Texas Parks and Wildlife Commission
Public Hearing
May 30, 2002
Commission Hearing RoomTexas Parks & Wildlife Department Headquarters Complex
4200 Smith School Road
Austin, TX 78744
1
6 BE IT REMEMBERED that heretofore on the
7 30TH day of MAY 2002, there came on to be heard
8 matters under the regulatory authority of the
9 Parks and Wildlife Commission of Texas, in the
10 commission hearing room of the Texas Parks and
11 Wildlife Headquarters complex, Austin, Travis
12 County, Texas, beginning at 9:01 a.m., to wit:
13
14
APPEARANCES:
15 THE PARKS AND WILDLIFE COMMISSION:
16 Katharine Armstrong Idsal, San Antonio, Texas,
Chairman
17 Ernest Angelo, Jr., Vice Chairman, Midland, Texas
John Avila, Jr., Fort Worth, Texas
18 Joseph B.C. Fitzsimons, San Antonio, Texas
Alvin L. Henry, Houston, Texas
19 Philip Montgomery, III, Dallas, Texas
Donato D. Ramos, Laredo, Texas
20 Kelly W. Rising, M.D., Beaumont, Texas
Mark E. Watson, Jr., San Antonio, Texas
21
22
THE PARKS AND WILDLIFE DEPARTMENT:
23 Robert L. Cook, Executive Director, and other
personnel of the Parks and Wildlife Department.
24
25
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2
1 OTHER APPEARANCES:
2
3 Ellis Gilleland
4 "Texas Animals"
5 P.O. Box 9001
6 Austin, Texas 78760
7
8 Kirby Brown
9 Texas Wildlife Association
10 401 Isom Road, Ste 237
11 San Antonio, Texas 78216
12
13 Karl Kinsel
14 TDA
15 5413 Bandera, Ste 405
16 San Antonio, Texas 78238
17
18 Roger Soape
19 450 Gears Road, Suite 780
20 Houston, Texas 77067
21
22
23
24
25
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3
1 MAY 30, 2002
2
3 MORNING SESSION:
4 *-*-*-*-*
5 PUBLIC HEARING
6 *-*-*-*-*
7
8
9 CHAIRMAN IDSAL: Greetings everyone.
10 The meeting is called to order. Before proceeding
11 with any business, I believe Mr. Cook has a
12 statement to make.
13 MR. COOK: Madam Chairman,
14 Commissioners, a public notice of this meeting
15 containing all items on the proposed agenda has
16 been filed in the office of the Secretary of State
17 as required by Chapter 551 of the Government Code,
18 referred to as the Open Meetings Law. I would
19 like for this action to be noted in the official
20 record of this meeting.
21 So that everyone will have a chance
22 to address the Commission in an orderly fashion,
23 the following ground rules will be followed during
24 our meeting today. The Chairman is in charge of
25 the meeting. And by law, it is her duty to
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4
1 preserve order, direct the order of the hearing,
2 and recognize persons to be heard. I will be
3 assisting the Chairman today as sergeant-at-arms
4 of we have sign-up cards for everyone wishing to
5 speak out here at the desk. So if you have
6 comments that you want to make, you need to get
7 signed up on a sign-up card and get that turned in
8 up here.
9 The Chairman will call names from
10 those cards one at a time. She will also -- when
11 she calls a person up, she will name the next
12 person to be kind of on-deck.
13 Each person will be allowed to speak
14 from the podium one at a time. When your name is
15 called, please come to the podium, state your name
16 and who you represent, if anyone other than
17 yourself. Then state your position on the agenda
18 item under consideration and add supporting facts
19 that will help the Commission understand your
20 concern. Please limit your remarks to the
21 specific agenda item under consideration. Each
22 person who wants to address the Commission will
23 have three minutes to speak. I will keep track of
24 the time and notify you when your three minutes is
25 up with this little handy dandy light right here.
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5
1 When your time is up, please resume your seat so
2 that others may speak. Your time may be extended
3 if a commissioner has a question for you. If the
4 Commission -- Commissioners ask a question or
5 discuss something among themselves, that time will
6 not be counted against you. Statements that are
7 merely argumentative or critical of others will
8 not be tolerated. There is a microphone at the
9 podium, so it is not necessary to raise your
10 voice. I also ask that you show proper respect
11 for the Commissioners as well as the other members
12 of the audience. You will not be recognized out
13 of turn by raising your hand or interrupting
14 others. Disruptive or offensive behavior will be
15 grounds for immediate ejection from the meeting.
16 If you would like to submit written materials to
17 the Commission, please give them to Ms. Lori
18 Estrada, who is seated here to my right.
19 Ms. Estrada will pass the written materials out to
20 the Commission. Thank you.
21 CHAIRMAN IDSAL: Thank you,
22 Mr. Cook. Next is the approval of the minutes
23 which have already been distributed.
24 VICE-CHAIRMAN ANGELO: Madam
25 Chairman, I've submitted to Lori some minor
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6
1 corrections and with those corrections, I'd move
2 approval of the minutes.
3 CHAIRMAN IDSAL: Move approval by
4 Commissioner Angelo. Do I have a second?
5 COMMISSIONER RAMOS: I'll second.
6 CHAIRMAN IDSAL: A second by
7 Commissioner Ramos. All in favor?
8 ("Aye.")
9 CHAIRMAN IDSAL: All opposed?
10 Motion carried.
11 (Motion passed unanimously.)
12 CHAIRMAN IDSAL: Next is the
13 acceptance of gifts which have also been
14 distributed. Is there a motion for approval?
15 COMMISSIONER AVILA: So moved.
16 COMMISSIONER RAMOS: Second.
17 CHAIRMAN IDSAL: All in favor?
18 ("Aye.")
19 CHAIRMAN IDSAL: All opposed?
20 Hearing none, motion carries.
21 (Motion passed unanimously.)
22
23 TPWD DONATIONS OF $500 OR MORE
24 (Donors are listed in the following order:
25 Donor; Description; Purpose of Donation)
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7
1
2 (1) Kerr McGee Oil and Gas Corp, CASH, Artificial
Reef Program.
3 (2) Ocean Energy Corp, CASH, Artificial Reef
Program.
4 (3) Apache Oil Corp, CASH, Artificial Reef
Program.
5 (4) UNOCAL, CASH, Artificial Reef Program.
(5) Kerr McGee Oil and Gas Corp, CASH, Artificial
6 Reef Program.
(6) Global Industries Offshore, LLC, CASH,
7 Artificial Reef Program.
(7) Friends Group of Choke Canyon, Equipment,
8 Choke Canyon SP.
(8) Realtree, CASH, Great TexasBirding Classic.
9 (9) Fermata, Inc., CASH, Great Texas Birding
Classic.
10 (10) Texas Wildlife Association, CASH, Great
Texas Birding Classic.
11 (11) Weslaco Area COC, CASH, Great Texas Birding
Classic.
12 (12) City of Texas City, CASH, Great Texas
Birding Classic.
13 (13) City of Bay City, CASH, Great Texas Birding
Classic.
14 (14) Coastal Conservation Association, Equipment,
Environmental Crimes.
15 (15) NIBCO, Brass Steam Valves, Texas State
Railroad.
16 (16) Mr. David Kline, Stone Bench, Perdenales
Falls SP.
17 (17) Friends of Pedernales Falls SP, Radios,
Pedernales Falls SP.
18 (18) Ducks Unlimited of Texas, CASH, Conservation
License Plate.
19 (19) Friends of Monument Hill SP, Light
Infrastructure, Dawson/Mier Tomb.
20 (20) Boat Ed., CASH, Boater Education.
(21) National Skeet Shooting Assn. And National
21 Sporting Clays Assn., CASH, Hunter Education
- Youth Shooting.
22 (22) University of Texas Pan American Foundation,
CASH, Hunter Education.
23 (23) Coastal Conservation Association, Night
Vision Monocular, Region IV Game Wardens.
24 (24) Mr. Rick Behrend, CASH, Law Enforcement.
(25) Mr. Chuck Lobb, Generator, Matagorda Island
25 SP.
(26) Texas Wildlife Association, Ammunition,
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8
1 Youth Shooting Event on Chaparral.
2 TOTAL: 1,267,880.33
3
4
5 CHAIRMAN IDSAL: Next are the
6 retirement certificates and service awards.
7 Mr. Cook, would you please make the presentations.
8 MR. COOK: Thank you, Madam
9 Chairman. If you'll join me down front.
10 The first person that we have to
11 honor here today is -- with a retirement
12 certificate is a gentleman that many of us know
13 and have known well for a long time. Kirby Brown
14 was in the wildlife division for 24 years, served
15 as a manager for five here in Austin in the
16 headquarters. Kirby was a 1977 graduate of Texas
17 A&M university with a master's in wildlife science
18 and he retired from the Texas Parks and Wildlife
19 Department after 24 years of service. In that
20 time, he served as a biologist on the statewide
21 Habitat Mapping Project, a district biologist in
22 Central Texas, area manager of the J.D. Murphree
23 Wildlife Management Area, program director for our
24 Private Lands Enhancement and Public Hunting
25 program. And his last position with the agency
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9
1 was as Chief of the Private Lands and Habitat
2 Branch.
3 While involved in those programs,
4 Kirby did a lot of work with the technical
5 assistance program with private landowners, our
6 cowbird trapping programs, the landowner incentive
7 programs, youth hunting, and our conservation
8 easement and land trust programs.
9 Programs that were initiated during
10 Kirby's tenure include the "Making Tracks
11 Landowner Newsletter," our Private Lands Advisory
12 Board, and our Lone Star Land Steward Awards,
13 which you folks were all in attendance last night
14 and we all enjoyed very much.
15 Kirby helped us in many different
16 ways. One of the ways he worked with us also
17 through his legislative involvement including some
18 significant accomplishments there; the Wildlife
19 Management Tax Valuation and Proposition 11,
20 landowner liability concerns, and the
21 confidentiality of wildlife management plans.
22 Kirby has left us. We miss him. He
23 is now serving as executive director of the Texas
24 Wildlife Association. We wish him the best of
25 luck, of course. Kirby Brown.
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10
1 (Photographs taken; applause.)
2 MR. COOK: I've got a feeling we'll
3 be seeing a lot of Kirby Brown, and I hope so.
4 He's a good friend and a good conservationist.
5 There are several people in our
6 service awards today that I know well and mean a
7 lot to this agency, the first of which we'll have
8 to be a little tolerant of because he had a little
9 accident and fell out of a tree, as his wife says.
10 So he's hobbling around a little bit. But this is
11 a gentleman I want you all to know something
12 about. Bob Carroll is a wildlife biologist. He's
13 a manager II in La Grange, Texas. He's been with
14 the Texas Parks and Wildlife Department 35 years.
15 And I hope he has no intention of leaving us
16 anytime soon. Bob first worked with TPWD as a
17 summer student in 1965 in Llano County under the
18 supervision of Jack Ward Thomas. And that summer,
19 he set his goal to become a wildlife biologist for
20 Texas Parks and Wildlife Department. He began his
21 career with TPWD in April of 1997 [sic] as a field
22 biologist on the Post Oak Savannah District around
23 Columbus. In 1976, Bob was promoted to district
24 leader of the 21 county Edwards Plateau Regulatory
25 District and was stationed in Kerrville. In 1980,
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11
1 he transferred back to the Post Oak Savannah
2 District and has served as a district leader for
3 the past 22 years in La Grange. Bob has had a
4 tremendous impact and has taken great pride in his
5 work. His involvement and achievements with the
6 white-tailed deer program in Texas -- had many
7 involvement and achievements in the white-tailed
8 deer program in Texas over the past 35 years. Bob
9 has been a good wildlife biologist, a very
10 professional person in his jobs, his duties. He's
11 conducted a number of excellent research projects.
12 One of the things that I am most proud of him for
13 is the young people that he has hired, trained,
14 and brought up. And I know that he is proud of
15 that, also. He's an old friend, obviously, of
16 mine. And if you need, you know, a third-hand in
17 a 42 game, he's a pretty fair 42 player. Bob
18 Carroll.
19 (Photographs taken; applause.)
20 MR. COOK: I complimented him on his
21 shoes this morning.
22 Gary Tarpley has been in the law
23 enforcement division of the Texas Parks and
24 Wildlife Department 35 years. He's currently
25 commander at Fort Worth, Texas. Gary Tarpley
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12
1 began his meritorious service with the Texas Parks
2 and Wildlife Department when he was accepted into
3 the 19th Texas Game Warden Academy in 1966. Upon
4 completion at the Academy in February 1967, he was
5 assigned to Caldwell County where he served for
6 two years. In 1969, Gary was transferred to
7 Dallas County for a three-year period. In 1972,
8 he transferred to Rockwall County where he was
9 instrumental in the abolishment of Rough Fish
10 Contracts in Texas. After his extensive
11 undercover work, his findings were presented to
12 the Commission, who then abolished that program.
13 In 1983, Gary was promoted to lieutenant in the
14 Fort Worth Regional Office until 1993, when he was
15 promoted to his present position as Regional
16 Major.
17 In April of 1993, Gary received the
18 National Water Safety Congress Award for
19 implementing the first BWI task force. Gary
20 Tarpley, law enforcement division, Fort Worth,
21 Texas.
22 (Photographs taken; applause.)
23 MR. COOK: Another person that I
24 know well, Betty Jo Johnson, staff services
25 officer, state parks division in La Porte, Texas
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13
1 has 30 years of service with the Texas Parks and
2 Wildlife Department. Betty Jo Johnson began her
3 employment with Texas Parks and Wildlife
4 Department in March of 1972 in the typing pool for
5 the finance division. She was soon promoted to
6 secretary for the accounting branch. In July
7 1981, Betty transferred to the San Jacinto
8 Battleground Historical Park. In January 1984,
9 she was promoted to the position of regional
10 secretary/office manager for State Parks Regional
11 Office in La Porte. She is currently the staff
12 services officer/regional administrative
13 specialist at La Porte where she remains today.
14 Betty Jo Johnson, State Parks Division, 30 years.
15 (Photographs taken; applause.)
16 MR. COOK: Robert L. Singleton, Jr.,
17 known as Bob to all of us who know him and know
18 him well, manager IV in the Infrastructure
19 Division here in Austin, Texas has 30 years of
20 service with the Texas Parks and Wildlife
21 Department. He began his career with TPWD in
22 March 1972 when the Master Planning Program was
23 under the Parks Division. As a licensed
24 architect, he has served in various positions over
25 the years, such as park planner, project manager,
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14
1 and acting head of the master planning program.
2 Bob has been responsible for preparing
3 environmentally sensitive park development plans
4 for numerous State Parks during his 30-year
5 tenure, including Texas State Railroad, Mustang
6 Island, Guadalupe River, Brazos Bend, Caprock
7 Canyons, Lake Ray Roberts, Matagorda Island, Choke
8 Canyon, Franklin Mountains, Big Bend Ranch and
9 many others. Bob is currently the TxDOT program
10 coordinator under Infrastructure. The TxDOT
11 program is an annual $5 million program funded to
12 develop and maintain the road and parking system
13 for our State Parks and wildlife management areas
14 across the state. Bob Singleton, 30 years of
15 service, Infrastructure Division.
16 (Photographs taken; applause.)
17 MR. COOK: Joe Warren is with the
18 Inland Fisheries Division. He's a manager V in
19 Electra, Texas. He's been with the Texas Parks
20 and Wildlife Department 30 years. Joe began his
21 career in March 1972 at the Jasper State Fish
22 Hatchery as a maintenance worker. He worked as a
23 fish and wildlife technician at Sheldon and
24 Louisville state fish hatcheries before returning
25 to Jasper as a hatchery manager in 1976. In 1981,
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15
1 he moved to the Wichita Falls area to manage the
2 Dundee State Fish Hatchery. He was promoted in
3 1986 to regional director and now manages two
4 hatcheries and the statewide production programs
5 for striped bass, hybrid striped bass, catfish,
6 sunfish, walleye, and saugeye. He has cultured
7 over 17 species of fish while in the hatchery
8 system. Joe is well-known and respected
9 throughout the hatchery world and has made
10 numerous presentations at regional, national, and
11 international meetings dealing with fish culture.
12 Joe Warren, Inland Fisheries Division, 30 years.
13 (Photographs taken; applause.)
14 MR. COOK: Jerry Bartel is in the
15 State Parks Division. He has 25 years of service.
16 He's manager II at Needville, Texas. Jerry began
17 his career at Lake Brownwood State Park as a
18 seasonal worker in March 1977. After his seasonal
19 employment, he was hired as a Park Ranger I and
20 promoted through the ranks to Park Superintendent
21 I-Assistant Park Manager. He was commissioned as
22 a park peace officer in 1981 and worked at Lake
23 Somerville-Nails Creek as a Park Manager. In
24 1990, he became the Park Ranger III-Park Manager
25 at Brazos Bend State Park where he remains today.
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16
1 I saw Jerry back there a while ago
2 and I had a chance to drop by Brazos Bend a couple
3 of weeks ago one afternoon. I wasn't anticipating
4 being there and Jerry was out-of-pocket and didn't
5 get to see him. But when I go into a park, I
6 always kind of look at their back door. And I can
7 tell you a lot about a park manager by looking at
8 his back door. And his maintenance shop, his
9 storage area, his barn, his facilities kind of on
10 that little road that says no entry, tip-top, spic
11 and span, well-organized, and very clean. Jerry
12 Bartel, 25 years of service.
13 (Photographs taken; applause.)
14 MR. COOK: Ol' Jerry will probably
15 have them guys out there scrubbing that back door
16 now.
17 Somebody said something to me one
18 day about Buddy Turner and I tried to call him on
19 the phone and I tried to look up his phone number
20 and I couldn't find it. And it's under Lawson
21 Turner. And we all know him as Buddy Turner in
22 the Law Enforcement Division. He's got 25 years
23 of service, assistant commander here in Austin,
24 Texas. Buddy Turner graduated from the Texas Game
25 Warden Academy in College Station in January of
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17
1 1972. In the following 30 years, he has served as
2 a field game warden, game warden academy training
3 instructor, undercover operative and environmental
4 crimes enforcement officer. He has also taken
5 some time away from the Department to return to
6 school. He also served two terms as the president
7 of Texas Game Warden Association. Presently,
8 Buddy serves as assistant chief of wildlife
9 enforcement here at the Austin headquarters. With
10 25 years of service, L.D. "Buddy" Turner.
11 (Photographs taken; applause.)
12 MR. COOK: Bruce Biedermann with the
13 Law Enforcement Division at Lubbock, Captain, with
14 20 years of service. Bruce started with TPWD in
15 1982 as a fish and wildlife technician (boat mate)
16 aboard the offshore patrol boat Captain Williams
17 out of Brownsville, Texas. He obtained a boat
18 captain's license while in that position. In
19 January of 1985, he attended the Game Warden
20 Academy. His first duty assignment as a game
21 warden was in Willacy County in the town of Port
22 Mansfield. He remained at that station for 16
23 years. During his stay there, he saw the town and
24 that community transition from a commercial
25 fishing area, which, of course, sometimes for a
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18
1 game warden is a real test of skills and
2 abilities, into a sport fishing hotspot on the
3 Texas coast that welcomed the presence of a Texas
4 Parks and Wildlife Department game warden. In
5 1992, he attended the marine law enforcement
6 training program at the Federal Law Enforcement
7 Training Center in Georgia and received the
8 honored graduate position for that class. In
9 March of 2000, Bruce transferred to Brewster
10 County in the town of Alpine. Two months later,
11 in May of the year 2000, he received a promotion
12 to Captain Game Warden in Region VI, District II,
13 where he currently supervises 12 game wardens that
14 cover 24 counties. Bruce is also in our natural
15 leader program. Bruce Biedermann, Law Enforcement
16 Division, with 20 years of service.
17 (Photographs taken; applause.)
18 MR. COOK: Someone that we all know
19 here in Austin and have all worked with and all
20 enjoy, Emily Carter in the Communication Division
21 with 20 years of service is a program
22 administrator IV here in Austin. Emily joined
23 TPWD in 1982 as a seasonal employee on the
24 archeological crew at Fanthorp Inn State Historic
25 Site. She then accepted a full-time position
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19
1 researching the Texas Outdoor Recreation Plan. As
2 part of the 1985 planning team for the Texas
3 Sesquicentennial Celebration, her writing skills
4 were put to work and her career shifted again to
5 state park promotions. Now, as manager of the
6 Texas Conservation Passport Program, she writes,
7 edits, publishes the quarterly Passport Journal.
8 Environmental values have always been at the
9 center of her professional work. Emily Carter,
10 Communication Division, with 20 years of service.
11 (Photographs taken; applause.)
12 MR. COOK: Jo Currie with the State
13 Park Divisions is also being recognized for 20
14 years of service. Jo began her career with Texas
15 Parks and Wildlife in April 1982 as a seasonal
16 worker III at the Rusk-Palestine State Park, and a
17 month later she game a classified employee.
18 Having managed the Rusk City Park approximately
19 one year, she became the first state employee of
20 Rusk-Palestine State Park. She is currently the
21 administrative technician III there and has
22 remained at the park throughout her career. She
23 comes from a TPWD family, which includes her late
24 husband, game warden Donald R. Currie, and her son
25 Donald, who is a Ranger III at the Texas State
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20
1 Railroad. She is trained, broke in, put up with,
2 however you want to say it, four different park
3 managers and enjoys all the friendships along the
4 way and the thousands of park visitors. A valued
5 employee, Jo Currie, State Parks Division, 20
6 years of service, Rusk, Texas.
7 (Photographs taken; applause.)
8 MR. COOK: Charles D. Simmons in the
9 State Parks Division is being recognized for 20
10 years of service with the Texas Parks and Wildlife
11 Department. Charles began his employment with
12 TPWD at Palo Duro Canyon State Park as a park
13 ranger I in April of 1982, cleaning rest rooms,
14 mowing, and hauling trash. He was later promoted
15 to park ranger II and lead ranger. In later
16 years, he was promoted to park ranger
17 III/maintenance mechanic, the position that he
18 currently holds. His entire TPWD has been spent
19 at Palo Duro Canyon State Park, which he loves
20 dearly. In the past 20 years, he has worked to
21 conserve this great piece of Texas for the
22 enjoyment of future generations. Through the
23 years, he has assisted with the task of controlled
24 burns that give the Canyon a new, fresh start. He
25 has assisted in search and rescue and flash flood
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21
1 emergencies. He has helped with the Randall
2 County Trustee Program and believes he has made an
3 impact in trusting the trustees' outlook at life
4 for a better future. Charles Simmons, State Parks
5 Division, 20 years of service.
6 (Photographs taken; applause.)
7 MR. COOK: Madam Chairman, I believe
8 that concludes that segment of our program. Next
9 on our agenda is a presentation to the Commission
10 from the Offshore Technology Conference. In 1989,
11 the Texas Legislature enacted the Artificial Reef
12 Act mandating the Department to promote, develop,
13 maintain, monitor, and enhance the artificial reef
14 potential of Texas. Since its official beginnings
15 in 1990, the heart of the Department's Artificial
16 Reef Program has been "Rigs to Reef." Under "Rigs
17 to Reefs," oil companies can donate their obsolete
18 oil and gas platforms to the Department for
19 deployment as artificial reefs rather than having
20 to remove them from the Gulf of Mexico and haul
21 them to land as scrap. The companies also agreed
22 to donate one-half of their realized savings to
23 the program's artificial reef fund.
24 "Rigs to Reefs" is a classic win-win
25 situation. Not only to do the oil companies save
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22
1 money, but the citizens of Texas reap the benefits
2 of the enhanced habitat provided by the sunken oil
3 platforms. The program has become a model of
4 partnership and involves the Department, the
5 federal government, and private industry. Since
6 1990, the Artificial Reef Program has worked with
7 26 different oil and gas companies to deploy 54
8 oil and gas structures in over 30 permitted sites
9 throughout the Gulf of Mexico.
10 As proud as we are of our own
11 programs, it is always gratifying to know that
12 others, especially from the private sector,
13 recognize and value the contributions that we
14 make.
15 The Offshore Technology Conference
16 is an industry and trade show that provides a
17 professional platform for discussing current
18 issues and showcasing breakthrough technologies.
19 It is made up of many of the private oil and gas
20 businesses that we have partnered with in creating
21 these artificial reefs.
22 Here today to make a special
23 presentation to the Parks and Wildlife Commission
24 is the chairman of OTC, Mr. Charlie Richards.
25 Mr. Richards?
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23
1 MR. RICHARDS: Thank you, Bob. Good
2 morning. On May the 7th in Houston, the Offshore
3 Technology Conference announced the award of a
4 special citation, which is reserved for
5 outstanding accomplishments and significant
6 contributions to the offshore community. I am
7 proud, as a fourth generation Texan and chairman
8 of Offshore Technology Conference, to be here this
9 morning to present this special citation to the
10 Texas Parks and Wildlife Department. This
11 citation recognizes your leadership and the
12 recycling decommissioned offshore structures into
13 permanent artificial reefs that serve as a haven
14 for marine life and a destination for divers and
15 fishermen.
16 Additionally, this citation is being
17 given for the significant contributions to and a
18 positive impact on the environment in the Gulf of
19 Mexico through the "Rigs to Reef" program. To
20 accept this citation this morning, I'm going to
21 give this to the Commissioner, Ms. Katharine
22 Idsal. Congratulations and thank you very much.
23 CHAIRMAN IDSAL: Thank you very
24 much.
25 (Photographs taken; applause.)
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24
1 MR. COOK: Thank you, Mr. Richards.
2 Concluding this part of the program, Madam
3 Chairman, last night we had a great event out at
4 the Omni Hotel, probably 300 -- I haven't heard a
5 final number, 300 or more folks attending in our
6 Land Stewards Award Program. Very briefly, I want
7 to run through the winners and then we want to
8 show you a brief video that you -- you and the
9 audience -- a brief video of the statewide
10 winners.
11 In the Cross Timbers Ecological area
12 we recognize a tract of land and the landowners in
13 each ecological, as you know. In the Cross
14 Timbers and prairies ecological area, the winner
15 was a Fossil Canyon Ranch, 1889 acres in Bosque
16 County owned by Bob and Marge Schafer. In the
17 Edwards Plateau, the winner was the Cherry Creek
18 Ranch, 5900 acres in Kerr County owned by Fred and
19 Paula Rush, Jonathan and Karen Letz. In the Gulf
20 Prairies and Marshes region, the Runnells-Pierce
21 Ranch, 32,000 acres in Matagorda County owned by
22 John S. Runnells, II. High plains, the winner was
23 the Calvin Lemon Farm, 440 acres in Lubbock County
24 owned by Calvin and Sandra Lemon. In the Piney
25 Woods ecological area, the winner was Cook's
.
25
1 Branch Conservancy, a 5600-acre ranch in Matagorda
2 County owned by George Mitchell and family. In
3 the Post Oaks Savannah, the winner was the
4 Greenwood Ranch, a 1788-acre ranch in Red River
5 County owned by Dr. J.W. Smith. In the Rolling
6 Plains, the winner was the Mesquite Grove Ranch,
7 36,000 acres in Kent County owned by Buddy
8 Baldridge. In the south Texas plains, the winner
9 was the El Tecolote Ranch, 2100 acres in Hidalgo
10 County owned by Phil and Karen Hunke. The winner
11 in the Trans Pecos ecological area was the
12 Longfellow Ranch, 256,000 acres in Pecos County
13 owned by N. Malone Mitchell. The winning Wildlife
14 Management Association was the Lee County Wildlife
15 Association, which is comprised of 382 different
16 landowners, totaling 91,908 acres. Our corporate
17 winner was the ALCOA Sandow Mine, 31,000 acres in
18 Milam and Lee County. The statewide winner was
19 the Womack Family Ranch in Victoria County, which
20 we'll show you this brief video.
21 (Video played at this time.)
22 MR. COOK: Madam Chairman,
23 Commissioners, you know, I think that video tells
24 more than on the surface. This gentleman and this
25 lady, Jess and Lou Womack, enjoy what they do.
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26
1 They love it. They love their property. And it's
2 a classic example, I think, of what private
3 landowners in Texas are doing to conserve, manage,
4 protect habitat wildlife species of all varieties
5 on their land. This program is a great program.
6 We appreciate your support for that program very
7 much. It is obvious to staff, it is obvious to
8 the people that we honor. Our staff has done a
9 great job with this program. Our private lands
10 advisory committee has been an immense help in
11 this program. But the real thanks, the real
12 appreciation, the real effort and output goes to
13 the private landowners of Texas that we honor.
14 Thank you.
15 CHAIRMAN IDSAL: Thank you, Bob.
16 AGENDA ITEM NO. 1: ACTION - APPROVAL OF AGENDA.
17 CHAIRMAN IDSAL: The first order of
18 business is the approval of the agenda, which we
19 have before us. Is there a motion for approval?
20 COMMISSIONER FITZSIMONS: So moved.
21 COMMISSIONER MONTGOMERY: Second.
22 CHAIRMAN IDSAL: All in favor?
23 ("Aye.")
24 CHAIRMAN IDSAL: Any opposed?
25 Hearing none, motion carries.
.
27
1 (Motion passed unanimously.)
2 AGENDA ITEM NO. 2: ACTION - LEGISLATIVE RULES
3 REVIEW - RULEMAKING CHAPTER 65, SUBCHAPTERS A,
4 N, AND Q.
5 CHAIRMAN IDSAL: This brings us to
6 agenda item 2, action item, Legislative Rules
7 Review and Rulemaking, Chapter 65, Subchapter A,
8 N, and Q. Dr. Cooke, will you please make your
9 presentation?
10 DR. COOKE: Madam Chairman, my name
11 is Jerry Cooke, game branch chief of the Wildlife
12 Division. Section 2001.039 of the Government Code
13 requires that all state agencies review minimally
14 every four years all of their regulations. In
15 reviewing -- the purpose of the review, first of
16 all, is to determine if the original intent, the
17 original reason for the rule still existed. Every
18 four years, the Commission will either readopt,
19 readopt with amendment, or repeal each regulation
20 in the book.
21 In reviewing Chapter 65, we found
22 three rules in which the original justification is
23 unclear. Specifically, these regulations produced
24 a closed season for game animals, game birds, and
25 fur-bearing animals on the state-owned riverbeds
.
28
1 of Dimmit, Uvalde, and Zavala Counties. The
2 proposed amendment for these three rules would set
3 a date certain in which the effectiveness of the
4 rule would end. And that date is September the
5 1st of 2003.
6 Also I'd like to point out one,
7 almost a housekeeping issue. On Section 65.374,
8 you'll notice that the wording in that amendment
9 is not similar to the other two rules. We're
10 going to recraft that portion so that they read
11 the same for each section. And that's the
12 proposed amendment for you.
13 Staff recommends the following
14 motion: Texas Parks and Wildlife Department adopts
15 amendments to 31 TAC 65.9, 65.316 and 65.374
16 concerning closed seasons on state-owned riverbeds
17 of Dimmit, Uvalde, and Zavala Counties with
18 changes to the proposed text as published in the
19 April 26th, 2002 issue of the Texas Register. If
20 you have any questions, I would be happy to try to
21 answer them for you.
22 CHAIRMAN IDSAL: Is there any -- is
23 there no discussion by the Commission? We have
24 one person signed up to speak, Ellis Gilleland.
25 MR. GILLELAND: My name is Ellis
.
29
1 Gilleland. I'm a private citizen. I represent
2 myself and Texas Animals, which is an Internet
3 animal rights organization. I have one -- a
4 one-page handout. The one-page handout is for
5 Madam Chairman. That's the only one I made
6 because really I'm here to ask for clarification.
7 No. There's only one -- that goes to the
8 Chairman, please. Yeah.
9 CHAIRMAN IDSAL: Thank you,
10 Mr. GILLELAND.
11 MR. GILLELAND: I'm really asking
12 for clarification and I'm not testifying on the
13 three rules -- or actually there were six rules
14 published, ma'am, not three. And that's what
15 caused a little bit of confusion, at least in my
16 mind. It appears that the other three are going
17 to be piggy-backed onto the three which Jerry
18 presented to you. So if that's not the intent,
19 you can tell me and I'll go away. But the three
20 rules that are being piggy-backed onto these
21 three, that's Subchapter G, which is endangered
22 species, Subchapter N, migratory bird
23 proclamation, and Subchapter O, which is
24 commercial nongame. And those are controversial,
25 extremely controversial as far as I'm concerned.
.
30
1 And I'd like to testify on them if they are being
2 piggy-backed. If -- they were published in the
3 Texas Register and I've given you a copy of it.
4 They were published on the 3rd of May.
5 The April publication, what Jerry
6 gave you, the three rules are straight up and
7 above board. But the other three in May that I
8 just read to you are controversial. And I just
9 want to make -- put it here on the record that I'm
10 opposed to those three rules being piggy-backed in
11 secret onto these three that are straight up, if
12 that is what is going to happen. So the ball is
13 in y'all's court.
14 Are you going to pass six
15 subchapters or are you going to pass three?
16 Because you published six. And I really -- I
17 really oppose the three that are being
18 piggy-backed because the endangered -- something
19 near and dear to my heart, endangered species,
20 white-winged doves, and nongame -- for example,
21 the nongame items, the list you're monitoring is
22 209 currently. And you're saying we're going to
23 reduce it to 28. I think that is terrible, to
24 reduce it from one-tenth of the animals we have in
25 the State. We owe it to all, 100 percent animals.
.
31
1 There's nothing in your charter or your new
2 mission statement that says we protect and look
3 after one-tenth of the animals in Texas. We look
4 after all. We love all the Texas animals. Thank
5 you.
6 CHAIRMAN IDSAL: Thank you,
7 Mr. Gilleland. Dr. Cooke, do you have any
8 comments or would you like to clarify and answer
9 the questions that Mr. Gilleland asked?
10 DR. COOKE: Members, the rule review
11 is a section-by-section issue. It's not a
12 subchapter-by-subchapter issue. We're only
13 discussing these three sections in this adoption.
14 CHAIRMAN IDSAL: Thank you. Do you
15 have any questions of Dr. Cooke or Mr. Gilleland?
16 Any comments by the other commissioners?
17 VICE-CHAIRMAN ANGELO: I would move
18 approval of the recommendation.
19 COMMISSIONER RAMOS: Second.
20 CHAIRMAN IDSAL: I have a motion by
21 Commissioner Angelo, a second by Commissioner
22 Ramos. All in favor.
23 ("Aye.")
24 CHAIRMAN IDSAL: All opposed?
25 Hearing none, motion carries.
.
32
1 (Motion passes unanimously.)
2 "The Texas Parks and Wildlife Commission adopts
3 amendments to 31 TAC §§65.9, 65.316, and 65.374,
4 concerning closed seasons in the state-owned
5 riverbeds of Dimmit, Uvalde, and Zavala counties,
6 with changes to the proposed text as published in
7 the April 26, 2002 issue of the Texas Register (27
8 TexReg 3548)."
9 AGENDA NO. 3: BRIEFING - INLAND FISH STOCKING
10 AND HATCHERY UPDATE.
11 CHAIRMAN IDSAL: Next agenda item,
12 agenda item number 3 is a briefing, fish hatchery
13 status report, Mr. Phil Durocher, will you please
14 make your presentation?
15 "(Whereupon a briefing was presented to the
16 Commission, the following proceedings were heard:)
17 CHAIRMAN IDSAL: There is no public
18 testimony on the briefing item we just heard.
19 AGENDA ITEM NO. 4: ACTION - SCIENTIFIC BREEDER
20 REGULATIONS DISEASE TESTING AND MONITORING
21 MEASURES.
22 CHAIRMAN IDSAL: The next agenda
23 item is number 4, an action item on cervid disease
24 issues. Dr. Cooke is presenting.
25 DR. COOKE: Madam Chairman and
.
33
1 Members, my name is Jerry Cooke, game ranch chief
2 of the Wildlife Division presenting this item.
3 The Texas Parks and Wildlife Code
4 states that only deer that are in a healthy
5 condition may be sold and traded in this state
6 under the scientific breeder program. In January,
7 we proposed rules that would define in a healthy
8 condition as being deer that came from facilities
9 that were participating in a monitoring program
10 for chronic wasting disease and tuberculosis with
11 the Texas Animal Health Commission. Those rules
12 further tied to that definition the ability of
13 that breeder to sell, transport, except to a
14 veterinarian, or release any animals from that
15 facility. At your April commission meeting, you
16 postponed action on that item to allow the
17 scientific breeder permit holders the opportunity
18 to enter voluntarily into such a monitoring
19 program with the Animal Health Commission. I
20 cannot really add to the testimony that was
21 presented to the regulations committee yesterday,
22 so I won't try.
23 Basically your actions today comes
24 down to one of two options, in my opinion. Staff
25 recommends that should the voluntary testing and
.
34
1 monitoring program be considered inadequate by
2 this commission, that you adopt the following
3 motion: Texas Parks and Wildlife Department adopts
4 31 TAC 65.601 and 65.611 concerning cervid
5 diseases in the scientific breeder proclamation
6 with changes to the proposed text as published in
7 the March 1, 2002 issue of the Texas Register,
8 which is 27 text reg 1463.
9 If, however, you consider that the
10 voluntary effort to this point has been adequate,
11 then staff recommends that you postpone action on
12 such a motion and that staff further broaden your
13 flexibility by withdrawing the current published
14 text in the Register and republishing it, which
15 will refresh your six-month window on taking
16 action of this item. If you have any questions,
17 I'd be more than happy to try to answer them.
18 CHAIRMAN IDSAL: Commissioner
19 Fitzsimons?
20 COMMISSIONER FITZSIMONS: Jerry,
21 help me with the procedurals here a second.
22 DR. COOKE: Okay.
23 COMMISSIONER FITZSIMONS: The -- if
24 we postpone and republish and, as you say, refresh
25 that six months and we get to August and the
.
35
1 progress is not adequate, then we cannot take
2 action of adopting the healthy condition
3 definition until --
4 DR. COOKE: No. You can at the
5 August meeting.
6 COMMISSIONER FITZSIMONS: At the
7 August meeting?
8 DR. COOKE: Under the current
9 publication, you could take action in August. But
10 we only have one day to get it to the Secretary of
11 State, and that's pushing the realm of possibility
12 a bit. So what we're basically doing is, as an
13 administrative tool for us, we will publish it
14 such that the 30-day comment period will be more
15 than satisfied before the August commission
16 meeting, so that you can take action in August,
17 should you choose to do so.
18 COMMISSIONER FITZSIMONS: I'm clear.
19 Thanks.
20 CHAIRMAN IDSAL: Commissioner
21 Montgomery.
22 COMMISSIONER MONTGOMERY: As I
23 understand it, Jerry, too, the value of this
24 action is that depending on how the voluntary
25 program goes, should we choose to make any
.
36
1 modifications to the action, file -- it would
2 still be --
3 DR. COOKE: Absolutely. I mean,
4 basically you have the same authority as you
5 always do. As long as you don't broaden a
6 regulation to include more people or more country,
7 then you may amend. And so as long as we're, you
8 know, restricting it in some way, narrowing in the
9 regulation, you can certainly amend it however you
10 choose. And we'll be happy to advise you on those
11 issues should such an amendment come before you.
12 CHAIRMAN IDSAL: Commissioner
13 Fitzsimons?
14 COMMISSIONER FITZSIMONS: Jerry,
15 could you review the numbers of where we are, or
16 is -- are we going to have a speaker on that
17 issue?
18 DR. COOKE: I think there are people
19 who will be able to speak to that issue a little
20 more personally, because all I have is memory from
21 yesterday. I didn't take very good notes. Sorry.
22 CHAIRMAN IDSAL: Is there any
23 discussion now from the Commission? We have some
24 people signed up to speak. Roger S-o-a-p-e. Is
25 that right?
.
37
1 MR. SOAPE: Actually I'm signed up
2 to speak on item 9.
3 CHAIRMAN IDSAL: 9? Oh, sorry. I'm
4 on the wrong one. Here we go. Kirby Brown is the
5 first person signed up to speak, and after that is
6 Karl Kinsel.
7 MR. BROWN: Madam Chairman, Members,
8 my name is Kirby Brown with the Texas Wildlife
9 Association. We want to thank the Commission and
10 the staff for their efforts in this. And, Madam
11 Chairman, your leadership in this action that's
12 going forward, we appreciate the rapid response,
13 the professionalism and the science being brought
14 to bear on the issue. We think that's all very
15 important.
16 We are continuing to work with the
17 Texas Animal Health Commission on the issue. Our
18 meeting over the next few weeks -- in fact, Monday
19 we have a meeting with Commissioner Wood. And
20 although our membership continues to have real
21 concern about CWD and entry into the wild, we
22 think the voluntary actions that are taking place
23 are proceeding at a rapid pace at this point in
24 time. And we'd like to see that continue. And we
25 believe that's a process, especially with the
.
38
1 response that we can get for herd health plans
2 from the Texas Animal Health Commission staff,
3 which is -- they're literally overwhelmed right
4 now with so many issues that they have on their
5 plate. We think this is a good process, we think
6 it's an effective process, and we appreciate your
7 consideration in that regard. So with that,
8 that's all I have to say. Thank you very much.
9 CHAIRMAN IDSAL: After Karl, we have
10 Ellis Gilleland.
11 MR. KINSEL: I second entirely what
12 Kirby just said, but I also wanted to bring it to
13 y'all's attention that the letter is drafted going
14 out to all scientific breeders, all 467, both TWA
15 and TDA have individually drafted that letter. We
16 intend to do that jointly to continue showing our
17 joint support and our joint efforts. As soon as
18 we get clarification from TAHC, that will go as a
19 cover letter on form 0008 of the Texas Animal
20 Health Commission to enroll as many as possible
21 into the program. Thank you.
22 CHAIRMAN IDSAL: We may have some
23 questions. Commissioner Fitzsimons has a question
24 of Mr. Kinsel.
25 MR. KINSEL: Yes, sir?
.
39
1 COMMISSIONER FITZSIMONS:
2 Mr. Kinsel, at the last commission meeting, we
3 reviewed some numbers, some targets, I believe
4 would be the right term, 20 percent. Could you
5 review for us where you are specifically on that
6 number?
7 MR. KINSEL: Yes, sir, I can. One
8 second.
9 There are, as of date, 19 that are
10 turned in to Rick Smathers. There's also another
11 11 that I have in possession. And there is
12 another 37, if you'll add those numbers up for
13 me -- I estimated yesterday -- that we have of the
14 people who have signed up a request, a TDA member
15 request for application of TAHC form 0008. And
16 that request simply was awaiting the clarification
17 letters. The other ones that we've turned in and
18 the ones that are to be turned in were in
19 confidence that those clarification letters would
20 come forth.
21 COMMISSIONER FITZSIMONS: All right.
22 And your testimony on April the 4th, you indicated
23 that you would be looking also for geographic
24 diversity --
25 MR. KINSEL: Correct.
.
40
1 COMMISSIONER FITZSIMONS: -- in your
2 group.
3 MR. KINSEL: Correct.
4 COMMISSIONER FITZSIMONS: And how
5 has that progressed?
6 MR. KINSEL: That's progressed very
7 well because we've had four of the eight region
8 meetings. At each of those region meetings, we've
9 had at least 30 or 40 percent of the members sign
10 up or -- sign up knowing that everything would be
11 done and done right. Kind of the rest of them
12 said, let me wait and see, and they signed our
13 request forms. So we've had at least 90 percent
14 participation by those people as far as positive.
15 We will follow up with them as soon as Ken Waldrup
16 has time, with approval of Logan and staff to
17 direct the cover letter that will go on form 0008.
18 It will go back to those people whose names and
19 addresses I have. And then also that will go out
20 to the other of the 467 that I don't have, so that
21 we can start solicitation on them, as well.
22 COMMISSIONER FITZSIMONS: And you
23 also stated that you didn't think it would be any
24 problem to have over 30 percent -- 32 percent of
25 the animals within the program. My arithmetic
.
41
1 says that's 5,700 animals. Do you have any idea
2 how many animals, of the ones you represent now,
3 would -- the roughly 56 that are in process?
4 MR. KINSEL: No, sir, I do not.
5 And I apologize. That is a part of a census we're
6 doing of our own association, to look at animals
7 per member. But I can say at this point that the
8 larger members have been the ones that have come
9 forward first and signed up. So I'm assuming that
10 if we're looking at 20,000 animals and you want 30
11 percent of that, your numbers are correct.
12 COMMISSIONER FITZSIMONS: All right.
13 Well, just for clarification, that was your
14 estimate.
15 MR. KINSEL: That was a best guess.
16 And it still holds fairly true at this time.
17 COMMISSIONER FITZSIMONS: All right.
18 So fair to say you are less than halfway to your
19 goal?
20 MR. KINSEL: Correct, sir.
21 COMMISSIONER FITZSIMONS: Thank you.
22 CHAIRMAN IDSAL: Do we have any more
23 questions of Mr. Kinsel?
24 MR. KINSEL: Thank you.
25 MR. GILLELAND: My name is Ellis
.
42
1 Gilleland. I'm speaking for Texas Animals, which
2 is an animal rights organization on the Internet.
3 I have three things I want to say. Very rarely
4 will you hear me praise somebody at Parks and
5 Wildlife. But I'd like to praise Jerry Cooke on
6 his May 1 rule that he wrote and published. I
7 thought that was excellent. When I read that, I
8 tingled, and I don't just tingle that often. So
9 thank you, Jerry. You get to be my age -- but he
10 didn't go far enough. Now, that's a good first
11 step. There's no monitoring in there, there's no
12 surveillance in there, there's no testing. And
13 most of all, there's no penalty. In other words,
14 when these (inaudible) get caught at 2:00 a.m.
15 coming across the Red River, what's the penalty?
16 Throw them in the Red River, pat them on the back,
17 give them a trophy or what? So in the next
18 iteration, will you please add that?
19 The second thing I want to say is,
20 voluntary law does not work. George W. Bush
21 approved that. The cold fired power plants
22 throughout this state that are grandfathered from
23 30, 40 years ago are still belching. They keep
24 the shell, they rebuild the guts and keep the same
25 within the grandfather clause. Voluntary -- you
.
43
1 lawyers know that. People will take advantage of
2 voluntary law. It does not work. And it's not in
3 your mission statement. Everybody want to do
4 this? No. Okay. Don't do it. Everybody don't
5 want to do it? Yeah, okay, do it. That's not
6 government. That's not what you're being paid to
7 do. So forget about the voluntary stuff. Make a
8 law. Jerry gave you a good first step. Make a
9 law, there it is. Now, get the voluntary
10 compliance once you've got the law. That's where
11 you want the voluntary. Not voluntary eons and
12 eons. There's no -- that's not law. That's an
13 anarchy.
14 The third thing I want to mention,
15 there's no precedence for voluntary law. The
16 precedence are coherent laws. We are a nation of
17 laws. Rabies -- let's bring it down to home.
18 Rabies in Texas. Take away the rabies law and
19 what have we got? We've got a bunch of dead
20 people without rabies law. There's got to be a
21 CWD law or in a year or two or five years from now
22 we're going to all be in trouble and go back and
23 all these (inaudible), well, let's go back and see
24 what happened. Well, we don't have to do that.
25 Let's take the action now. Get the consensus, get
.
44
1 the voluntary, yeah, yeah, yeah, make a law. Now,
2 do it, and there's a penalty. Please, the
3 politics are not a factor in this. The heck with
4 them. They can start dipping ice cream at Dairy
5 Queen or something. They don't have to raise a
6 deer. Thank you.
7 CHAIRMAN IDSAL: Does staff have any
8 comments or response on these comments? Does the
9 Commission have any comments?
10 If there are no comments, is there a
11 motion on this item?
12 COMMISSIONER MONTGOMERY: Joseph.
13 CHAIRMAN IDSAL: Joseph, did you
14 have a comment?
15 COMMISSIONER FITZSIMONS: I would
16 move we would adopt the second recommendation.
17 COMMISSIONER MONTGOMERY: Which is
18 to withdraw -- to postpone it?
19 COMMISSIONER RAMOS: To postpone it.
20 CHAIRMAN IDSAL: To postpone it.
21 COMMISSIONER RAMOS: If that's your
22 motion, I'll second that.
23 CHAIRMAN IDSAL: All in favor?
24 COMMISSIONER FITZSIMONS: And
25 republish.
.
45
1 CHAIRMAN IDSAL: And republish.
2 COMMISSIONER MONTGOMERY: Are we
3 reposting to allow us to modify --
4 CHAIRMAN IDSAL: Correct. Do we
5 have a second?
6 COMMISSIONER RAMOS: Second.
7 CHAIRMAN IDSAL: All in favor?
8 ("Aye.")
9 CHAIRMAN IDSAL: Any opposed?
10 Hearing none, motion carries.
11 (Motion passes unanimously.)
12 DR. COOKE: Madam Chairman?
13 CHAIRMAN IDSAL: Yes?
14 DR. COOKE: I didn't get to hear
15 Mr. Montgomery's comment on the clarification you
16 asked for.
17 COMMISSIONER MONTGOMERY: Clarifying
18 that reposting still allows us to modify --
19 DR. COOKE: I'm sorry. Thank you.
20 CHAIRMAN IDSAL: Do we need to go
21 through that again or are we done there?
22 "The Texas Parks and Wildlife Commission adopts 31
TAC §65.601 and §65.611, concerning Scientific
23 Breeder's Permits, with changes to the proposed
text as published in the March 1, 2002 issue of
24 the Texas Register (27 TexReg 1463)."
25 AGENDA ITEM NO. 5: ACTION - NON-PROFIT PARTNERS
.
46
1 RESOLUTION.
2 CHAIRMAN IDSAL: Okay. Agenda item
3 number 5, nonprofit partners resolution.
4 Ms. Harris, will you please make your
5 presentation.
6 MS. HARRIS: Thank you, Madam
7 Chairman, Members of the Commission. My name is
8 Susan Harris with the administrative resources
9 division here in Austin. And with me today is
10 Page Campbell with the coastal fisheries division,
11 stationed in Rockport.
12 The item we are bringing before you
13 today is the nonprofit partners resolution. And a
14 quick overview of what we'll be presenting, we're
15 going to look at the Sunset legislation and the
16 mandates from that that impacted the Department as
17 well as the Commission. We're going to quickly
18 look at how this evolved into a natural leaders
19 project assignment. We're going to review the
20 categories that the team identified, and then
21 finally, we'll make a recommendation for your
22 approval.
23 Senate Bill 305, also known as
24 Sunset legislation, authorizes the Department to
25 select and cooperate with nonprofit partners, but
.
47
1 it also requires that the Parks and Wildlife
2 Commission approve each nonprofit organization
3 selected to partner with the Department.
4 The Sunset staff report listed an
5 issue which stated that the Department has
6 beneficial relationships with private, nonprofit
7 foundations, but additional controls are needed.
8 So they recognized the significance of these
9 partnerships, but they just ask a few more
10 controls be put in place.
11 As part of the Sunset implementation
12 plan, this was selected as a natural leaders
13 project. The project team includes myself and
14 Page, project mentor, Russell Fishbeck with state
15 parks division, and a project sponsor, Gene
16 McCarty with the executive office.
17 SB 305 further defines a nonprofit
18 partner as a nonpolitical entity that is
19 incorporated under the laws of the state, has been
20 granted a 501(c) tax exemption, and works with the
21 Department to further its goals.
22 The project team established three
23 specific categories into which all current
24 nonprofits were grouped. And they are the
25 official nonprofit partner, closely related
.
48
1 nonprofit partners, and other nonprofit partners.
2 First the official nonprofit
3 partner, and that is the Parks and Wildlife
4 Foundation of Texas. And as such, it is the
5 single nonprofit organization that is designated
6 by you, the Commission, to function as the
7 principal support entity of this Department.
8 The second category are closely
9 related nonprofits. And these are nonprofit by
10 law and their sole purpose is to support Parks and
11 Wildlife, our facilities, the programs and
12 activities within those facilities. They're also
13 known as friends groups. You may be more familiar
14 with that terminology. They're administered by a
15 board of directors and they are independent from
16 the Parks and Wildlife Commission.
17 The team currently identified 69
18 closely related nonprofit partners, and they have
19 a signed memorandum of agreement on file here with
20 the Department. And those are found under
21 Exhibit B in your commission book.
22 The third category, the other
23 nonprofit partners, those are also nonprofit by
24 law. And their mission complements the mission of
25 Parks and Wildlife. They provide the Department
.
49
1 gifts of money, goods or services. And these
2 relationships are of an ongoing nature. And what
3 the project team found was that the level of
4 partnership really can vary. It varies from
5 paying travel expenses for employees to attend
6 conferences or workshops, all the way to
7 full-blown conservation projects such as building
8 marshes and wetlands with Ducks Unlimited or even
9 acquiring property with the help of the Nature
10 Conservancy. And the project team identified 101
11 that met the criteria to be in the other category.
12 And they can be found under Exhibit C in your
13 commission book.
14 And just briefly the most
15 significant difference between the closely related
16 and the other is that the closely related exists
17 solely for Parks and Wildlife and to benefit a
18 particular site or program, whereas the other,
19 they do help Parks and Wildlife but they help
20 other organizations, as well.
21 And finally, the following
22 recommendation is presented for your
23 consideration, that the Parks and Wildlife
24 commission adopt by resolution the proposed list
25 of nonprofit organizations authorized to partner
.
50
1 with the Department as shown in Exhibit B and
2 Exhibit C. And we'd be happy to take any
3 questions at this time.
4 CHAIRMAN IDSAL: Do we have any
5 questions from the Commission?
6 VICE-CHAIRMAN ANGELO: Madam
7 Chairman, we confirmed yesterday but I'd like to
8 get it in the record today that you do have -- or
9 you are recommending a procedure for updating
10 these lists over time. Is that correct?
11 MS. HARRIS: Yes, sir. It will be
12 similar to the donations acceptance policy. It
13 will be similar to that.
14 CHAIRMAN IDSAL: Any other
15 questions? Do we have a motion on this?
16 COMMISSIONER MONTGOMERY: I move we
17 accept the report with thanks for the good work
18 done, and adopt the list with the regular periodic
19 update mechanism.
20 COMMISSIONER RISING: Second.
21 CHAIRMAN IDSAL: All in favor?
22 ("Aye.")
23 CHAIRMAN IDSAL: Any opposed?
24 Motion carries.
25 (Motion passes unanimously.)
.
51
1 "The Texas Parks and Wildlife Commission adopts by
resolution (Exhibit A), the closely related
2 nonprofit partners (Exhibit B) and other nonprofit
partners (Exhibit C)."
3 AGENDA ITEM NO. 6: ACTION - FY03 GENERAL
4 OBLIGATION BONDS/RESOLUTION.
5 CHAIRMAN IDSAL: Next agenda item
6 number 6 is an action item, fiscal year '03 GO
7 bond resolution. Mr. Whiston, will you please
8 make your presentation?
9 MR. WHISTON: Yes. Thank you, Madam
10 Chairman, Commissioners. Good morning. My name
11 is Steve Whiston. I'm the acting director of
12 infrastructure division. This agenda item seeks
13 your approval this morning of the bond resolution
14 and the request for financing for the general
15 obligation bond program for FY03. These two
16 documents will be incorporated into the bond
17 package, to be submitted to the Texas Public
18 Finance Authority, to initiate the process that
19 will culminate in September with the approval and
20 sale and issue of bond funds for repair and
21 construction projects. On November 6 of last
22 year, the Texas voters approved proposition 8,
23 which was one of 19 constitutional amendments that
24 authorized the issue of $850 million of general
25 obligation bonds for 13 state agencies.
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52
1 Parks and Wildlife will receive
2 $101.5 million in GO bonds for capital repairs and
3 construction projects to be released in five
4 different issues over three biennia.
5 Those funds include $15 million
6 of -- to complete the remaining critical repairs
7 that were identified in the FY96 infrastructure
8 task force report. $54 million to be issued over
9 the next five years for planned, scheduled repairs
10 at parks, wildlife management areas, fisheries,
11 law enforcement facilities and administrative
12 facilities statewide. And lastly, 32-1/2 million
13 for the repair and renovation of park sites that
14 were specifically identified by the 77th
15 Legislature.
16 This funding matrix details how the
17 $105-1/2 million will be issued over the three
18 biennia. The bond resolution before you today
19 requests the financing of the first 36.68 million
20 for the '02-'03 biennium. The Legislature in its
21 last session provided the appropriation authority
22 for this first issue to be released in September.
23 $31 million of this -- these funds will be
24 allocated for the repairs. 5.68 million will be
25 made available to begin the planning and the
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53
1 design and the renovation of the San Jacinto
2 Battleground, Admiral Nimitz, Sheldon Lake
3 Environmental Education Center, and the Levi
4 Jordan Plantation. Additional appropriation
5 authority will be needed from the Legislature in
6 the next two sessions in order to fund the
7 remaining issues of this bond program.
8 With that, Commissioners, the staff
9 recommends that the Texas Parks and Wildlife
10 Commission adopt the following motion: the Texas
11 Parks and Wildlife Commission adopts by resolution
12 the authority to request financing of construction
13 and repair projects through general obligation
14 bonds and for the execution and delivery of
15 documents to effect such financing. I'll be happy
16 to answer any questions.
17 CHAIRMAN IDSAL: Do we have any
18 questions? No one is signed up to speak. Do we
19 have a motion on this?
20 COMMISSIONER WATSON: So moved.
21 COMMISSIONER RISING: Second.
22 CHAIRMAN IDSAL: All in favor?
23 ("Aye.")
24 CHAIRMAN IDSAL: Opposed? Motion
25 carries. Thank you, Mr. Whiston.
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54
1 (Motion passes unanimously.)
2 "The Texas Parks and Wildlife Commission adopts by
resolution (Exhibit A), the authority to request
3 financing of construction and repair projects
(Exhibit B) through general obligation bonds and
4 for the execution and delivery of documents to
effect such financing."
5 AGENDA ITEM NO. 7: BRIEFING - ANGLER AND HUNTER
6 POPULATION REVIEW.
7 CHAIRMAN IDSAL: Agenda item number
8 7, a briefing item, angler and hunter population
9 review. Dr. Graham, will you please make your
10 presentation.
11 (Whereupon a briefing was presented to the
Commission, the following proceedings were heard:)
12 AGENDA ITEM NO. 8: ACTION - LAND TRANSFERS.
13 CHAIRMAN IDSAL: Item number 8,
14 Texas Parks and Wildlife facility transfer Port
15 Lavaca. Walt Dabney, will you please present?
16 MR. DABNEY: Morning, Commissioners.
17 My name is Walt Dabney. I'm state park director.
18 I'm here today to talk to you about the Port
19 Lavaca fishing pier. We've had what became the
20 Port Lavaca fishing pier since 1963. It was part
21 of Highway 35 that was destroyed with Hurricane
22 Carla. And we went in, made a 3200-foot fishing
23 pier, lighted, 24-hour-a-day fishing pier out of
24 it. In 1999, it was struck by lightning and burnt
25 the end, 1200 feet of the fishing pier off. We
.
55
1 did an engineering assessment of that, with the
2 thought of trying to rebuild the fishing pier and
3 had estimates of, oh, five to six million
4 dollars -- from two to five to six million dollars
5 to really put it back in good order, or about
6 $320,000 to remove it.
7 The City of Port Lavaca has been
8 operating this as a fishing pier. They're very
9 interested in continuing to do that. And we have
10 an agreement with them that if we will give them
11 the money we would have used to tear it down, they
12 will find other funds and put it back together for
13 them. We think that's a good deal, and we're
14 bringing that to you today to -- for your
15 consideration. The staff recommends that we do
16 proceed in doing that. It would transfer this
17 state parks site to a local jurisdiction pursuant
18 to House Bill 2108. And if you have any
19 questions, I would be glad to answer those. And
20 this is our recommendation.
21 VICE-CHAIRMAN ANGELO: Do we have
22 any questions? I don't believe we have anybody
23 signed up --
24 COMMISSIONER MONTGOMERY: Move
25 approval.
.
56
1 VICE-CHAIRMAN ANGELO: Second?
2 COMMISSIONER AVILA: Second.
3 VICE-CHAIRMAN ANGELO: All in favor,
4 please say "aye."
5 ("Aye.")
6 VICE-CHAIRMAN ANGELO: Opposed?
7 Motion is adopted.
8 MR. DABNEY: Thank you, sir.
9 VICE-CHAIRMAN ANGELO: Thank you.
10 (Motion passes unanimously.)
11 "The Executive Director is authorized to execute
the necessary agreements to effect the transfer of
12 Port Lavaca State Fishing Pier for operations to
the City of Port Lavaca as a city park site. All
13 'state pier' references to the site shall be
removed. The Executive Director is authorized to
14 execute a grant agreement in the amount of
$320,000 using funds from the Texas Recreation and
15 Parks Account to effect the orderly transfer of
this site."
16 ACTION ITEM NO. 9: ACTION - NOMINATION FOR OIL
17 AND GAS LEASE SALT BAYOU UNIT, J.D. MURPHREE
18 WMA-JEFFERSON COUNTY.
19 VICE-CHAIRMAN ANGELO: Move on to
20 item number 9, which is the nomination for oil and
21 gas lease in Jefferson County, to be presented by
22 Jack Bauer.
23 MR. BAUER: Morning, Commissioners,
24 my name is Jack Bauer, director of land
25 conservation. This item develops a recommendation
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57
1 to the board for lease for Park and Wildlife lands
2 relative to an oil and gas nomination at the J.D.
3 Murphree wildlife management area. Approximately
4 4700 acres has been nominated at the Salt Bayou
5 unit. Parks and Wildlife owns 50 percent of the
6 minerals. Staff believes exploration and
7 extraction of minerals can be achieved if the
8 highest standards for environmental protection are
9 followed. Protection of the wetlands and the
10 hydrology of the area is the area of special
11 emphasis.
12 For your information, I have been
13 advised that the board for lease considered this
14 item yesterday and they approved it on the
15 condition that y'all approve it. And under the
16 terms for which you would have it approved.
17 Staff recommends the Commission
18 consider the motion before you that will recommend
19 to the board for lease for Parks and Wildlife
20 lands a nomination of 11 tracts, with minimum
21 acceptable bid terms of $150 per acre, 25 percent
22 royalty, $10-per-acre delay rental on a three-year
23 term, incorporating the lease condition set out in
24 Exhibit A within the boundaries of the Salt Bayou
25 unit of the J.D. Murphree area.
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58
1 VICE-CHAIRMAN ANGELO: I believe the
2 slide says 23 but that's supposed to be a 25? Or
3 is that my eyes?
4 COMMISSIONER FITZSIMONS: It says
5 23.
6 MR. BAUER: It says 23. That's a
7 good catch. And it is 25.
8 VICE-CHAIRMAN ANGELO: 25.
9 COMMISSIONER MONTGOMERY: Move
10 approval.
11 VICE-CHAIRMAN ANGELO: Wait, wait.
12 We have some people to speak on this item. He's
13 through presenting and ready for questions.
14 MR. DABNEY: I believe there's a
15 speaker, ma'am.
16 CHAIRMAN IDSAL: I believe we have
17 some speakers. Roger -- how do you -- Soape?
18 Okay. And then Ellis Gilleland.
19 MR. SOAPE: It's simpler than it
20 appears.
21 CHAIRMAN IDSAL: Okay.
22 MR. SOAPE: I get to come before
23 this group about once every five years in 20
24 something years of being a petroleum landman. I'm
25 Roger Soape from Houston, Texas. I don't know why
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59
1 I don't come more often and listen to what y'all
2 do. I hunt and fish and I have teenage children
3 that hunt and fish. And if I could have gotten my
4 daughter out of high school finals today, she
5 would have come with me just for the experience.
6 So thank you for all that you do.
7 I represent several oil and gas
8 companies who conducted a 3-D seismic survey
9 across the Murphree Refuge and some 120 square
10 miles of land last year. Jim Sutherland worked, I
11 think, fairly well together. We managed to get
12 our work done in drought conditions on the one
13 hand, followed by flood conditions immediately
14 with tropical storm Allison. With the
15 restrictions of migratory bird seasons, where we
16 had to be in and out of the field. Anyway,
17 completed the survey and have identified some
18 areas that we think might be prospective for oil
19 and gas. And in discussing this with Jack Bauer
20 and the other staff members, we conceded early on
21 any surface use of the acreage we're talking
22 about. So any exploration we do, any drilling
23 that we do will be from acreage that is not Parks
24 and Wildlife mineral lands. It will be on other
25 lands.
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60
1 We were a little bit alarmed by the
2 exhibit that is attached to the lease in that it's
3 a bit open-ended about what sort of plans we would
4 have to file with Parks and Wildlife, what sort of
5 bonding requirements we may encounter. But in
6 talking with Mr. Bauer and with other members of
7 the staff and with the General Land Office, we are
8 relatively comfortable that we can work those
9 issues out if and when the time comes that we
10 would propose to drill a well on lands that are
11 adjoining the Parks and Wildlife properties.
12 So we would like to encourage you to
13 approve the nomination and have these lands
14 offered for lease at the July state lease sale.
15 My impression is that it will be
16 nominated -- that the 4,000-plus acres will be
17 nominated in separate parcels so that we'll have
18 the discretion of being able to bid on some but
19 not all. And I would tell you that it is likely
20 at this point that we will bid on some. It is
21 unlikely that we will bid on all. And I'm
22 available for questions if you have any.
23 CHAIRMAN IDSAL: Are there any
24 questions of Mr. Soape? Commissioner Ramos?
25 COMMISSIONER RAMOS: Let me
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61
1 understand what you're saying. Are you saying
2 you've done 3D seismic on our minerals?
3 MR. SOAPE: Yes, sir.
4 COMMISSIONER RAMOS: And you're
5 asking us to offer that at a public auction or --
6 I don't understand.
7 MR. SOAPE: The board for lease,
8 which is handled through the General Land Office
9 and the public school fund, offer a public oil and
10 gas lease sale of prison lands, Parks and Wildlife
11 lands, and public school lands four times a year.
12 It used to be twice a year, now four times a year.
13 Those sales are offered as a sealed bid. The
14 terms that you saw presented, the bonus, the
15 royalty, the rental and the primary term, the last
16 three of those terms are fixed for purposes of the
17 sale. The 25-percent royalty is nonnegotiable.
18 The three-year term is nonnegotiable. The $10-per
19 acre delay rental to maintain the lease in the
20 absence of production for the second year and the
21 third year, are fixed terms by the board for
22 lease. The only variable is the bonus. So when
23 my client gets ready to formulate whatever they're
24 willing to offer for the lease will be at least
25 $150 per net mineral acre. Now, remember that
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62
1 your net mineral acres are half of what the total
2 mineral acreage is because you only own half the
3 minerals on these properties. Other -- you know,
4 the public -- other gas and exploration companies
5 will have the same opportunity in the same sealed
6 bid form to make an offer.
7 COMMISSIONER RAMOS: If we were to
8 do that, if we were to nominate our minerals, are
9 we obligated to lease them under those terms or do
10 we reserve the right to reject all the bids?
11 MR. SOAPE: No. Once we meet the
12 minimums, if we are the high bidder, we would be
13 awarded the lease.
14 COMMISSIONER RAMOS: Okay. Thank
15 you.
16 MR. SOAPE: Just for what it's
17 worth, probably the nearest field that has
18 produced that would be comparable to what we would
19 be looking down here is McFaddin Field, which is
20 very close by. We estimated that if the State
21 owned the same mineral interest in that field that
22 it owns in the acreage that we're nominating for
23 lease, and given the current royalty rates and
24 product prices, you'd probably be talking about a
25 net present value of 10 or 15 million dollars in
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63
1 royalty revenue to the State. So if that gives
2 you any sort of basis for consideration.
3 COMMISSIONER RAMOS: Is that on all
4 of the minerals or is that on a specific tract
5 that you identified?
6 MR. SOAPE: That was on a specific
7 tract. McFaddin Field, I think, is really only
8 about a thousand acres in area.
9 CHAIRMAN IDSAL: Commissioner
10 Fitzsimons?
11 COMMISSIONER FITZSIMONS: To follow
12 up on Commissioner Ramos' question, the
13 nominations are done, as I understand it, tract by
14 tract. Correct?
15 MR. SOAPE: Yes, sir.
16 COMMISSIONER FITZSIMONS: Separate
17 leases?
18 MR. SOAPE: Yes, sir.
19 COMMISSIONER FITZSIMONS: And to
20 include terms, no -- at a minimum of not only the
21 lease terms you described, but the Exhibit A which
22 describes the surface use issues, access,
23 et cetera?
24 MR. SOAPE: That's correct.
25 COMMISSIONER FITZSIMONS: So each
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64
1 one of those would require that --
2 MR. SOAPE: That's correct. Now,
3 remember, none of the leases will allow surface
4 access. Okay. The surface use agreement will
5 come into play if we drill a well on lands near
6 the lands that we have leased, where we would be
7 drilling a directional well to bottom under the
8 Parks and Wildlife lands. So that if we're close
9 by, this additional surface use agreement would
10 come into play.
11 COMMISSIONER FITZSIMONS: I
12 understand. Thank you.
13 VICE-CHAIRMAN ANGELO: Madam
14 Chairman, I'll have a question for Mr. Bauer, but
15 no further for Mr. Soape.
16 CHAIRMAN IDSAL: Any further
17 questions for Mr. Soape?
18 I think Mr. Angelo has a question of
19 Mr. Bauer.
20 VICE-CHAIRMAN ANGELO: Jack, the way
21 this is presented, are we nominating the tracts?
22 Would they be nominated separately so that they
23 could be bid upon separately? Is that --
24 MR. BAUER: Yes, sir.
25 VICE-CHAIRMAN ANGELO: I guess you
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65
1 have another speaker. Is that right?
2 CHAIRMAN IDSAL: Mr. Gilleland.
3 MR. GILLELAND: I have a handout for
4 you. My name is Ellis Gilleland, speaking for
5 Texas Animals. Today is the 30th year, the 30th
6 anniversary of Sea Rim State Park. It was created
7 in 1972 by the work of Senator Karl Parker. So
8 it's more or less his baby.
9 Deer hunting was taking place there
10 25 years ago there by law, 25 years before 1997 it
11 started in other state parks. There are a lot of
12 deer there. When Parker created the park, the
13 alligators were about that long, ten inches, and
14 now they're ten foot. Now, so that's what I'm
15 speaking about, ten-foot alligators, animals that
16 have been there for 30 years undisturbed. By the
17 grace of God, they have survived the petrochemical
18 industry in Port Arthur and Beaumont. If you've
19 ever been there and you've been in the channel,
20 you know what those animals face down there from
21 the chemical industry and the shipping.
22 The reason why I gave you this map
23 which you have in front of you is to show you,
24 it's just like ground zero. It is -- if a
25 critical area were to be designed by the hand of
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66
1 God, it could not be designed better than what you
2 have right there. You have a national wildlife
3 area. You have a state park, Sea Rim, the federal
4 McFaddin National Wildlife Refuge, and then you
5 have the state wildlife management area, all three
6 abutting in one place.
7 If a spill -- if an oil spill
8 occurs, it is going to do a tremendous amount of
9 damage because the whole area there is marsh land.
10 You need an air boat to get around. And we just
11 had a spill coming from Louisiana not too long
12 ago.
13 The reason why I bring this up, I
14 know from previous talks that I've made about
15 previous easements and so forth, even though you
16 have a regulation that prescribes environmental
17 studies, you don't do them. So none have been
18 presented in terms of the impact of the drilling
19 environmental effects that might result from the
20 drilling of ruptured pipeline. If you've done
21 them, you deny it or you don't show them.
22 The other thing that causes me great
23 concern is, why do you not show where the drilling
24 rig will be situated? Why is this secret? You
25 show the area, you show the limits of the park and
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67
1 everything else. Why don't you show the public
2 where these yahoos are going to put their rig?
3 Are they going to put it in downtown Port Arthur?
4 Are they going to put a floating rig out in the
5 ship channel? Are they going to put it outside
6 the Sea Rim State Park headquarters? Are they
7 going to angle drill? I assume they are. But
8 where are they going to put it? Is it going to
9 work over water or dry land. In other words, it
10 all affects the environmental impact if something
11 goes wrong. Please take that consideration. I
12 beseech you. Karl would turn over -- well, he's
13 still alive. Thank you.
14 MR. BAUER: I'd be happy to respond.
15 CHAIRMAN IDSAL: Would you respond?
16 MR. BAUER: And perhaps Roger would
17 also.
18 COMMISSIONER MONTGOMERY: Could you
19 add insurance and bonding requirements to your
20 summary, just in your response, so we're aware of
21 them?
22 MR. BAUER: The -- I think the
23 reason that a location of where drilling will
24 occur is not shown -- and I'd like to get a
25 confirmation by Mr. Soape -- is that it's not
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68
1 known at this time. And I'm sure that the
2 applicant will -- once the nomination is assured
3 that it is going to happen, then a review of data
4 and where -- then surface use agreements begin to
5 be formed to allow the operator to do that
6 operational function. And it's just not known at
7 this point in time.
8 I would like to add that the
9 reputation that the oil and gas industry has with
10 our coastal properties is exceptional. The
11 industry -- I really believe that the industry has
12 no more desire to do environmental damage than we
13 would have them do. Because it's not to the
14 benefit of them or their image or the properties
15 themselves. So it's a -- we function within that
16 industry as a landowner at the benefit of the
17 whole. And that is -- it's to everybody's best
18 interest to do these activities in an appropriate
19 way and in a way that does not degrade the
20 resources.
21 The bonding issues, as we -- if the
22 company that Mr. Soape represents becomes the
23 leasor, then we would initiate a negotiation to
24 develop the surface use agreement. And that --
25 some of the attributes of that surface use
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69
1 agreement will describe the bonding issues that
2 are required. And I believe ours is usually a
3 million dollars.
4 I would expect that Mr. Soape will
5 also have requirements from -- to develop surface
6 use agreements from the other neighbors who are
7 around there, which will include the City of Port
8 Arthur. And I would expect that the City has
9 their own bonding requirements. So he will
10 probably be hit from several places on the needs
11 to put up bond.
12 But for us, those issues are
13 described in the guidelines for mineral extraction
14 that is a coordinated -- it's not a policy. It is
15 a set of guidelines that you have seen. And those
16 things, those components of that surface use
17 agreement are described in those guidelines.
18 CHAIRMAN IDSAL: Mr. Angelo?
19 VICE-CHAIRMAN ANGELO: I'd move
20 approval.
21 CHAIRMAN IDSAL: A motion by
22 Commissioner Angelo. Do I have a second?
23 COMMISSIONER MONTGOMERY: Second,
24 modify with the 25 percent.
25 VICE-CHAIRMAN ANGELO: No. That is
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70
1 a typo.
2 MR. BAUER: Yes. The correct is 25
3 percent.
4 CHAIRMAN IDSAL: All in favor?
5 ("Aye.")
6 CHAIRMAN IDSAL: Opposed? Hearing
7 none, motion passes.
8 (Motion passes unanimously.)
9 "The Executive Director is authorized to nominate
for oil and gas lease to the Board for Lease for
10 Parks and Wildlife Lands, eleven tracts, with
minimum acceptable bid terms of $150 per acre
11 bonus, 25 percent royalty, $10 per acre delay
rental, and a 3-year term, incorporating the
12 restrictions set out in Exhibit A."
13 AGENDA ITEM NO. 10: ACTION - RELEASE OF LAND
14 USE RESTRICTIONS - GALVESTON COUNTY.
15 CHAIRMAN IDSAL: Agenda item number
16 10, action item, release of land use restrictions,
17 Galveston Island. Mr. Ray, will you please make
18 your presentation?
19 MR. RAY: Commissioners, my name is
20 Ronnie Ray. I'm a project manager with the Land
21 Conservation Group. My item is release of land
22 use restrictions on a tract of property adjacent
23 to the Galveston Island State Park. The tract is
24 in the northeast corner of the park, indicated
25 here in the red block. It's a ten-acre tract in
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71
1 which we own restrictions on four acres. And the
2 release of these restrictions will allow our
3 neighbor to develop an ecotourism business that
4 will benefit both the state park as well as their
5 property.
6 The recommendation is as follows:
7 The executive director is authorized to take all
8 steps necessary to waive the restrictions as
9 specified in the deed without warranty dated
10 October 22nd, 1976, in which TPWD conveyed 4.139
11 acres out of the Edward Hall and Levi Jones
12 surveys Numbers 7 and 8 in Galveston County, to
13 comply with the development requirements of Como
14 Lake Limited, as per Exhibit B as it exists or as
15 it may be later amended. Exhibit B is the
16 schematics for the planned ecotourism business.
17 Is there any questions?
18 CHAIRMAN IDSAL: Do we have any
19 questions?
20 We have one person signed up to
21 speak. Ellis Gilleland.
22 MR. GILLELAND: I have a handout for
23 you.
24 My name is Ellis Gilleland, speaking
25 for Texas Animals. I've given you a copy of the
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72
1 open meeting -- an extract of the Open Meetings
2 Law. And the reason why I did this is to show you
3 that you broke the law yesterday when you had a
4 closed executive meeting on this removal of lease
5 restrictions. The law clearly states that you may
6 meet in closed secret session to discuss real
7 estate purchase, exchange, lease, or value. That
8 is not what you discussed yesterday in terms of
9 this release of land use restriction. So you
10 broke the law yesterday, you're subject to
11 criminal penalty, et cetera, et cetera, as I've
12 given you here.
13 The reason why I'm here is because I
14 smell a rat. When you go to the length of
15 breaking the law to hide yesterday what you just
16 showed to the screen here today, there's something
17 wrong. Why did you not put this before the public
18 yesterday so we could see this and we could think
19 about it and look at it overnight? We didn't have
20 that opportunity. I was nearly thrown in jail,
21 arrested yesterday. The gentleman is not here
22 now, but he threatened me after two hours of
23 ringing, I asked to be -- to see the lease
24 restrictions. And only when I asked to go to see
25 Mr. Cook, they finally came down, I said, okay,
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73
1 give me a copy of the lease restrictions. They
2 would not give them to me. I said, well, here, I
3 gave him a pen, write them down. No. They
4 wouldn't write them down. So I said, will you
5 tell me orally? Yes. So they told me orally and
6 I wrote down the restrictions.
7 Now, that was at 4:30. And I
8 finally learned, after all that argument and so
9 forth, what the lease restrictions are.
10 So if I had did that -- and the rest
11 of these people don't know -- did not know until
12 just now. You put it on the screen. So I'm
13 asking you to not pass this today because you've
14 met -- you did not put it before the public
15 yesterday openly. You discussed it in secret, in
16 violation of the law. You didn't give the public
17 the opportunity to be informed of this and to look
18 into it.
19 This morning, I was given a -- I
20 demanded this yesterday and I didn't get it. I
21 said, give me a list of what we're going to give
22 up on one side and give me a list of what we're
23 going to receive from these people on the other
24 side. That was my idea. I demanded this. And
25 now this morning, okay, they finally give me
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74
1 something. But yesterday it was going to jail to
2 get it. And I've already been locked up one time
3 and I don't want to do it again.
4 So what I'm trying to tell you is,
5 this may all be hunky dorry and above board. I
6 don't know. So -- but if you delay it until the
7 next meeting, I will know, because I'll go down
8 there. And I suspect, because of this height
9 restriction, they're going to build a 50-story
10 condominium ala South Padre right on the doorstep
11 of your state park. Do you want a 50 --
12 Mr. Fitzsimons, do you want a 50-story condominium
13 in front of the entrance to State Rim -- Sea Rim
14 State Park?
15 MR. COOK: Mr. Gilleland?
16 MR. GILLELAND: I'm sorry, I
17 misspoke. It's not Sea Rim. That was the
18 previous. It was Galveston Island State Park. So
19 I'm asking you to delay the vote until the next
20 meeting, until we get a chance -- the public has a
21 chance to look at it, and then -- now, I might --
22 and I gave you a copy of the law --
23 MR. COOK: Mr. Gilleland --
24 MR. GILLELAND: The judge can revoke
25 the -- yes, sir.
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75
1 CHAIRMAN IDSAL: Do we have a
2 response from Mr. Ray or staff to Mr. Gilleland's
3 comment?
4 MR. RAY: Not really, ma'am. I
5 think it's all been addressed.
6 VICE-CHAIRMAN ANGELO: The open
7 meetings question is what I'd like to hear an
8 answer to.
9 MR. BAUER: Sir, your question?
10 VICE-CHAIRMAN ANGELO: The fact that
11 we did meet the open meetings requirements by
12 going into executive session for this particular
13 item. He's questioning whether we were proper in
14 going into executive session to discuss this. And
15 I'd like a response from you regarding that.
16 MR. BAUER: Yes, sir. Jack Bauer,
17 land conservation program.
18 My interpretation is, is this was
19 very much a real estate matter. It involved an
20 exchange of funds, goods and services, and it
21 involved a component of land that was being
22 disposed of. And I clearly think that was a real
23 estate matter that was appropriate to be in
24 executive session.
25 VICE-CHAIRMAN ANGELO: Well, I
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76
1 certainly thought it was also, but I wanted be --
2 wanted you to reassure us on that.
3 COMMISSIONER MONTGOMERY: I
4 certainly agree with that.
5 CHAIRMAN IDSAL: Thank you.
6 VICE-CHAIRMAN ANGELO: I'd move
7 approval.
8 COMMISSIONER MONTGOMERY: Second.
9 CHAIRMAN IDSAL: Second? Do I have
10 any -- all in favor?
11 ("Aye.")
12 CHAIRMAN IDSAL: Any opposed?
13 Motion carries.
14 (Motion passes unanimously.)
15 "The Executive Director is authorized to take all
steps necessary to waive the restrictions as
16 specified in a Deed Without Warranty dated October
22, 1976, in which TPWD conveyed 4.139 acres out
17 of the Edward Hall and Levi Jones Surveys No. 7
and 8 in Galveston County, to comply with the
18 development requirements of Como Lake Ltd. as per
Exhibit B as it exists or as it may be later
19 amended."
AGENDA ITEM NO. 11: ACTION - LAND ACQUISITION -
20 CAMERON COUNTY.
21 CHAIRMAN IDSAL: Agenda item number
22 11, an action item, land acquisition in Cameron
23 County. Mr. Bauer, will you please give your
24 presentation?
25 MR. BAUER: Madam Chairman and
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1 Commissioners, this item represents a land
2 acquisition recommendation at the Arroyo Colorado
3 unit at the Las Palomas wildlife management area
4 in Cameron County. The wildlife division recently
5 took over management of this facility as a
6 white-winged dove and riparian corridor habitat
7 tract. Long-term development and public use is
8 depending on securing improved road access and
9 parking at the facility. Two tracts, composing
10 approximately 14 acres, are recommended for
11 acquisition, using white-winged dove funds for
12 funding. The two tracts are owned by two
13 individuals who are willing sellers.
14 Staff recommends the Commission
15 consider the motion before you to acquire two
16 tracts for roadway development, parking and
17 habitat restoration at the Arroyo Colorado unit of
18 the Las Palomas wildlife management area. May I
19 answer any questions?
20 CHAIRMAN IDSAL: Is there any
21 discussion?
22 COMMISSIONER MONTGOMERY: I make a
23 motion to approve.
24 COMMISSIONER RAMOS: Second.
25 CHAIRMAN IDSAL: We have a motion
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1 and a second. All in favor?
2 ("Aye.")
3 CHAIRMAN IDSAL: Any opposed?
4 Hearing none, motion carries.
5 (Motion passes unanimously.)
6 COMMISSIONER MONTGOMERY: Thank you
7 for the brief briefing.
8 MR. BAUER: Thank you.
9 "The Executive Director is authorized to take all
necessary steps to acquire approximately 14 acres
10 in Cameron County for roadway construction and
habitat restoration to the Arroyo Colorado Unit of
11 the Las Palomas WMA."
12 AGENDA ITEM NO. 12: ACTION - LAND ACQUISITION -
13 NUECES COUNTY.
14 CHAIRMAN IDSAL: Agenda item number
15 12, land acquisition, Mr. Francell, would you
16 please make your presentation? This is land
17 acquisition in Nueces County. We have someone --
18 oh, here he is.
19 MR. FRANCELL: Commissioners, I'm
20 Jeff Francell. This is a land acquisition item at
21 Mustang Island State Park in Nueces County.
22 Mustang Island State Park is on Mustang Island in
23 Nueces County.
24 We were here because of a grant
25 program that was initiated by the National Oceanic
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1 and Atmospheric Administration. It's administered
2 by the GLO. Texas received 26.4 million for this
3 program.
4 The tract of land Parks and Wildlife
5 submitted a grant for is the Anderson tract, which
6 is an inholding. It's surrounded on two sides by
7 Mustang Island State Park and the other side by
8 the bay, Corpus Christi bay. Parks and Wildlife
9 submitted a grant to the General Land Office for
10 the acquisition of this tract and was awarded $1.2
11 million 45,000 from the Coastal Impact Assistance
12 Program specifically for the purchase of critical
13 habitat. The property is a mosaic of prairies and
14 marshes and is located on the bay. It is also a
15 potential wildlife habitat.
16 The property will be added to
17 Mustang Island State Park. It will be managed for
18 habitat restoration and low impact recreation.
19 And funds for the acquisition are entirely funded
20 by the grant program.
21 Staff recommends that the Commission
22 adopt the following motion, that the executive
23 director is authorized to take the necessary steps
24 to acquire the 160 acres as an addition to Mustang
25 Island State Park.
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1 CHAIRMAN IDSAL: Are there any
2 comments from the Commission? Is there a motion
3 on this item?
4 VICE-CHAIRMAN ANGELO: Move
5 approval.
6 COMMISSIONER MONTGOMERY: Second.
7 CHAIRMAN IDSAL: A second by
8 Commissioner Montgomery. All in favor?
9 ("Aye.")
10 CHAIRMAN IDSAL: Opposed? Motion
11 carries.
12 (Motion passes unanimously.)
13 MR. FRANCELL: Thank you.
14 CHAIRMAN IDSAL: Thank you, Jeff.
15 "The Executive Director is authorized to take all
necessary actions to acquire the 160 acres on
16 Mustang Island as an addition to Mustang Island
State Park."
17 AGENDA ITEM NO. 13: ACTION - LAND ACQUISITION -
18 HARRIS COUNTY.
19 CHAIRMAN IDSAL: Agenda item number
20 13, action item, land acquisition in Harris
21 County. Mr. Ray, will you please make your
22 presentation?
23 MR. RAY: Commissioners, my name is
24 Ronnie Ray. I'm with the Land Conservation Group.
25 This item is an acquisition of an 8.32 acre
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1 inholding at San Jacinto Battleground State
2 Historic Site. This tract is depicted by the
3 yellow outline tract, long, slender tract in the
4 middle of the park. The recommendation is that
5 the executive director is authorized to take all
6 steps necessary to purchase approximately 8.32
7 acres in Harris County as an addition to the
8 state -- excuse me -- the San Jacinto Battlefield
9 State Historic Site. I'll answer any questions.
10 CHAIRMAN IDSAL: Are there any
11 comments from the Commission? Do I have a motion?
12 COMMISSIONER AVILA: Move approval.
13 COMMISSIONER RAMOS: Second.
14 CHAIRMAN IDSAL: All in favor?
15 ("Aye.")
16 CHAIRMAN IDSAL: Opposed? Motion
17 carries.
18 (Motion passes unanimously.)
19 CHAIRMAN IDSAL: Thank you, Mr. Ray.
20 MR. RAY: Thank you.
21 "The Executive Director is authorized to take all
steps necessary to purchase approximately 8.32
22 acres in Harris County as an addition to San
Jacinto Battleground State Historic Site."
23 CHAIRMAN IDSAL: Mr. Cook, is there
24 any other business to come before this commission
25 today?
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1 MR. COOK: No, ma'am, there is not.
2 CHAIRMAN IDSAL: I declare ourselves
3 adjourned.
4 *-*-*-*-*
5 (MEETING ADJOURNED.)
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1 REPORTER'S CERTIFICATE
2 STATE OF TEXAS )
3 COUNTY OF TRAVIS )
4
5 I, MELODY RENEE DeYOUNG, a Certified
6 Court Reporter in and for the State of Texas, do
7 hereby certify that the above and foregoing 81
8 pages constitute a full, true and correct
9 transcript of the minutes of the Texas Parks and
10 Wildlife Commission on MAY 30, 2002, in the
11 Commission hearing room of the Texas Parks and
12 Wildlife Headquarters Complex, Austin, Travis
13 County, Texas.
14 I FURTHER CERTIFY that a stenographic record
15 was made by me a the time of the public meeting
16 and said stenographic notes were thereafter
17 reduced to computerized transcription under my
18 supervision and control.
19 WITNESS MY HAND this the 15TH day of JULY,
20 2002.
21
22 MELODY RENEE DeYOUNG, RPR, CSR NO. 3226
Expiration Date: 12-31-02
23 3101 Bee Caves Road
Centre II, Suite 220
24 Austin, Texas 78746
(512) 328-5557
25
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1
2 APPROVED this the ____ day of ____________ 2002.
3
4
5 Katharine Armstrong Idsal, Chairman
6
7 Ernest Angelo, Jr, Vice Chairman
8
9 John Avila, Jr., Member
10
11 Joseph B. C. Fitzsimons, Member
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13 Alvin L. Henry, Member
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15 Philip Montgomery, III, Member
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17 Donato D. Ramos, Member
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19 Kelly W. Rising, M.D., Member
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21 Mark E. Watson, Jr., Member
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