1-1 AN ACT
1-2 relating to the continuation and functions of the 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. Subchapter A, Chapter 11, Parks and Wildlife
1-13 Code, is amended by adding Section 11.003 to read as follows:
1-14 Sec. 11.003. APPLICABILITY OF CERTAIN STATE LAW
1-15 REQUIREMENTS. A requirement under state law that a law enforcement
1-16 agency adopt a policy that requires the collection and reporting of
1-17 information relating to persons detained during traffic stops, that
1-18 a peace officer report information relating to persons detained
1-19 during traffic and pedestrian stops, or that a law enforcement
1-20 agency compile, analyze, and report information relating to persons
1-21 detained during traffic and pedestrian stops does not apply to the
1-22 department or an employee of the department.
1-23 SECTION 3. Section 11.0111, Parks and Wildlife Code, is
1-24 amended to read as follows:
1-25 Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife
2-1 Department is subject to Chapter 325, Government Code (Texas Sunset
2-2 Act). Unless continued in existence as provided by that chapter,
2-3 the department is abolished September 1, 2013 [2001].
2-4 SECTION 4. Section 11.012, Parks and Wildlife Code, is
2-5 amended by adding Subsection (d) to read as follows:
2-6 (d) In making appointments under this section, the governor
2-7 shall attempt to include persons with expertise in diverse fields,
2-8 including fields such as historic preservation, conservation, and
2-9 outdoor recreation.
2-10 SECTION 5. Section 11.0121, Parks and Wildlife Code, is
2-11 amended to read as follows:
2-12 Sec. 11.0121. QUALIFICATIONS. A person may not be [is not
2-13 eligible for appointment as] a public member of the commission if
2-14 the person or the person's spouse:
2-15 (1) is registered, certified, or licensed by a
2-16 regulatory agency in the field of conservation, outdoor recreation,
2-17 or commercial fishing, unless the license is a noncommercial
2-18 hunting or fishing license or a license issued under Subchapter D,
2-19 Chapter 43;
2-20 (2) is employed by or participates in the management
2-21 of a business entity or other organization regulated by [the
2-22 department] or receiving money [funds] from the department;
2-23 (3) [(2)] owns or[,] controls, [or has,] directly or
2-24 indirectly, more than a 10 percent interest in a business entity or
2-25 other organization regulated by [the department] or receiving money
2-26 [funds] from the department; or
3-1 (4) [(3)] uses or receives a substantial amount of
3-2 tangible goods, services, or money [funds] from the department
3-3 other than compensation or reimbursement authorized by law for
3-4 commission membership, attendance, or expenses.
3-5 SECTION 6. Section 11.0122, Parks and Wildlife Code, is
3-6 amended to read as follows:
3-7 Sec. 11.0122. CONFLICT OF INTEREST. (a) In this section,
3-8 "Texas trade association" means a cooperative and voluntarily
3-9 joined association of business or professional competitors in this
3-10 state designed to assist its members and its industry or profession
3-11 in dealing with mutual business or professional problems and in
3-12 promoting their common interest.
3-13 (b) A person may not be a member of the commission and may
3-14 not be a department employee employed in a "bona fide executive,
3-15 administrative, or professional capacity," as that phrase is used
3-16 for purposes of establishing an exemption to the overtime
3-17 provisions of the federal Fair Labor Standards Act of 1938 (29
3-18 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
3-19 (1) the person is a paid or compensated officer, [An]
3-20 employee, or paid consultant of a Texas trade [statewide]
3-21 association in the field of conservation, [or] outdoor recreation,
3-22 or commercial fishing; or
3-23 (2) the person's [may not be a commission member or
3-24 employee of the department, nor may a person who cohabits with or
3-25 is the] spouse is an officer, manager, [of a managerial employee]
3-26 or paid consultant of a Texas trade [statewide] association in the
4-1 field of conservation, [or] outdoor recreation, or commercial
4-2 fishing [be a member of the commission or an employee of the
4-3 department grade 17 or over, including exempt employees, according
4-4 to the position classification schedule under the General
4-5 Appropriations Act].
4-6 SECTION 7. Section 11.0123, Parks and Wildlife Code, is
4-7 amended to read as follows:
4-8 Sec. 11.0123. LOBBYIST PROHIBITION [MAY NOT SERVE ON
4-9 COMMISSION]. A person may not be a member of the commission or act
4-10 as the general counsel to the commission or the department if the
4-11 person [who] is required to register as a lobbyist under Chapter
4-12 305, Government Code, because [by virtue] of the person's [his]
4-13 activities for compensation [in or] on behalf of a profession
4-14 related to the operation of the department [commission, may not
4-15 serve as a member of the commission or act as the general counsel
4-16 to the commission].
4-17 SECTION 8. Section 11.0124, Parks and Wildlife Code, is
4-18 amended to read as follows:
4-19 Sec. 11.0124. DISCRIMINATION IN APPOINTMENTS PROHIBITED.
4-20 Appointments to the commission shall be made without regard to the
4-21 race, color, disability [handicap], sex, religion, age, or national
4-22 origin of the appointees.
4-23 SECTION 9. Section 11.0125, Parks and Wildlife Code, is
4-24 amended to read as follows:
4-25 Sec. 11.0125. REMOVAL OF A COMMISSION MEMBER. (a) It is a
4-26 ground for removal from the commission that [if a member]:
5-1 (1) a public member does not have at the time of
5-2 taking office [appointment] the qualifications required by Section
5-3 11.0121 [of this code for appointment to the commission];
5-4 (2) a public member does not maintain during [the]
5-5 service on the commission the qualifications required by Section
5-6 11.0121 [of this code for appointment to the commission];
5-7 (3) a member is ineligible for membership under
5-8 [violates a prohibition established by] Section 11.012(c), 11.0122,
5-9 or 11.0123 [of this code];
5-10 (4) a member cannot, because of illness or disability,
5-11 [is unable to] discharge the member's [his] duties for a
5-12 substantial part [portion] of the member's term [for which he was
5-13 appointed because of illness or disability]; or
5-14 (5) a member is absent from more than half [one-half]
5-15 of the regularly scheduled commission meetings that [which] the
5-16 member is eligible to attend during a [each] calendar year without
5-17 an excuse approved[, except when the absence is excused] by a
5-18 majority vote of the commission.
5-19 (b) The validity of an action of the commission is not
5-20 affected by the fact that it is [was] taken when a ground for
5-21 removal of a commission member exists [of the commission existed].
5-22 (c) If the director has knowledge that a potential ground
5-23 for removal exists, the director [he] shall notify the presiding
5-24 officer [chairman] of the commission of the potential [such]
5-25 ground. The presiding officer [chairman of the commission] shall
5-26 then notify the governor and the attorney general that a potential
6-1 ground for removal exists. If the potential ground for removal
6-2 involves the presiding officer, the director shall notify the next
6-3 highest ranking officer of the commission, who shall then notify
6-4 the governor and the attorney general that a potential ground for
6-5 removal exists.
6-6 SECTION 10. Subchapter B, Chapter 11, Parks and Wildlife
6-7 Code, is amended by adding Section 11.0126 to read as follows:
6-8 Sec. 11.0126. TRAINING PROGRAM FOR COMMISSION MEMBERS.
6-9 (a) A person who is appointed to and qualifies for office as a
6-10 member of the commission may not vote, deliberate, or be counted as
6-11 a member in attendance at a meeting of the commission until the
6-12 person completes a training program that complies with this
6-13 section.
6-14 (b) The training program must provide the person with
6-15 information regarding:
6-16 (1) the legislation that created the department and
6-17 the commission;
6-18 (2) the programs operated by the department;
6-19 (3) the role and functions of the department;
6-20 (4) the rules of the commission, with an emphasis on
6-21 the rules that relate to disciplinary and investigatory authority;
6-22 (5) the current budget for the department;
6-23 (6) the results of the most recent formal audit of the
6-24 department;
6-25 (7) the requirements of:
6-26 (A) the open meetings law, Chapter 551,
7-1 Government Code;
7-2 (B) the public information law, Chapter 552,
7-3 Government Code;
7-4 (C) the administrative procedure law, Chapter
7-5 2001, Government Code; and
7-6 (D) other laws relating to public officials,
7-7 including conflict-of-interest laws; and
7-8 (8) any applicable ethics policies adopted by the
7-9 department or the Texas Ethics Commission.
7-10 (c) A person appointed to the commission is entitled to
7-11 reimbursement, as provided by the General Appropriations Act, for
7-12 the travel expenses incurred in attending the training program
7-13 regardless of whether the attendance at the program occurs before
7-14 or after the person qualifies for office.
7-15 SECTION 11. Subchapter B, Chapter 11, Parks and Wildlife
7-16 Code, is amended by adding Section 11.0127 to read as follows:
7-17 Sec. 11.0127. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
7-18 PROGRAM. The director or the director's designee shall provide to
7-19 agency employees information and training on the benefits and
7-20 methods of participation in the state employee incentive program
7-21 under Subchapter B, Chapter 2108, Government Code.
7-22 SECTION 12. Section 11.014, Parks and Wildlife Code, is
7-23 amended to read as follows:
7-24 Sec. 11.014. PRESIDING OFFICER [CHAIRMAN, VICE-CHAIRMAN].
7-25 (a) The governor shall designate a member [biennially one of the
7-26 nine members as chairman] of the commission as the presiding
8-1 officer of the commission to serve in that capacity at the pleasure
8-2 of the governor [for a term of two years expiring on January 31 of
8-3 the succeeding odd-numbered year].
8-4 (b) [The commission shall elect biennially a vice-chairman
8-5 from among its members for a term of two years expiring on January
8-6 31 of the succeeding odd-numbered year.]
8-7 [(c)] A vacancy in the office of presiding officer is filled
8-8 in the same manner as the original designation [chairman or
8-9 vice-chairman is filled for the unexpired portion of the term in
8-10 the same manner as the original appointment or election].
8-11 SECTION 13. Section 11.0151, Parks and Wildlife Code, is
8-12 amended to read as follows:
8-13 Sec. 11.0151. PUBLIC HEARINGS. (a) In this section, "major
8-14 decision" means a decision in which a vote is taken on:
8-15 (1) a rule;
8-16 (2) a proclamation;
8-17 (3) a contract;
8-18 (4) a budget;
8-19 (5) a grant;
8-20 (6) a development plan for a geographical area managed
8-21 by the department;
8-22 (7) a memorandum of understanding with another
8-23 governmental entity; or
8-24 (8) any other issue as determined by the commission.
8-25 (b) The commission shall develop and implement policies that
8-26 will provide the public with a reasonable opportunity to appear
9-1 before the commission and to speak on any issue under the
9-2 jurisdiction of the commission.
9-3 (c) The commission, or any committee of the commission with
9-4 at least five commission members serving on the committee, shall
9-5 provide an opportunity for public testimony in an open meeting
9-6 before making a major decision.
9-7 SECTION 14. Section 11.0161, Parks and Wildlife Code, is
9-8 amended to read as follows:
9-9 Sec. 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES;
9-10 COMPLAINTS. (a) The commission shall prepare information of
9-11 public interest describing the functions of the commission and
9-12 describing the commission's procedures by which complaints are
9-13 filed with and resolved by the commission. The commission shall
9-14 make the information available to the general public and
9-15 appropriate state agencies.
9-16 (b) The department shall maintain a file on each written
9-17 complaint filed with the department that the department has the
9-18 authority to resolve. The file must include:
9-19 (1) the name of the person who filed the complaint;
9-20 (2) the date the complaint is received by the
9-21 department;
9-22 (3) the subject matter of the complaint;
9-23 (4) the name of each person contacted in relation to
9-24 the complaint;
9-25 (5) a summary of the results of the review or
9-26 investigation of the complaint; and
10-1 (6) an explanation of the reason the file was closed,
10-2 if the department closed the file without taking action other than
10-3 to investigate the complaint.
10-4 (c) The department shall provide to the person filing the
10-5 complaint and to each person who is a subject of the complaint a
10-6 copy of the department's policies and procedures relating to
10-7 complaint investigation and resolution.
10-8 (d) The department, at least quarterly until final
10-9 disposition of the complaint, shall notify the person filing the
10-10 complaint and each person who is a subject of the complaint of the
10-11 status of the investigation unless the notice would jeopardize an
10-12 undercover investigation.
10-13 (e) The commission may adopt rules to define the types of
10-14 complaints to which this section applies.
10-15 SECTION 15. Subchapter B, Chapter 11, Parks and Wildlife
10-16 Code, is amended by adding Sections 11.0172 and 11.0173 to read as
10-17 follows:
10-18 Sec. 11.0172. LIMIT ON CONTRACTS FOR PUBLICATIONS. (a) In
10-19 this section:
10-20 (1) "Publication" includes the publication of a book,
10-21 magazine, photograph, poster, or bulletin.
10-22 (2) "Youth" means an individual younger than 17 years
10-23 of age.
10-24 (b) The department may not contract with a person regarding
10-25 a publication unless the contract provides the department the
10-26 authority to:
11-1 (1) terminate the contract for a violation of a rule
11-2 adopted under Subsection (c);
11-3 (2) retain final approval over the content of the
11-4 publication, including advertising; and
11-5 (3) request and receive an appropriate number of
11-6 copies of the publication that contain advertising that is
11-7 appropriate for viewing by youth.
11-8 (c) The commission shall adopt rules regarding the types of
11-9 advertising that are appropriate for viewing by youth.
11-10 Sec. 11.0173. PROHIBITION ON TOBACCO ADVERTISING. (a) In
11-11 this section, "publication" includes the publication of a book,
11-12 magazine, photograph, poster, or bulletin.
11-13 (b) The department may not accept an advertisement that
11-14 promotes the sale of tobacco in a publication sponsored or
11-15 published by the department.
11-16 SECTION 16. Section 11.0181, Parks and Wildlife Code, is
11-17 amended by adding Subsection (c) to read as follows:
11-18 (c) The department shall manage the outreach and education
11-19 activities performed under this section to ensure that the
11-20 activities:
11-21 (1) are consistent with the department's mission and
11-22 goals;
11-23 (2) do not duplicate other efforts by the department
11-24 or other entities;
11-25 (3) provide a cost-effective method for reaching
11-26 participants; and
12-1 (4) can be effectively measured.
12-2 SECTION 17. Subchapter B, Chapter 11, Parks and Wildlife
12-3 Code, is amended by adding Section 11.0182 to read as follows:
12-4 Sec. 11.0182. EMPLOYEE FUND-RAISING. (a) This section
12-5 applies only to the solicitation or receipt of a gift, including
12-6 money, that has a value of $500 or more.
12-7 (b) The commission by rule shall adopt policies to govern
12-8 fund-raising activities by department employees on behalf of the
12-9 department. The rules must:
12-10 (1) designate the types of employees who may solicit
12-11 donations;
12-12 (2) restrict where and how fund-raising may occur; and
12-13 (3) establish requirements for reports by employees to
12-14 the director.
12-15 (c) The director shall approve and manage fund-raising
12-16 activities by department employees on behalf of the department in
12-17 accordance with commission rules.
12-18 (d) At least once each biennium the state auditor shall
12-19 audit the fund-raising activities performed under this section.
12-20 The audit shall disclose who has engaged in fund-raising activities
12-21 for the department and the value of gifts each person has received
12-22 or solicited. The state auditor shall report the results of the
12-23 audit to the presiding officer of each house of the legislature and
12-24 of each committee having primary jurisdiction over the department.
12-25 Each member of the legislature may access the report.
12-26 (e) Policies adopted by the commission under Subsection (b)
13-1 are public information under Chapter 552, Government Code.
13-2 SECTION 18. Section 11.021, Parks and Wildlife Code, is
13-3 amended to read as follows:
13-4 Sec. 11.021. INFORMATION CONCERNING QUALIFICATIONS AND
13-5 RESPONSIBILITIES. The director or the director's [his] designee
13-6 shall provide to commission members and department employees, as
13-7 often as [is] necessary, information regarding the requirements for
13-8 office or employment [their qualifications] under this chapter,
13-9 including information regarding a person's [code and their]
13-10 responsibilities under applicable laws relating to standards of
13-11 conduct for state officers or employees.
13-12 SECTION 19. Section 11.022, Parks and Wildlife Code, is
13-13 amended to read as follows:
13-14 Sec. 11.022. EQUAL OPPORTUNITY EMPLOYMENT. (a) The
13-15 director or the director's [his] designee shall prepare and
13-16 maintain a written policy statement that implements [to assure
13-17 implementation of] a program of equal employment opportunity to
13-18 ensure that [whereby] all personnel decisions [transactions] are
13-19 made without regard to race, color, disability [handicap], sex,
13-20 religion, age, or national origin.
13-21 (b) The policy statement must [shall] include:
13-22 (1) personnel policies, including policies relating to
13-23 recruitment, evaluation, selection, [appointment,] training, and
13-24 promotion of personnel, that show the intent of the department to
13-25 avoid the unlawful employment practices described by Chapter 21,
13-26 Labor Code; and
14-1 (2) an analysis of the extent to which the composition
14-2 of the department's personnel is in accordance with state and
14-3 federal law and a description of reasonable methods to achieve
14-4 compliance with state and federal law[;]
14-5 [(2) a comprehensive analysis of the department's work
14-6 force that meets federal or state guidelines;]
14-7 [(3) procedures by which a determination can be made
14-8 of significant underutilization in the department work force of all
14-9 persons of which federal or state guidelines encourage a more
14-10 equitable balance; and]
14-11 [(4) reasonable methods to appropriately address areas
14-12 of significant underutilization in the department work force of all
14-13 persons of which federal or state guidelines encourage a more
14-14 equitable balance].
14-15 (c) [(b)] The policy statement must [statements shall] be:
14-16 (1) updated annually;
14-17 (2) reviewed by the state Commission on Human Rights
14-18 for compliance with Subsection (b); and
14-19 (3) filed with the governor's office [not later than
14-20 November 1 of each year, cover an annual period, and be updated at
14-21 least annually. The governor's office shall develop a biennial
14-22 report to the legislature based on the information submitted. The
14-23 report may be made separately or as a part of other biennial
14-24 reports made to the legislature].
14-25 SECTION 20. Subchapter B, Chapter 11, Parks and Wildlife
14-26 Code, is amended by adding Section 11.0255 to read as follows:
15-1 Sec. 11.0255. EVALUATION OF CONSTRUCTION PROJECTS. (a) The
15-2 department shall calculate the costs of each department
15-3 construction project as the project is completed.
15-4 (b) In calculating the costs under Subsection (a), the
15-5 department:
15-6 (1) shall consider both direct and indirect costs of
15-7 department employees who perform project tasks; and
15-8 (2) may use the cost accounting procedures and
15-9 instructions developed by the State Council on Competitive
15-10 Government under Section 2162.102, Government Code.
15-11 (c) On request, the State Council on Competitive Government
15-12 shall provide technical assistance to the department, including
15-13 assistance with the application of the council's cost accounting
15-14 procedures and instructions.
15-15 (d) Using the costs calculated under this section for
15-16 completed projects, the department shall evaluate the costs and
15-17 benefits of contracting with private entities or individuals to
15-18 manage proposed construction-related tasks or projects.
15-19 SECTION 21. Section 11.026, Parks and Wildlife Code, is
15-20 amended to read as follows:
15-21 Sec. 11.026. GIFTS OF PROPERTY OR MONEY. (a) Except as
15-22 provided by Subsection (b), the [The] department may accept gifts
15-23 of property or money in support of any department purpose
15-24 authorized in this code.
15-25 (b) The department may not accept a gift or other donation
15-26 from a person who holds a commercial license issued by the
16-1 department. For the purposes of this section, a license issued
16-2 under Subchapter D, Chapter 43, is not a commercial license.
16-3 SECTION 22. Section 11.0261, Parks and Wildlife Code, is
16-4 amended to read as follows:
16-5 Sec. 11.0261. PROHIBITION AGAINST ACCEPTANCE OF GIFTS,
16-6 GRATUITIES, AND OTHER THINGS OF VALUE; EXCEPTION. (a) Except as
16-7 provided by Subsection (b), a [A] person who is a member of the
16-8 commission or an employee of the department may not accept a gift,
16-9 gratuity, or other thing of value, including travel, from a person
16-10 who:
16-11 (1) is employed by or participates in the management
16-12 of a business entity or other organization that receives funds from
16-13 the department;
16-14 (2) owns or controls, directly or indirectly, more
16-15 than a 10 percent interest in a business entity or other
16-16 organization that receives funds from the department;
16-17 (3) is a person a significant portion of whose
16-18 business consists of furnishing goods or services to an entity or
16-19 organization described by Subdivision (1) or (2); or
16-20 (4) is an agent, representative, attorney, employee,
16-21 officer, owner, director, or partner of an entity, organization, or
16-22 person described by Subdivision (1), (2), or (3).
16-23 (b) A department employee may accept reimbursement for
16-24 travel expenses from the official nonprofit partner designated by
16-25 the commission under Section 11.205 if:
16-26 (1) the employee has sufficiently documented the
17-1 expense; and
17-2 (2) the expense arose out of the performance of an
17-3 activity related to an employee's official duties regarding the
17-4 partner.
17-5 SECTION 23. Section 11.033, Parks and Wildlife Code, is
17-6 amended to read as follows:
17-7 Sec. 11.033. USE OF GAME, FISH, AND WATER SAFETY ACCOUNT.
17-8 (a) To the extent allowed by federal law, money [Money] in the
17-9 game, fish, and water safety account may be used for the following
17-10 purposes:
17-11 (1) enforcement of fish, shrimp, and oyster laws, game
17-12 laws, and laws pertaining to sand, shell, and gravel;
17-13 (2) dissemination of information pertaining to marine
17-14 life, wild animal life, wildlife values, and wildlife management;
17-15 (3) scientific investigation and survey of marine life
17-16 for the better protection and conservation of marine life;
17-17 (4) establishment and maintenance of fish hatcheries,
17-18 fish sanctuaries, tidal water fish passes, wildlife management
17-19 areas, and public hunting grounds;
17-20 (5) propagation and distribution of marine life, game
17-21 animals, and wild birds;
17-22 (6) protection of wild birds, fish, and game;
17-23 (7) purchase, repair, and operation of boats and
17-24 dredges;
17-25 (8) research, management, and protection of the fish
17-26 and wildlife resources of this state, including alligators and
18-1 fur-bearing animals;
18-2 (9) salaries of employees and other expenses necessary
18-3 to carry out the duties of the department under laws relating to
18-4 fish, shrimp, oysters, game, water safety, and sand, shell, and
18-5 gravel;
18-6 (10) expansion and development of additional
18-7 opportunities of hunting and fishing in state-owned land and water;
18-8 (11) removing rough fish from public water;
18-9 (12) administration and enforcement of the water
18-10 safety laws as set out in Chapter 31;
18-11 (13) purchasing all necessary forms and supplies,
18-12 including reimbursement of the department for any material produced
18-13 by its existing facilities or work performed by other divisions of
18-14 the department;
18-15 (14) purchase, construction, and maintenance of boat
18-16 ramps on or near public waters as provided in Chapter 31;
18-17 (15) resource protection activities; and
18-18 (16) any other use provided by law.
18-19 (b) The department may use money from license fees paid by
18-20 hunters and fishermen only for those functions required to manage
18-21 the fish and wildlife resources of this state.
18-22 SECTION 24. Section 11.082, Parks and Wildlife Code, is
18-23 amended by adding Subsection (d) to read as follows:
18-24 (d) In administering the state plan, the department shall
18-25 consult with, advise, provide resources to, and otherwise assist
18-26 local governments regarding aquatic vegetation management and
19-1 control. In this subsection, "local government" includes any
19-2 political subdivision with jurisdiction over a public body of
19-3 surface water.
19-4 SECTION 25. Chapter 11, Parks and Wildlife Code, is amended
19-5 by adding Subchapter H to read as follows:
19-6 SUBCHAPTER H. LAND AND WATER RESOURCES CONSERVATION PLAN
19-7 Sec. 11.101. DEFINITION. In this subchapter, "conservation"
19-8 includes the conservation of historical, natural, recreational, and
19-9 wildlife resources.
19-10 Sec. 11.102. PLAN APPROVAL; HEARING REQUIRED. (a) The
19-11 department must obtain approval from the commission for each
19-12 development plan required by statute for a geographical area
19-13 managed by the department.
19-14 (b) The commission shall hold a hearing on approval of the
19-15 plan.
19-16 Sec. 11.103. INVENTORY. (a) The department shall inventory
19-17 all land and water associated with historical, natural,
19-18 recreational, and wildlife resources in this state that are owned
19-19 by:
19-20 (1) governmental entities; or
19-21 (2) nonprofit entities that offer access to the land
19-22 or water to the public.
19-23 (b) The department shall use existing inventory information
19-24 concerning the lands identified in Subsection (a)(1) whenever
19-25 possible.
19-26 (c) The department shall create a permanent database of the
20-1 resources inventoried under Subsection (a). At least once every 10
20-2 years, the department shall update the database as necessary to
20-3 reflect changes in the resources.
20-4 Sec. 11.104. LAND AND WATER RESOURCES CONSERVATION AND
20-5 RECREATION PLAN. (a) Using the inventory prepared under Section
20-6 11.103, the department shall:
20-7 (1) analyze the state's existing and future land and
20-8 water conservation and recreation needs;
20-9 (2) identify threatened land and water resources in
20-10 this state; and
20-11 (3) establish the relative importance for conservation
20-12 purposes of particular resources listed in the inventory.
20-13 (b) The inclusion of a specific parcel of land in the
20-14 inventory does not create any additional right of public access to
20-15 that land.
20-16 (c) Based on the analysis made under Subsection (a), the
20-17 department shall prepare a land and water resources conservation
20-18 and recreation plan. The plan must include criteria for
20-19 determining how to meet the state's conservation and recreation
20-20 needs. The department shall revise the plan as necessary to
20-21 reflect changes in the inventory developed under Section 11.103.
20-22 (d) The department shall modify any existing plans regarding
20-23 parks and wildlife management areas to make the existing plans
20-24 consistent with the land and water resources conservation and
20-25 recreation plan developed under this section.
20-26 (e) The department shall base its decisions regarding the
21-1 state's conservation needs on the criteria developed in the plan,
21-2 including decisions relating to:
21-3 (1) the acquisition of new resources for the
21-4 conservation and recreation purposes of the department;
21-5 (2) the divestiture of existing department-owned
21-6 resources;
21-7 (3) department grants to local parks;
21-8 (4) department cooperation with private conservation
21-9 organizations and landowners, including associations of landowners;
21-10 and
21-11 (5) other major land conservation operations of the
21-12 department.
21-13 Sec. 11.105. COORDINATION OF CONSERVATION AND RECREATION
21-14 OPERATIONS. The department shall:
21-15 (1) consider all resources listed in the inventory
21-16 prepared under Section 11.103 in conjunction with each other;
21-17 (2) coordinate department activities related to those
21-18 resources internally and with similar activities of other
21-19 governmental or nonprofit entities; and
21-20 (3) set priorities for department activities related
21-21 to those resources according to the most vital existing and future
21-22 needs for conservation and recreation.
21-23 Sec. 11.106. EXEMPTIONS. Section 11.104 does not apply to:
21-24 (1) property that is part of a fund created or
21-25 specifically authorized by the constitution of this state that is
21-26 administered by or with the assistance of the School Land Board or
22-1 the General Land Office; or
22-2 (2) land, water, or property owned by the permanent
22-3 university fund or any other land, water, or property owned by,
22-4 administered by, or held for the use and benefit of an institution
22-5 of higher education, as that term is defined in Section 61.003,
22-6 Education Code.
22-7 SECTION 26. Chapter 11, Parks and Wildlife Code, is amended
22-8 by adding Subchapter I to read as follows:
22-9 SUBCHAPTER I. STATEWIDE COMMERCIAL PROJECTS
22-10 Sec. 11.151. DEFINITION. In this subchapter, "statewide
22-11 commercial project" means a commercial venture undertaken by the
22-12 department throughout the state, including promotions, sales, or
22-13 other activities to raise money for the department. The term does
22-14 not include a promotion or sale undertaken solely at one site.
22-15 Sec. 11.152. BUSINESS PLANS. Each business plan developed
22-16 under this subchapter must include:
22-17 (1) a description of the product or service provided;
22-18 (2) an analysis of the information necessary for
22-19 persons to make decisions on the project;
22-20 (3) an analysis of the personnel necessary to manage
22-21 and implement the project;
22-22 (4) financial data, including both past performance
22-23 and a budget and goals for future performance; and
22-24 (5) a list of the resources necessary for a successful
22-25 project.
22-26 Sec. 11.153. DEPARTMENT PLAN: OPERATIONAL STRATEGIES.
23-1 (a) The department shall develop an agency-wide business plan to
23-2 guide its overall operational strategies for statewide commercial
23-3 projects. The plan must:
23-4 (1) use the plans prepared under Section 11.154 for
23-5 each project;
23-6 (2) evaluate the efficiency of existing projects;
23-7 (3) consider or propose changes to any project
23-8 necessary to meet the department's overall goals;
23-9 (4) compare each project's services and products to
23-10 similar services and products available from the private sector;
23-11 (5) seek to increase savings and improve customer
23-12 service on each project;
23-13 (6) coordinate existing projects to avoid duplication
23-14 and focus resources on the most efficient and effective projects;
23-15 and
23-16 (7) assess the potential for contracting with a
23-17 private entity or individual to perform department functions
23-18 relating to specific projects.
23-19 (b) The department shall use the services of the State
23-20 Council on Competitive Government, where appropriate, in fulfilling
23-21 the department's duties under Subsection (a)(7).
23-22 Sec. 11.154. INDIVIDUAL PROJECT PLANS. (a) The department
23-23 shall develop a business plan for each statewide commercial
23-24 project. The plan must contain:
23-25 (1) an accurate accounting for all project costs,
23-26 including personnel and overhead costs; and
24-1 (2) reasonable projections of project income.
24-2 (b) The director shall review the plan for each project at
24-3 least annually to assess the overall performance and value of the
24-4 project.
24-5 (c) The department may modify a plan as necessary to meet
24-6 changing conditions.
24-7 Sec. 11.155. ADJUSTMENT OR TERMINATION OF PROJECT FOR
24-8 FAILURE TO MEET FINANCIAL OBJECTIVES. (a) Except as provided by
24-9 Subsection (b), the department shall adjust or terminate a
24-10 statewide commercial project that fails to meet the financial
24-11 objectives stated in the project's plan.
24-12 (b) This section does not apply if the department determines
24-13 that the project possesses a positive public relations value or
24-14 fulfills a useful educational purpose.
24-15 Sec. 11.156. CONTRACT WITH PRIVATE SECTOR. The department
24-16 shall consider contracting out all or part of a statewide
24-17 commercial project to a private entity or individual, including a
24-18 nonprofit entity or individual.
24-19 SECTION 27. Chapter 11, Parks and Wildlife Code, is amended
24-20 by adding Subchapter J to read as follows:
24-21 SUBCHAPTER J. NONPROFIT PARTNERSHIPS
24-22 Sec. 11.201. DEFINITIONS. In this subchapter:
24-23 (1) "Nonprofit partner" means a nonpolitical legal
24-24 entity that:
24-25 (A) is incorporated under the laws of this
24-26 state;
25-1 (B) has been granted an exemption from federal
25-2 income tax under Section 501(c), Internal Revenue Code of 1986, as
25-3 amended;
25-4 (C) works with the department to further
25-5 department goals; and
25-6 (D) is selected as provided under Section
25-7 11.202.
25-8 (2) "Official nonprofit partner" means the nonprofit
25-9 partner designated by the commission under Section 11.205.
25-10 Sec. 11.202. GENERAL DUTIES. (a) The department may select
25-11 and cooperate with nonprofit partners to serve department goals.
25-12 (b) The department must obtain commission approval for each
25-13 nonprofit partner selected under Subsection (a).
25-14 (c) The commission by rule shall establish best practices
25-15 for nonprofit partners to comply with.
25-16 Sec. 11.203. ACCOUNTABILITY OF NONPROFIT PARTNERS;
25-17 INVESTMENT RESTRICTIONS. (a) The commission by rule shall require
25-18 a nonprofit partner to comply with specified state standards and
25-19 safeguards for accounting for state assets held by the nonprofit
25-20 partner.
25-21 (b) Chapter 2256, Government Code, applies to a nonprofit
25-22 partner to the extent that the partner controls state money.
25-23 Sec. 11.204. PLAN. The department shall provide to each
25-24 nonprofit partner a copy of the plan developed under Section
25-25 11.104.
25-26 Sec. 11.205. OFFICIAL NONPROFIT PARTNER. (a) The
26-1 commission shall designate a single nonprofit partner as the
26-2 official nonprofit partner of the department, unless the commission
26-3 determines in writing that no nonprofit partner is capable of
26-4 effectively implementing the goals of this section.
26-5 (b) The official nonprofit partner must be dedicated to
26-6 meeting department goals.
26-7 (c) The official nonprofit partner may accept gifts, grants,
26-8 and donations to further department goals, including a gift, grant,
26-9 or donation made in the name of the department.
26-10 (d) The official nonprofit partner may use state money to
26-11 acquire property or engage in construction activities only if that
26-12 acquisition or construction is consistent with the department's
26-13 conservation and recreation priorities outlined in the plan
26-14 developed under Section 11.104.
26-15 (e) The official nonprofit partner may organize and manage
26-16 accounts for local nonprofit partners or other organizations to
26-17 benefit a specific state park or other sites under the department's
26-18 jurisdiction.
26-19 (f) The commission by rule shall establish:
26-20 (1) guidelines under which the official nonprofit
26-21 partner may solicit and accept sponsorships from private entities;
26-22 and
26-23 (2) best practices under which the partner may engage
26-24 in activities under this section.
26-25 Sec. 11.206. AUDIT OF OFFICIAL NONPROFIT PARTNER. (a) The
26-26 official nonprofit partner shall be audited annually by an
27-1 independent auditor. The partner shall file the audit with the
27-2 commission.
27-3 (b) The official nonprofit partner's financial transactions
27-4 involving and financial records relating to state money held by the
27-5 nonprofit partner are subject to audit by the state auditor as
27-6 provided in Section 321.013, Government Code.
27-7 Sec. 11.207. EXPENDITURES; LIMITS. (a) The department
27-8 shall direct, by the terms of the contract or grant, how a
27-9 nonprofit partner may spend any state money it receives.
27-10 (b) A state employee may not directly spend or obligate a
27-11 nonprofit partner's money.
27-12 (c) A nonprofit partner may not spend state money to:
27-13 (1) lobby or otherwise attempt to influence a member
27-14 of the legislature; or
27-15 (2) directly or indirectly attempt to influence
27-16 legislation.
27-17 SECTION 28. Section 12.025, Parks and Wildlife Code, is
27-18 amended to read as follows:
27-19 Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The
27-20 department may provide technical guidance to landowners who request
27-21 information concerning fish, wildlife, nongame, and habitat
27-22 management.
27-23 (b) In setting priorities for the provision of money to a
27-24 landowner under this section, the department shall consider:
27-25 (1) the inventory developed under Section 11.103; and
27-26 (2) the priorities set under Section 11.105.
28-1 (c) The department shall support landowner education
28-2 programs and cooperate with appropriate state agencies.
28-3 (d) [(c)] The department shall provide notice of Section
28-4 12.0251 to a private landowner who requests technical assistance
28-5 before entering the property to collect and record information
28-6 about animal or plant life.
28-7 (e) [(d)] The commission by rule shall adopt policies,
28-8 including written guidelines for a method for providing notice
28-9 under Subsection (d) [(c)] and for departmental entry onto
28-10 privately owned land to collect information described by Section
28-11 12.0251(a). The policies and guidelines must identify the maximum
28-12 information that the department may maintain under Section 12.0251.
28-13 (f) [(e)] A review or update of a record or plan produced by
28-14 the department under Section 12.0251 and maintained by the
28-15 landowner or the landowner's agent may be requested by the
28-16 landowner or the department.
28-17 SECTION 29. Subsection (a), Section 12.0251, Parks and
28-18 Wildlife Code, is amended to read as follows:
28-19 (a) Except as provided by this section, information is not
28-20 subject to Chapter 552, Government Code, and may not be disclosed
28-21 to any person, including a state or federal agency, if the
28-22 information is collected by the department in response to a
28-23 landowner request relating to the specific location, species
28-24 identification, or quantity of any animal or plant life that is:
28-25 (1) protected by this code; and
28-26 (2) located on private land that:
29-1 (A) is subject to a wildlife management plan
29-2 developed cooperatively with the department for private land; or
29-3 (B) is the subject of a recommendation report
29-4 prepared by the department for the landowner.
29-5 SECTION 30. Subsection (c), Section 12.703, Parks and
29-6 Wildlife Code, is amended to read as follows:
29-7 (c) The commission by rule may set the amount of
29-8 compensation for a point-of-sale entity. The compensation may
29-9 include an amount to be retained by the entity from the fee
29-10 collected for each item issued by the entity. The rules must
29-11 specify standards for the licenses, including the legibility of the
29-12 license.
29-13 SECTION 31. Subsections (a), (b), and (c), Section 13.001,
29-14 Parks and Wildlife Code, are amended to read as follows:
29-15 (a) Except as otherwise provided by law, the following are
29-16 under the department's control and custody:
29-17 (1) all recreational and[,] natural[, and historical]
29-18 areas designated as state parks; and
29-19 (2) all historical sites acquired by [are under the
29-20 control and custody of] the department.
29-21 (b) The commission shall establish a classification system
29-22 for state parks and wildlife management areas that categorizes
29-23 wildlife management areas, parks, or a portion of parks as wildlife
29-24 management areas, recreational areas, natural areas, or historical
29-25 sites [areas]. The commission may not classify a historical site
29-26 as a historical park.
30-1 (c) The commission shall adopt rules governing the
30-2 acquisition and development of recreational areas, natural areas,
30-3 or historical sites [areas].
30-4 SECTION 32. Section 13.002, Parks and Wildlife Code, is
30-5 amended to read as follows:
30-6 Sec. 13.002. DEVELOPMENT AND ACQUISITION OF OUTDOOR AREAS
30-7 [COMPREHENSIVE STATE PLAN]. The department may:
30-8 (1) [prepare, maintain, and revise a statewide
30-9 comprehensive plan for the development of the outdoor recreation
30-10 resources of this state;]
30-11 [(2)] develop, operate, and maintain outdoor areas and
30-12 facilities of the state; and
30-13 (2) [(3)] acquire land, water, and interests in land
30-14 and water for outdoor recreation areas and facilities.
30-15 SECTION 33. (a) Subchapter A, Chapter 13, Parks and
30-16 Wildlife Code, is amended by adding Section 13.0041 to read as
30-17 follows:
30-18 Sec. 13.0041. USE OF CERTAIN BOND REVENUE. The department
30-19 shall, if practicable, apportion at least fifteen percent of any
30-20 money received by the department from the proceeds of the sale of
30-21 bonds issued under Section 50-f, Article III, Texas Constitution,
30-22 to specific park maintenance or improvement projects for which
30-23 matching private or local money for the specific state parks and
30-24 wildlife projects has been made available to the department.
30-25 (b) This section takes effect only if the constitutional
30-26 amendment proposed by H.J.R. No. 97, 77th Legislature, Regular
31-1 Session, 2001, is approved by the voters. If the proposed
31-2 constitutional amendment is not approved by the voters, this
31-3 section has no effect.
31-4 SECTION 34. Section 13.005, Parks and Wildlife Code, is
31-5 amended to read as follows:
31-6 Sec. 13.005. ACQUISITION OF HISTORICAL SITES [AREAS].
31-7 (a) The department may acquire by purchase, gift, or other manner
31-8 historical sites [areas]:
31-9 (1) where events occurred that represent an important
31-10 aspect of the cultural, political, economic, military, or social
31-11 history of the nation or state;
31-12 (2) significantly associated with the lives of
31-13 outstanding historic persons or with an important event that
31-14 represents a great ideal or idea;
31-15 (3) embodying the distinguishing characteristics of an
31-16 architectural type which is inherently valuable for study of a
31-17 period, style, or method of construction;
31-18 (4) that contributes significantly to the
31-19 understanding of aboriginal man in the nation or state; or
31-20 (5) that is of significant geologic interest relating
31-21 to prehistoric animal or plant life.
31-22 (b) The department shall restore and maintain each
31-23 historical site [area] acquired under this section for the benefit
31-24 of the general public. The department may enter into interagency
31-25 contracts for this purpose.
31-26 (c) The department shall formulate plans [In formulating a
32-1 plan] for the preservation and development of [a] historical sites.
32-2 Before formulating a plan for a specific site, the department shall
32-3 conduct an archeological survey of the site. In formulating plans
32-4 [area], the department shall:
32-5 (1) consider the results from the archeological survey
32-6 for the site if the plan is for a specific site;
32-7 (2) consider the resources necessary to manage a site;
32-8 and
32-9 (3) meet with and [may] consider comments [on the
32-10 plan] made by the Texas Historical Commission.
32-11 (d) The department and the Texas Historical Commission shall
32-12 form a joint panel to establish criteria for determining whether a
32-13 site is of statewide significance under Subsection (a) and to
32-14 promote the continuity of a historic sites program.
32-15 SECTION 35. Section 31.006, Parks and Wildlife Code, is
32-16 amended by adding Subsection (f) to read as follows:
32-17 (f) The commission may adopt rules for the creation of a
32-18 program for the continuing identification and classification of
32-19 participants in the vessel and outboard motor industries doing
32-20 business in this state. The commission may set fees to administer
32-21 this subsection. The department shall use information from the
32-22 program to appoint agents under this section or for any other
32-23 purpose required by the commission's rules or this chapter.
32-24 SECTION 36. Subchapter A, Chapter 13, Parks and Wildlife
32-25 Code, is amended by adding Sections 13.0051, 13.0052, and 13.0053
32-26 to read as follows:
33-1 Sec. 13.0051. COORDINATION WITH TEXAS HISTORICAL COMMISSION;
33-2 REPORT ON PRESERVATION PLANS. The department shall meet regularly
33-3 with the Texas Historical Commission regarding plans to preserve
33-4 and develop historical sites in this state.
33-5 Sec. 13.0052. REPORTS. The department shall periodically
33-6 prepare reports on plans to preserve and develop historical sites
33-7 in this state.
33-8 Sec. 13.0053. REFERENCE TO HISTORICAL SITES. (a) In this
33-9 section, "publication" includes the publication of a book,
33-10 magazine, photograph, poster, or bulletin.
33-11 (b) The department may not refer to a historical site as a
33-12 "historical park":
33-13 (1) in a department publication; or
33-14 (2) on a department marker or sign.
33-15 SECTION 37. Section 13.010, Parks and Wildlife Code, is
33-16 amended to read as follows:
33-17 Sec. 13.010. HISTORIC SITES [LOCATIONS]. The department may
33-18 locate, designate, and suitably mark historic grounds,
33-19 battlefields, and other historic spots in Texas as historic sites.
33-20 Fitting markers may be erected; however, no expense may be incurred
33-21 in the name of the state for this project.
33-22 SECTION 38. Section 43.151, Parks and Wildlife Code, is
33-23 amended to read as follows:
33-24 Sec. 43.151. THREATS TO PUBLIC SAFETY OR DAMAGE BY WILDLIFE.
33-25 (a) A person who has evidence clearly showing that wildlife
33-26 protected by this code is causing serious damage to agricultural,
34-1 horticultural, or aquicultural interests or other property, or is a
34-2 threat to public safety, and who desires to kill the protected
34-3 wildlife shall give written notice of the facts to the county judge
34-4 of the county or to the mayor of the municipality in which the
34-5 damage or threat occurs.
34-6 (b) The county judge or mayor, on receiving the notice,
34-7 shall immediately cause a substantial copy of the notice to be
34-8 posted in the county courthouse or city hall, as applicable, and
34-9 shall notify the department of the location of the property where
34-10 the damage or threat is occurring, the type of damage or nature of
34-11 the threat, and the name of the applicant.
34-12 SECTION 39. Section 43.152, Parks and Wildlife Code, is
34-13 amended to read as follows:
34-14 Sec. 43.152. DEPARTMENT INSPECTION. On receiving notice
34-15 from a county judge or mayor, the department shall inspect the
34-16 property and determine if damage or a threat to public safety is
34-17 occurring as alleged in the notice. If the damage or threat is
34-18 occurring, the department shall make recommendations to the person
34-19 as are feasible and appropriate for controlling the damage or
34-20 threat.
34-21 SECTION 40. Subsection (b), Section 43.154, Parks and
34-22 Wildlife Code, is amended to read as follows:
34-23 (b) The department shall deliver the permit, if issued, to
34-24 the county judge or mayor that sent the notice of damage or threat.
34-25 The permit may not be delivered earlier than 24 hours after the
34-26 notice from the county judge or mayor was received by the
35-1 department.
35-2 SECTION 41. Section 76.007, Parks and Wildlife Code, is
35-3 amended to read as follows:
35-4 Sec. 76.007. MAXIMUM ACREAGE UNDER LOCATION. (a) The
35-5 department may not issue a certificate of location for a location
35-6 that includes more than 100 acres of land covered by water.
35-7 (b) A [No] person may not own, lease, or control more than
35-8 300 [100] acres of land covered by water under certificates of
35-9 location. A person who does not own, lease, or control more than
35-10 300 acres of land may act as an agent for persons who, in the
35-11 aggregate, own, lease, or control more than 300 acres of land.
35-12 SECTION 42. Section 76.017, Parks and Wildlife Code, is
35-13 amended to read as follows:
35-14 Sec. 76.017. LOCATION RENTAL FEES. (a) The [No rental fee
35-15 is owed on any location when oysters are not sold or marketed from
35-16 the location for a period of five years after the date of the
35-17 establishment of the location.]
35-18 [(b) When oysters are sold or marketed from the location and
35-19 thereafter, the] holder of a [the] certificate of location shall
35-20 pay to the department $6 [$3] per acre of location per year to rent
35-21 the location under the certificate. In lieu of that payment, the
35-22 commission may set the required payment under this section in a
35-23 greater amount.
35-24 (b) [(c)] Rental fees are due annually by March 1.
35-25 (c) The holder of a certificate shall pay the department a
35-26 late penalty fee equal to 10 percent of the amount due for any
36-1 rental, transfer, sale, or renewal fee that is not paid when due.
36-2 (d) The failure to pay any rental, transfer, sale, renewal,
36-3 or late penalty fee within 90 days of the due date [when due]
36-4 terminates the lease.
36-5 SECTION 43. Subchapter A, Chapter 76, Parks and Wildlife
36-6 Code, is amended by adding Sections 76.018 and 76.019 to read as
36-7 follows:
36-8 Sec. 76.018. LOCATION RENTAL TERM; RENEWAL; AUCTION.
36-9 (a) The term of a rental lease for a location under this
36-10 subchapter is 15 years.
36-11 (b) The commission shall determine renewal procedures to
36-12 follow at the end of each lease term. The procedures must include:
36-13 (1) a determination that the lease renewal will be
36-14 based on the need for depuration of polluted oysters and other
36-15 considerations specified in the oyster management plan;
36-16 (2) payment of a $200 fee due on renewal of the lease;
36-17 (3) a condition that the current leaseholder will be
36-18 offered a first right of refusal if the lease is renewed under this
36-19 chapter; and
36-20 (4) any other conditions for the lease renewal that do
36-21 not conflict with this chapter.
36-22 (c) The commission shall determine auction procedures for
36-23 the issuance of a lease that is not renewed by the previous
36-24 leaseholder under Subsection (b).
36-25 Sec. 76.019. PROCEDURES FOR SALE OR TRANSFER OF LOCATION
36-26 RENTAL. The commission shall determine procedures for reissuance
37-1 of a lease when the lease is sold or otherwise transferred. The
37-2 procedures must include:
37-3 (1) payment of a $200 fee due on the sale or transfer
37-4 of the lease unless the lease is inherited; and
37-5 (2) a provision that the sale or transfer does not
37-6 change the lease term.
37-7 SECTION 44. Subsection (a), Section 76.036, Parks and
37-8 Wildlife Code, is amended to read as follows:
37-9 (a) The holder of a permit shall clearly and distinctly
37-10 mark[,] by buoys[, stakes, or fences,] the boundaries of the areas
37-11 designated in the permit from which he may take or in which he may
37-12 deposit oysters.
37-13 SECTION 45. Subchapter A, Chapter 77, Parks and Wildlife
37-14 Code, is amended by adding Section 77.005 to read as follows:
37-15 Sec. 77.005. STUDY AND REPORT ON SHRIMP INDUSTRY AND
37-16 RESOURCES. (a) Using the shrimp management plan required by
37-17 Section 77.007 and the research conducted under Section 77.004, the
37-18 department shall comprehensively study shrimp resources, including
37-19 the shrimp population, and the shrimp industry. The study shall
37-20 analyze:
37-21 (1) the status of the shrimp population in coastal
37-22 water, including the size and projected growth of shrimping beds;
37-23 (2) the economic health of the shrimp industry;
37-24 (3) the status of conservation measures, including
37-25 department regulations and license buybacks; and
37-26 (4) the status of marine resources and habitats
38-1 affected by shrimping.
38-2 (b) In conducting the study, the department shall solicit
38-3 and consider input from:
38-4 (1) the public;
38-5 (2) the shrimp industry;
38-6 (3) other businesses affected by the shrimp industry;
38-7 (4) any other persons interested in marine resources;
38-8 and
38-9 (5) the comptroller regarding economic data.
38-10 (c) The department shall report on the status of the study
38-11 to:
38-12 (1) the commission;
38-13 (2) the presiding officer of each house of the
38-14 legislature; and
38-15 (3) the committees of each house of the legislature
38-16 that have primary oversight jurisdiction over the department.
38-17 (d) The department may repeat the study and report as
38-18 necessary to adequately regulate the shrimp industry and to
38-19 preserve shrimp resources.
38-20 (e) The commission shall base policies and rules relating to
38-21 shrimping on the results of the most recent study completed under
38-22 this section.
38-23 SECTION 46. Subchapter A, Chapter 89, Parks and Wildlife
38-24 Code, is amended by adding Section 89.005 to read as follows:
38-25 Sec. 89.005. USE OF BRIDGES, TUNNELS, AND CAUSEWAYS.
38-26 (a) The department, in cooperation with the Texas Department of
39-1 Transportation and local governments, may use obsolete bridges,
39-2 tunnels, and causeways to create artificial reefs under this
39-3 chapter.
39-4 (b) The department may receive from the Texas Department of
39-5 Transportation the transfer of obsolete bridges, tunnels, and
39-6 causeways to create artificial reefs.
39-7 (c) The department may provide assistance, including money,
39-8 to a local government to fulfill the purposes of this section.
39-9 (d) Any money appropriated to the department for the
39-10 artificial reef program under this chapter may be used for the
39-11 purposes of this section.
39-12 SECTION 47. Subdivision (4), Section 11.001, Parks and
39-13 Wildlife Code, is amended to read as follows:
39-14 (4) "Presiding officer" ["Chairman"] means the
39-15 presiding officer [chairman] of the Parks and Wildlife Commission.
39-16 SECTION 48. Section 11.0162, Parks and Wildlife Code, is
39-17 amended to read as follows:
39-18 Sec. 11.0162. ADVISORY COMMITTEES TO COMMISSION. (a) The
39-19 presiding officer [chairman] may appoint committees to advise the
39-20 commission on issues under its jurisdiction.
39-21 (b) The presiding officer [chairman] may adopt rules that
39-22 set the membership, terms of service, qualifications, operating
39-23 procedures, and other standards to ensure the effectiveness of an
39-24 advisory committee appointed under this section.
39-25 SECTION 49. Subsection (b), Section 21.013, Parks and
39-26 Wildlife Code, is amended to read as follows:
40-1 (b) The bonds shall be signed by the presiding officer
40-2 [chairman] and the director, and the seal of the department shall
40-3 be impressed on them.
40-4 SECTION 50. Section 21.014, Parks and Wildlife Code, is
40-5 amended to read as follows:
40-6 Sec. 21.014. FACSIMILE SIGNATURES AND SEALS. In the
40-7 resolution authorizing the issuance of an installment or series of
40-8 bonds, the commission may prescribe the extent to which facsimile
40-9 signatures and facsimile seals instead of manual signatures and
40-10 manually impressed seals may be used in executing the bonds and
40-11 appurtenant coupons. Interest coupons may be signed by the
40-12 facsimile signatures of the presiding officer [chairman] and the
40-13 director.
40-14 SECTION 51. Subsection (b), Section 22.055, Parks and
40-15 Wildlife Code, is amended to read as follows:
40-16 (b) The presiding officer [chairman of the commission], on
40-17 behalf of the department, may execute and deliver the necessary
40-18 instruments to convey the iron ore in place to the purchasers.
40-19 SECTION 52. Subsection (a), Section 81.206, Parks and
40-20 Wildlife Code, is amended to read as follows:
40-21 (a) Sanctuaries shall be set aside and designated by
40-22 proclamation of the commission signed by the presiding officer
40-23 [chairman].
40-24 SECTION 53. Section 76.016, Parks and Wildlife Code, is
40-25 repealed.
40-26 SECTION 54. (a) The Parks and Wildlife Department shall
41-1 study all outreach and education activities performed under Section
41-2 11.0181, Parks and Wildlife Code, to determine whether the
41-3 activities comply with Subsection (c), Section 11.0181, Parks and
41-4 Wildlife Code, as added by this Act.
41-5 (b) Not later than September 1, 2002, the Parks and Wildlife
41-6 Department shall report to the following entities on the study's
41-7 results:
41-8 (1) the Parks and Wildlife Commission;
41-9 (2) the House Appropriations Committee;
41-10 (3) the House State Recreational Resources Committee;
41-11 (4) the Senate Finance Committee; and
41-12 (5) the Senate Natural Resources Committee.
41-13 (c) Until the report is submitted under Subsection (b) of
41-14 this section, the Parks and Wildlife Commission shall limit
41-15 spending on outreach and education activities performed under
41-16 Section 11.0181, Parks and Wildlife Code, unless the Parks and
41-17 Wildlife Department can prove to the Parks and Wildlife Commission
41-18 that the spending is for an activity that:
41-19 (1) is effective; or
41-20 (2) is required by statute.
41-21 SECTION 55. (a) The Parks and Wildlife Department may not
41-22 acquire a new park, historical site, or wildlife site before:
41-23 (1) the Parks and Wildlife Department has completed
41-24 the inventory required by Section 11.103, Parks and Wildlife Code,
41-25 as added by this Act; and
41-26 (2) the Parks and Wildlife Commission has approved,
42-1 under Section 11.102, Parks and Wildlife Code, as added by this
42-2 Act, the plan prepared by the department under Section 11.104,
42-3 Parks and Wildlife Code, as added by this Act.
42-4 (b) This section does not apply to acquisitions, as
42-5 determined by the Parks and Wildlife Department, that:
42-6 (1) began before the effective date of this Act;
42-7 (2) are within or adjacent to existing Parks and
42-8 Wildlife Department land and increase public access to those
42-9 facilities; or
42-10 (3) are of statewide significance.
42-11 SECTION 56. (a) In this section, "publication" and "youth"
42-12 have the meanings assigned by Section 11.0172, Parks and Wildlife
42-13 Code, as added by this Act.
42-14 (b) To the extent a contract for a publication does not
42-15 expressly allow the Parks and Wildlife Department to terminate the
42-16 contract for a violation of a rule adopted under Subsection (c),
42-17 Section 11.0172, Parks and Wildlife Code, as added by this Act,
42-18 retain final approval over the content of the publication,
42-19 including advertising, or request and receive an appropriate number
42-20 of copies of the publication that contain advertising that is
42-21 appropriate for viewing by youth, not later than March 1, 2002, the
42-22 department shall negotiate a modification to or otherwise modify
42-23 the contract to contain provisions allowing for:
42-24 (1) termination of the contract for a violation of a
42-25 rule adopted under Subsection (c), Section 11.0172, Parks and
42-26 Wildlife Code, as added by this Act;
43-1 (2) final approval over the content of the
43-2 publication, including advertising; and
43-3 (3) requesting and receiving an appropriate number of
43-4 copies of the publication that contain advertising that is
43-5 appropriate for viewing by youth.
43-6 SECTION 57. Not later than September 1, 2002, the Parks and
43-7 Wildlife Department shall complete the initial report required
43-8 under Subsection (c), Section 77.005, Parks and Wildlife Code, as
43-9 added by this Act.
43-10 SECTION 58. Not later than October 15, 2002, the Parks and
43-11 Wildlife Department shall prepare the plan required under Section
43-12 11.104, Parks and Wildlife Code, as added by this Act.
43-13 SECTION 59. The changes in law made by this Act in the
43-14 qualifications of, and the prohibitions applying to, the members of
43-15 the Parks and Wildlife Commission do not affect the entitlement of
43-16 a person serving as a member of the commission immediately before
43-17 September 1, 2001, to continue to carry out the functions of the
43-18 person's office for the remainder of the person's term. The
43-19 changes in law apply only to a person appointed on or after
43-20 September 1, 2001. This Act does not prohibit a person who is a
43-21 member of the Parks and Wildlife Commission immediately before
43-22 September 1, 2001, from being reappointed as a commission member if
43-23 the person has the qualifications required for the position under
43-24 Chapter 11, Parks and Wildlife Code, as amended by this Act.
43-25 SECTION 60. This Act takes effect September 1, 2001.
S.B. No. 305
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 305 passed the Senate on
April 17, 2001, by a viva-voce vote; May 18, 2001, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 21, 2001, House granted request of the
Senate; May 27, 2001, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 305 passed the House, with
amendments, on May 16, 2001, by a non-record vote; May 21, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 27, 2001, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor