89R11964 MP-D
 
  By: Curry H.B. No. 4938
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the abolishment of the Parks and Wildlife Department
  and the Parks and Wildlife Commission and the transfer of their
  functions to the General Land Office, Department of Agriculture,
  and Department of Public Safety.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter A, Chapter 1, Parks and
  Wildlife Code, is amended to read as follows:
  SUBCHAPTER A.  REGULATION OF THIS CODE [PURPOSE AND POLICY]
         SECTION 2.  Subchapter A, Chapter 1, Parks and Wildlife
  Code, is amended by adding Sections 1.003, 1.004, and 1.005 to read
  as follows:
         Sec. 1.003.  REGULATING ENTITIES. Subject to the memorandum
  of understanding entered into under Section 1.004, the powers,
  duties, and functions of the former Parks and Wildlife Department
  and former Parks and Wildlife Commission are transferred to the
  General Land Office, Department of Agriculture, and Department of
  Public Safety and their applicable commissioner or governing body
  as follows:
               (1)  the General Land Office shall administer the
  provisions of this code, including Chapters 13 and 14, Title 3, and
  Subtitles E, F, and I, Title 5, relating to the regulation of parks,
  natural areas, wildlife management areas, fish hatcheries,
  historic sites, or other public land, including any bodies of
  water, formerly under the jurisdiction of the Parks and Wildlife
  Department; 
               (2)  the Department of Agriculture shall administer the
  provisions of this code, including Subtitles A, B, C, D, G, and H,
  Title 5, and Title 6, relating to native plants, wildlife, or the
  conservation or management of native plants or wildlife, including
  hunting and fishing; and
               (3)  the Department of Public Safety shall administer
  the provisions of this code, including Title 4, relating to the
  enforcement of this code, game wardens, or water safety, including:
                     (A)  the operation of vessels, other than
  commercial fishing provisions under Title 5 relating to vessels;
                     (B)  equipment for vessels; and
                     (C)  the identification, numbering, and titling
  of vessels.
         Sec. 1.004.  MEMORANDUM OF UNDERSTANDING. (a)  The General
  Land Office, Department of Agriculture, and Department of Public
  Safety shall enter into a memorandum of understanding regarding the
  transfer of the powers, duties, and functions from the former Parks
  and Wildlife Department and former Parks and Wildlife Commission to
  each entity under Section 1.003.
         (b)  The memorandum of understanding must:
               (1)  identify in detail the applicable powers, duties,
  and functions of each entity under this code and the specific
  provisions of this code administered by each entity; and
               (2)  ensure that each power, duty, and function of the
  former Parks and Wildlife Department and former Parks and Wildlife
  Commission is assumed among the entities.
         (c)  The General Land Office, Department of Agriculture, and
  Department of Public Safety may revise the memorandum of
  understanding as necessary to administer each entity's powers,
  duties, and functions under this code.
         Sec. 1.005.  REFERENCES IN LAW TO FORMER PARKS AND WILDLIFE
  DEPARTMENT OR FORMER PARKS AND WILDLIFE COMMISSION. A reference in
  any law to the Parks and Wildlife Department or the Parks and
  Wildlife Commission means the appropriate entity transferred
  regulatory authority under Section 1.003 and in accordance with the
  memorandum of understanding entered into under Section 1.004.
         SECTION 3.  Sections 11.002, 11.011, 11.0111, 11.012,
  11.0121, 11.0122, 11.0123, 11.0124, 11.0125, 11.0126, 11.013,
  11.014, 11.015, 11.0151, 11.016, 11.0161, 11.0162, 11.0163,
  11.0164, 11.0165, 11.017, 11.018, 11.0182, 11.0183, 11.021,
  11.022, 11.023, and 11.024, Parks and Wildlife Code, are repealed.
         SECTION 4.  (a)  Effective September 1, 2027:
               (1)  the powers, duties, and functions of the Parks and
  Wildlife Department and Parks and Wildlife Commission are
  transferred to the General Land Office, Department of Agriculture,
  and Department of Public Safety and their applicable commissioner
  or governing body in accordance with this Act;
               (2)  all rules of the Parks and Wildlife Commission are
  continued in effect as rules of the appropriate entity described by
  Subdivision (1) of this subsection in accordance with this Act
  until superseded by a rule of the entity;
               (3)  a form, policy, procedure, or decision of the
  Parks and Wildlife Department or Parks and Wildlife Commission is
  continued in effect as a form, policy, procedure, or decision of the
  appropriate entity described by Subdivision (1) of this subsection
  in accordance with this Act until superseded by a rule of the
  entity;
               (4)  an employee of the Parks and Wildlife Department
  or Parks and Wildlife Commission becomes an employee of the
  appropriate entity described by Subdivision (1) of this subsection
  in accordance with this Act;
               (5)  all money, contracts, rights, property, and
  records of the Parks and Wildlife Department and Parks and Wildlife
  Commission are transferred to the appropriate entity described by
  Subdivision (1) of this subsection in accordance with this Act; and
               (6)  the unobligated and unexpended balance of any
  appropriations made to the Parks and Wildlife Department and Parks
  and Wildlife Commission is transferred to the appropriate entity
  described by Subdivision (1) of this subsection in accordance with
  this Act.
         (b)  A license, permit, or other authorization issued by the
  Parks and Wildlife Department is continued in effect as provided by
  the law in effect immediately before the effective date of this Act.  
  A complaint, investigation, or other proceeding relating to a
  license, permit, or other authorization issued by the Parks and
  Wildlife Department that is pending on the effective date of this
  Act is continued without change in status after the effective date
  of this Act.  An activity conducted by the Parks and Wildlife
  Department relating to a license, permit, or other authorization
  issued by the Parks and Wildlife Department is considered to be an
  activity conducted by the appropriate entity described by
  Subsection (a)(1) of this section in accordance with this Act.
         (c)  The Parks and Wildlife Department and Parks and Wildlife
  Commission shall continue, as necessary, to perform the duties and
  functions being transferred to the appropriate entity described by
  Subsection (a)(1) of this section in accordance with this Act until
  the transfer of agency powers, duties, and functions is complete.
         (d)  The Parks and Wildlife Department and Parks and Wildlife
  Commission and the General Land Office, Department of Agriculture,
  and Department of Public Safety shall enter into a memorandum of
  understanding as necessary to effect the transfer of powers,
  duties, and functions under this Act.
         SECTION 5.  The Texas Legislative Council shall prepare for
  consideration by the 90th Legislature a nonsubstantive revision of
  the Texas codes and revised statutes that:
               (1)  changes each reference to the "Parks and Wildlife
  Department" and "Parks and Wildlife Commission" to the appropriate
  entity described by Section 4(a)(1) of this Act; and
               (2)  makes other nonsubstantive revisions as necessary
  to conform to the changes in law made by this Act.
         SECTION 6.  This Act takes effect September 1, 2025.