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