeeding odd-numbered year].
7-18 (b) [The commission shall elect biennially a vice-chairman
7-19 from among its members for a term of two years expiring on January
7-20 31 of the succeeding odd-numbered year.]
7-21 [(c)] A vacancy in the office of presiding officer is filled
7-22 in the same manner as the original designation [chairman or
7-23 vice-chairman is filled for the unexpired portion of the term in
7-24 the same manner as the original appointment or election].
7-25 SECTION 12. Section 11.0151, Parks and Wildlife Code, is
7-26 amended to read as follows:
8-1 Sec. 11.0151. PUBLIC HEARINGS. (a) In this section, "major
8-2 decision" means a decision in which a vote is taken on:
8-3 (1) a rule;
8-4 (2) a proclamation;
8-5 (3) a contract;
8-6 (4) a budget;
8-7 (5) a grant;
8-8 (6) a development plan for a geographical area managed
8-9 by the department;
8-10 (7) a memorandum of understanding with another
8-11 governmental entity; or
8-12 (8) any other issue as determined by the commission.
8-13 (b) The commission shall develop and implement policies that
8-14 will provide the public with a reasonable opportunity to appear
8-15 before the commission and to speak on any issue under the
8-16 jurisdiction of the commission.
8-17 (c) The commission, or any committee of the commission with
8-18 at least five commission members serving on the committee, shall
8-19 provide an opportunity for public testimony in an open meeting
8-20 before making a major decision.
8-21 SECTION 13. Section 11.0161, Parks and Wildlife Code, is
8-22 amended to read as follows:
8-23 Sec. 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES;
8-24 COMPLAINTS. (a) The commission shall prepare information of
8-25 public interest describing the functions of the commission and
8-26 describing the commission's procedures by which complaints are
9-1 filed with and resolved by the commission. The commission shall
9-2 make the information available to the general public and
9-3 appropriate state agencies.
9-4 (b) The department shall maintain a file on each written
9-5 complaint filed with the department that the department has the
9-6 authority to resolve. The file must include:
9-7 (1) the name of the person who filed the complaint;
9-8 (2) the date the complaint is received by the
9-9 department;
9-10 (3) the subject matter of the complaint;
9-11 (4) the name of each person contacted in relation to
9-12 the complaint;
9-13 (5) a summary of the results of the review or
9-14 investigation of the complaint; and
9-15 (6) an explanation of the reason the file was closed,
9-16 if the department closed the file without taking action other than
9-17 to investigate the complaint.
9-18 (c) The department shall provide to the person filing the
9-19 complaint and to each person who is a subject of the complaint a
9-20 copy of the department's policies and procedures relating to
9-21 complaint investigation and resolution.
9-22 (d) The department, at least quarterly until final
9-23 disposition of the complaint, shall notify the person filing the
9-24 complaint and each person who is a subject of the complaint of the
9-25 status of the investigation unless the notice would jeopardize an
9-26 undercover investigation.
10-1 (e) The commission may adopt rules to define the types of
10-2 complaints to which this section applies.
10-3 SECTION 14. Subchapter B, Chapter 11, Parks and Wildlife
10-4 Code, is amended by adding Section 11.0172 to read as follows:
10-5 Sec. 11.0172. LIMIT ON CONTRACTS FOR PUBLICATIONS. (a) In
10-6 this section:
10-7 (1) "Publication" includes the publication of a book,
10-8 magazine, photograph, poster, or bulletin.
10-9 (2) "Youth" means an individual younger than 17 years
10-10 of age.
10-11 (b) The department may not contract with a person regarding
10-12 a publication unless the contract provides the department the
10-13 authority to:
10-14 (1) terminate the contract;
10-15 (2) retain final approval over the content of the
10-16 publication, including advertising; and
10-17 (3) request and receive an appropriate number of
10-18 copies of the publication that contain advertising that is
10-19 appropriate for viewing by youth.
10-20 (c) The commission shall adopt rules regarding the types of
10-21 advertising that are appropriate for viewing by youth.
10-22 SECTION 15. Section 11.0181, Parks and Wildlife Code, is
10-23 amended by adding Subsection (c) to read as follows:
10-24 (c) The department shall manage the outreach and education
10-25 activities performed under this section to ensure that the
10-26 activities:
11-1 (1) are consistent with the department's mission and
11-2 goals;
11-3 (2) do not duplicate other efforts by the department
11-4 or other entities;
11-5 (3) provide a cost-effective method for reaching
11-6 participants; and
11-7 (4) can be effectively measured.
11-8 SECTION 16. Subchapter B, Chapter 11, Parks and Wildlife
11-9 Code, is amended by adding Section 11.0182 to read as follows:
11-10 Sec. 11.0182. EMPLOYEE FUND-RAISING. (a) The commission by
11-11 rule shall adopt policies to govern fund-raising activities by
11-12 department employees on behalf of the department. The rules must:
11-13 (1) designate the types of employees who may solicit
11-14 donations;
11-15 (2) restrict where and how fund-raising may occur; and
11-16 (3) establish requirements for reports by employees to
11-17 the director.
11-18 (b) The director shall approve and manage fund-raising
11-19 activities by department employees on behalf of the department in
11-20 accordance with commission rules.
11-21 SECTION 17. Section 11.021, Parks and Wildlife Code, is
11-22 amended to read as follows:
11-23 Sec. 11.021. INFORMATION CONCERNING QUALIFICATIONS AND
11-24 RESPONSIBILITIES. The director or the director's [his] designee
11-25 shall provide to commission members and department employees, as
11-26 often as [is] necessary, information regarding the requirements for
12-1 office or employment [their qualifications] under this chapter,
12-2 including information regarding a person's [code and their]
12-3 responsibilities under applicable laws relating to standards of
12-4 conduct for state officers or employees.
12-5 SECTION 18. Section 11.022, Parks and Wildlife Code, is
12-6 amended to read as follows:
12-7 Sec. 11.022. EQUAL OPPORTUNITY EMPLOYMENT. (a) The
12-8 director or the director's [his] designee shall prepare and
12-9 maintain a written policy statement that implements [to assure
12-10 implementation of] a program of equal employment opportunity to
12-11 ensure that [whereby] all personnel decisions [transactions] are
12-12 made without regard to race, color, disability [handicap], sex,
12-13 religion, age, or national origin.
12-14 (b) The policy statement must [shall] include:
12-15 (1) personnel policies, including policies relating to
12-16 recruitment, evaluation, selection, [appointment,] training, and
12-17 promotion of personnel, that show the intent of the department to
12-18 avoid the unlawful employment practices described by Chapter 21,
12-19 Labor Code; and
12-20 (2) an analysis of the extent to which the composition
12-21 of the department's personnel is in accordance with state and
12-22 federal law and a description of reasonable methods to achieve
12-23 compliance with state and federal law[;]
12-24 [(2) a comprehensive analysis of the department's work
12-25 force that meets federal or state guidelines;]
12-26 [(3) procedures by which a determination can be made
13-1 of significant underutilization in the department work force of all
13-2 persons of which federal or state guidelines encourage a more
13-3 equitable balance; and]
13-4 [(4) reasonable methods to appropriately address areas
13-5 of significant underutilization in the department work force of all
13-6 persons of which federal or state guidelines encourage a more
13-7 equitable balance].
13-8 (c) [(b)] The policy statement must [statements shall] be:
13-9 (1) updated annually;
13-10 (2) reviewed by the state Commission on Human Rights
13-11 for compliance with Subsection (b); and
13-12 (3) filed with the governor's office [not later than
13-13 November 1 of each year, cover an annual period, and be updated at
13-14 least annually. The governor's office shall develop a biennial
13-15 report to the legislature based on the information submitted. The
13-16 report may be made separately or as a part of other biennial
13-17 reports made to the legislature].
13-18 SECTION 19. Subchapter B, Chapter 11, Parks and Wildlife
13-19 Code, is amended by adding Section 11.0255 to read as follows:
13-20 Sec. 11.0255. EVALUATION OF CONSTRUCTION PROJECTS. (a) The
13-21 department shall calculate the costs of each department
13-22 construction project as the project is completed.
13-23 (b) In calculating the costs under Subsection (a), the
13-24 department:
13-25 (1) shall consider both direct and indirect costs of
13-26 department employees who perform project tasks; and
14-1 (2) may use the cost accounting procedures and
14-2 instructions developed by the State Council on Competitive
14-3 Government under Section 2162.102, Government Code.
14-4 (c) On request, the State Council on Competitive Government
14-5 shall provide technical assistance to the department, including
14-6 assistance with the application of the council's cost accounting
14-7 procedures and instructions.
14-8 (d) Using the costs calculated under this section for
14-9 completed projects, the department shall evaluate the costs and
14-10 benefits of contracting with private entities or individuals to
14-11 manage proposed construction-related tasks or projects.
14-12 SECTION 20. Section 11.026, Parks and Wildlife Code, is
14-13 amended to read as follows:
14-14 Sec. 11.026. GIFTS OF PROPERTY OR MONEY. (a) Except as
14-15 provided by Subsection (b), the [The] department may accept gifts
14-16 of property or money in support of any department purpose
14-17 authorized in this code.
14-18 (b) The department may not accept a gift or other donation
14-19 from a person who holds a commercial license issued by the
14-20 department.
14-21 SECTION 21. Section 11.0261, Parks and Wildlife Code, is
14-22 amended to read as follows:
14-23 Sec. 11.0261. PROHIBITION AGAINST ACCEPTANCE OF GIFTS,
14-24 GRATUITIES, AND OTHER THINGS OF VALUE; EXCEPTION. (a) Except as
14-25 provided by Subsection (b), a [A] person who is a member of the
14-26 commission or an employee of the department may not accept a gift,
15-1 gratuity, or other thing of value, including travel, from a person
15-2 who:
15-3 (1) is employed by or participates in the management
15-4 of a business entity or other organization that receives funds from
15-5 the department;
15-6 (2) owns or controls, directly or indirectly, more
15-7 than a 10 percent interest in a business entity or other
15-8 organization that receives funds from the department;
15-9 (3) is a person a significant portion of whose
15-10 business consists of furnishing goods or services to an entity or
15-11 organization described by Subdivision (1) or (2); or
15-12 (4) is an agent, representative, attorney, employee,
15-13 officer, owner, director, or partner of an entity, organization, or
15-14 person described by Subdivision (1), (2), or (3).
15-15 (b) A department employee may accept reimbursement for
15-16 travel expenses from the official nonprofit partner designated by
15-17 the commission under Section 11.205 if:
15-18 (1) the employee has sufficiently documented the
15-19 expense; and
15-20 (2) the expense arose out of the performance of an
15-21 activity related to an employee's official duties regarding the
15-22 partner.
15-23 SECTION 22. Subchapter B, Chapter 11, Parks and Wildlife
15-24 Code, is amended by adding Section 11.0275 to read as follows:
15-25 Sec. 11.0275. PROHIBITION ON ALCOHOL AND TOBACCO ADVERTISING
15-26 AND PARTICIPATION. (a) In this section, "publication" includes
16-1 the publication of a book, magazine, photograph, poster, bulletin,
16-2 or fishing or hunting regulation guide.
16-3 (b) The department may not accept an advertisement that
16-4 promotes the sale of tobacco or alcoholic beverages in a
16-5 publication sponsored or published by the department.
16-6 (c) A public service advertisement to educate the public
16-7 regarding the risks associated with alcoholic beverages is not
16-8 considered an advertisement that promotes the sale of alcoholic
16-9 beverages under Subsection (b). The advertisement may not contain
16-10 a promotion focused on a product or use a brand identifier or
16-11 alcohol product logo. The advertisement may use a corporate logo
16-12 that does not use a brand identifier or alcohol product logo.
16-13 (d) The commission shall adopt rules regarding the types of:
16-14 (1) persons who may sponsor or promote department
16-15 events;
16-16 (2) events that the department will allow persons to
16-17 promote or sponsor;
16-18 (3) advertisements that qualify as public service
16-19 advertisements regarding the risks associated with alcoholic
16-20 beverages; and
16-21 (4) logos that may be used in public service
16-22 advertisements.
16-23 SECTION 23. Chapter 11, Parks and Wildlife Code, is amended
16-24 by adding Subchapter H to read as follows:
16-25 SUBCHAPTER H. LAND AND WATER RESOURCES CONSERVATION PLAN
16-26 Sec. 11.101. DEFINITION. In this subchapter, "conservation"
17-1 includes the conservation of historical, natural, recreational, and
17-2 wildlife resources.
17-3 Sec. 11.102. PLAN APPROVAL; HEARING REQUIRED. (a) The
17-4 department must obtain approval from the commission for each
17-5 development plan required by statute for a geographical area
17-6 managed by the department.
17-7 (b) The commission shall hold a hearing on approval of the
17-8 plan.
17-9 Sec. 11.103. INVENTORY. (a) The department shall inventory
17-10 all land and water associated with historical, natural,
17-11 recreational, and wildlife resources in this state that are owned
17-12 by:
17-13 (1) governmental entities; or
17-14 (2) nonprofit entities that offer access to the land
17-15 or water to the public.
17-16 (b) The department shall create a permanent database of the
17-17 resources inventoried under Subsection (a). At least once every 10
17-18 years, the department shall update the database as necessary to
17-19 reflect changes in the resources.
17-20 Sec. 11.104. LAND AND WATER RESOURCES CONSERVATION AND
17-21 RECREATION PLAN. (a) Using the inventory prepared under Section
17-22 11.103, the department shall:
17-23 (1) analyze the state's existing and future land and
17-24 water conservation and recreation needs;
17-25 (2) identify threatened land and water resources in
17-26 this state; and
18-1 (3) establish the relative importance for conservation
18-2 purposes of particular resources listed in the inventory.
18-3 (b) Based on the analysis made under Subsection (a), the
18-4 department shall prepare a land and water resources conservation
18-5 and recreation plan. The plan must include criteria for
18-6 determining how to meet the state's conservation and recreation
18-7 needs. The department shall revise the plan as necessary to
18-8 reflect changes in the inventory developed under Section 11.103.
18-9 (c) The department shall modify any existing plans regarding
18-10 parks and wildlife management areas to make the existing plans
18-11 consistent with the land and water resources conservation and
18-12 recreation plan developed under this section.
18-13 (d) The department shall base its decisions regarding the
18-14 state's conservation needs on the criteria developed in the plan,
18-15 including decisions relating to:
18-16 (1) the acquisition of new resources for conservation
18-17 and recreation purposes;
18-18 (2) the divestiture of existing resources;
18-19 (3) grants to local parks;
18-20 (4) cooperation with private conservation
18-21 organizations and landowners, including associations of landowners;
18-22 and
18-23 (5) other major land conservation operations of the
18-24 department.
18-25 Sec. 11.105. COORDINATION OF CONSERVATION AND RECREATION
18-26 OPERATIONS. The department shall:
19-1 (1) consider all resources listed in the inventory
19-2 prepared under Section 11.103 in conjunction with each other;
19-3 (2) coordinate department activities related to those
19-4 resources internally and with similar activities of other
19-5 governmental or nonprofit entities; and
19-6 (3) set priorities for department activities related
19-7 to those resources according to the most vital existing and future
19-8 needs for conservation and recreation.
19-9 SECTION 24. Chapter 11, Parks and Wildlife Code, is amended
19-10 by adding Subchapter I to read as follows:
19-11 SUBCHAPTER I. STATEWIDE COMMERCIAL PROJECTS
19-12 Sec. 11.151. DEFINITION. In this subchapter, "statewide
19-13 commercial project" means a commercial venture undertaken by the
19-14 department throughout the state, including promotions, sales, or
19-15 other activities to raise money for the department. The term does
19-16 not include a promotion or sale undertaken solely at one site.
19-17 Sec. 11.152. BUSINESS PLANS. Each business plan developed
19-18 under this subchapter must include:
19-19 (1) a description of the product or service provided;
19-20 (2) an analysis of the information necessary for
19-21 persons to make decisions on the project;
19-22 (3) an analysis of the personnel necessary to manage
19-23 and implement the project;
19-24 (4) financial data, including both past performance
19-25 and a budget and goals for future performance; and
19-26 (5) a list of the resources necessary for a successful
20-1 project.
20-2 Sec. 11.153. DEPARTMENT PLAN: OPERATIONAL STRATEGIES.
20-3 (a) The department shall develop an agency wide business plan to
20-4 guide its overall operational strategies for statewide commercial
20-5 projects. The plan must:
20-6 (1) use the plans prepared under Section 11.154 for
20-7 each project;
20-8 (2) evaluate the efficiency of existing projects;
20-9 (3) consider or propose changes to any project
20-10 necessary to meet the department's overall goals;
20-11 (4) compare each project's services and products to
20-12 similar services and products available from the private sector;
20-13 (5) seek to increase savings and improve customer
20-14 service on each project;
20-15 (6) coordinate existing projects to avoid duplication
20-16 and focus resources on the most efficient and effective projects;
20-17 and
20-18 (7) assess the potential for contracting with a
20-19 private entity or individual to perform department functions
20-20 relating to specific projects.
20-21 (b) The department shall use the services of the State
20-22 Council on Competitive Government, where appropriate, in fulfilling
20-23 the department's duties under Subsection (a)(7).
20-24 Sec. 11.154. INDIVIDUAL PROJECT PLANS. (a) The department
20-25 shall develop a business plan for each statewide commercial
20-26 project. The plan must contain:
21-1 (1) an accurate accounting for all project costs,
21-2 including personnel and overhead costs; and
21-3 (2) reasonable projections of project income.
21-4 (b) The director shall review the plan for each project at
21-5 least annually to assess the overall performance and value of the
21-6 project.
21-7 (c) The department may modify a plan as necessary to meet
21-8 changing conditions.
21-9 Sec. 11.155. ADJUSTMENT OR TERMINATION OF PROJECT FOR
21-10 FAILURE TO MEET FINANCIAL OBJECTIVES. (a) Except as provided by
21-11 Subsection (b), the department shall adjust or terminate a
21-12 statewide commercial project that fails to meet the financial
21-13 objectives stated in the project's plan.
21-14 (b) This section does not apply if the department determines
21-15 that the project possesses a positive public relations value or
21-16 fulfills a useful educational purpose.
21-17 Sec. 11.156. CONTRACT WITH PRIVATE SECTOR. The department
21-18 shall consider contracting out all or part of a statewide
21-19 commercial project to a private entity or individual, including a
21-20 nonprofit entity or individual.
21-21 SECTION 25. Chapter 11, Parks and Wildlife Code, is amended
21-22 by adding Subchapter J to read as follows:
21-23 SUBCHAPTER J. NONPROFIT PARTNERSHIPS
21-24 Sec. 11.201. DEFINITIONS. In this subchapter:
21-25 (1) "Nonprofit partner" means a nonpolitical legal
21-26 entity that:
22-1 (A) is incorporated under the laws of this
22-2 state;
22-3 (B) has been granted an exemption from federal
22-4 income tax under Section 501(c), Internal Revenue Code of 1986, as
22-5 amended;
22-6 (C) works with the department to further
22-7 department goals; and
22-8 (D) is selected as provided under Section
22-9 11.202.
22-10 (2) "Official nonprofit partner" means the nonprofit
22-11 partner designated by the commission under Section 11.205.
22-12 Sec. 11.202. GENERAL DUTIES. (a) The department may select
22-13 and cooperate with nonprofit partners to serve department goals.
22-14 (b) The department must obtain commission approval for each
22-15 nonprofit partner selected under Subsection (a).
22-16 (c) The commission by rule shall establish best practices
22-17 for nonprofit partners to comply with.
22-18 Sec. 11.203. ACCOUNTABILITY OF NONPROFIT PARTNERS;
22-19 INVESTMENT RESTRICTIONS. (a) The commission by rule shall require
22-20 a nonprofit partner to comply with specified state standards and
22-21 safeguards for accounting for state assets held by the nonprofit
22-22 partner.
22-23 (b) Chapter 2256, Government Code, applies to a nonprofit
22-24 partner to the extent that the partner controls state money.
22-25 Sec. 11.204. PLAN. The department shall provide to each
22-26 nonprofit partner a copy of the plan developed under Section
23-1 11.104.
23-2 Sec. 11.205. OFFICIAL NONPROFIT PARTNER. (a) The
23-3 commission shall designate a single nonprofit partner as the
23-4 official nonprofit partner of the department, unless the commission
23-5 determines in writing that no nonprofit partner is capable of
23-6 effectively implementing the goals of this section.
23-7 (b) The official nonprofit partner must be dedicated to
23-8 meeting department goals.
23-9 (c) The official nonprofit partner may accept gifts, grants,
23-10 and donations to further department goals, including a gift, grant,
23-11 or donation made in the name of the department.
23-12 (d) The official nonprofit partner may use state money to
23-13 acquire property or engage in construction activities only if that
23-14 acquisition or construction is consistent with the department's
23-15 conservation and recreation priorities outlined in the plan
23-16 developed under Section 11.104.
23-17 (e) The official nonprofit partner may organize and manage
23-18 accounts for local nonprofit partners or other organizations to
23-19 benefit a specific state park or other sites under the department's
23-20 jurisdiction.
23-21 (f) The commission by rule shall establish:
23-22 (1) guidelines under which the official nonprofit
23-23 partner may solicit and accept sponsorships from private entities;
23-24 and
23-25 (2) best practices under which the partner may engage
23-26 in activities under this section.
24-1 Sec. 11.206. AUDIT OF OFFICIAL NONPROFIT PARTNER. (a) The
24-2 official nonprofit partner shall be audited annually by an
24-3 independent auditor. The partner shall file the audit with the
24-4 commission.
24-5 (b) The official nonprofit partner's financial transactions
24-6 involving and financial records relating to state money held by the
24-7 nonprofit partner are subject to audit by the state auditor as
24-8 provided in Section 321.013, Government Code.
24-9 Sec. 11.207. EMPLOYEE BENEFITS. A nonprofit partner may
24-10 provide money to the department for the department to award, at the
24-11 department's discretion, to a department employee as a salary
24-12 supplement, bonus, award, or other benefit, including a
24-13 scholarship.
24-14 Sec. 11.208. EXPENDITURES; LIMITS. (a) The department
24-15 shall direct, by the terms of the contract or grant, how a
24-16 nonprofit partner may spend any state money it receives.
24-17 (b) A state employee may not directly spend or obligate a
24-18 nonprofit partner's money.
24-19 (c) A nonprofit partner may not spend state money to:
24-20 (1) lobby or otherwise attempt to influence a member
24-21 of the legislature; or
24-22 (2) directly or indirectly attempt to influence
24-23 legislation.
24-24 SECTION 26. Section 12.025, Parks and Wildlife Code, is
24-25 amended to read as follows:
24-26 Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The
25-1 department may provide technical guidance to landowners who request
25-2 information concerning fish, wildlife, nongame, and habitat
25-3 management.
25-4 (b) In setting priorities for the provision of money to a
25-5 landowner under this section, the department shall consider:
25-6 (1) the inventory developed under Section 11.103; and
25-7 (2) the priorities set under Section 11.105.
25-8 (c) The department shall support landowner education
25-9 programs and cooperate with appropriate state agencies.
25-10 (d) [(c)] The department shall provide notice of Section
25-11 12.0251 to a private landowner who requests technical assistance
25-12 before entering the property to collect and record information
25-13 about animal or plant life.
25-14 (e) [(d)] The commission by rule shall adopt policies,
25-15 including written guidelines for a method for providing notice
25-16 under Subsection (d) [(c)] and for departmental entry onto
25-17 privately owned land to collect information described by Section
25-18 12.0251(a). The policies and guidelines must identify the maximum
25-19 information that the department may maintain under Section 12.0251.
25-20 (f) [(e)] A review or update of a record or plan produced by
25-21 the department under Section 12.0251 and maintained by the
25-22 landowner or the landowner's agent may be requested by the
25-23 landowner or the department.
25-24 SECTION 27. Subsections (a), (b), and (c), Section 13.001,
25-25 Parks and Wildlife Code, are amended to read as follows:
25-26 (a) Except as otherwise provided by law, the following are
26-1 under the department's control and custody:
26-2 (1) all recreational and[,] natural[, and historical]
26-3 areas designated as state parks; and
26-4 (2) all historical sites acquired by the department
26-5 [are under the control and custody of the department].
26-6 (b) The commission shall establish a classification system
26-7 for state parks and wildlife management areas that categorizes
26-8 wildlife management areas, parks, or a portion of parks as wildlife
26-9 management areas, recreational areas, natural areas, or historical
26-10 sites [areas]. The commission may not classify a historical site
26-11 as a historical park.
26-12 (c) The commission shall adopt rules governing the
26-13 acquisition and development of recreational areas, natural areas,
26-14 or historical sites [areas].
26-15 SECTION 28. Section 13.002, Parks and Wildlife Code, is
26-16 amended to read as follows:
26-17 Sec. 13.002. DEVELOPMENT AND ACQUISITION OF OUTDOOR AREAS
26-18 [COMPREHENSIVE STATE PLAN]. The department may:
26-19 (1) [prepare, maintain, and revise a statewide
26-20 comprehensive plan for the development of the outdoor recreation
26-21 resources of this state;]
26-22 [(2)] develop, operate, and maintain outdoor areas and
26-23 facilities of the state; and
26-24 (2) [(3)] acquire land, water, and interests in land
26-25 and water for outdoor recreation areas and facilities.
26-26 SECTION 29. Section 13.005, Parks and Wildlife Code, is
27-1 amended to read as follows:
27-2 Sec. 13.005. ACQUISITION OF HISTORICAL SITES [AREAS].
27-3 (a) The department may acquire by purchase, gift, or other manner
27-4 historical sites [areas]:
27-5 (1) where events occurred that represent an important
27-6 aspect of the cultural, political, economic, military, or social
27-7 history of the nation or state;
27-8 (2) significantly associated with the lives of
27-9 outstanding historic persons or with an important event that
27-10 represents a great ideal or idea;
27-11 (3) embodying the distinguishing characteristics of an
27-12 architectural type which is inherently valuable for study of a
27-13 period, style, or method of construction;
27-14 (4) that contributes significantly to the
27-15 understanding of aboriginal man in the nation or state; or
27-16 (5) that is of significant geologic interest relating
27-17 to prehistoric animal or plant life.
27-18 (b) The department shall restore and maintain each
27-19 historical site [area] acquired under this section for the benefit
27-20 of the general public. The department may enter into interagency
27-21 contracts for this purpose.
27-22 (c) The department shall formulate plans [In formulating a
27-23 plan] for the preservation and development of [a] historical sites.
27-24 Before formulating a plan for a specific site, the department shall
27-25 conduct an archeological survey of the site. In formulating plans
27-26 [area], the department shall:
28-1 (1) consider the results from the archeological survey
28-2 for the site if the plan is for a specific site;
28-3 (2) consider the resources necessary to manage a site;
28-4 and
28-5 (3) meet with and [may] consider comments [on the
28-6 plan] made by the Texas Historical Commission.
28-7 (d) The department and the Texas Historical Commission shall
28-8 form a joint panel to establish criteria for determining whether a
28-9 site is of statewide significance under Subsection (a) and to
28-10 promote the continuity of a historic sites program.
28-11 SECTION 30. Subchapter A, Chapter 13, Parks and Wildlife
28-12 Code, is amended by adding Sections 13.0051, 13.0052, and 13.0053
28-13 to read as follows:
28-14 Sec. 13.0051. COORDINATION WITH TEXAS HISTORICAL COMMISSION;
28-15 REPORT ON PRESERVATION PLANS. The department shall meet regularly
28-16 with the Texas Historical Commission regarding plans to preserve
28-17 and develop historical sites in this state.
28-18 Sec. 13.0052. REPORTS. The department shall periodically
28-19 prepare reports on plans to preserve and develop historical sites
28-20 in this state.
28-21 Sec. 13.0053. REFERENCE TO HISTORICAL SITES. (a) In this
28-22 section, "publication" includes the publication of a book,
28-23 magazine, photograph, poster, or bulletin.
28-24 (b) The department may not refer to a historical site as a
28-25 "historical park":
28-26 (1) in a department publication; or
29-1 (2) on a department marker or sign.
29-2 SECTION 31. Section 13.010, Parks and Wildlife Code, is
29-3 amended to read as follows:
29-4 Sec. 13.010. HISTORIC SITES [LOCATIONS]. The department may
29-5 locate, designate, and suitably mark historic grounds,
29-6 battlefields, and other historic spots in Texas as historic sites.
29-7 Fitting markers may be erected; however, no expense may be incurred
29-8 in the name of the state for this project.
29-9 SECTION 32. Subchapter A, Chapter 77, Parks and Wildlife
29-10 Code, is amended by adding Section 77.005 to read as follows:
29-11 Sec. 77.005. STUDY AND REPORT ON SHRIMP INDUSTRY AND
29-12 RESOURCES. (a) Using the shrimp management plan required by
29-13 Section 77.007 and the research conducted under Section 77.004, the
29-14 department shall comprehensively study shrimp resources, including
29-15 the shrimp population, and the shrimp industry. The study shall
29-16 analyze:
29-17 (1) the status of the shrimp population in coastal
29-18 water, including the size and projected growth of shrimping beds;
29-19 (2) the economic health of the shrimp industry;
29-20 (3) the status of conservation measures, including
29-21 department regulations and license buybacks; and
29-22 (4) the status of marine resources and habitats
29-23 affected by shrimping.
29-24 (b) In conducting the study, the department shall solicit
29-25 and consider input from:
29-26 (1) the public;
30-1 (2) the shrimp industry;
30-2 (3) other businesses affected by the shrimp industry;
30-3 and
30-4 (4) other persons interested in marine resources.
30-5 (c) The department shall report on the status of the study
30-6 to:
30-7 (1) the commission;
30-8 (2) the presiding officer of each house of the
30-9 legislature; and
30-10 (3) the committees of each house of the legislature
30-11 that have primary oversight jurisdiction over the department.
30-12 (d) The department may repeat the study and report as
30-13 necessary to adequately regulate the shrimp industry and to
30-14 preserve shrimp resources.
30-15 (e) The commission shall base policies and rules relating to
30-16 shrimping on the results of the most recent study completed under
30-17 this section.
30-18 SECTION 33. Subdivision (4), Section 11.001, Parks and
30-19 Wildlife Code, is amended to read as follows:
30-20 (4) "Presiding officer" ["Chairman"] means the presiding
30-21 officer [chairman] of the Parks and Wildlife Commission.
30-22 SECTION 34. Section 11.0162, Parks and Wildlife Code, is
30-23 amended to read as follows:
30-24 Sec. 11.0162. ADVISORY COMMITTEES TO COMMISSION. (a) The
30-25 presiding officer [chairman] may appoint committees to advise the
30-26 commission on issues under its jurisdiction.
31-1 (b) The presiding officer [chairman] may adopt rules that
31-2 set the membership, terms of service, qualifications, operating
31-3 procedures, and other standards to ensure the effectiveness of an
31-4 advisory committee appointed under this section.
31-5 SECTION 35. Subsection (b), Section 21.013, Parks and
31-6 Wildlife Code, is amended to read as follows:
31-7 (b) The bonds shall be signed by the presiding officer
31-8 [chairman] and the director, and the seal of the department shall
31-9 be impressed on them.
31-10 SECTION 36. Section 21.014, Parks and Wildlife Code, is
31-11 amended to read as follows:
31-12 Sec. 21.014. FACSIMILE SIGNATURES AND SEALS. In the
31-13 resolution authorizing the issuance of an installment or series of
31-14 bonds, the commission may prescribe the extent to which facsimile
31-15 signatures and facsimile seals instead of manual signatures and
31-16 manually impressed seals may be used in executing the bonds and
31-17 appurtenant coupons. Interest coupons may be signed by the
31-18 facsimile signatures of the presiding officer [chairman] and the
31-19 director.
31-20 SECTION 37. Subsection (b), Section 22.055, Parks and
31-21 Wildlife Code, is amended to read as follows:
31-22 (b) The presiding officer [chairman of the commission], on
31-23 behalf of the department, may execute and deliver the necessary
31-24 instruments to convey the iron ore in place to the purchasers.
31-25 SECTION 38. Subsection (a), Section 81.206, Parks and
31-26 Wildlife Code, is amended to read as follows:
32-1 (a) Sanctuaries shall be set aside and designated by
32-2 proclamation of the commission signed by the presiding officer
32-3 [chairman].
32-4 SECTION 39. (a) The Parks and Wildlife Department shall
32-5 study all outreach and education activities performed under Section
32-6 11.0181, Parks and Wildlife Code, to determine whether the
32-7 activities comply with Subsection (c), Section 11.0181, Parks and
32-8 Wildlife Code, as added by this Act.
32-9 (b) Not later than September 1, 2002, the Parks and Wildlife
32-10 Department shall report to the following entities on the study's
32-11 results:
32-12 (1) the Parks and Wildlife Commission;
32-13 (2) the House Appropriations Committee;
32-14 (3) the House State Recreational Resources Committee;
32-15 (4) the Senate Finance Committee; and
32-16 (5) the Senate Natural Resources Committee.
32-17 (c) Until the report is submitted under Subsection (b) of
32-18 this section, the Parks and Wildlife Commission shall limit
32-19 spending on outreach and education activities performed under
32-20 Section 11.0181, Parks and Wildlife Code, unless the Parks and
32-21 Wildlife Department can prove to the Parks and Wildlife Commission
32-22 that the spending is for an activity that:
32-23 (1) is effective; or
32-24 (2) is required by statute.
32-25 SECTION 40. (a) The Parks and Wildlife Department may not
32-26 acquire a new park, historical site, or wildlife site before:
33-1 (1) the Parks and Wildlife Department has completed
33-2 the inventory required by Section 11.103, Parks and Wildlife Code,
33-3 as added by this Act; and
33-4 (2) the Parks and Wildlife Commission has approved,
33-5 under Section 11.102, Parks and Wildlife Code, as added by this
33-6 Act, the plan prepared by the department under Section 11.104,
33-7 Parks and Wildlife Code, as added by this Act.
33-8 (b) This section does not apply to acquisitions, as
33-9 determined by the Parks and Wildlife Department, that:
33-10 (1) began before the effective date of this Act;
33-11 (2) are within or adjacent to existing Parks and
33-12 Wildlife Department land and increase public access to those
33-13 facilities; or
33-14 (3) are of statewide significance.
33-15 SECTION 41. (a) In this section, "publication" and "youth"
33-16 have the meanings assigned by Section 11.0172, Parks and Wildlife
33-17 Code, as added by this Act.
33-18 (b) To the extent a contract for a publication does not
33-19 expressly allow the Parks and Wildlife Department to terminate the
33-20 contract, retain final approval over the content of the
33-21 publication, including advertising, or request and receive an
33-22 appropriate number of copies of the publication that contain
33-23 advertising that is appropriate for viewing by youth, not later
33-24 than March 1, 2002, the department shall negotiate a modification
33-25 to or otherwise modify the contract to contain provisions allowing
33-26 for:
34-1 (1) termination;
34-2 (2) final approval over the content of the
34-3 publication, including advertising; and
34-4 (3) requesting and receiving an appropriate number of
34-5 copies of the publication that contain advertising that is
34-6 appropriate for viewing by youth.
34-7 SECTION 42. Not later than September 1, 2002, the Parks and
34-8 Wildlife Department shall complete the initial report required
34-9 under Subsection (c), Section 77.005, Parks and Wildlife Code, as
34-10 added by this Act.
34-11 SECTION 43. Not later than October 15, 2002, the Parks and
34-12 Wildlife Department shall prepare the plan required under Section
34-13 11.104, Parks and Wildlife Code, as added by this Act.
34-14 SECTION 44. The changes in law made by this Act in the
34-15 qualifications of, and the prohibitions applying to, the members of
34-16 the Parks and Wildlife Commission do not affect the entitlement of
34-17 a person serving as a member of the commission immediately before
34-18 September 1, 2001, to continue to carry out the functions of the
34-19 person's office for the remainder of the person's term. The
34-20 changes in law apply only to a person appointed on or after
34-21 September 1, 2001. This Act does not prohibit a person who is a
34-22 member of the Parks and Wildlife Commission immediately before
34-23 September 1, 2001, from being reappointed as a commission member if
34-24 the person has the qualifications required for the position under
34-25 Chapter 11, Parks and Wildlife Code, as amended by this Act.
34-26 SECTION 45. This Act takes effect September 1, 2001.