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                                 * * * * *