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.