1-1 By: Harris S.B. No. 305
1-2 (In the Senate - Filed February 27, 2001; February 28, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 April 9, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 9, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 305 By: Lucio
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and functions of the Texas Parks and
1-11 Wildlife Department.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 11.002, Parks and Wildlife Code, is
1-14 amended to read as follows:
1-15 Sec. 11.002. POLICY IMPLEMENTATION. The commission shall
1-16 develop and implement policies that clearly separate the
1-17 policymaking [respective] responsibilities of the commission and
1-18 the management responsibilities of the director and the department
1-19 staff.
1-20 SECTION 2. Section 11.0111, Parks and Wildlife Code, is
1-21 amended to read as follows:
1-22 Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife
1-23 Department is subject to Chapter 325, Government Code (Texas Sunset
1-24 Act). Unless continued in existence as provided by that chapter,
1-25 the department is abolished September 1, 2013 [2001].
1-26 SECTION 3. Section 11.012, Parks and Wildlife Code, is
1-27 amended by adding Subsection (d) to read as follows:
1-28 (d) In making appointments under this section, the governor
1-29 shall attempt to include persons with expertise in diverse fields,
1-30 including fields such as historic preservation, conservation, and
1-31 outdoor recreation.
1-32 SECTION 4. Section 11.0121, Parks and Wildlife Code, is
1-33 amended to read as follows:
1-34 Sec. 11.0121. QUALIFICATIONS. A person may not be [is not
1-35 eligible for appointment as] a public member of the commission if
1-36 the person or the person's spouse:
1-37 (1) is registered, certified, or licensed by a
1-38 regulatory agency in the field of conservation, outdoor recreation,
1-39 or commercial fishing, unless the license is a noncommercial
1-40 hunting or fishing license or a license issued under Subchapter D,
1-41 Chapter 43;
1-42 (2) is employed by or participates in the management
1-43 of a business entity or other organization regulated by [the
1-44 department] or receiving money [funds] from the department;
1-45 (3) [(2)] owns or[,] controls, [or has,] directly or
1-46 indirectly, more than a 10 percent interest in a business entity or
1-47 other organization regulated by [the department] or receiving money
1-48 [funds] from the department; or
1-49 (4) [(3)] uses or receives a substantial amount of
1-50 tangible goods, services, or money [funds] from the department
1-51 other than compensation or reimbursement authorized by law for
1-52 commission membership, attendance, or expenses.
1-53 SECTION 5. Section 11.0122, Parks and Wildlife Code, is
1-54 amended to read as follows:
1-55 Sec. 11.0122. CONFLICT OF INTEREST. (a) In this section,
1-56 "Texas trade association" means a cooperative and voluntarily
1-57 joined association of business or professional competitors in this
1-58 state designed to assist its members and its industry or profession
1-59 in dealing with mutual business or professional problems and in
1-60 promoting their common interest.
1-61 (b) A person may not be a member of the commission and may
1-62 not be a department employee employed in a "bona fide executive,
1-63 administrative, or professional capacity," as that phrase is used
1-64 for purposes of establishing an exemption to the overtime
2-1 provisions of the federal Fair Labor Standards Act of 1938 (29
2-2 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-3 (1) the person is an officer, [An] employee, or paid
2-4 consultant of a Texas trade [statewide] association in the field of
2-5 conservation, [or] outdoor recreation, or commercial fishing; or
2-6 (2) the person's [may not be a commission member or
2-7 employee of the department, nor may a person who cohabits with or
2-8 is the] spouse is an officer, manager, [of a managerial employee]
2-9 or paid consultant of a Texas trade [statewide] association in the
2-10 field of conservation, [or] outdoor recreation, or commercial
2-11 fishing [be a member of the commission or an employee of the
2-12 department grade 17 or over, including exempt employees, according
2-13 to the position classification schedule under the General
2-14 Appropriations Act].
2-15 SECTION 6. Section 11.0123, Parks and Wildlife Code, is
2-16 amended to read as follows:
2-17 Sec. 11.0123. LOBBYIST PROHIBITION [MAY NOT SERVE ON
2-18 COMMISSION]. A person may not be a member of the commission or act
2-19 as the general counsel to the commission or the department if the
2-20 person [who] is required to register as a lobbyist under Chapter
2-21 305, Government Code, because [by virtue] of the person's [his]
2-22 activities for compensation [in or] on behalf of a profession
2-23 related to the operation of the department [commission, may not
2-24 serve as a member of the commission or act as the general counsel
2-25 to the commission].
2-26 SECTION 7. Section 11.0124, Parks and Wildlife Code, is
2-27 amended to read as follows:
2-28 Sec. 11.0124. DISCRIMINATION IN APPOINTMENTS PROHIBITED.
2-29 Appointments to the commission shall be made without regard to the
2-30 race, color, disability [handicap], sex, religion, age, or national
2-31 origin of the appointees.
2-32 SECTION 8. Section 11.0125, Parks and Wildlife Code, is
2-33 amended to read as follows:
2-34 Sec. 11.0125. REMOVAL OF A COMMISSION MEMBER. (a) It is a
2-35 ground for removal from the commission that [if a member]:
2-36 (1) a public member does not have at the time of
2-37 taking office [appointment] the qualifications required by Section
2-38 11.0121 [of this code for appointment to the commission];
2-39 (2) a public member does not maintain during [the]
2-40 service on the commission the qualifications required by Section
2-41 11.0121 [of this code for appointment to the commission];
2-42 (3) a member is ineligible for membership under
2-43 [violates a prohibition established by] Section 11.012(c), 11.0122,
2-44 or 11.0123 [of this code];
2-45 (4) a member cannot, because of illness or disability,
2-46 [is unable to] discharge the member's [his] duties for a
2-47 substantial part [portion] of the member's term [for which he was
2-48 appointed because of illness or disability]; or
2-49 (5) a member is absent from more than half [one-half]
2-50 of the regularly scheduled commission meetings that [which] the
2-51 member is eligible to attend during a [each] calendar year without
2-52 an excuse approved[, except when the absence is excused] by a
2-53 majority vote of the commission.
2-54 (b) The validity of an action of the commission is not
2-55 affected by the fact that it is [was] taken when a ground for
2-56 removal of a commission member exists [of the commission existed].
2-57 (c) If the director has knowledge that a potential ground
2-58 for removal exists, the director [he] shall notify the presiding
2-59 officer [chairman] of the commission of the potential [such]
2-60 ground. The presiding officer [chairman of the commission] shall
2-61 then notify the governor and the attorney general that a potential
2-62 ground for removal exists. If the potential ground for removal
2-63 involves the presiding officer, the director shall notify the next
2-64 highest ranking officer of the commission, who shall then notify
2-65 the governor and the attorney general that a potential ground for
2-66 removal exists.
2-67 SECTION 9. Subchapter B, Chapter 11, Parks and Wildlife
2-68 Code, is amended by adding Section 11.0126 to read as follows:
2-69 Sec. 11.0126. TRAINING PROGRAM FOR COMMISSION MEMBERS.
3-1 (a) A person who is appointed to and qualifies for office as a
3-2 member of the commission may not vote, deliberate, or be counted as
3-3 a member in attendance at a meeting of the commission until the
3-4 person completes a training program that complies with this
3-5 section.
3-6 (b) The training program must provide the person with
3-7 information regarding:
3-8 (1) the legislation that created the department and
3-9 the commission;
3-10 (2) the programs operated by the department;
3-11 (3) the role and functions of the department;
3-12 (4) the rules of the commission with an emphasis on
3-13 the rules that relate to disciplinary and investigatory authority;
3-14 (5) the current budget for the department;
3-15 (6) the results of the most recent formal audit of the
3-16 department;
3-17 (7) the requirements of:
3-18 (A) the open meetings law, Chapter 551,
3-19 Government Code;
3-20 (B) the public information law, Chapter 552,
3-21 Government Code;
3-22 (C) the administrative procedure law, Chapter
3-23 2001, Government Code; and
3-24 (D) other laws relating to public officials,
3-25 including conflict-of-interest laws; and
3-26 (8) any applicable ethics policies adopted by the
3-27 department or the Texas Ethics Commission.
3-28 (c) A person appointed to the commission is entitled to
3-29 reimbursement, as provided by the General Appropriations Act, for
3-30 the travel expenses incurred in attending the training program
3-31 regardless of whether the attendance at the program occurs before
3-32 or after the person qualifies for office.
3-33 SECTION 10. Subchapter B, Chapter 11, Parks and Wildlife
3-34 Code, is amended by adding Section 11.0127 to read as follows:
3-35 Sec. 11.0127. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
3-36 PROGRAM. The director or the director's designee shall provide to
3-37 agency employees information and training on the benefits and
3-38 methods of participation in the state employee incentive program
3-39 under Subchapter B, Chapter 2108, Government Code.
3-40 SECTION 11. Section 11.014, Parks and Wildlife Code, is
3-41 amended to read as follows:
3-42 Sec. 11.014. PRESIDING OFFICER [CHAIRMAN, VICE-CHAIRMAN].
3-43 (a) The governor shall designate a member [biennially one of the
3-44 nine members as chairman] of the commission as the presiding
3-45 officer of the commission to serve in that capacity at the pleasure
3-46 of the governor [for a term of two years expiring on January 31 of
3-47 the succeeding odd-numbered year].
3-48 (b) [The commission shall elect biennially a vice-chairman
3-49 from among its members for a term of two years expiring on January
3-50 31 of the succeeding odd-numbered year.]
3-51 [(c)] A vacancy in the office of presiding officer is filled
3-52 in the same manner as the original designation [chairman or
3-53 vice-chairman is filled for the unexpired portion of the term in
3-54 the same manner as the original appointment or election].
3-55 SECTION 12. Section 11.0151, Parks and Wildlife Code, is
3-56 amended to read as follows:
3-57 Sec. 11.0151. PUBLIC HEARINGS. (a) In this section, "major
3-58 decision" means a decision in which a vote is taken on:
3-59 (1) a rule;
3-60 (2) a proclamation;
3-61 (3) a contract;
3-62 (4) a budget;
3-63 (5) a grant;
3-64 (6) a development plan for a geographical area managed
3-65 by the department;
3-66 (7) a memorandum of understanding with another
3-67 governmental entity; or
3-68 (8) any other issue as determined by the commission.
3-69 (b) The commission shall develop and implement policies that
4-1 will provide the public with a reasonable opportunity to appear
4-2 before the commission and to speak on any issue under the
4-3 jurisdiction of the commission.
4-4 (c) The commission, or any committee of the commission with
4-5 at least five commission members serving on the committee, shall
4-6 provide an opportunity for public testimony in an open meeting
4-7 before making a major decision.
4-8 SECTION 13. Section 11.0161, Parks and Wildlife Code, is
4-9 amended to read as follows:
4-10 Sec. 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES;
4-11 COMPLAINTS. (a) The commission shall prepare information of
4-12 public interest describing the functions of the commission and
4-13 describing the commission's procedures by which complaints are
4-14 filed with and resolved by the commission. The commission shall
4-15 make the information available to the general public and
4-16 appropriate state agencies.
4-17 (b) The department shall maintain a file on each written
4-18 complaint filed with the department that the department has the
4-19 authority to resolve. The file must include:
4-20 (1) the name of the person who filed the complaint;
4-21 (2) the date the complaint is received by the
4-22 department;
4-23 (3) the subject matter of the complaint;
4-24 (4) the name of each person contacted in relation to
4-25 the complaint;
4-26 (5) a summary of the results of the review or
4-27 investigation of the complaint; and
4-28 (6) an explanation of the reason the file was closed,
4-29 if the department closed the file without taking action other than
4-30 to investigate the complaint.
4-31 (c) The department shall provide to the person filing the
4-32 complaint and to each person who is a subject of the complaint a
4-33 copy of the department's policies and procedures relating to
4-34 complaint investigation and resolution.
4-35 (d) The department, at least quarterly until final
4-36 disposition of the complaint, shall notify the person filing the
4-37 complaint and each person who is a subject of the complaint of the
4-38 status of the investigation unless the notice would jeopardize an
4-39 undercover investigation.
4-40 (e) The commission may adopt rules to define the types of
4-41 complaints to which this section applies.
4-42 SECTION 14. Subchapter B, Chapter 11, Parks and Wildlife
4-43 Code, is amended by adding Section 11.0172 to read as follows:
4-44 Sec. 11.0172. LIMIT ON CONTRACTS FOR PUBLICATIONS. (a) In
4-45 this section:
4-46 (1) "Publication" includes the publication of a book,
4-47 magazine, photograph, poster, or bulletin.
4-48 (2) "Youth" means an individual younger than 17 years
4-49 of age.
4-50 (b) The department may not contract with a person regarding
4-51 a publication unless the contract provides the department the
4-52 authority to:
4-53 (1) terminate the contract;
4-54 (2) retain final approval over the content of the
4-55 publication, including advertising; and
4-56 (3) request and receive an appropriate number of
4-57 copies of the publication that contain advertising that is
4-58 appropriate for viewing by youth.
4-59 (c) The commission shall adopt rules regarding the types of
4-60 advertising that are appropriate for viewing by youth.
4-61 SECTION 15. Section 11.0181, Parks and Wildlife Code, is
4-62 amended by adding Subsection (c) to read as follows:
4-63 (c) The department shall manage the outreach and education
4-64 activities performed under this section to ensure that the
4-65 activities:
4-66 (1) are consistent with the department's mission and
4-67 goals;
4-68 (2) do not duplicate other efforts by the department
4-69 or other entities;
5-1 (3) provide a cost-effective method for reaching
5-2 participants; and
5-3 (4) can be effectively measured.
5-4 SECTION 16. Subchapter B, Chapter 11, Parks and Wildlife
5-5 Code, is amended by adding Section 11.0182 to read as follows:
5-6 Sec. 11.0182. EMPLOYEE FUND-RAISING. (a) The commission by
5-7 rule shall adopt policies to govern fund-raising activities by
5-8 department employees on behalf of the department. The rules must:
5-9 (1) designate the types of employees who may solicit
5-10 donations;
5-11 (2) restrict where and how fund-raising may occur; and
5-12 (3) establish requirements for reports by employees to
5-13 the director.
5-14 (b) The director shall approve and manage fund-raising
5-15 activities by department employees on behalf of the department in
5-16 accordance with commission rules.
5-17 SECTION 17. Section 11.021, Parks and Wildlife Code, is
5-18 amended to read as follows:
5-19 Sec. 11.021. INFORMATION CONCERNING QUALIFICATIONS AND
5-20 RESPONSIBILITIES. The director or the director's [his] designee
5-21 shall provide to commission members and department employees, as
5-22 often as [is] necessary, information regarding the requirements for
5-23 office or employment [their qualifications] under this chapter,
5-24 including information regarding a person's [code and their]
5-25 responsibilities under applicable laws relating to standards of
5-26 conduct for state officers or employees.
5-27 SECTION 18. Section 11.022, Parks and Wildlife Code, is
5-28 amended to read as follows:
5-29 Sec. 11.022. EQUAL OPPORTUNITY EMPLOYMENT. (a) The
5-30 director or the director's [his] designee shall prepare and
5-31 maintain a written policy statement that implements [to assure
5-32 implementation of] a program of equal employment opportunity to
5-33 ensure that [whereby] all personnel decisions [transactions] are
5-34 made without regard to race, color, disability [handicap], sex,
5-35 religion, age, or national origin.
5-36 (b) The policy statement must [shall] include:
5-37 (1) personnel policies, including policies relating to
5-38 recruitment, evaluation, selection, [appointment,] training, and
5-39 promotion of personnel, that show the intent of the department to
5-40 avoid the unlawful employment practices described by Chapter 21,
5-41 Labor Code; and
5-42 (2) an analysis of the extent to which the composition
5-43 of the department's personnel is in accordance with state and
5-44 federal law and a description of reasonable methods to achieve
5-45 compliance with state and federal law[;]
5-46 [(2) a comprehensive analysis of the department's work
5-47 force that meets federal or state guidelines;]
5-48 [(3) procedures by which a determination can be made
5-49 of significant underutilization in the department work force of all
5-50 persons of which federal or state guidelines encourage a more
5-51 equitable balance; and]
5-52 [(4) reasonable methods to appropriately address areas
5-53 of significant underutilization in the department work force of all
5-54 persons of which federal or state guidelines encourage a more
5-55 equitable balance].
5-56 (c) [(b)] The policy statement must [statements shall] be:
5-57 (1) updated annually;
5-58 (2) reviewed by the state Commission on Human Rights
5-59 for compliance with Subsection (b); and
5-60 (3) filed with the governor's office [not later than
5-61 November 1 of each year, cover an annual period, and be updated at
5-62 least annually. The governor's office shall develop a biennial
5-63 report to the legislature based on the information submitted. The
5-64 report may be made separately or as a part of other biennial
5-65 reports made to the legislature].
5-66 SECTION 19. Subchapter B, Chapter 11, Parks and Wildlife
5-67 Code, is amended by adding Section 11.0255 to read as follows:
5-68 Sec. 11.0255. EVALUATION OF CONSTRUCTION PROJECTS. (a) The
5-69 department shall calculate the costs of each department
6-1 construction project as the project is completed.
6-2 (b) In calculating the costs under Subsection (a), the
6-3 department:
6-4 (1) shall consider both direct and indirect costs of
6-5 department employees who perform project tasks; and
6-6 (2) may use the cost accounting procedures and
6-7 instructions developed by the State Council on Competitive
6-8 Government under Section 2162.102, Government Code.
6-9 (c) On request, the State Council on Competitive Government
6-10 shall provide technical assistance to the department, including
6-11 assistance with the application of the council's cost accounting
6-12 procedures and instructions.
6-13 (d) Using the costs calculated under this section for
6-14 completed projects, the department shall evaluate the costs and
6-15 benefits of contracting with private entities or individuals to
6-16 manage proposed construction-related tasks or projects.
6-17 SECTION 20. Section 11.026, Parks and Wildlife Code, is
6-18 amended to read as follows:
6-19 Sec. 11.026. GIFTS OF PROPERTY OR MONEY. (a) Except as
6-20 provided by Subsection (b), the [The] department may accept gifts
6-21 of property or money in support of any department purpose
6-22 authorized in this code.
6-23 (b) The department may not accept a gift or other donation
6-24 from a person who holds a commercial license issued by the
6-25 department.
6-26 SECTION 21. Section 11.0261, Parks and Wildlife Code, is
6-27 amended to read as follows:
6-28 Sec. 11.0261. PROHIBITION AGAINST ACCEPTANCE OF GIFTS,
6-29 GRATUITIES, AND OTHER THINGS OF VALUE; EXCEPTION. (a) Except as
6-30 provided by Subsection (b), a [A] person who is a member of the
6-31 commission or an employee of the department may not accept a gift,
6-32 gratuity, or other thing of value, including travel, from a person
6-33 who:
6-34 (1) is employed by or participates in the management
6-35 of a business entity or other organization that receives funds from
6-36 the department;
6-37 (2) owns or controls, directly or indirectly, more
6-38 than a 10 percent interest in a business entity or other
6-39 organization that receives funds from the department;
6-40 (3) is a person a significant portion of whose
6-41 business consists of furnishing goods or services to an entity or
6-42 organization described by Subdivision (1) or (2); or
6-43 (4) is an agent, representative, attorney, employee,
6-44 officer, owner, director, or partner of an entity, organization, or
6-45 person described by Subdivision (1), (2), or (3).
6-46 (b) A department employee may accept reimbursement for
6-47 travel expenses from the official nonprofit partner designated by
6-48 the commission under Section 11.205 if:
6-49 (1) the employee has sufficiently documented the
6-50 expense; and
6-51 (2) the expense arose out of the performance of an
6-52 activity related to an employee's official duties regarding the
6-53 partner.
6-54 SECTION 22. Subchapter B, Chapter 11, Parks and Wildlife
6-55 Code, is amended by adding Section 11.0275 to read as follows:
6-56 Sec. 11.0275. PROHIBITION ON ALCOHOL AND TOBACCO ADVERTISING
6-57 AND PARTICIPATION. (a) In this section, "publication" includes
6-58 the publication of a book, magazine, photograph, poster, bulletin,
6-59 or fishing or hunting regulation guide.
6-60 (b) The department may not accept an advertisement that
6-61 promotes the sale of tobacco or alcoholic beverages in a
6-62 publication sponsored or published by the department.
6-63 (c) A public service advertisement to educate the public
6-64 regarding the risks associated with alcoholic beverages is not
6-65 considered an advertisement that promotes the sale of alcoholic
6-66 beverages under Subsection (b). The advertisement may not contain
6-67 a promotion focused on a product or use a brand identifier or
6-68 alcohol product logo. The advertisement may use a corporate logo
6-69 that does not use a brand identifier or alcohol product logo.
7-1 (d) The commission shall adopt rules regarding the types of:
7-2 (1) persons who may sponsor or promote department
7-3 events;
7-4 (2) events that the department will allow persons to
7-5 promote or sponsor;
7-6 (3) advertisements that qualify as public service
7-7 advertisements regarding the risks associated with alcoholic
7-8 beverages; and
7-9 (4) logos that may be used in public service
7-10 advertisements.
7-11 SECTION 23. Chapter 11, Parks and Wildlife Code, is amended
7-12 by adding Subchapter H to read as follows:
7-13 SUBCHAPTER H. LAND AND WATER RESOURCES CONSERVATION PLAN
7-14 Sec. 11.101. DEFINITION. In this subchapter, "conservation"
7-15 includes the conservation of historical, natural, recreational, and
7-16 wildlife resources.
7-17 Sec. 11.102. PLAN APPROVAL; HEARING REQUIRED. (a) The
7-18 department must obtain approval from the commission for each
7-19 development plan required by statute for a geographical area
7-20 managed by the department.
7-21 (b) The commission shall hold a hearing on approval of the
7-22 plan.
7-23 Sec. 11.103. INVENTORY. (a) The department shall inventory
7-24 all land and water associated with historical, natural,
7-25 recreational, and wildlife resources in this state that are owned
7-26 by:
7-27 (1) governmental entities; or
7-28 (2) nonprofit entities that offer access to the land
7-29 or water to the public.
7-30 (b) The department shall create a permanent database of the
7-31 resources inventoried under Subsection (a). At least once every 10
7-32 years, the department shall update the database as necessary to
7-33 reflect changes in the resources.
7-34 Sec. 11.104. LAND AND WATER RESOURCES CONSERVATION AND
7-35 RECREATION PLAN. (a) Using the inventory prepared under Section
7-36 11.103, the department shall:
7-37 (1) analyze the state's existing and future land and
7-38 water conservation and recreation needs;
7-39 (2) identify threatened land and water resources in
7-40 this state; and
7-41 (3) establish the relative importance for conservation
7-42 purposes of particular resources listed in the inventory.
7-43 (b) Based on the analysis made under Subsection (a), the
7-44 department shall prepare a land and water resources conservation
7-45 and recreation plan. The plan must include criteria for
7-46 determining how to meet the state's conservation and recreation
7-47 needs. The department shall revise the plan as necessary to
7-48 reflect changes in the inventory developed under Section 11.103.
7-49 (c) The department shall modify any existing plans regarding
7-50 parks and wildlife management areas to make the existing plans
7-51 consistent with the land and water resources conservation and
7-52 recreation plan developed under this section.
7-53 (d) The department shall base its decisions regarding the
7-54 state's conservation needs on the criteria developed in the plan,
7-55 including decisions relating to:
7-56 (1) the acquisition of new resources for conservation
7-57 and recreation purposes;
7-58 (2) the divestiture of existing resources;
7-59 (3) grants to local parks;
7-60 (4) cooperation with private conservation
7-61 organizations and landowners, including associations of landowners;
7-62 and
7-63 (5) other major land conservation operations of the
7-64 department.
7-65 Sec. 11.105. COORDINATION OF CONSERVATION AND RECREATION
7-66 OPERATIONS. The department shall:
7-67 (1) consider all resources listed in the inventory
7-68 prepared under Section 11.103 in conjunction with each other;
7-69 (2) coordinate department activities related to those
8-1 resources internally and with similar activities of other
8-2 governmental or nonprofit entities; and
8-3 (3) set priorities for department activities related
8-4 to those resources according to the most vital existing and future
8-5 needs for conservation and recreation.
8-6 SECTION 24. Chapter 11, Parks and Wildlife Code, is amended
8-7 by adding Subchapter I to read as follows:
8-8 SUBCHAPTER I. STATEWIDE COMMERCIAL PROJECTS
8-9 Sec. 11.151. DEFINITION. In this subchapter, "statewide
8-10 commercial project" means a commercial venture undertaken by the
8-11 department throughout the state, including promotions, sales, or
8-12 other activities to raise money for the department. The term does
8-13 not include a promotion or sale undertaken solely at one site.
8-14 Sec. 11.152. BUSINESS PLANS. Each business plan developed
8-15 under this subchapter must include:
8-16 (1) a description of the product or service provided;
8-17 (2) an analysis of the information necessary for
8-18 persons to make decisions on the project;
8-19 (3) an analysis of the personnel necessary to manage
8-20 and implement the project;
8-21 (4) financial data, including both past performance
8-22 and a budget and goals for future performance; and
8-23 (5) a list of the resources necessary for a successful
8-24 project.
8-25 Sec. 11.153. DEPARTMENT PLAN: OPERATIONAL STRATEGIES.
8-26 (a) The department shall develop an agency wide business plan to
8-27 guide its overall operational strategies for statewide commercial
8-28 projects. The plan must:
8-29 (1) use the plans prepared under Section 11.154 for
8-30 each project;
8-31 (2) evaluate the efficiency of existing projects;
8-32 (3) consider or propose changes to any project
8-33 necessary to meet the department's overall goals;
8-34 (4) compare each project's services and products to
8-35 similar services and products available from the private sector;
8-36 (5) seek to increase savings and improve customer
8-37 service on each project;
8-38 (6) coordinate existing projects to avoid duplication
8-39 and focus resources on the most efficient and effective projects;
8-40 and
8-41 (7) assess the potential for contracting with a
8-42 private entity or individual to perform department functions
8-43 relating to specific projects.
8-44 (b) The department shall use the services of the State
8-45 Council on Competitive Government, where appropriate, in fulfilling
8-46 the department's duties under Subsection (a)(7).
8-47 Sec. 11.154. INDIVIDUAL PROJECT PLANS. (a) The department
8-48 shall develop a business plan for each statewide commercial
8-49 project. The plan must contain:
8-50 (1) an accurate accounting for all project costs,
8-51 including personnel and overhead costs; and
8-52 (2) reasonable projections of project income.
8-53 (b) The director shall review the plan for each project at
8-54 least annually to assess the overall performance and value of the
8-55 project.
8-56 (c) The department may modify a plan as necessary to meet
8-57 changing conditions.
8-58 Sec. 11.155. ADJUSTMENT OR TERMINATION OF PROJECT FOR
8-59 FAILURE TO MEET FINANCIAL OBJECTIVES. (a) Except as provided by
8-60 Subsection (b), the department shall adjust or terminate a
8-61 statewide commercial project that fails to meet the financial
8-62 objectives stated in the project's plan.
8-63 (b) This section does not apply if the department determines
8-64 that the project possesses a positive public relations value or
8-65 fulfills a useful educational purpose.
8-66 Sec. 11.156. CONTRACT WITH PRIVATE SECTOR. The department
8-67 shall consider contracting out all or part of a statewide
8-68 commercial project to a private entity or individual, including a
8-69 nonprofit entity or individual.
9-1 SECTION 25. Chapter 11, Parks and Wildlife Code, is amended
9-2 by adding Subchapter J to read as follows:
9-3 SUBCHAPTER J. NONPROFIT PARTNERSHIPS
9-4 Sec. 11.201. DEFINITIONS. In this subchapter:
9-5 (1) "Nonprofit partner" means a nonpolitical legal
9-6 entity that:
9-7 (A) is incorporated under the laws of this
9-8 state;
9-9 (B) has been granted an exemption from federal
9-10 income tax under Section 501(c), Internal Revenue Code of 1986, as
9-11 amended;
9-12 (C) works with the department to further
9-13 department goals; and
9-14 (D) is selected as provided under Section
9-15 11.202.
9-16 (2) "Official nonprofit partner" means the nonprofit
9-17 partner designated by the commission under Section 11.205.
9-18 Sec. 11.202. GENERAL DUTIES. (a) The department may select
9-19 and cooperate with nonprofit partners to serve department goals.
9-20 (b) The department must obtain commission approval for each
9-21 nonprofit partner selected under Subsection (a).
9-22 (c) The commission by rule shall establish best practices
9-23 for nonprofit partners to comply with.
9-24 Sec. 11.203. ACCOUNTABILITY OF NONPROFIT PARTNERS;
9-25 INVESTMENT RESTRICTIONS. (a) The commission by rule shall require
9-26 a nonprofit partner to comply with specified state standards and
9-27 safeguards for accounting for state assets held by the nonprofit
9-28 partner.
9-29 (b) Chapter 2256, Government Code, applies to a nonprofit
9-30 partner to the extent that the partner controls state money.
9-31 Sec. 11.204. PLAN. The department shall provide to each
9-32 nonprofit partner a copy of the plan developed under Section
9-33 11.104.
9-34 Sec. 11.205. OFFICIAL NONPROFIT PARTNER. (a) The
9-35 commission shall designate a single nonprofit partner as the
9-36 official nonprofit partner of the department, unless the commission
9-37 determines in writing that no nonprofit partner is capable of
9-38 effectively implementing the goals of this section.
9-39 (b) The official nonprofit partner must be dedicated to
9-40 meeting department goals.
9-41 (c) The official nonprofit partner may accept gifts, grants,
9-42 and donations to further department goals, including a gift, grant,
9-43 or donation made in the name of the department.
9-44 (d) The official nonprofit partner may use state money to
9-45 acquire property or engage in construction activities only if that
9-46 acquisition or construction is consistent with the department's
9-47 conservation and recreation priorities outlined in the plan
9-48 developed under Section 11.104.
9-49 (e) The official nonprofit partner may organize and manage
9-50 accounts for local nonprofit partners or other organizations to
9-51 benefit a specific state park or other sites under the department's
9-52 jurisdiction.
9-53 (f) The commission by rule shall establish:
9-54 (1) guidelines under which the official nonprofit
9-55 partner may solicit and accept sponsorships from private entities;
9-56 and
9-57 (2) best practices under which the partner may engage
9-58 in activities under this section.
9-59 Sec. 11.206. AUDIT OF OFFICIAL NONPROFIT PARTNER. (a) The
9-60 official nonprofit partner shall be audited annually by an
9-61 independent auditor. The partner shall file the audit with the
9-62 commission.
9-63 (b) The official nonprofit partner's financial transactions
9-64 involving and financial records relating to state money held by the
9-65 nonprofit partner are subject to audit by the state auditor as
9-66 provided in Section 321.013, Government Code.
9-67 Sec. 11.207. EMPLOYEE BENEFITS. A nonprofit partner may
9-68 provide money to the department for the department to award, at the
9-69 department's discretion, to a department employee as a salary
10-1 supplement, bonus, award, or other benefit, including a
10-2 scholarship.
10-3 Sec. 11.208. EXPENDITURES; LIMITS. (a) The department
10-4 shall direct, by the terms of the contract or grant, how a
10-5 nonprofit partner may spend any state money it receives.
10-6 (b) A state employee may not directly spend or obligate a
10-7 nonprofit partner's money.
10-8 (c) A nonprofit partner may not spend state money to:
10-9 (1) lobby or otherwise attempt to influence a member
10-10 of the legislature; or
10-11 (2) directly or indirectly attempt to influence
10-12 legislation.
10-13 SECTION 26. Section 12.025, Parks and Wildlife Code, is
10-14 amended to read as follows:
10-15 Sec. 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The
10-16 department may provide technical guidance to landowners who request
10-17 information concerning fish, wildlife, nongame, and habitat
10-18 management.
10-19 (b) In setting priorities for the provision of money to a
10-20 landowner under this section, the department shall consider:
10-21 (1) the inventory developed under Section 11.103; and
10-22 (2) the priorities set under Section 11.105.
10-23 (c) The department shall support landowner education
10-24 programs and cooperate with appropriate state agencies.
10-25 (d) [(c)] The department shall provide notice of Section
10-26 12.0251 to a private landowner who requests technical assistance
10-27 before entering the property to collect and record information
10-28 about animal or plant life.
10-29 (e) [(d)] The commission by rule shall adopt policies,
10-30 including written guidelines for a method for providing notice
10-31 under Subsection (d) [(c)] and for departmental entry onto
10-32 privately owned land to collect information described by Section
10-33 12.0251(a). The policies and guidelines must identify the maximum
10-34 information that the department may maintain under Section 12.0251.
10-35 (f) [(e)] A review or update of a record or plan produced by
10-36 the department under Section 12.0251 and maintained by the
10-37 landowner or the landowner's agent may be requested by the
10-38 landowner or the department.
10-39 SECTION 27. Subsections (a), (b), and (c), Section 13.001,
10-40 Parks and Wildlife Code, are amended to read as follows:
10-41 (a) Except as otherwise provided by law, the following are
10-42 under the department's control and custody:
10-43 (1) all recreational and[,] natural[, and historical]
10-44 areas designated as state parks; and
10-45 (2) all historical sites acquired by the department
10-46 [are under the control and custody of the department].
10-47 (b) The commission shall establish a classification system
10-48 for state parks and wildlife management areas that categorizes
10-49 wildlife management areas, parks, or a portion of parks as wildlife
10-50 management areas, recreational areas, natural areas, or historical
10-51 sites [areas]. The commission may not classify a historical site
10-52 as a historical park.
10-53 (c) The commission shall adopt rules governing the
10-54 acquisition and development of recreational areas, natural areas,
10-55 or historical sites [areas].
10-56 SECTION 28. Section 13.002, Parks and Wildlife Code, is
10-57 amended to read as follows:
10-58 Sec. 13.002. DEVELOPMENT AND ACQUISITION OF OUTDOOR AREAS
10-59 [COMPREHENSIVE STATE PLAN]. The department may:
10-60 (1) [prepare, maintain, and revise a statewide
10-61 comprehensive plan for the development of the outdoor recreation
10-62 resources of this state;]
10-63 [(2)] develop, operate, and maintain outdoor areas and
10-64 facilities of the state; and
10-65 (2) [(3)] acquire land, water, and interests in land
10-66 and water for outdoor recreation areas and facilities.
10-67 SECTION 29. Section 13.005, Parks and Wildlife Code, is
10-68 amended to read as follows:
10-69 Sec. 13.005. ACQUISITION OF HISTORICAL SITES [AREAS].
11-1 (a) The department may acquire by purchase, gift, or other manner
11-2 historical sites [areas]:
11-3 (1) where events occurred that represent an important
11-4 aspect of the cultural, political, economic, military, or social
11-5 history of the nation or state;
11-6 (2) significantly associated with the lives of
11-7 outstanding historic persons or with an important event that
11-8 represents a great ideal or idea;
11-9 (3) embodying the distinguishing characteristics of an
11-10 architectural type which is inherently valuable for study of a
11-11 period, style, or method of construction;
11-12 (4) that contributes significantly to the
11-13 understanding of aboriginal man in the nation or state; or
11-14 (5) that is of significant geologic interest relating
11-15 to prehistoric animal or plant life.
11-16 (b) The department shall restore and maintain each
11-17 historical site [area] acquired under this section for the benefit
11-18 of the general public. The department may enter into interagency
11-19 contracts for this purpose.
11-20 (c) The department shall formulate plans [In formulating a
11-21 plan] for the preservation and development of [a] historical sites.
11-22 Before formulating a plan for a specific site, the department shall
11-23 conduct an archeological survey of the site. In formulating plans
11-24 [area], the department shall:
11-25 (1) consider the results from the archeological survey
11-26 for the site if the plan is for a specific site;
11-27 (2) consider the resources necessary to manage a site;
11-28 and
11-29 (3) meet with and [may] consider comments [on the
11-30 plan] made by the Texas Historical Commission.
11-31 (d) The department and the Texas Historical Commission shall
11-32 form a joint panel to establish criteria for determining whether a
11-33 site is of statewide significance under Subsection (a) and to
11-34 promote the continuity of a historic sites program.
11-35 SECTION 30. Subchapter A, Chapter 13, Parks and Wildlife
11-36 Code, is amended by adding Sections 13.0051, 13.0052, and 13.0053
11-37 to read as follows:
11-38 Sec. 13.0051. COORDINATION WITH TEXAS HISTORICAL COMMISSION;
11-39 REPORT ON PRESERVATION PLANS. The department shall meet regularly
11-40 with the Texas Historical Commission regarding plans to preserve
11-41 and develop historical sites in this state.
11-42 Sec. 13.0052. REPORTS. The department shall periodically
11-43 prepare reports on plans to preserve and develop historical sites
11-44 in this state.
11-45 Sec. 13.0053. REFERENCE TO HISTORICAL SITES. (a) In this
11-46 section, "publication" includes the publication of a book,
11-47 magazine, photograph, poster, or bulletin.
11-48 (b) The department may not refer to a historical site as a
11-49 "historical park":
11-50 (1) in a department publication; or
11-51 (2) on a department marker or sign.
11-52 SECTION 31. Section 13.010, Parks and Wildlife Code, is
11-53 amended to read as follows:
11-54 Sec. 13.010. HISTORIC SITES [LOCATIONS]. The department may
11-55 locate, designate, and suitably mark historic grounds,
11-56 battlefields, and other historic spots in Texas as historic sites.
11-57 Fitting markers may be erected; however, no expense may be incurred
11-58 in the name of the state for this project.
11-59 SECTION 32. Subchapter A, Chapter 77, Parks and Wildlife
11-60 Code, is amended by adding Section 77.005 to read as follows:
11-61 Sec. 77.005. STUDY AND REPORT ON SHRIMP INDUSTRY AND
11-62 RESOURCES. (a) Using the shrimp management plan required by
11-63 Section 77.007 and the research conducted under Section 77.004, the
11-64 department shall comprehensively study shrimp resources, including
11-65 the shrimp population, and the shrimp industry. The study shall
11-66 analyze:
11-67 (1) the status of the shrimp population in coastal
11-68 water, including the size and projected growth of shrimping beds;
11-69 (2) the economic health of the shrimp industry;
12-1 (3) the status of conservation measures, including
12-2 department regulations and license buybacks; and
12-3 (4) the status of marine resources and habitats
12-4 affected by shrimping.
12-5 (b) In conducting the study, the department shall solicit
12-6 and consider input from:
12-7 (1) the public;
12-8 (2) the shrimp industry;
12-9 (3) other businesses affected by the shrimp industry;
12-10 and
12-11 (4) other persons interested in marine resources.
12-12 (c) The department shall report on the status of the study
12-13 to:
12-14 (1) the commission;
12-15 (2) the presiding officer of each house of the
12-16 legislature; and
12-17 (3) the committees of each house of the legislature
12-18 that have primary oversight jurisdiction over the department.
12-19 (d) The department may repeat the study and report as
12-20 necessary to adequately regulate the shrimp industry and to
12-21 preserve shrimp resources.
12-22 (e) The commission shall base policies and rules relating to
12-23 shrimping on the results of the most recent study completed under
12-24 this section.
12-25 SECTION 33. Subdivision (4), Section 11.001, Parks and
12-26 Wildlife Code, is amended to read as follows:
12-27 (4) "Presiding officer" ["Chairman"] means the presiding
12-28 officer [chairman] of the Parks and Wildlife Commission.
12-29 SECTION 34. Section 11.0162, Parks and Wildlife Code, is
12-30 amended to read as follows:
12-31 Sec. 11.0162. ADVISORY COMMITTEES TO COMMISSION. (a) The
12-32 presiding officer [chairman] may appoint committees to advise the
12-33 commission on issues under its jurisdiction.
12-34 (b) The presiding officer [chairman] may adopt rules that
12-35 set the membership, terms of service, qualifications, operating
12-36 procedures, and other standards to ensure the effectiveness of an
12-37 advisory committee appointed under this section.
12-38 SECTION 35. Subsection (b), Section 21.013, Parks and
12-39 Wildlife Code, is amended to read as follows:
12-40 (b) The bonds shall be signed by the presiding officer
12-41 [chairman] and the director, and the seal of the department shall
12-42 be impressed on them.
12-43 SECTION 36. Section 21.014, Parks and Wildlife Code, is
12-44 amended to read as follows:
12-45 Sec. 21.014. FACSIMILE SIGNATURES AND SEALS. In the
12-46 resolution authorizing the issuance of an installment or series of
12-47 bonds, the commission may prescribe the extent to which facsimile
12-48 signatures and facsimile seals instead of manual signatures and
12-49 manually impressed seals may be used in executing the bonds and
12-50 appurtenant coupons. Interest coupons may be signed by the
12-51 facsimile signatures of the presiding officer [chairman] and the
12-52 director.
12-53 SECTION 37. Subsection (b), Section 22.055, Parks and
12-54 Wildlife Code, is amended to read as follows:
12-55 (b) The presiding officer [chairman of the commission], on
12-56 behalf of the department, may execute and deliver the necessary
12-57 instruments to convey the iron ore in place to the purchasers.
12-58 SECTION 38. Subsection (a), Section 81.206, Parks and
12-59 Wildlife Code, is amended to read as follows:
12-60 (a) Sanctuaries shall be set aside and designated by
12-61 proclamation of the commission signed by the presiding officer
12-62 [chairman].
12-63 SECTION 39. (a) The Parks and Wildlife Department shall
12-64 study all outreach and education activities performed under Section
12-65 11.0181, Parks and Wildlife Code, to determine whether the
12-66 activities comply with Subsection (c), Section 11.0181, Parks and
12-67 Wildlife Code, as added by this Act.
12-68 (b) Not later than September 1, 2002, the Parks and Wildlife
12-69 Department shall report to the following entities on the study's
13-1 results:
13-2 (1) the Parks and Wildlife Commission;
13-3 (2) the House Appropriations Committee;
13-4 (3) the House State Recreational Resources Committee;
13-5 (4) the Senate Finance Committee; and
13-6 (5) the Senate Natural Resources Committee.
13-7 (c) Until the report is submitted under Subsection (b) of
13-8 this section, the Parks and Wildlife Commission shall limit
13-9 spending on outreach and education activities performed under
13-10 Section 11.0181, Parks and Wildlife Code, unless the Parks and
13-11 Wildlife Department can prove to the Parks and Wildlife Commission
13-12 that the spending is for an activity that:
13-13 (1) is effective; or
13-14 (2) is required by statute.
13-15 SECTION 40. (a) The Parks and Wildlife Department may not
13-16 acquire a new park, historical site, or wildlife site before:
13-17 (1) the Parks and Wildlife Department has completed
13-18 the inventory required by Section 11.103, Parks and Wildlife Code,
13-19 as added by this Act; and
13-20 (2) the Parks and Wildlife Commission has approved,
13-21 under Section 11.102, Parks and Wildlife Code, as added by this
13-22 Act, the plan prepared by the department under Section 11.104,
13-23 Parks and Wildlife Code, as added by this Act.
13-24 (b) This section does not apply to acquisitions, as
13-25 determined by the Parks and Wildlife Department, that:
13-26 (1) began before the effective date of this Act;
13-27 (2) are within or adjacent to existing Parks and
13-28 Wildlife Department land and increase public access to those
13-29 facilities; or
13-30 (3) are of statewide significance.
13-31 SECTION 41. (a) In this section, "publication" and "youth"
13-32 have the meanings assigned by Section 11.0172, Parks and Wildlife
13-33 Code, as added by this Act.
13-34 (b) To the extent a contract for a publication does not
13-35 expressly allow the Parks and Wildlife Department to terminate the
13-36 contract, retain final approval over the content of the
13-37 publication, including advertising, or request and receive an
13-38 appropriate number of copies of the publication that contain
13-39 advertising that is appropriate for viewing by youth, not later
13-40 than March 1, 2002, the department shall negotiate a modification
13-41 to or otherwise modify the contract to contain provisions allowing
13-42 for:
13-43 (1) termination;
13-44 (2) final approval over the content of the
13-45 publication, including advertising; and
13-46 (3) requesting and receiving an appropriate number of
13-47 copies of the publication that contain advertising that is
13-48 appropriate for viewing by youth.
13-49 SECTION 42. Not later than September 1, 2002, the Parks and
13-50 Wildlife Department shall complete the initial report required
13-51 under Subsection (c), Section 77.005, Parks and Wildlife Code, as
13-52 added by this Act.
13-53 SECTION 43. Not later than October 15, 2002, the Parks and
13-54 Wildlife Department shall prepare the plan required under Section
13-55 11.104, Parks and Wildlife Code, as added by this Act.
13-56 SECTION 44. The changes in law made by this Act in the
13-57 qualifications of, and the prohibitions applying to, the members of
13-58 the Parks and Wildlife Commission do not affect the entitlement of
13-59 a person serving as a member of the commission immediately before
13-60 September 1, 2001, to continue to carry out the functions of the
13-61 person's office for the remainder of the person's term. The
13-62 changes in law apply only to a person appointed on or after
13-63 September 1, 2001. This Act does not prohibit a person who is a
13-64 member of the Parks and Wildlife Commission immediately before
13-65 September 1, 2001, from being reappointed as a commission member if
13-66 the person has the qualifications required for the position under
13-67 Chapter 11, Parks and Wildlife Code, as amended by this Act.
13-68 SECTION 45. This Act takes effect September 1, 2001.
14-1 * * * * *