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.