By Harris S.B. No. 305
77R1052 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Parks and
1-3 Wildlife Department.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 11.002, Parks and Wildlife Code, is
1-6 amended to read as follows:
1-7 Sec. 11.002. POLICY IMPLEMENTATION. The commission shall
1-8 develop and implement policies that clearly separate the
1-9 policymaking [respective] responsibilities of the commission and
1-10 the management responsibilities of the director and the department
1-11 staff.
1-12 SECTION 2. Section 11.0111, Parks and Wildlife Code, is
1-13 amended to read as follows:
1-14 Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife
1-15 Department is subject to Chapter 325, Government Code (Texas Sunset
1-16 Act). Unless continued in existence as provided by that chapter,
1-17 the department is abolished September 1, 2013 [2001].
1-18 SECTION 3. Section 11.012, Parks and Wildlife Code, is
1-19 amended by adding Subsection (d) to read as follows:
1-20 (d) In making appointments under this section, the governor
1-21 shall attempt to include persons with expertise in diverse
1-22 cultural, including historical, and recreational fields.
1-23 SECTION 4. Section 11.0121, Parks and Wildlife Code, is
1-24 amended to read as follows:
2-1 Sec. 11.0121. QUALIFICATIONS. A person may not be a [is not
2-2 eligible for appointment as a] public member of the commission if
2-3 the person or the person's spouse:
2-4 (1) is registered, certified, or licensed by a
2-5 regulatory agency in the fields of conservation, outdoor
2-6 recreation, or commercial fishing, unless the license is a
2-7 noncommercial hunting or fishing license;
2-8 (2) is employed by or participates in the management
2-9 of a business entity or other organization regulated by [the
2-10 department] or receiving money [funds] from the department;
2-11 (3) [(2)] owns or[,] controls, [or has,] directly or
2-12 indirectly, more than a 10 percent interest in a business entity or
2-13 other organization regulated by [the department] or receiving money
2-14 [funds] from the department; or
2-15 (4) [(3)] uses or receives a substantial amount of
2-16 tangible goods, services, or money [funds] from the department
2-17 other than compensation or reimbursement authorized by law for
2-18 commission membership, attendance, or expenses.
2-19 SECTION 5. Section 11.0122, Parks and Wildlife Code, is
2-20 amended to read as follows:
2-21 Sec. 11.0122. CONFLICT OF INTEREST. (a) In this section,
2-22 "Texas trade association" means a cooperative and voluntarily
2-23 joined association of business or professional competitors in this
2-24 state designed to assist its members and its industry or profession
2-25 in dealing with mutual business or professional problems and in
2-26 promoting their common interest.
2-27 (b) A person may not be a member of the commission and may
3-1 not be a department employee employed in a "bona fide executive,
3-2 administrative, or professional capacity," as that phrase is used
3-3 for purposes of establishing an exemption to the overtime
3-4 provisions of the federal Fair Labor Standards Act of 1938 (29
3-5 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
3-6 (1) the person is an officer, [An] employee, or paid
3-7 consultant of a Texas trade [statewide] association in the field of
3-8 conservation, [or] outdoor recreation, or commercial fishing; or
3-9 (2) the person's [may not be a commission member or
3-10 employee of the department, nor may a person who cohabits with or
3-11 is the] spouse is an officer, manager, [of a managerial employee]
3-12 or paid consultant of a Texas trade [statewide] association in the
3-13 field of conservation, [or] outdoor recreation, or commercial
3-14 fishing [be a member of the commission or an employee of the
3-15 department grade 17 or over, including exempt employees, according
3-16 to the position classification schedule under the General
3-17 Appropriations Act].
3-18 SECTION 6. Section 11.0123, Parks and Wildlife Code, is
3-19 amended to read as follows:
3-20 Sec. 11.0123. LOBBYIST PROHIBITION [MAY NOT SERVE ON
3-21 COMMISSION]. A person may not be a member of the commission or act
3-22 as the general counsel to the commission or the department if the
3-23 person [who] is required to register as a lobbyist under Chapter
3-24 305, Government Code, because [by virtue] of the person's [his]
3-25 activities for compensation [in or] on behalf of a profession
3-26 related to the operation of the department [commission, may not
3-27 serve as a member of the commission or act as the general counsel
4-1 to the commission].
4-2 SECTION 7. Section 11.0124, Parks and Wildlife Code, is
4-3 amended to read as follows:
4-4 Sec. 11.0124. DISCRIMINATION IN APPOINTMENTS PROHIBITED.
4-5 Appointments to the commission shall be made without regard to the
4-6 race, color, disability [handicap], sex, religion, age, or national
4-7 origin of the appointees.
4-8 SECTION 8. Section 11.0125, Parks and Wildlife Code, is
4-9 amended to read as follows:
4-10 Sec. 11.0125. REMOVAL OF A COMMISSION MEMBER. (a) It is a
4-11 ground for removal from the commission that [if a member]:
4-12 (1) a public member does not have at the time of
4-13 taking office [appointment] the qualifications required by Section
4-14 11.0121 [of this code for appointment to the commission];
4-15 (2) a public member does not maintain during [the]
4-16 service on the commission the qualifications required by Section
4-17 11.0121 [of this code for appointment to the commission];
4-18 (3) a member is ineligible for membership under
4-19 [violates a prohibition established by] Section 11.012(c), 11.0122,
4-20 or 11.0123 [of this code];
4-21 (4) a member cannot, because of illness or disability,
4-22 [is unable to] discharge the member's [his] duties for a
4-23 substantial part [portion] of the member's term [for which he was
4-24 appointed because of illness or disability]; or
4-25 (5) a member is absent from more than half [one-half]
4-26 of the regularly scheduled commission meetings that [which] the
4-27 member is eligible to attend during a [each] calendar year without
5-1 an excuse approved[, except when the absence is excused] by a
5-2 majority vote of the commission.
5-3 (b) The validity of an action of the commission is not
5-4 affected by the fact that it is [was] taken when a ground for
5-5 removal of a commission member exists [of the commission existed].
5-6 (c) If the director has knowledge that a potential ground
5-7 for removal exists, the director [he] shall notify the presiding
5-8 officer [chairman] of the commission of the potential [such]
5-9 ground. The presiding officer [chairman of the commission] shall
5-10 then notify the governor and the attorney general that a potential
5-11 ground for removal exists. If the potential ground for removal
5-12 involves the presiding officer, the director shall notify the next
5-13 highest ranking officer of the commission, who shall then notify
5-14 the governor and the attorney general that a potential ground for
5-15 removal exists.
5-16 SECTION 9. Subchapter B, Chapter 11, Parks and Wildlife
5-17 Code, is amended by adding Section 11.0126 to read as follows:
5-18 Sec. 11.0126. TRAINING PROGRAM FOR COMMISSION MEMBERS. (a)
5-19 A person who is appointed to and qualifies for office as a member
5-20 of the commission may not vote, deliberate, or be counted as a
5-21 member in attendance at a meeting of the commission until the
5-22 person completes a training program that complies with this
5-23 section.
5-24 (b) The training program must provide the person with
5-25 information regarding:
5-26 (1) the legislation that created the department and
5-27 the commission;
6-1 (2) the programs operated by the department;
6-2 (3) the role and functions of the department;
6-3 (4) the rules of the commission with an emphasis on
6-4 the rules that relate to disciplinary and investigatory authority;
6-5 (5) the current budget for the department;
6-6 (6) the results of the most recent formal audit of the
6-7 department;
6-8 (7) the requirements of:
6-9 (A) the open meetings law, Chapter 551,
6-10 Government Code;
6-11 (B) the public information law, Chapter 552,
6-12 Government Code;
6-13 (C) the administrative procedure law, Chapter
6-14 2001, Government Code; and
6-15 (D) other laws relating to public officials,
6-16 including conflict-of-interest laws; and
6-17 (8) any applicable ethics policies adopted by the
6-18 department or the Texas Ethics Commission.
6-19 (c) A person appointed to the commission is entitled to
6-20 reimbursement, as provided by the General Appropriations Act, for
6-21 the travel expenses incurred in attending the training program
6-22 regardless of whether the attendance at the program occurs before
6-23 or after the person qualifies for office.
6-24 SECTION 10. Subchapter B, Chapter 11, Parks and Wildlife
6-25 Code, is amended by adding Section 11.0127 to read as follows:
6-26 Sec. 11.0127. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
6-27 PROGRAM. The director or the director's designee shall provide to
7-1 agency employees information and training on the benefits and
7-2 methods of participation in the state employee incentive program
7-3 under Subchapter B, Chapter 2108, Government Code.
7-4 SECTION 11. Section 11.014, Parks and Wildlife Code, is
7-5 amended to read as follows:
7-6 Sec. 11.014. PRESIDING OFFICER; ASSISTANT PRESIDING OFFICER
7-7 [CHAIRMAN, VICE-CHAIRMAN]. (a) The governor shall designate a
7-8 member [biennially one of the nine members as chairman] of the
7-9 commission as the presiding officer of the commission to serve in
7-10 that capacity at the pleasure of the governor [for a term of two
7-11 years expiring on January 31 of the succeeding odd-numbered year].
7-12 (b) The commission shall elect biennially an assistant
7-13 presiding officer [a vice-chairman] from among its members for a
7-14 term of two years expiring on January 31 of the succeeding
7-15 odd-numbered year.
7-16 (c) A vacancy in the office of presiding officer is filled
7-17 in the same manner as the original designation, and a vacancy in
7-18 the office of assistant presiding officer [chairman or
7-19 vice-chairman] is filled for the unexpired portion of the term in
7-20 the same manner as the original [appointment or] election.
7-21 SECTION 12. Section 11.0151, Parks and Wildlife Code, is
7-22 amended to read as follows:
7-23 Sec. 11.0151. PUBLIC HEARINGS. (a) In this section, "major
7-24 decision" means a decision in which a vote is taken on:
7-25 (1) a rule;
7-26 (2) a proclamation;
7-27 (3) a contract;
8-1 (4) a budget;
8-2 (5) a grant;
8-3 (6) a development plan for a geographical area managed
8-4 by the department;
8-5 (7) a memorandum of understanding with another
8-6 governmental entity; or
8-7 (8) any other issue as determined by the commission.
8-8 (b) The commission shall develop and implement policies that
8-9 will provide the public with a reasonable opportunity to appear
8-10 before the commission and to speak on any issue under the
8-11 jurisdiction of the commission.
8-12 (c) The commission, or any committee of the commission with
8-13 at least five commission members serving on the committee, shall
8-14 provide an opportunity for public testimony in an open meeting
8-15 before making a major decision.
8-16 SECTION 13. Section 11.0161, Parks and Wildlife Code, is
8-17 amended to read as follows:
8-18 Sec. 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES;
8-19 COMPLAINTS. (a) The commission shall prepare information of
8-20 public interest describing the functions of the commission and
8-21 describing the commission's procedures by which complaints are
8-22 filed with and resolved by the commission. The commission shall
8-23 make the information available to the general public and
8-24 appropriate state agencies.
8-25 (b) The department shall maintain a file on each written
8-26 complaint filed with the department that the department has the
8-27 authority to resolve. The file must include:
9-1 (1) the name of the person who filed the complaint;
9-2 (2) the date the complaint is received by the
9-3 department;
9-4 (3) the subject matter of the complaint;
9-5 (4) the name of each person contacted in relation to
9-6 the complaint;
9-7 (5) a summary of the results of the review or
9-8 investigation of the complaint; and
9-9 (6) an explanation of the reason the file was closed,
9-10 if the department closed the file without taking action other than
9-11 to investigate the complaint.
9-12 (c) The department shall provide to the person filing the
9-13 complaint and to each person who is a subject of the complaint a
9-14 copy of the department's policies and procedures relating to
9-15 complaint investigation and resolution.
9-16 (d) The department, at least quarterly until final
9-17 disposition of the complaint, shall notify the person filing the
9-18 complaint and each person who is a subject of the complaint of the
9-19 status of the investigation unless the notice would jeopardize an
9-20 undercover investigation.
9-21 (e) The commission may adopt rules to define the types of
9-22 complaints to which this section applies.
9-23 SECTION 14. Subchapter B, Chapter 11, Parks and Wildlife
9-24 Code, is amended by adding Section 11.0172 to read as follows:
9-25 Sec. 11.0172. LIMIT ON CONTRACTS FOR PUBLICATIONS. (a) In
9-26 this section, "publication" includes the publication of a book,
9-27 magazine, photograph, poster, or bulletin.
10-1 (b) The department may not contract with a person regarding
10-2 a publication unless the contract contains a provision that allows
10-3 the department to terminate the contract.
10-4 (c) To the extent a contract for a publication does not
10-5 expressly allow the department to terminate the contract, the
10-6 department shall:
10-7 (1) negotiate a change to the contract to allow the
10-8 department to terminate the contract; or
10-9 (2) pursue all appropriate legal remedies to:
10-10 (A) modify the contract to contain a provision
10-11 allowing for termination; or
10-12 (B) terminate the contract.
10-13 SECTION 15. Subchapter B, Chapter 11, Parks and Wildlife
10-14 Code, is amended by adding Section 11.0182 to read as follows:
10-15 Sec. 11.0182. EMPLOYEE FUND-RAISING. (a) The commission by
10-16 rule shall adopt policies to govern fund-raising activities by
10-17 department employees on behalf of the department. The rules must:
10-18 (1) designate the types of employees who may solicit
10-19 donations;
10-20 (2) restrict where and how fund-raising may occur; and
10-21 (3) establish requirements for reports by employees to
10-22 the director.
10-23 (b) The director shall approve and manage fund-raising
10-24 activities by department employees on behalf of the department in
10-25 accordance with commission rules.
10-26 SECTION 16. Section 11.021, Parks and Wildlife Code, is
10-27 amended to read as follows:
11-1 Sec. 11.021. INFORMATION CONCERNING QUALIFICATIONS AND
11-2 RESPONSIBILITIES. The director or the director's [his] designee
11-3 shall provide to commission members and department employees, as
11-4 often as [is] necessary, information regarding the requirements for
11-5 office or employment [their qualifications] under this chapter,
11-6 including information regarding a person's [code and their]
11-7 responsibilities under applicable laws relating to standards of
11-8 conduct for state officers or employees.
11-9 SECTION 17. Section 11.022, Parks and Wildlife Code, is
11-10 amended to read as follows:
11-11 Sec. 11.022. EQUAL OPPORTUNITY EMPLOYMENT. (a) The
11-12 director or the director's [his] designee shall prepare and
11-13 maintain a written policy statement that implements [to assure
11-14 implementation of] a program of equal employment opportunity to
11-15 ensure that [whereby] all personnel decisions [transactions] are
11-16 made without regard to race, color, disability [handicap], sex,
11-17 religion, age, or national origin.
11-18 (b) The policy statement must [shall] include:
11-19 (1) personnel policies, including policies relating to
11-20 recruitment, evaluation, selection, [appointment,] training, and
11-21 promotion of personnel, that show the intent of the department to
11-22 avoid the unlawful employment practices described by Chapter 21,
11-23 Labor Code; and
11-24 (2) an analysis of the extent to which the composition
11-25 of the department's personnel is in accordance with state and
11-26 federal law and a description of reasonable methods to achieve
11-27 compliance with state and federal law[;]
12-1 [(2) a comprehensive analysis of the department's work
12-2 force that meets federal or state guidelines;]
12-3 [(3) procedures by which a determination can be made
12-4 of significant underutilization in the department work force of all
12-5 persons of which federal or state guidelines encourage a more
12-6 equitable balance; and]
12-7 [(4) reasonable methods to appropriately address areas
12-8 of significant underutilization in the department work force of all
12-9 persons of which federal or state guidelines encourage a more
12-10 equitable balance].
12-11 (c) [(b)] The policy statement must [statements shall] be:
12-12 (1) updated annually;
12-13 (2) reviewed by the state Commission on Human Rights
12-14 for compliance with Subsection (b); and
12-15 (3) filed with the governor's office [not later than
12-16 November 1 of each year, cover an annual period, and be updated at
12-17 least annually. The governor's office shall develop a biennial
12-18 report to the legislature based on the information submitted. The
12-19 report may be made separately or as a part of other biennial
12-20 reports made to the legislature].
12-21 SECTION 18. Subchapter B, Chapter 11, Parks and Wildlife
12-22 Code, is amended by adding Section 11.0255 to read as follows:
12-23 Sec. 11.0255. EVALUATION OF CONSTRUCTION PROJECTS. (a) The
12-24 department shall calculate the costs of each department
12-25 construction project as the project is completed.
12-26 (b) In calculating the costs under Subsection (a), the
12-27 department:
13-1 (1) shall consider both direct and indirect costs of
13-2 department employees who perform project tasks; and
13-3 (2) may use the cost accounting procedures and
13-4 instructions developed by the State Council on Competitive
13-5 Government under Section 2162.102, Government Code.
13-6 (c) On request, the State Council on Competitive Government
13-7 shall provide technical assistance to the department, including
13-8 assistance with the application of the council's cost accounting
13-9 procedures and instructions.
13-10 (d) Using the costs calculated under this section for
13-11 completed projects, the department shall evaluate the costs and
13-12 benefits of contracting with private entities or individuals to
13-13 manage proposed construction-related tasks or projects.
13-14 SECTION 19. Section 11.026, Parks and Wildlife Code, is
13-15 amended to read as follows:
13-16 Sec. 11.026. GIFTS OF PROPERTY OR MONEY. (a) Except as
13-17 provided by Subsection (b), the [The] department may accept gifts
13-18 of property or money in support of any department purpose
13-19 authorized in this code.
13-20 (b) The department may not accept a gift or other donation
13-21 from a business regulated by the department.
13-22 SECTION 20. Section 11.0261, Parks and Wildlife Code, is
13-23 amended to read as follows:
13-24 Sec. 11.0261. PROHIBITION AGAINST ACCEPTANCE OF GIFTS,
13-25 GRATUITIES, AND OTHER THINGS OF VALUE; EXCEPTION. (a) Except as
13-26 provided by Subsection (b), a [A] person who is a member of the
13-27 commission or an employee of the department may not accept a gift,
14-1 gratuity, or other thing of value, including travel, from a person
14-2 who:
14-3 (1) is employed by or participates in the management
14-4 of a business entity or other organization that receives funds from
14-5 the department;
14-6 (2) owns or controls, directly or indirectly, more
14-7 than a 10 percent interest in a business entity or other
14-8 organization that receives funds from the department;
14-9 (3) is a person a significant portion of whose
14-10 business consists of furnishing goods or services to an entity or
14-11 organization described by Subdivision (1) or (2); or
14-12 (4) is an agent, representative, attorney, employee,
14-13 officer, owner, director, or partner of an entity, organization, or
14-14 person described by Subdivision (1), (2), or (3).
14-15 (b) A department employee may accept reimbursement for
14-16 travel expenses from the nonprofit partner selected by the
14-17 department under Section 11.205 if:
14-18 (1) the employee has sufficiently documented the
14-19 expense; and
14-20 (2) the expense arose out of the performance of an
14-21 activity related to an employee's official duties regarding the
14-22 partner.
14-23 SECTION 21. Subchapter B, Chapter 11, Parks and Wildlife
14-24 Code, is amended by adding Section 11.0275 to read as follows:
14-25 Sec. 11.0275. PROHIBITION ON ALCOHOL AND TOBACCO ADVERTISING
14-26 AND PARTICIPATION. (a) In this section, "publication" includes
14-27 the publication of a book, magazine, photograph, poster, bulletin,
15-1 or fishing or hunting regulation guide.
15-2 (b) The department may not accept an advertisement from an
15-3 entity that engages in the sale of tobacco or alcoholic beverages
15-4 for placement in a publication sponsored or published by the
15-5 department.
15-6 (c) The department may not accept a sponsorship or promotion
15-7 of an event sponsored or conducted by the department from an entity
15-8 that engages in the sale of tobacco or alcoholic beverages.
15-9 SECTION 22. Chapter 11, Parks and Wildlife Code, is amended
15-10 by adding Subchapter H to read as follows:
15-11 SUBCHAPTER H. COMPREHENSIVE STATEWIDE OPERATIONAL PLAN
15-12 Sec. 11.101. DEFINITION. In this subchapter, "conservation"
15-13 includes the conservation of historical, natural, recreational, and
15-14 wildlife resources.
15-15 Sec. 11.102. PLAN APPROVAL; HEARING REQUIRED. (a) The
15-16 department must obtain approval from the commission for each
15-17 development plan required by statute for a geographical area
15-18 managed by the department.
15-19 (b) The commission shall hold a hearing on approval of the
15-20 plan.
15-21 Sec. 11.103. INVENTORY OF HISTORICAL, NATURAL, RECREATIONAL,
15-22 AND WILDLIFE RESOURCES. (a) The department shall inventory all
15-23 historical, natural, recreational, and wildlife resources in this
15-24 state that:
15-25 (1) are owned by governmental entities or
15-26 nongovernmental organizations; and
15-27 (2) offer access to the public.
16-1 (b) The department shall create a permanent database
16-2 including resources inventoried under Subsection (a) and shall
16-3 update the database as necessary to reflect changes in the
16-4 resources.
16-5 Sec. 11.104. COMPREHENSIVE STATEWIDE OPERATIONAL PLAN FOR
16-6 CONSERVATION. (a) Using the inventory prepared under Section
16-7 11.103, the department shall:
16-8 (1) analyze the state's existing and future
16-9 conservation needs;
16-10 (2) identify threatened historical, natural,
16-11 recreational, and wildlife resources in this state;
16-12 (3) establish the relative importance of particular
16-13 resources located in the state; and
16-14 (4) evaluate any existing plans regarding parks and
16-15 wildlife management areas.
16-16 (b) Based on the analysis made under Subsection (a), the
16-17 department shall prepare a comprehensive statewide operational
16-18 plan. The plan must include criteria for determining how to meet
16-19 the state's conservation needs. The department shall revise the
16-20 plan as necessary to reflect changes in the inventory developed
16-21 under Section 11.103.
16-22 (c) The department shall operate under, and shall base its
16-23 decisions regarding the state's conservation needs on, the criteria
16-24 developed in the plan, including decisions relating to:
16-25 (1) the acquisition of new resources;
16-26 (2) the divestiture of existing resources;
16-27 (3) grants to local parks;
17-1 (4) cooperation with private conservation
17-2 organizations and landowners; and
17-3 (5) other major operations of the department.
17-4 Sec. 11.105. COORDINATION OF CONSERVATION OPERATIONS. The
17-5 department shall:
17-6 (1) consider all historical, natural, recreational,
17-7 and wildlife resources in conjunction with each other;
17-8 (2) coordinate department activities related to those
17-9 resources internally and with similar activities of other
17-10 governmental or private entities; and
17-11 (3) set priorities for department activities related
17-12 to those resources according to the most vital existing and future
17-13 needs for conservation.
17-14 SECTION 23. Chapter 11, Parks and Wildlife Code, is amended
17-15 by adding Subchapter I to read as follows:
17-16 SUBCHAPTER I. STATEWIDE COMMERCIAL PROJECTS
17-17 Sec. 11.151. DEFINITION. In this subchapter, "statewide
17-18 commercial project" means a commercial venture undertaken by the
17-19 department throughout the state, including promotions, sales, or
17-20 other activities to raise money for the department. The term does
17-21 not include a promotion or sale undertaken solely at one site.
17-22 Sec. 11.152. BUSINESS PLANS. Each business plan developed
17-23 under this subchapter must include:
17-24 (1) a description of the product or service provided;
17-25 (2) an analysis of the information necessary for
17-26 persons to make decisions on the project;
17-27 (3) an analysis of the personnel necessary to manage
18-1 and implement the project;
18-2 (4) financial data, including both past performance
18-3 and a budget and goals for future performance; and
18-4 (5) a list of the resources necessary for a successful
18-5 project.
18-6 Sec. 11.153. DEPARTMENT PLAN: OPERATIONAL STRATEGIES. (a)
18-7 The department shall develop an agencywide business plan to guide
18-8 its overall operational strategies for statewide commercial
18-9 projects. The plan must:
18-10 (1) use the plans prepared under Section 11.154 for
18-11 each project;
18-12 (2) evaluate the efficiency of existing projects;
18-13 (3) consider or propose changes to any project
18-14 necessary to meet the department's overall goals;
18-15 (4) compare each project's services and products to
18-16 similar services and products available from the private sector;
18-17 (5) seek to increase savings and improve customer
18-18 service on each project;
18-19 (6) coordinate existing projects to avoid duplication
18-20 and focus resources on the most efficient and effective projects;
18-21 and
18-22 (7) assess the potential for contracting with a
18-23 private entity or individual to perform department functions
18-24 relating to specific projects.
18-25 (b) The department shall use the services of the State
18-26 Council on Competitive Government, where appropriate, in fulfilling
18-27 the department's duties under Subsection (a)(7).
19-1 Sec. 11.154. INDIVIDUAL PROJECT PLANS. (a) The department
19-2 shall develop a business plan for each statewide commercial
19-3 project. The plan must contain:
19-4 (1) an accurate accounting for all project costs,
19-5 including personnel and overhead costs; and
19-6 (2) reasonable projections of project income.
19-7 (b) The director shall review the plan for each project at
19-8 least annually to assess the overall performance and value of the
19-9 project.
19-10 (c) The department may modify a plan as necessary to meet
19-11 changing conditions.
19-12 Sec. 11.155. ADJUSTMENT OR TERMINATION OF PROJECT FOR
19-13 FAILURE TO MEET FINANCIAL OBJECTIVES. (a) Except as provided by
19-14 Subsection (b), the department shall adjust or terminate a
19-15 statewide commercial project that fails to meet the financial
19-16 objectives stated in the project's plan.
19-17 (b) This section does not apply if the department determines
19-18 that the project possesses a positive public relations value or
19-19 fulfills a useful educational purpose.
19-20 Sec. 11.156. CONTRACT WITH PRIVATE SECTOR. The department
19-21 shall consider contracting out all or part of a statewide
19-22 commercial project to a private entity or individual, including a
19-23 nonprofit entity or individual.
19-24 SECTION 24. Chapter 11, Parks and Wildlife Code, is amended
19-25 by adding Subchapter J to read as follows:
19-26 SUBCHAPTER J. NONPROFIT PARTNERSHIPS
19-27 Sec. 11.201. DEFINITIONS. In this subchapter:
20-1 (1) "Nonprofit partner" means a nonpolitical legal
20-2 entity that:
20-3 (A) is incorporated under the laws of this
20-4 state;
20-5 (B) has been granted an exemption from federal
20-6 income tax under Section 501(c), Internal Revenue Code of 1986, as
20-7 amended; and
20-8 (C) works with the department to further
20-9 department goals.
20-10 (2) "Official nonprofit partner" means the nonprofit
20-11 partner designated by the commission under Section 11.205.
20-12 Sec. 11.202. GENERAL DUTIES. (a) The department may select
20-13 and cooperate with nonprofit partners to serve department goals.
20-14 (b) The commission by rule shall establish best practices
20-15 for nonprofit partners to comply with.
20-16 Sec. 11.203. ACCOUNTABILITY OF NONPROFIT PARTNERS;
20-17 INVESTMENT RESTRICTIONS. (a) The commission by rule shall require
20-18 a nonprofit partner to comply with specified state standards and
20-19 safeguards for accounting for state assets held by the nonprofit
20-20 partner.
20-21 (b) Chapter 2256, Government Code, applies to a nonprofit
20-22 partner to the extent that the partner controls state money.
20-23 Sec. 11.204. PLAN. The department shall provide to each
20-24 nonprofit partner a copy of the comprehensive statewide operational
20-25 plan developed under Section 11.104.
20-26 Sec. 11.205. OFFICIAL NONPROFIT PARTNER. (a) The
20-27 commission shall designate a single nonprofit partner as the
21-1 official nonprofit partner of the department.
21-2 (b) The official nonprofit partner must be dedicated to
21-3 meeting department goals.
21-4 (c) The official nonprofit partner may accept gifts, grants,
21-5 and donations in the name of the department to further department
21-6 goals.
21-7 (d) The official nonprofit partner may use state money to
21-8 acquire property or engage in construction activities only if that
21-9 acquisition or construction is consistent with the department's
21-10 conservation and recreation priorities outlined in the statewide
21-11 operational plan developed under Section 11.104.
21-12 (e) The official nonprofit partner may organize and manage
21-13 accounts for local nonprofit partners or other organizations to
21-14 benefit specific state park or other sites under the department's
21-15 jurisdiction.
21-16 (f) The commission by rule shall establish:
21-17 (1) guidelines under which the official nonprofit
21-18 partner may solicit and accept sponsorships from private entities;
21-19 and
21-20 (2) best practices under which the partner may engage
21-21 in activities under this section.
21-22 Sec. 11.206. AUDIT OF OFFICIAL NONPROFIT PARTNER. (a) The
21-23 official nonprofit partner shall be audited annually by an
21-24 independent auditor. The partner shall file the audit with the
21-25 commission.
21-26 (b) The official nonprofit partner's financial transactions
21-27 involving and financial records relating to state money held by the
22-1 foundation are subject to audit by the state auditor as provided in
22-2 Section 321.013, Government Code.
22-3 Sec. 11.207. EMPLOYEE BENEFITS. A nonprofit partner may
22-4 provide money to the department for the department to award, at the
22-5 department's discretion, to a department employee as a salary
22-6 supplement, bonus, award, or other benefit, including a
22-7 scholarship.
22-8 Sec. 11.208. EXPENDITURES; LIMITS. (a) The department
22-9 shall direct, by the terms of the contract or grant, how the
22-10 nonprofit partner may spend any state money it receives.
22-11 (b) A state employee may not directly spend or obligate a
22-12 nonprofit partner's money.
22-13 (c) A nonprofit partner may not spend state money to:
22-14 (1) lobby or otherwise attempt to influence a member
22-15 of the legislature; or
22-16 (2) directly or indirectly attempt to influence
22-17 legislation.
22-18 SECTION 25. Section 12.025, Parks and Wildlife Code, is
22-19 amended to read as follows:
22-20 Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The
22-21 department may provide technical guidance to landowners who request
22-22 information concerning fish, wildlife, nongame, and habitat
22-23 management. The department shall base a decision to provide
22-24 guidance or money to a landowner on:
22-25 (1) the plan developed under Subsection (b); and
22-26 (2) natural, ecological boundaries rather than
22-27 strictly defined property boundaries.
23-1 (b) The department shall study, identify, and develop a plan
23-2 for each ecological area in which the state has critical
23-3 conservation needs. In developing the plan, the department shall
23-4 consider information contained in the statewide inventory developed
23-5 under Section 11.103. The department shall use the plan to set
23-6 priorities for requests for technical guidance made under this
23-7 section.
23-8 (c) [(b)] The department shall support landowner education
23-9 programs and cooperate with appropriate state agencies.
23-10 (d) [(c)] The department shall provide notice of Section
23-11 12.0251 to a private landowner who requests technical assistance
23-12 before entering the property to collect and record information
23-13 about animal or plant life.
23-14 (e) [(d)] The commission by rule shall adopt policies,
23-15 including written guidelines for a method for providing notice
23-16 under Subsection (d) [(c)] and for departmental entry onto
23-17 privately owned land to collect information described by Section
23-18 12.0251(a). The policies and guidelines must identify the maximum
23-19 information that the department may maintain under Section 12.0251.
23-20 (f) [(e)] A review or update of a record or plan produced by
23-21 the department under Section 12.0251 and maintained by the
23-22 landowner or the landowner's agent may be requested by the
23-23 landowner or the department.
23-24 SECTION 26. Sections 13.001(a), (b), and (c), Parks and
23-25 Wildlife Code, are amended to read as follows:
23-26 (a) Except as otherwise provided by law, the following are
23-27 under the department's control and custody:
24-1 (1) all recreational and[,] natural[, and historical]
24-2 areas designated as state parks; and
24-3 (2) all historical sites acquired by the department
24-4 [are under the control and custody of the department].
24-5 (b) The commission shall establish a classification system
24-6 for state parks and wildlife management areas that categorizes
24-7 wildlife management areas, parks, or a portion of parks as wildlife
24-8 management areas, recreational areas, natural areas, or historical
24-9 sites [areas]. The commission may not classify a historical site
24-10 as a historical park.
24-11 (c) The commission shall adopt rules governing the
24-12 acquisition and development of recreational areas, natural areas,
24-13 or historical sites [areas].
24-14 SECTION 27. Section 13.002, Parks and Wildlife Code, is
24-15 amended to read as follows:
24-16 Sec. 13.002. DEVELOPMENT AND ACQUISITION OF OUTDOOR AREAS
24-17 [COMPREHENSIVE STATE PLAN]. The department may:
24-18 (1) [prepare, maintain, and revise a statewide
24-19 comprehensive plan for the development of the outdoor recreation
24-20 resources of this state;]
24-21 [(2)] develop, operate, and maintain outdoor areas and
24-22 facilities of the state; and
24-23 (2) [(3)] acquire land, water, and interests in land
24-24 and water for outdoor recreation areas and facilities.
24-25 SECTION 28. Section 13.005, Parks and Wildlife Code, is
24-26 amended to read as follows:
24-27 Sec. 13.005. ACQUISITION OF HISTORICAL SITES [AREAS]. (a)
25-1 The department may acquire by purchase, gift, or other manner
25-2 historical sites [areas]:
25-3 (1) where events occurred that represent an important
25-4 aspect of the cultural, political, economic, military, or social
25-5 history of the nation or state;
25-6 (2) significantly associated with the lives of
25-7 outstanding historic persons or with an important event that
25-8 represents a great ideal or idea;
25-9 (3) embodying the distinguishing characteristics of an
25-10 architectural type which is inherently valuable for study of a
25-11 period, style, or method of construction;
25-12 (4) that contributes significantly to the
25-13 understanding of aboriginal man in the nation or state; or
25-14 (5) that is of significant geologic interest relating
25-15 to prehistoric animal or plant life.
25-16 (b) The department shall restore and maintain each
25-17 historical site [area] acquired under this section for the benefit
25-18 of the general public. The department may enter into interagency
25-19 contracts for this purpose.
25-20 (c) The department shall formulate plans [In formulating a
25-21 plan] for the preservation and development of [a] historical sites
25-22 [area]. Before formulating a plan for a specific site, the
25-23 department shall conduct an archeological survey of the site. In
25-24 formulating plans, the department shall:
25-25 (1) consider the results from the archeological survey
25-26 for the site if the plan is for a specific site;
25-27 (2) consider the resources necessary to manage a site;
26-1 and
26-2 (3) meet with and [may] consider comments [on the
26-3 plan] made by the Texas Historical Commission.
26-4 (d) The department and the Texas Historical Commission shall
26-5 form a joint panel to establish criteria for determining whether a
26-6 site is of statewide significance under Subsection (a) and to
26-7 promote the continuity of a historic sites program.
26-8 SECTION 29. Subchapter A, Chapter 13, Parks and Wildlife
26-9 Code, is amended by adding Sections 13.0051, 13.0052, and 13.0053
26-10 to read as follows:
26-11 Sec. 13.0051. COORDINATION WITH TEXAS HISTORICAL COMMISSION;
26-12 REPORT ON PRESERVATION PLANS. The department shall meet regularly
26-13 with the Texas Historical Commission regarding plans to preserve
26-14 and develop historical sites in this state.
26-15 Sec. 13.0052. REPORTS. The department shall periodically
26-16 prepare reports on plans to preserve and develop historical sites
26-17 in this state.
26-18 Sec. 13.0053. REFERENCE TO HISTORICAL SITES. (a) In this
26-19 section, "publication" includes the publication of a book,
26-20 magazine, photograph, poster, or bulletin.
26-21 (b) The department may not refer to a historical site as a
26-22 "historical park":
26-23 (1) in a department publication; or
26-24 (2) on a department marker or sign.
26-25 SECTION 30. Section 13.010, Parks and Wildlife Code, is
26-26 amended to read as follows:
26-27 Sec. 13.010. HISTORIC SITES [LOCATIONS]. The department may
27-1 locate, designate, and suitably mark historic grounds,
27-2 battlefields, and other historic spots in Texas as historic sites.
27-3 Fitting markers may be erected; however, no expense may be incurred
27-4 in the name of the state for this project.
27-5 SECTION 31. Subchapter A, Chapter 77, Parks and Wildlife
27-6 Code, is amended by adding Section 77.005 to read as follows:
27-7 Sec. 77.005. STUDY AND REPORT ON SHRIMP INDUSTRY AND
27-8 RESOURCES. (a) Using the shrimp management plan required by
27-9 Section 77.007 and the research conducted under Section 77.004, the
27-10 department shall comprehensively study shrimp resources, including
27-11 the shrimp population, and the shrimp industry. The study shall
27-12 analyze:
27-13 (1) the status of the shrimp population in coastal
27-14 water, including the size and projected growth of shrimping beds;
27-15 (2) the economic health of the shrimp industry;
27-16 (3) the status of conservation measures, including
27-17 department regulations and license buybacks; and
27-18 (4) the status of marine resources and habitats
27-19 affected by shrimping.
27-20 (b) In conducting the study, the department shall solicit
27-21 and consider input from:
27-22 (1) the public;
27-23 (2) the shrimp industry;
27-24 (3) other businesses affected by the shrimp industry;
27-25 and
27-26 (4) other persons interested in marine resources.
27-27 (c) The department shall report on the status of the study
28-1 to:
28-2 (1) the commission;
28-3 (2) the presiding officer of each house of the
28-4 legislature; and
28-5 (3) the committees of each house of the legislature
28-6 that have primary oversight jurisdiction over the department.
28-7 (d) The department may repeat the study and report as
28-8 necessary to adequately regulate the shrimp industry and to
28-9 preserve shrimp resources.
28-10 (e) The commission shall base policies and rules relating to
28-11 shrimping on the results of the most recent study completed under
28-12 this section.
28-13 SECTION 32. Section 11.001(4), Parks and Wildlife Code, is
28-14 amended to read as follows:
28-15 (4) "Presiding officer" ["Chairman"] means the
28-16 presiding officer [chairman] of the Parks and Wildlife Commission.
28-17 SECTION 33. Section 11.0162, Parks and Wildlife Code, is
28-18 amended to read as follows:
28-19 Sec. 11.0162. ADVISORY COMMITTEES TO COMMISSION. (a) The
28-20 presiding officer [chairman] may appoint committees to advise the
28-21 commission on issues under its jurisdiction.
28-22 (b) The presiding officer [chairman] may adopt rules that
28-23 set the membership, terms of service, qualifications, operating
28-24 procedures, and other standards to ensure the effectiveness of an
28-25 advisory committee appointed under this section.
28-26 SECTION 34. Section 21.013(b), Parks and Wildlife Code, is
28-27 amended to read as follows:
29-1 (b) The bonds shall be signed by the presiding officer
29-2 [chairman] and the director, and the seal of the department shall
29-3 be impressed on them.
29-4 SECTION 35. Section 21.014, Parks and Wildlife Code, is
29-5 amended to read as follows:
29-6 Sec. 21.014. FACSIMILE SIGNATURES AND SEALS. In the
29-7 resolution authorizing the issuance of an installment or series of
29-8 bonds, the commission may prescribe the extent to which facsimile
29-9 signatures and facsimile seals instead of manual signatures and
29-10 manually impressed seals may be used in executing the bonds and
29-11 appurtenant coupons. Interest coupons may be signed by the
29-12 facsimile signatures of the presiding officer [chairman] and the
29-13 director.
29-14 SECTION 36. Section 22.055(b), Parks and Wildlife Code, is
29-15 amended to read as follows:
29-16 (b) The presiding officer [chairman of the commission], on
29-17 behalf of the department, may execute and deliver the necessary
29-18 instruments to convey the iron ore in place to the purchasers.
29-19 SECTION 37. Section 81.206(a), Parks and Wildlife Code, is
29-20 amended to read as follows:
29-21 (a) Sanctuaries shall be set aside and designated by
29-22 proclamation of the commission signed by the presiding officer
29-23 [chairman].
29-24 SECTION 38. (a) The Parks and Wildlife Department shall
29-25 study all outreach and education activities performed under Section
29-26 11.0181, Parks and Wildlife Code, to determine whether the
29-27 activities:
30-1 (1) are consistent with the Parks and Wildlife
30-2 Department's mission;
30-3 (2) duplicate other efforts by the department or other
30-4 entities;
30-5 (3) provide a cost-effective method for reaching
30-6 participants; and
30-7 (4) can be effectively measured.
30-8 (b) Not later than September 1, 2002, the Parks and Wildlife
30-9 Department shall report to the following entities on the study's
30-10 results:
30-11 (1) the Parks and Wildlife Commission;
30-12 (2) the House Appropriations Committee;
30-13 (3) the House State Recreational Resources Committee;
30-14 (4) the Senate Finance Committee; and
30-15 (5) the Senate Natural Resources Committee.
30-16 (c) Until the report is submitted under Subsection (b) of
30-17 this section, the Parks and Wildlife Commission shall limit
30-18 spending on outreach and education activities performed under
30-19 Section 11.0181, Parks and Wildlife Code, unless the Parks and
30-20 Wildlife Department can prove to the Parks and Wildlife Commission
30-21 that the spending is for an activity that:
30-22 (1) is effective; or
30-23 (2) is required by statute.
30-24 SECTION 39. (a) The Parks and Wildlife Department shall
30-25 monitor the extent to which it is complying with Section 11.0275,
30-26 Parks and Wildlife Code, as added by this Act.
30-27 (b) Not later than September 1, 2002, the Parks and Wildlife
31-1 Department shall report its degree of compliance with Section
31-2 11.0275, Parks and Wildlife Code, as added by this Act, to the
31-3 following entities:
31-4 (1) the Parks and Wildlife Commission;
31-5 (2) the House Appropriations Committee;
31-6 (3) the House State Recreational Resources Committee;
31-7 (4) the Senate Finance Committee; and
31-8 (5) the Senate Natural Resources Committee.
31-9 SECTION 40. (a) The Parks and Wildlife Department may not
31-10 acquire a new park, historical site, or wildlife site before the
31-11 Parks and Wildlife Department has completed the inventory required
31-12 by Section 11.103, Parks and Wildlife Code, as added by this Act.
31-13 (b) This section does not apply to acquisitions, as
31-14 determined by the Parks and Wildlife Department, that:
31-15 (1) began before the effective date of this Act;
31-16 (2) are within or adjacent to existing Parks and
31-17 Wildlife Department land and increase public access to those
31-18 facilities; or
31-19 (3) are of statewide significance.
31-20 SECTION 41. Not later than February 2, 2002, the Parks and
31-21 Wildlife Department shall prepare the initial plan required under
31-22 Section 11.104, Parks and Wildlife Code, as added by this Act.
31-23 SECTION 42. Not later than March 1, 2002, the Parks and
31-24 Wildlife Department shall attempt to fulfill the department's
31-25 duties under Section 11.0172(c), Parks and Wildlife Code, as added
31-26 by this Act, for any existing contracts.
31-27 SECTION 43. Not later than September 1, 2002, the Parks and
32-1 Wildlife Department shall complete the initial report required
32-2 under Section 77.005(c), Parks and Wildlife Code, as added by this
32-3 Act.
32-4 SECTION 44. The changes in law made by this Act in the
32-5 qualifications of, and the prohibitions applying to, the members of
32-6 the Parks and Wildlife Commission do not affect the entitlement of
32-7 a person serving as a member of the commission immediately before
32-8 September 1, 2001, to continue to carry out the functions of the
32-9 person's office for the remainder of the person's term. The
32-10 changes in law apply only to a person appointed on or after
32-11 September 1, 2001. This Act does not prohibit a person who is a
32-12 member of the Parks and Wildlife Commission immediately before
32-13 September 1, 2001, from being reappointed as a commission member if
32-14 the person has the qualifications required for the position under
32-15 Chapter 11, Parks and Wildlife Code, as amended by this Act.
32-16 SECTION 45. This Act takes effect September 1, 2001.