81R4920 SGA-D
 
  By: Hegar S.B. No. 1010
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Parks and
  Wildlife Department; changing the elements of an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.0111, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 11.0111.  SUNSET PROVISION.  The Parks and Wildlife
  Department is subject to Chapter 325, Government Code (Texas Sunset
  Act). Unless continued in existence as provided by that chapter,
  the department is abolished September 1, 2021 [2009].
         SECTION 2.  Section 11.012(c), Parks and Wildlife Code, is
  amended to read as follows:
         (c)  Commission [Three commission] members must be members
  of the general public and meet the qualifications provided by
  Section 11.0121 [of this code].
         SECTION 3.  Sections 11.0161(a), (b), (c), and (d), Parks
  and Wildlife Code, are amended to read as follows:
         (a)  The commission shall prepare information of public
  interest describing the functions of the commission [and describing
  the commission's procedures by which complaints are filed with and
  resolved by the commission]. The commission shall make the
  information available to the general public and appropriate state
  agencies.
         (b)  The department shall maintain a system to promptly and
  efficiently act on complaints [file on each written complaint]
  filed with the department that the department has the authority to
  resolve. The department shall maintain information about parties
  to the complaint, the subject matter of the complaint, [file must
  include:
               [(1)  the name of the person who filed the complaint;
               [(2)     the date the complaint is received by the
  department;
               [(3)  the subject matter of the complaint;
               [(4)     the name of each person contacted in relation to
  the complaint;
               [(5)]  a summary of the results of the review or
  investigation of the complaint, and its disposition [; and
               [(6)     an explanation of the reason the file was closed,
  if the department closed the file without taking action other than
  to investigate the complaint].
         (c)  The department shall make information available
  describing its [provide to the person filing the complaint and to
  each person who is a subject of the complaint a copy of the
  department's policies and] procedures for [relating to] complaint
  investigation and resolution.
         (d)  The department[, at least quarterly until final
  disposition of the complaint,] shall periodically notify the
  [person filing the] complaint parties [and each person who is a
  subject of the complaint] of the status of the complaint until final
  disposition [investigation unless the notice would jeopardize an
  undercover investigation].
         SECTION 4.  Subchapter B, Chapter 11, Parks and Wildlife
  Code, is amended by adding Sections 11.0163, 11.0164, and 11.0174
  to read as follows:
         Sec. 11.0163.  USE OF TECHNOLOGY. The commission shall
  implement a policy requiring the department to use appropriate
  technological solutions to improve the department's ability to
  perform its functions. The policy must ensure that the public is
  able to interact with the department on the Internet.
         Sec. 11.0164.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop
  and implement a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of department rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the department's
  jurisdiction.
         (b)  The department's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The commission shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the department.
         Sec. 11.0174.  INTERNAL AFFAIRS OFFICE.  (a)  The executive
  director shall establish the office of internal affairs.
         (b)  The office of internal affairs has original
  departmental jurisdiction over all investigations of cases
  alleging criminal conduct occurring on department property by
  on-duty department employees or by officers commissioned by the
  department performing off-duty work related to their official
  duties. The office shall oversee and review, but need not conduct,
  all investigations under this section.
         (c)  An investigation under this section may be initiated
  only by the executive director or the commission.
         (d)  The executive director shall appoint the head of the
  office of internal affairs. The head of the office of internal
  affairs serves until removed by the executive director.
         (e)  The head of the office of internal affairs shall:
               (1)  report directly to the executive director
  regarding performance of and activities related to investigations;
               (2)  report to the executive director for
  administrative purposes; and
               (3)  provide the executive director or commission with
  information regarding investigations as appropriate.
         (f)  The head of the office of internal affairs shall present
  at each regularly scheduled commission meeting and at other
  appropriate times a summary of information relating to
  investigations conducted under this section that includes analysis
  of the number, type, and outcome of investigations, trends in the
  investigations, and any recommendations to avoid future
  complaints.
         SECTION 5.  Section 12.0011, Parks and Wildlife Code, is
  amended by adding Subsections (c) and (d) to read as follows:
         (c)  A local or state agency that receives a department
  recommendation or informational comment under Subsection (b) shall
  respond to the department in writing concerning the recommendation
  or comment. A response must include for each recommendation or
  comment provided by the department:
               (1)  a description of any modification made to the
  proposed project, fish and wildlife resource decision, or water
  flow schedule resulting from the recommendation or comment;
               (2)  any other disposition of the recommendation or
  comment; and
               (3)  as applicable, any reason the agency disagreed
  with or did not act on or incorporate the recommendation or comment.
         (d)  A response under Subsection (c) is public information
  under Chapter 552, Government Code.
         SECTION 6.  Section 66.007, Parks and Wildlife Code, is
  amended by amending Subsections (b), (c), and (e) and adding
  Subsections (m), (n), (o), (p), (q), and (r) to read as follows:
         (b)  The department shall publish a list of:
               (1)  exotic fish and exotic[,] shellfish[, and aquatic
  plants] for which a permit under Subsection (a) [of this section] is
  required; and
               (2)  exotic aquatic plants, as provided by Subsections
  (m), (n), (o), (p), (q), and (r), that are approved for importation
  into or possession in this state without a permit.
         (c)  The department shall make rules to carry out the
  provisions of this section.  The rules that relate to exotic aquatic
  plants must be as permissive as possible without allowing the
  importation of plants that pose environmental, economic, or health
  problems.
         (e)  In this section:
               (1)  "Approved list" means the list published by the
  department under Subsection (b)(2) of exotic aquatic plants that a
  person may import into or possess in this state without an exotic
  species permit issued by the department.
               (2)  "Exotic [, exotic fish, shellfish, or] aquatic
  plant" means a nonindigenous [fish, shellfish, or] aquatic plant
  that is not normally found in the public water of this [the] state.
               (3)  "Exotic fish" means a nonindigenous fish that is
  not normally found in the public water of this state.
               (4)  "Exotic shellfish" means a nonindigenous
  shellfish that is not normally found in the public water of this
  state.
         (m)  A person may not import into or possess in this state an
  exotic aquatic plant unless:
               (1)  the plant is on the approved list; or
               (2)  the person has an exotic species permit issued by
  the department.
         (n)  In compiling the approved list, the department shall
  develop a process to evaluate the potential harm that may be caused
  by the importation of exotic aquatic plant species into this state.
  The process must include the use of:
               (1)  a risk assessment model to help determine the
  potential harm of a species to the aquatic environment;
               (2)  published scientific research findings;
               (3)  findings from other regulatory agencies; or
               (4)  scientific analyses from third-party
  laboratories.
         (o)  The approved list must include an exotic aquatic plant
  that:
               (1)  is widespread in this state; and
               (2)  is not, as determined by the department, a cause of
  economic, environmental, or health problems.
         (p)  The commission shall delegate to the executive director
  authority to develop an expedited process for obtaining approval
  for inclusion on the approved list of a previously unknown exotic
  aquatic plant. The commission may remove an exotic aquatic plant
  from the approved list if the results of further analysis conducted
  under Subsection (n) indicate that the plant should not be on the
  list.
         (q)  The commission shall exercise final approval for the
  inclusion of each plant on the approved list.
         (r)  In accordance with commission rules, the department may
  issue an exotic species permit to a permit applicant for an exotic
  aquatic plant not on the approved list if the proposed use of the
  plant is:
               (1)  as an experimental organism in a medical or other
  scientific research program approved by the department; or
               (2)  as part of an exhibit approved by the department in
  a public aquarium or public zoo.
         SECTION 7.  Section 66.0071, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 66.0071.  REMOVAL OF HARMFUL AQUATIC PLANTS. On
  leaving any public or private body of water in this state, a person
  shall immediately remove and lawfully dispose of any exotic
  [harmful or potentially harmful] aquatic plant not included on the
  approved list published under Section 66.007(b) that is clinging or
  attached to the person's:
               (1)  vessel or watercraft; or
               (2)  trailer, motor vehicle, or other mobile device
  used to transport or launch a vessel or watercraft.
         SECTION 8.  Title 6, Parks and Wildlife Code, is amended by
  adding Chapter 92 to read as follows:
  CHAPTER 92.  INTERSTATE WILDLIFE VIOLATOR COMPACT
         Sec. 92.001.  MEMBERSHIP IN INTERSTATE WILDLIFE VIOLATOR
  COMPACT.  (a)  On behalf of this state, the commission may enter
  into the Interstate Wildlife Violator Compact.
         (b)  If necessary to protect the interests of this state, the
  commission may withdraw from the Interstate Wildlife Violator
  Compact in accordance with the terms of the compact.
         SECTION 9.  (a)  The department and the Texas Youth
  Commission jointly shall seek representation by the attorney
  general to pursue a modification of the terms and purposes of the
  Parrie Haynes Trust.
         (b)  The legislature intends that a modification of the terms
  and purposes of the Parrie Haynes Trust be pursued so that:
               (1)  the department may be designated as the state
  agency responsible for the trust, including all trust property and
  investments, and rights associated with the trust;
               (2)  control of the Parrie Haynes Ranch may be
  transferred to the department; and
               (3)  the purposes of the trust may be appropriately
  expanded to include benefiting disadvantaged and other youths of
  this state.
         (c)  This section expires on the earlier of:
               (1)  the date a court orders modification of the Parrie
  Haynes Trust in accordance with this section; or
               (2)  September 1, 2021.
         SECTION 10.  The change in law made by this Act in the
  qualifications of the members of the Parks and Wildlife Commission
  does not affect the entitlement of a person serving as a member of
  the commission immediately before September 1, 2009, to continue to
  carry out the functions of the person's office for the remainder of
  the person's term. The change in law applies only to a person
  appointed on or after September 1, 2009. This Act does not prohibit
  a person who is a member of the Parks and Wildlife Commission
  immediately before September 1, 2009, from being reappointed as a
  commission member if the person has the qualifications required for
  the position under Chapter 11, Parks and Wildlife Code, as amended
  by this Act.
         SECTION 11.  The change in law made by this Act to Section
  11.0161, Parks and Wildlife Code, applies only to a complaint filed
  with the Parks and Wildlife Commission or the Parks and Wildlife
  Department on or after September 1, 2009. A complaint filed before
  September 1, 2009, is governed by the law in effect at the time the
  complaint was filed, and the former law is continued in effect for
  that purpose.
         SECTION 12.  Section 12.0011(c), Parks and Wildlife Code, as
  added by this Act, applies only to a recommendation or
  informational comment received by a local or state governmental
  agency from the Parks and Wildlife Department on or after September
  1, 2009. A recommendation or informational comment received by a
  local or state governmental agency from the Parks and Wildlife
  Department before September 1, 2009, is governed by the law in
  effect at the time the recommendation or informational comment was
  received, and the former law is continued in effect for that
  purpose.
         SECTION 13.  (a)  Not later than September 1, 2010, the Parks
  and Wildlife Department shall publish the initial list of approved
  exotic aquatic plants as provided by Section 66.007(b), Parks and
  Wildlife Code, as amended by this Act.
         (b)  The Parks and Wildlife Department may not enforce the
  permit requirements or prohibited actions regarding exotic aquatic
  plants that are not on the approved list under Section 66.007(b),
  Parks and Wildlife Code, as amended by this Act, before September 1,
  2010.
         (c)  The department shall continue to publish a list of
  harmful or potentially harmful exotic aquatic plants for which,
  through August 31, 2010, a permit under Section 66.007(a), Parks
  and Wildlife Code, is required. The department is not required to
  maintain or publish that list after August 31, 2010.
         (d)  The Parks and Wildlife Department may not enforce the
  permit requirements or prohibited actions regarding exotic aquatic
  plants on the list of harmful or potentially harmful plants under
  Section 66.007, Parks and Wildlife Code, as that section existed
  before amendment by this Act, on or after September 1, 2010.
         SECTION 14.  This Act takes effect September 1, 2009.