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