Presenter: Mike Berger

Commission Agenda Item No. 12
Legislative Rules Review
Chapter 52 – Fisheries and Wildlife
Chapter 65 – Wildlife
August 2004

I. Executive Summary: This item presents the legislative rules review of Chapters 52 (Wildlife and Fisheries) and 65 (Wildlife) of the department's rules for adoption.

II. Discussion: Government Code, §2001.039 (the Act), requires each state agency to perform a review of all regulations not less than every four years and to either readopt, amend, or repeal each rule. The Act further requires that each agency readopting a rule certify that the reasons for the rule continue to exist. The department published a Notice of Intent to Review in the March 5, 2004, issue of the Texas Register (29 TexReg 2387, 2390), for the contents of Chapter 52 (Fisheries and Wildlife) and Chapter 65 (Wildlife). As a result of the review, staff identified several sections within Chapter 65 that must be amended to comport their contents with the recent reorganization of Chapter 53, concerning Finance. The necessary changes are nonsubstantive in nature and remove inaccurate references to fee amounts and to the Conservation Passport, which was eliminated last year. Regulations proposed for readoption without change are retained on the basis of continuing need and the determination that the reasons for their existence continue to exist.

III. Recommendation: Staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:

"As a result of the legislative rules review required by Government Code, §2001.039, and following publication of the required Notice of Intent to Review in the March 5, 2004, issue of the Texas Register (29 TexReg 2387, 2390), the Texas Parks and Wildlife Commission readopts without changes the contents of 31 TAC Chapter 52 and Chapter 65, Subchapters A, G, J, O, and V. Subchapters C, D, H, and T are also readopted without change, except for §§65.107, 65.132, 65.191, 65.193, 65.194, and 65.603".

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