77R15278 E
By Harris, et al. S.B. No. 305
Substitute the following for S.B. No. 305:
By Kuempel C.S.S.B. No. 305
A BILL TO BE ENTITLED
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:
2-1 Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife
2-2 Department is subject to Chapter 325, Government Code (Texas Sunset
2-3 Act). Unless continued in existence as provided by that chapter,
2-4 the department is abolished September 1, 2013 [2001].
2-5 SECTION 4. Section 11.012, Parks and Wildlife Code, is
2-6 amended by adding Subsection (d) to read as follows:
2-7 (d) In making appointments under this section, the governor
2-8 shall attempt to include persons with expertise in diverse fields,
2-9 including fields such as historic preservation, conservation, and
2-10 outdoor recreation.
2-11 SECTION 5. Section 11.0121, Parks and Wildlife Code, is
2-12 amended to read as follows:
2-13 Sec. 11.0121. QUALIFICATIONS. A person may not be [is not
2-14 eligible for appointment as] a public member of the commission if
2-15 the person or the person's spouse:
2-16 (1) is registered, certified, or licensed by a
2-17 regulatory agency in the field of conservation, outdoor recreation,
2-18 or commercial fishing, unless the license is a noncommercial
2-19 hunting or fishing license or a license issued under Subchapter D,
2-20 Chapter 43;
2-21 (2) is employed by or participates in the management
2-22 of a business entity or other organization regulated by [the
2-23 department] or receiving money [funds] from the department;
2-24 (3) [(2)] owns or[,] controls, [or has,] directly or
2-25 indirectly, more than a 10 percent interest in a business entity or
2-26 other organization regulated by [the department] or receiving money
2-27 [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
3-27 field of conservation, [or] outdoor recreation, or commercial
4-1 fishing [be a member of the commission or an employee of the
4-2 department grade 17 or over, including exempt employees, according
4-3 to the position classification schedule under the General
4-4 Appropriations Act].
4-5 SECTION 7. Section 11.0123, Parks and Wildlife Code, is
4-6 amended to read as follows:
4-7 Sec. 11.0123. LOBBYIST PROHIBITION [MAY NOT SERVE ON
4-8 COMMISSION]. A person may not be a member of the commission or act
4-9 as the general counsel to the commission or the department if the
4-10 person [who] is required to register as a lobbyist under Chapter
4-11 305, Government Code, because [by virtue] of the person's [his]
4-12 activities for compensation [in or] on behalf of a profession
4-13 related to the operation of the department [commission, may not
4-14 serve as a member of the commission or act as the general counsel
4-15 to the commission].
4-16 SECTION 8. Section 11.0124, Parks and Wildlife Code, is
4-17 amended to read as follows:
4-18 Sec. 11.0124. DISCRIMINATION IN APPOINTMENTS PROHIBITED.
4-19 Appointments to the commission shall be made without regard to the
4-20 race, color, disability [handicap], sex, religion, age, or national
4-21 origin of the appointees.
4-22 SECTION 9. Section 11.0125, Parks and Wildlife Code, is
4-23 amended to read as follows:
4-24 Sec. 11.0125. REMOVAL OF A COMMISSION MEMBER. (a) It is a
4-25 ground for removal from the commission that [if a member]:
4-26 (1) a public member does not have at the time of
4-27 taking office [appointment] the qualifications required by Section
5-1 11.0121 [of this code for appointment to the commission];
5-2 (2) a public member does not maintain during [the]
5-3 service on the commission the qualifications required by Section
5-4 11.0121 [of this code for appointment to the commission];
5-5 (3) a member is ineligible for membership under
5-6 [violates a prohibition established by] Section 11.012(c), 11.0122,
5-7 or 11.0123 [of this code];
5-8 (4) a member cannot, because of illness or disability,
5-9 [is unable to] discharge the member's [his] duties for a
5-10 substantial part [portion] of the member's term [for which he was
5-11 appointed because of illness or disability]; or
5-12 (5) a member is absent from more than half [one-half]
5-13 of the regularly scheduled commission meetings that [which] the
5-14 member is eligible to attend during a [each] calendar year without
5-15 an excuse approved[, except when the absence is excused] by a
5-16 majority vote of the commission.
5-17 (b) The validity of an action of the commission is not
5-18 affected by the fact that it is [was] taken when a ground for
5-19 removal of a commission member exists [of the commission existed].
5-20 (c) If the director has knowledge that a potential ground
5-21 for removal exists, the director [he] shall notify the presiding
5-22 officer [chairman] of the commission of the potential [such]
5-23 ground. The presiding officer [chairman of the commission] shall
5-24 then notify the governor and the attorney general that a potential
5-25 ground for removal exists. If the potential ground for removal
5-26 involves the presiding officer, the director shall notify the next
5-27 highest ranking officer of the commission, who shall then notify
6-1 the governor and the attorney general that a potential ground for
6-2 removal exists.
6-3 SECTION 10. Subchapter B, Chapter 11, Parks and Wildlife
6-4 Code, is amended by adding Section 11.0126 to read as follows:
6-5 Sec. 11.0126. TRAINING PROGRAM FOR COMMISSION MEMBERS. (a)
6-6 A person who is appointed to and qualifies for office as a member
6-7 of the commission may not vote, deliberate, or be counted as a
6-8 member in attendance at a meeting of the commission until the
6-9 person completes a training program that complies with this
6-10 section.
6-11 (b) The training program must provide the person with
6-12 information regarding:
6-13 (1) the legislation that created the department and
6-14 the commission;
6-15 (2) the programs operated by the department;
6-16 (3) the role and functions of the department;
6-17 (4) the rules of the commission, with an emphasis on
6-18 the rules that relate to disciplinary and investigatory authority;
6-19 (5) the current budget for the department;
6-20 (6) the results of the most recent formal audit of the
6-21 department;
6-22 (7) the requirements of:
6-23 (A) the open meetings law, Chapter 551,
6-24 Government Code;
6-25 (B) the public information law, Chapter 552,
6-26 Government Code;
6-27 (C) the administrative procedure law, Chapter
7-1 2001, Government Code; and
7-2 (D) other laws relating to public officials,
7-3 including conflict-of-interest laws; and
7-4 (8) any applicable ethics policies adopted by the
7-5 department or the Texas Ethics Commission.
7-6 (c) A person appointed to the commission is entitled to
7-7 reimbursement, as provided by the General Appropriations Act, for
7-8 the travel expenses incurred in attending the training program
7-9 regardless of whether the attendance at the program occurs before
7-10 or after the person qualifies for office.
7-11 SECTION 11. Subchapter B, Chapter 11, Parks and Wildlife
7-12 Code, is amended by adding Section 11.0127 to read as follows:
7-13 Sec. 11.0127. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
7-14 PROGRAM. The director or the director's designee shall provide to
7-15 agency employees information and training on the benefits and
7-16 methods of participation in the state employee incentive program
7-17 under Subchapter B, Chapter 2108, Government Code.
7-18 SECTION 12. Section 11.014, Parks and Wildlife Code, is
7-19 amended to read as follows:
7-20 Sec. 11.014. PRESIDING OFFICER [CHAIRMAN, VICE-CHAIRMAN].
7-21 (a) The governor shall designate a member [biennially one of the
7-22 nine members as chairman] of the commission as the presiding
7-23 officer of the commission to serve in that capacity at the pleasure
7-24 of the governor [for a term of two years expiring on January 31 of
7-25 the succeeding odd-numbered year].
7-26 (b) [The commission shall elect biennially a vice-chairman
7-27 from among its members for a term of two years expiring on January
8-1 31 of the succeeding odd-numbered year.]
8-2 [(c)] A vacancy in the office of presiding officer is filled
8-3 in the same manner as the original designation [chairman or
8-4 vice-chairman is filled for the unexpired portion of the term in
8-5 the same manner as the original appointment or election].
8-6 SECTION 13. Section 11.0151, Parks and Wildlife Code, is
8-7 amended to read as follows:
8-8 Sec. 11.0151. PUBLIC HEARINGS. (a) In this section, "major
8-9 decision" means a decision in which a vote is taken on:
8-10 (1) a rule;
8-11 (2) a proclamation;
8-12 (3) a contract;
8-13 (4) a budget;
8-14 (5) a grant;
8-15 (6) a development plan for a geographical area managed
8-16 by the department;
8-17 (7) a memorandum of understanding with another
8-18 governmental entity; or
8-19 (8) any other issue as determined by the commission.
8-20 (b) The commission shall develop and implement policies that
8-21 will provide the public with a reasonable opportunity to appear
8-22 before the commission and to speak on any issue under the
8-23 jurisdiction of the commission.
8-24 (c) The commission, or any committee of the commission with
8-25 at least five commission members serving on the committee, shall
8-26 provide an opportunity for public testimony in an open meeting
8-27 before making a major decision.
9-1 SECTION 14. Section 11.0161, Parks and Wildlife Code, is
9-2 amended to read as follows:
9-3 Sec. 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES;
9-4 COMPLAINTS. (a) The commission shall prepare information of public
9-5 interest describing the functions of the commission and describing
9-6 the commission's procedures by which complaints are filed with and
9-7 resolved by the commission. The commission shall make the
9-8 information available to the general public and appropriate state
9-9 agencies.
9-10 (b) The department shall maintain a file on each written
9-11 complaint filed with the department that the department has the
9-12 authority to resolve. The file must include:
9-13 (1) the name of the person who filed the complaint;
9-14 (2) the date the complaint is received by the
9-15 department;
9-16 (3) the subject matter of the complaint;
9-17 (4) the name of each person contacted in relation to
9-18 the complaint;
9-19 (5) a summary of the results of the review or
9-20 investigation of the complaint; and
9-21 (6) an explanation of the reason the file was closed,
9-22 if the department closed the file without taking action other than
9-23 to investigate the complaint.
9-24 (c) The department shall provide to the person filing the
9-25 complaint and to each person who is a subject of the complaint a
9-26 copy of the department's policies and procedures relating to
9-27 complaint investigation and resolution.
10-1 (d) The department, at least quarterly until final
10-2 disposition of the complaint, shall notify the person filing the
10-3 complaint and each person who is a subject of the complaint of the
10-4 status of the investigation unless the notice would jeopardize an
10-5 undercover investigation.
10-6 (e) The commission may adopt rules to define the types of
10-7 complaints to which this section applies.
10-8 SECTION 15. Subchapter B, Chapter 11, Parks and Wildlife
10-9 Code, is amended by adding Section 11.0172 to read as follows:
10-10 Sec. 11.0172. LIMIT ON CONTRACTS FOR PUBLICATIONS. (a) In
10-11 this section:
10-12 (1) "Publication" includes the publication of a book,
10-13 magazine, photograph, poster, or bulletin.
10-14 (2) "Youth" means an individual younger than 17 years
10-15 of age.
10-16 (b) The department may not contract with a person regarding
10-17 a publication unless the contract provides the department the
10-18 authority to:
10-19 (1) terminate the contract for a violation of a rule
10-20 adopted under Subsection (c);
10-21 (2) retain final approval over the content of the
10-22 publication, including advertising; and
10-23 (3) request and receive an appropriate number of
10-24 copies of the publication that contain advertising that is
10-25 appropriate for viewing by youth.
10-26 (c) The commission shall adopt rules regarding the types of
10-27 advertising that are appropriate for viewing by youth.
11-1 SECTION 16. Section 11.0181, Parks and Wildlife Code, is
11-2 amended by adding Subsection (c) to read as follows:
11-3 (c) The department shall manage the outreach and education
11-4 activities performed under this section to ensure that the
11-5 activities:
11-6 (1) are consistent with the department's mission and
11-7 goals;
11-8 (2) do not duplicate other efforts by the department
11-9 or other entities;
11-10 (3) provide a cost-effective method for reaching
11-11 participants; and
11-12 (4) can be effectively measured.
11-13 SECTION 17. Subchapter B, Chapter 11, Parks and Wildlife
11-14 Code, is amended by adding Section 11.0182 to read as follows:
11-15 Sec. 11.0182. EMPLOYEE FUND-RAISING. (a) The commission by
11-16 rule shall adopt policies to govern fund-raising activities by
11-17 department employees on behalf of the department. The rules must:
11-18 (1) designate the types of employees who may solicit
11-19 donations;
11-20 (2) restrict where and how fund-raising may occur; and
11-21 (3) establish requirements for reports by employees to
11-22 the director.
11-23 (b) The director shall approve and manage fund-raising
11-24 activities by department employees on behalf of the department in
11-25 accordance with commission rules.
11-26 SECTION 18. Section 11.021, Parks and Wildlife Code, is
11-27 amended to read as follows:
12-1 Sec. 11.021. INFORMATION CONCERNING QUALIFICATIONS AND
12-2 RESPONSIBILITIES. The director or the director's [his] designee
12-3 shall provide to commission members and department employees, as
12-4 often as [is] necessary, information regarding the requirements for
12-5 office or employment [their qualifications] under this chapter,
12-6 including information regarding a person's [code and their]
12-7 responsibilities under applicable laws relating to standards of
12-8 conduct for state officers or employees.
12-9 SECTION 19. Section 11.022, Parks and Wildlife Code, is
12-10 amended to read as follows:
12-11 Sec. 11.022. EQUAL OPPORTUNITY EMPLOYMENT. (a) The director
12-12 or the director's [his] designee shall prepare and maintain a
12-13 written policy statement that implements [to assure implementation
12-14 of] a program of equal employment opportunity to ensure that
12-15 [whereby] all personnel decisions [transactions] are made without
12-16 regard to race, color, disability [handicap], sex, religion, age,
12-17 or national origin.
12-18 (b) The policy statement must [shall] include:
12-19 (1) personnel policies, including policies relating to
12-20 recruitment, evaluation, selection, [appointment,] training, and
12-21 promotion of personnel, that show the intent of the department to
12-22 avoid the unlawful employment practices described by Chapter 21,
12-23 Labor Code; and
12-24 (2) an analysis of the extent to which the composition
12-25 of the department's personnel is in accordance with state and
12-26 federal law and a description of reasonable methods to achieve
12-27 compliance with state and federal law[;]
13-1 [(2) a comprehensive analysis of the department's work
13-2 force that meets federal or state guidelines;]
13-3 [(3) procedures by which a determination can be made
13-4 of significant underutilization in the department work force of all
13-5 persons of which federal or state guidelines encourage a more
13-6 equitable balance; and]
13-7 [(4) reasonable methods to appropriately address areas
13-8 of significant underutilization in the department work force of all
13-9 persons of which federal or state guidelines encourage a more
13-10 equitable balance].
13-11 (c) [(b)] The policy statement must [statements shall] be:
13-12 (1) updated annually;
13-13 (2) reviewed by the state Commission on Human Rights
13-14 for compliance with Subsection (b); and
13-15 (3) filed with the governor's office [not later than
13-16 November 1 of each year, cover an annual period, and be updated at
13-17 least annually. The governor's office shall develop a biennial
13-18 report to the legislature based on the information submitted. The
13-19 report may be made separately or as a part of other biennial
13-20 reports made to the legislature].
13-21 SECTION 20. Subchapter B, Chapter 11, Parks and Wildlife
13-22 Code, is amended by adding Section 11.0255 to read as follows:
13-23 Sec. 11.0255. EVALUATION OF CONSTRUCTION PROJECTS. (a) The
13-24 department shall calculate the costs of each department
13-25 construction project as the project is completed.
13-26 (b) In calculating the costs under Subsection (a), the
13-27 department:
14-1 (1) shall consider both direct and indirect costs of
14-2 department employees who perform project tasks; and
14-3 (2) may use the cost accounting procedures and
14-4 instructions developed by the State Council on Competitive
14-5 Government under Section 2162.102, Government Code.
14-6 (c) On request, the State Council on Competitive Government
14-7 shall provide technical assistance to the department, including
14-8 assistance with the application of the council's cost accounting
14-9 procedures and instructions.
14-10 (d) Using the costs calculated under this section for
14-11 completed projects, the department shall evaluate the costs and
14-12 benefits of contracting with private entities or individuals to
14-13 manage proposed construction-related tasks or projects.
14-14 SECTION 21. Section 11.026, Parks and Wildlife Code, is
14-15 amended to read as follows:
14-16 Sec. 11.026. GIFTS OF PROPERTY OR MONEY. (a) Except as
14-17 provided by Subsection (b), the [The] department may accept gifts
14-18 of property or money in support of any department purpose
14-19 authorized in this code.
14-20 (b) The department may not accept a gift or other donation
14-21 from a person who holds a commercial license issued by the
14-22 department. For the purposes of this section, a license issued
14-23 under Subchapter D, Chapter 43, is not a commercial license.
14-24 SECTION 22. Section 11.0261, Parks and Wildlife Code, is
14-25 amended to read as follows:
14-26 Sec. 11.0261. PROHIBITION AGAINST ACCEPTANCE OF GIFTS,
14-27 GRATUITIES, AND OTHER THINGS OF VALUE; EXCEPTION. (a) Except as
15-1 provided by Subsection (b), a [A] person who is a member of the
15-2 commission or an employee of the department may not accept a gift,
15-3 gratuity, or other thing of value, including travel, from a person
15-4 who:
15-5 (1) is employed by or participates in the management
15-6 of a business entity or other organization that receives funds from
15-7 the department;
15-8 (2) owns or controls, directly or indirectly, more
15-9 than a 10 percent interest in a business entity or other
15-10 organization that receives funds from the department;
15-11 (3) is a person a significant portion of whose
15-12 business consists of furnishing goods or services to an entity or
15-13 organization described by Subdivision (1) or (2); or
15-14 (4) is an agent, representative, attorney, employee,
15-15 officer, owner, director, or partner of an entity, organization, or
15-16 person described by Subdivision (1), (2), or (3).
15-17 (b) A department employee may accept reimbursement for
15-18 travel expenses from the official nonprofit partner designated by
15-19 the commission under Section 11.205 if:
15-20 (1) the employee has sufficiently documented the
15-21 expense; and
15-22 (2) the expense arose out of the performance of an
15-23 activity related to an employee's official duties regarding the
15-24 partner.
15-25 SECTION 23. Section 11.082, Parks and Wildlife Code, is
15-26 amended by adding Subsection (d) to read as follows:
15-27 (d) In administering the state plan, the department shall
16-1 consult with, advise, provide resources to, and otherwise assist
16-2 local governments regarding aquatic vegetation management and
16-3 control. In this subsection, "local government" includes any
16-4 political subdivision with jurisdiction over a public body of
16-5 surface water.
16-6 SECTION 24. Chapter 11, Parks and Wildlife Code, is amended
16-7 by adding Subchapter H to read as follows:
16-8 SUBCHAPTER H. LAND AND WATER RESOURCES CONSERVATION PLAN
16-9 Sec. 11.101. DEFINITION. In this subchapter, "conservation"
16-10 includes the conservation of historical, natural, recreational, and
16-11 wildlife resources.
16-12 Sec. 11.102. PLAN APPROVAL; HEARING REQUIRED. (a) The
16-13 department must obtain approval from the commission for each
16-14 development plan required by statute for a geographical area
16-15 managed by the department.
16-16 (b) The commission shall hold a hearing on approval of the
16-17 plan.
16-18 Sec. 11.103. INVENTORY. (a) The department shall inventory
16-19 all land and water associated with historical, natural,
16-20 recreational, and wildlife resources in this state that are owned
16-21 by:
16-22 (1) governmental entities; or
16-23 (2) nonprofit entities that offer access to the land
16-24 or water to the public.
16-25 (b) The department shall use existing inventory information
16-26 concerning the lands identified in Subsection (a)(1) whenever
16-27 possible.
17-1 (c) The department shall create a permanent database of the
17-2 resources inventoried under Subsection (a). At least once every 10
17-3 years, the department shall update the database as necessary to
17-4 reflect changes in the resources.
17-5 Sec. 11.104. LAND AND WATER RESOURCES CONSERVATION AND
17-6 RECREATION PLAN. (a) Using the inventory prepared under Section
17-7 11.103, the department shall:
17-8 (1) analyze the state's existing and future land and
17-9 water conservation and recreation needs;
17-10 (2) identify threatened land and water resources in
17-11 this state; and
17-12 (3) establish the relative importance for conservation
17-13 purposes of particular resources listed in the inventory.
17-14 (b) Inclusion of specific parcels of land in the inventory
17-15 shall not constitute any additional right of public access.
17-16 (c) Based on the analysis made under Subsection (a), the
17-17 department shall prepare a land and water resources conservation
17-18 and recreation plan. The plan must include criteria for
17-19 determining how to meet the state's conservation and recreation
17-20 needs. The department shall revise the plan as necessary to
17-21 reflect changes in the inventory developed under Section 11.103.
17-22 (d) The department shall modify any existing plans regarding
17-23 parks and wildlife management areas to make the existing plans
17-24 consistent with the land and water resources conservation and
17-25 recreation plan developed under this section.
17-26 (e) The department shall base its decisions regarding the
17-27 state's conservation needs on the criteria developed in the plan,
18-1 including decisions relating to:
18-2 (1) the acquisition of new resources for the
18-3 conservation and recreation purposes of the department;
18-4 (2) the divestiture of existing department-owned
18-5 resources;
18-6 (3) department grants to local parks;
18-7 (4) department cooperation with private conservation
18-8 organizations and landowners, including associations of landowners;
18-9 and
18-10 (5) other major land conservation operations of the
18-11 department.
18-12 Sec. 11.105. COORDINATION OF CONSERVATION AND RECREATION
18-13 OPERATIONS. The department shall:
18-14 (1) consider all resources listed in the inventory
18-15 prepared under Section 11.103 in conjunction with each other;
18-16 (2) coordinate department activities related to those
18-17 resources internally and with similar activities of other
18-18 governmental or nonprofit entities; and
18-19 (3) set priorities for department activities related
18-20 to those resources according to the most vital existing and future
18-21 needs for conservation and recreation.
18-22 Sec. 11.106. EXEMPTIONS. Sections 11.104 and 11.105 do not
18-23 apply to:
18-24 (1) property that is part of a fund created or
18-25 specifically authorized by the constitution of this state that is
18-26 administered by or with the assistance of the School Land Board or
18-27 the General Land Office; or
19-1 (2) land, water, or property owned by the permanent
19-2 university fund or any other land, water, or property owned by,
19-3 administered by, or held for the use and benefit of an institution
19-4 of higher education, as that term is defined in Section 61.003,
19-5 Education Code.
19-6 SECTION 25. Chapter 11, Parks and Wildlife Code, is amended
19-7 by adding Subchapter I to read as follows:
19-8 SUBCHAPTER I. STATEWIDE COMMERCIAL PROJECTS
19-9 Sec. 11.151. DEFINITION. In this subchapter, "statewide
19-10 commercial project" means a commercial venture undertaken by the
19-11 department throughout the state, including promotions, sales, or
19-12 other activities to raise money for the department. The term does
19-13 not include a promotion or sale undertaken solely at one site.
19-14 Sec. 11.152. BUSINESS PLANS. Each business plan developed
19-15 under this subchapter must include:
19-16 (1) a description of the product or service provided;
19-17 (2) an analysis of the information necessary for
19-18 persons to make decisions on the project;
19-19 (3) an analysis of the personnel necessary to manage
19-20 and implement the project;
19-21 (4) financial data, including both past performance
19-22 and a budget and goals for future performance; and
19-23 (5) a list of the resources necessary for a successful
19-24 project.
19-25 Sec. 11.153. DEPARTMENT PLAN: OPERATIONAL STRATEGIES. (a)
19-26 The department shall develop an agency-wide business plan to guide
19-27 its overall operational strategies for statewide commercial
20-1 projects. The plan must:
20-2 (1) use the plans prepared under Section 11.154 for
20-3 each project;
20-4 (2) evaluate the efficiency of existing projects;
20-5 (3) consider or propose changes to any project
20-6 necessary to meet the department's overall goals;
20-7 (4) compare each project's services and products to
20-8 similar services and products available from the private sector;
20-9 (5) seek to increase savings and improve customer
20-10 service on each project;
20-11 (6) coordinate existing projects to avoid duplication
20-12 and focus resources on the most efficient and effective projects;
20-13 and
20-14 (7) assess the potential for contracting with a
20-15 private entity or individual to perform department functions
20-16 relating to specific projects.
20-17 (b) The department shall use the services of the State
20-18 Council on Competitive Government, where appropriate, in fulfilling
20-19 the department's duties under Subsection (a)(7).
20-20 Sec. 11.154. INDIVIDUAL PROJECT PLANS. (a) The department
20-21 shall develop a business plan for each statewide commercial
20-22 project. The plan must contain:
20-23 (1) an accurate accounting for all project costs,
20-24 including personnel and overhead costs; and
20-25 (2) reasonable projections of project income.
20-26 (b) The director shall review the plan for each project at
20-27 least annually to assess the overall performance and value of the
21-1 project.
21-2 (c) The department may modify a plan as necessary to meet
21-3 changing conditions.
21-4 Sec. 11.155. ADJUSTMENT OR TERMINATION OF PROJECT FOR
21-5 FAILURE TO MEET FINANCIAL OBJECTIVES. (a) Except as provided by
21-6 Subsection (b), the department shall adjust or terminate a
21-7 statewide commercial project that fails to meet the financial
21-8 objectives stated in the project's plan.
21-9 (b) This section does not apply if the department determines
21-10 that the project possesses a positive public relations value or
21-11 fulfills a useful educational purpose.
21-12 Sec. 11.156. CONTRACT WITH PRIVATE SECTOR. The department
21-13 shall consider contracting out all or part of a statewide
21-14 commercial project to a private entity or individual, including a
21-15 nonprofit entity or individual.
21-16 SECTION 26. Chapter 11, Parks and Wildlife Code, is amended
21-17 by adding Subchapter J to read as follows:
21-18 SUBCHAPTER J. NONPROFIT PARTNERSHIPS
21-19 Sec. 11.201. DEFINITIONS. In this subchapter:
21-20 (1) "Nonprofit partner" means a nonpolitical legal
21-21 entity that:
21-22 (A) is incorporated under the laws of this
21-23 state;
21-24 (B) has been granted an exemption from federal
21-25 income tax under Section 501(c), Internal Revenue Code of 1986, as
21-26 amended;
21-27 (C) works with the department to further
22-1 department goals; and
22-2 (D) is selected as provided under Section
22-3 11.202.
22-4 (2) "Official nonprofit partner" means the nonprofit
22-5 partner designated by the commission under Section 11.205.
22-6 Sec. 11.202. GENERAL DUTIES. (a) The department may select
22-7 and cooperate with nonprofit partners to serve department goals.
22-8 (b) The department must obtain commission approval for each
22-9 nonprofit partner selected under Subsection (a).
22-10 (c) The commission by rule shall establish best practices
22-11 for nonprofit partners to comply with.
22-12 Sec. 11.203. ACCOUNTABILITY OF NONPROFIT PARTNERS;
22-13 INVESTMENT RESTRICTIONS. (a) The commission by rule shall require
22-14 a nonprofit partner to comply with specified state standards and
22-15 safeguards for accounting for state assets held by the nonprofit
22-16 partner.
22-17 (b) Chapter 2256, Government Code, applies to a nonprofit
22-18 partner to the extent that the partner controls state money.
22-19 Sec. 11.204. PLAN. The department shall provide to each
22-20 nonprofit partner a copy of the plan developed under Section
22-21 11.104.
22-22 Sec. 11.205. OFFICIAL NONPROFIT PARTNER. (a) The commission
22-23 shall designate a single nonprofit partner as the official
22-24 nonprofit partner of the department, unless the commission
22-25 determines in writing that no nonprofit partner is capable of
22-26 effectively implementing the goals of this section.
22-27 (b) The official nonprofit partner must be dedicated to
23-1 meeting department goals.
23-2 (c) The official nonprofit partner may accept gifts, grants,
23-3 and donations to further department goals, including a gift, grant,
23-4 or donation made in the name of the department.
23-5 (d) The official nonprofit partner may use state money to
23-6 acquire property or engage in construction activities only if that
23-7 acquisition or construction is consistent with the department's
23-8 conservation and recreation priorities outlined in the plan
23-9 developed under Section 11.104.
23-10 (e) The official nonprofit partner may organize and manage
23-11 accounts for local nonprofit partners or other organizations to
23-12 benefit a specific state park or other sites under the department's
23-13 jurisdiction.
23-14 (f) The commission by rule shall establish:
23-15 (1) guidelines under which the official nonprofit
23-16 partner may solicit and accept sponsorships from private entities;
23-17 and
23-18 (2) best practices under which the partner may engage
23-19 in activities under this section.
23-20 Sec. 11.206. AUDIT OF OFFICIAL NONPROFIT PARTNER. (a) The
23-21 official nonprofit partner shall be audited annually by an
23-22 independent auditor. The partner shall file the audit with the
23-23 commission.
23-24 (b) The official nonprofit partner's financial transactions
23-25 involving and financial records relating to state money held by the
23-26 nonprofit partner are subject to audit by the state auditor as
23-27 provided in Section 321.013, Government Code.
24-1 Sec. 11.207. EMPLOYEE BENEFITS. A nonprofit partner may
24-2 provide money to the department for the department to award, at the
24-3 department's discretion, to a department employee as a salary
24-4 supplement, bonus, award, or other benefit, including a
24-5 scholarship.
24-6 Sec. 11.208. EXPENDITURES; LIMITS. (a) The department shall
24-7 direct, by the terms of the contract or grant, how a nonprofit
24-8 partner may spend any state money it receives.
24-9 (b) A state employee may not directly spend or obligate a
24-10 nonprofit partner's money.
24-11 (c) A nonprofit partner may not spend state money to:
24-12 (1) lobby or otherwise attempt to influence a member
24-13 of the legislature; or
24-14 (2) directly or indirectly attempt to influence
24-15 legislation.
24-16 SECTION 27. Section 12.025, Parks and Wildlife Code, is
24-17 amended to read as follows:
24-18 Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The
24-19 department may provide technical guidance to landowners who request
24-20 information concerning fish, wildlife, nongame, and habitat
24-21 management.
24-22 (b) In setting priorities for the provision of money to a
24-23 landowner under this section, the department shall consider:
24-24 (1) the inventory developed under Section 11.103; and
24-25 (2) the priorities set under Section 11.105.
24-26 (c) The department shall support landowner education
24-27 programs and cooperate with appropriate state agencies.
25-1 (d) [(c)] The department shall provide notice of Section
25-2 12.0251 to a private landowner who requests technical assistance
25-3 before entering the property to collect and record information
25-4 about animal or plant life.
25-5 (e) [(d)] The commission by rule shall adopt policies,
25-6 including written guidelines for a method for providing notice
25-7 under Subsection (d) [(c)] and for departmental entry onto
25-8 privately owned land to collect information described by Section
25-9 12.0251(a). The policies and guidelines must identify the maximum
25-10 information that the department may maintain under Section 12.0251.
25-11 (f) [(e)] A review or update of a record or plan produced by
25-12 the department under Section 12.0251 and maintained by the
25-13 landowner or the landowner's agent may be requested by the
25-14 landowner or the department.
25-15 SECTION 28. Subsections (a), (b), and (c), Section 13.001,
25-16 Parks and Wildlife Code, are amended to read as follows:
25-17 (a) Except as otherwise provided by law, the following are
25-18 under the department's control and custody:
25-19 (1) all recreational and[,] natural[, and historical]
25-20 areas designated as state parks; and
25-21 (2) all historical sites acquired by [are under the
25-22 control and custody of] the department.
25-23 (b) The commission shall establish a classification system
25-24 for state parks and wildlife management areas that categorizes
25-25 wildlife management areas, parks, or a portion of parks as wildlife
25-26 management areas, recreational areas, natural areas, or historical
25-27 sites [areas]. The commission may not classify a historical site
26-1 as a historical park.
26-2 (c) The commission shall adopt rules governing the
26-3 acquisition and development of recreational areas, natural areas,
26-4 or historical sites [areas].
26-5 SECTION 29. Section 13.002, Parks and Wildlife Code, is
26-6 amended to read as follows:
26-7 Sec. 13.002. DEVELOPMENT AND ACQUISITION OF OUTDOOR AREAS
26-8 [COMPREHENSIVE STATE PLAN]. The department may:
26-9 (1) [prepare, maintain, and revise a statewide
26-10 comprehensive plan for the development of the outdoor recreation
26-11 resources of this state;]
26-12 [(2)] develop, operate, and maintain outdoor areas and
26-13 facilities of the state; and
26-14 (2) [(3)] acquire land, water, and interests in land
26-15 and water for outdoor recreation areas and facilities.
26-16 SECTION 30. Section 13.005, Parks and Wildlife Code, is
26-17 amended to read as follows:
26-18 Sec. 13.005. ACQUISITION OF HISTORICAL SITES [AREAS]. (a)
26-19 The department may acquire by purchase, gift, or other manner
26-20 historical sites [areas]:
26-21 (1) where events occurred that represent an important
26-22 aspect of the cultural, political, economic, military, or social
26-23 history of the nation or state;
26-24 (2) significantly associated with the lives of
26-25 outstanding historic persons or with an important event that
26-26 represents a great ideal or idea;
26-27 (3) embodying the distinguishing characteristics of an
27-1 architectural type which is inherently valuable for study of a
27-2 period, style, or method of construction;
27-3 (4) that contributes significantly to the
27-4 understanding of aboriginal man in the nation or state; or
27-5 (5) that is of significant geologic interest relating
27-6 to prehistoric animal or plant life.
27-7 (b) The department shall restore and maintain each
27-8 historical site [area] acquired under this section for the benefit
27-9 of the general public. The department may enter into interagency
27-10 contracts for this purpose.
27-11 (c) The department shall formulate plans [In formulating a
27-12 plan] for the preservation and development of [a] historical sites.
27-13 Before formulating a plan for a specific site, the department shall
27-14 conduct an archeological survey of the site. In formulating plans
27-15 [area], the department shall:
27-16 (1) consider the results from the archeological survey
27-17 for the site if the plan is for a specific site;
27-18 (2) consider the resources necessary to manage a site;
27-19 and
27-20 (3) meet with and [may] consider comments [on the
27-21 plan] made by the Texas Historical Commission.
27-22 (d) The department and the Texas Historical Commission shall
27-23 form a joint panel to establish criteria for determining whether a
27-24 site is of statewide significance under Subsection (a) and to
27-25 promote the continuity of a historic sites program.
27-26 SECTION 31. Subchapter A, Chapter 13, Parks and Wildlife
27-27 Code, is amended by adding Sections 13.0051, 13.0052, and 13.0053
28-1 to read as follows:
28-2 Sec. 13.0051. COORDINATION WITH TEXAS HISTORICAL COMMISSION;
28-3 REPORT ON PRESERVATION PLANS. The department shall meet regularly
28-4 with the Texas Historical Commission regarding plans to preserve
28-5 and develop historical sites in this state.
28-6 Sec. 13.0052. REPORTS. The department shall periodically
28-7 prepare reports on plans to preserve and develop historical sites
28-8 in this state.
28-9 Sec. 13.0053. REFERENCE TO HISTORICAL SITES. (a) In this
28-10 section, "publication" includes the publication of a book,
28-11 magazine, photograph, poster, or bulletin.
28-12 (b) The department may not refer to a historical site as a
28-13 "historical park":
28-14 (1) in a department publication; or
28-15 (2) on a department marker or sign.
28-16 SECTION 32. Section 13.010, Parks and Wildlife Code, is
28-17 amended to read as follows:
28-18 Sec. 13.010. HISTORIC SITES [LOCATIONS]. The department may
28-19 locate, designate, and suitably mark historic grounds,
28-20 battlefields, and other historic spots in Texas as historic sites.
28-21 Fitting markers may be erected; however, no expense may be incurred
28-22 in the name of the state for this project.
28-23 SECTION 33. Section 76.007, Parks and Wildlife Code, is
28-24 amended to read as follows:
28-25 Sec. 76.007. MAXIMUM ACREAGE UNDER LOCATION. (a) The
28-26 department may not issue a certificate of location for a location
28-27 that includes more than 100 acres of land covered by water.
29-1 (b) A [No] person may not own, lease, or control more than
29-2 300 [100] acres of land covered by water under certificates of
29-3 location. A person who does not own, lease, or control more than
29-4 300 acres of land may act as an agent for persons who, in the
29-5 aggregate, own, lease, or control more than 300 acres of land.
29-6 SECTION 34. Section 76.017, Parks and Wildlife Code, is
29-7 amended to read as follows:
29-8 Sec. 76.017. LOCATION RENTAL FEES. (a) The [No rental fee
29-9 is owed on any location when oysters are not sold or marketed from
29-10 the location for a period of five years after the date of the
29-11 establishment of the location.]
29-12 [(b) When oysters are sold or marketed from the location and
29-13 thereafter, the] holder of a [the] certificate of location shall
29-14 pay to the department $6 [$3] per acre of location per year to rent
29-15 the location under the certificate. In lieu of that payment, the
29-16 commission may set the required payment under this section in a
29-17 greater amount.
29-18 (b) [(c)] Rental fees are due annually by March 1.
29-19 (c) The holder of a certificate shall pay the department a
29-20 late penalty fee equal to 10 percent of the amount due for any
29-21 rental, transfer, sale, or renewal fee that is not paid when due.
29-22 (d) The failure to pay any rental, transfer, sale, renewal,
29-23 or late penalty fee within 90 days of the due date [when due]
29-24 terminates the lease.
29-25 SECTION 35. Subchapter A, Chapter 76, Parks and Wildlife
29-26 Code, is amended by adding Sections 76.018 and 76.019 to read as
29-27 follows:
30-1 Sec. 76.018. LOCATION RENTAL TERM; RENEWAL; AUCTION. (a)
30-2 The term of a rental lease for a location under this subchapter is
30-3 15 years.
30-4 (b) The commission shall determine renewal procedures to
30-5 follow at the end of each lease term. The procedures must include:
30-6 (1) a determination that the lease renewal will be
30-7 based on the need for depuration of polluted oysters and other
30-8 considerations specified in the oyster management plan;
30-9 (2) payment of a $200 fee due on renewal of the lease;
30-10 (3) a condition that the current leaseholder will be
30-11 offered a first right of refusal if the lease is renewed under this
30-12 chapter; and
30-13 (4) any other conditions for the lease renewal that do
30-14 not conflict with this chapter.
30-15 (c) The commission shall determine auction procedures for
30-16 the issuance of a lease that is not renewed by the previous
30-17 leaseholder under Subsection (b).
30-18 Sec. 76.019. PROCEDURES FOR SALE OR TRANSFER OF LOCATION
30-19 RENTAL. The commission shall determine procedures for reissuance of
30-20 a lease when the lease is sold or otherwise transferred. The
30-21 procedures must include:
30-22 (1) payment of a $200 fee due on the sale or transfer
30-23 of the lease unless the lease is inherited; and
30-24 (2) a provision that the sale or transfer does not
30-25 change the lease term.
30-26 SECTION 36. Section 76.036(a), Parks and Wildlife Code, is
30-27 amended to read as follows:
31-1 (a) The holder of a permit shall clearly and distinctly
31-2 mark[,] by buoys[, stakes, or fences,] the boundaries of the areas
31-3 designated in the permit from which he may take or in which he may
31-4 deposit oysters.
31-5 SECTION 37. Subchapter A, Chapter 77, Parks and Wildlife
31-6 Code, is amended by adding Section 77.005 to read as follows:
31-7 Sec. 77.005. STUDY AND REPORT ON SHRIMP INDUSTRY AND
31-8 RESOURCES. (a) Using the shrimp management plan required by
31-9 Section 77.007 and the research conducted under Section 77.004, the
31-10 department shall comprehensively study shrimp resources, including
31-11 the shrimp population, and the shrimp industry. The study shall
31-12 analyze:
31-13 (1) the status of the shrimp population in coastal
31-14 water, including the size and projected growth of shrimping beds;
31-15 (2) the economic health of the shrimp industry;
31-16 (3) the status of conservation measures, including
31-17 department regulations and license buybacks; and
31-18 (4) the status of marine resources and habitats
31-19 affected by shrimping.
31-20 (b) In conducting the study, the department shall solicit
31-21 and consider input from:
31-22 (1) the public;
31-23 (2) the shrimp industry;
31-24 (3) other businesses affected by the shrimp industry;
31-25 and
31-26 (4) other persons interested in marine resources.
31-27 (c) The department shall report on the status of the study
32-1 to:
32-2 (1) the commission;
32-3 (2) the presiding officer of each house of the
32-4 legislature; and
32-5 (3) the committees of each house of the legislature
32-6 that have primary oversight jurisdiction over the department.
32-7 (d) The department may repeat the study and report as
32-8 necessary to adequately regulate the shrimp industry and to
32-9 preserve shrimp resources.
32-10 (e) The commission shall base policies and rules relating to
32-11 shrimping on the results of the most recent study completed under
32-12 this section.
32-13 SECTION 38. Subdivision (4), Section 11.001, Parks and
32-14 Wildlife Code, is amended to read as follows:
32-15 (4) "Presiding officer" ["Chairman"] means the presiding
32-16 officer [chairman] of the Parks and Wildlife Commission.
32-17 SECTION 39. Section 11.0162, Parks and Wildlife Code, is
32-18 amended to read as follows:
32-19 Sec. 11.0162. ADVISORY COMMITTEES TO COMMISSION. (a) The
32-20 presiding officer [chairman] may appoint committees to advise the
32-21 commission on issues under its jurisdiction.
32-22 (b) The presiding officer [chairman] may adopt rules that
32-23 set the membership, terms of service, qualifications, operating
32-24 procedures, and other standards to ensure the effectiveness of an
32-25 advisory committee appointed under this section.
32-26 SECTION 40. Subsection (b), Section 21.013, Parks and
32-27 Wildlife Code, is amended to read as follows:
33-1 (b) The bonds shall be signed by the presiding officer
33-2 [chairman] and the director, and the seal of the department shall
33-3 be impressed on them.
33-4 SECTION 41. Section 21.014, Parks and Wildlife Code, is
33-5 amended to read as follows:
33-6 Sec. 21.014. FACSIMILE SIGNATURES AND SEALS. In the
33-7 resolution authorizing the issuance of an installment or series of
33-8 bonds, the commission may prescribe the extent to which facsimile
33-9 signatures and facsimile seals instead of manual signatures and
33-10 manually impressed seals may be used in executing the bonds and
33-11 appurtenant coupons. Interest coupons may be signed by the
33-12 facsimile signatures of the presiding officer [chairman] and the
33-13 director.
33-14 SECTION 42. Subsection (b), Section 22.055, Parks and
33-15 Wildlife Code, is amended to read as follows:
33-16 (b) The presiding officer [chairman of the commission], on
33-17 behalf of the department, may execute and deliver the necessary
33-18 instruments to convey the iron ore in place to the purchasers.
33-19 SECTION 43. Subsection (a), Section 81.206, Parks and
33-20 Wildlife Code, is amended to read as follows:
33-21 (a) Sanctuaries shall be set aside and designated by
33-22 proclamation of the commission signed by the presiding officer
33-23 [chairman].
33-24 SECTION 44. Section 76.016, Parks and Wildlife Code, is
33-25 repealed.
33-26 SECTION 45. (a) The Parks and Wildlife Department shall
33-27 study all outreach and education activities performed under Section
34-1 11.0181, Parks and Wildlife Code, to determine whether the
34-2 activities comply with Subsection (c), Section 11.0181, Parks and
34-3 Wildlife Code, as added by this Act.
34-4 (b) Not later than September 1, 2002, the Parks and Wildlife
34-5 Department shall report to the following entities on the study's
34-6 results:
34-7 (1) the Parks and Wildlife Commission;
34-8 (2) the House Appropriations Committee;
34-9 (3) the House State Recreational Resources Committee;
34-10 (4) the Senate Finance Committee; and
34-11 (5) the Senate Natural Resources Committee.
34-12 (c) Until the report is submitted under Subsection (b) of
34-13 this section, the Parks and Wildlife Commission shall limit
34-14 spending on outreach and education activities performed under
34-15 Section 11.0181, Parks and Wildlife Code, unless the Parks and
34-16 Wildlife Department can prove to the Parks and Wildlife Commission
34-17 that the spending is for an activity that:
34-18 (1) is effective; or
34-19 (2) is required by statute.
34-20 SECTION 46. (a) The Parks and Wildlife Department may not
34-21 acquire a new park, historical site, or wildlife site before:
34-22 (1) the Parks and Wildlife Department has completed
34-23 the inventory required by Section 11.103, Parks and Wildlife Code,
34-24 as added by this Act; and
34-25 (2) the Parks and Wildlife Commission has approved,
34-26 under Section 11.102, Parks and Wildlife Code, as added by this
34-27 Act, the plan prepared by the department under Section 11.104,
35-1 Parks and Wildlife Code, as added by this Act.
35-2 (b) This section does not apply to acquisitions, as
35-3 determined by the Parks and Wildlife Department, that:
35-4 (1) began before the effective date of this Act;
35-5 (2) are within or adjacent to existing Parks and
35-6 Wildlife Department land and increase public access to those
35-7 facilities; or
35-8 (3) are of statewide significance.
35-9 SECTION 47. (a) In this section, "publication" and "youth"
35-10 have the meanings assigned by Section 11.0172, Parks and Wildlife
35-11 Code, as added by this Act.
35-12 (b) To the extent a contract for a publication does not
35-13 expressly allow the Parks and Wildlife Department to terminate the
35-14 contract for a violation of a rule adopted under Section
35-15 11.0172(c), Parks and Wildlife Code, as added by this Act, retain
35-16 final approval over the content of the publication, including
35-17 advertising, or request and receive an appropriate number of copies
35-18 of the publication that contain advertising that is appropriate for
35-19 viewing by youth, not later than March 1, 2002, the department
35-20 shall negotiate a modification to or otherwise modify the contract
35-21 to contain provisions allowing for:
35-22 (1) termination of the contract for a violation of a
35-23 rule adopted under Section 11.0172(c), Parks and Wildlife Code, as
35-24 added by this Act;
35-25 (2) final approval over the content of the
35-26 publication, including advertising; and
35-27 (3) requesting and receiving an appropriate number of
36-1 copies of the publication that contain advertising that is
36-2 appropriate for viewing by youth.
36-3 SECTION 48. Not later than September 1, 2002, the Parks and
36-4 Wildlife Department shall complete the initial report required
36-5 under Subsection (c), Section 77.005, Parks and Wildlife Code, as
36-6 added by this Act.
36-7 SECTION 49. Not later than October 15, 2002, the Parks and
36-8 Wildlife Department shall prepare the plan required under Section
36-9 11.104, Parks and Wildlife Code, as added by this Act.
36-10 SECTION 50. The changes in law made by this Act in the
36-11 qualifications of, and the prohibitions applying to, the members of
36-12 the Parks and Wildlife Commission do not affect the entitlement of
36-13 a person serving as a member of the commission immediately before
36-14 September 1, 2001, to continue to carry out the functions of the
36-15 person's office for the remainder of the person's term. The
36-16 changes in law apply only to a person appointed on or after
36-17 September 1, 2001. This Act does not prohibit a person who is a
36-18 member of the Parks and Wildlife Commission immediately before
36-19 September 1, 2001, from being reappointed as a commission member if
36-20 the person has the qualifications required for the position under
36-21 Chapter 11, Parks and Wildlife Code, as amended by this Act.
36-22 SECTION 51. This Act takes effect September 1, 2001.