Presenter: Ann Bright
Commission Agenda Item No. 8
Chapter 59 Parks
Chapter 69 Resource Protection
I. Executive Summary: Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years. A state agency’s review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist. Notices of proposed review of Chapter 59-Parks and Chapter 69-Resource Protection, were published in the Texas Register on September 24, 2004 (29 Tex.Reg. 9211). In November 2004, the Commission authorized publication of the proposed changes to Chapters 59 and 69. Notice of the proposed changes to Chapter 59 were published in the Texas Register on December 17, 2004 (29 Tex. Reg. 11556). Notice of the proposed changes to Chapter 69 were published in the Texas Register on December 24, 2004 (29 Tex.Reg 11932, 11999).
Completed Rule Review
TPWD staff recommends the adoption of the completed rule review of Chapters 59 and 69.
Adoption of Changes
TPWD staff recommends the adoption of the following changes to chapters 59 and 69:
Chapter 59, Parks:
- Subchapter B, Local Park Planning Assistance: Modify eligibility requirements in section 59.10 to reflect the current practice of providing assistance to governmental bodies with a population of 20,000 or less.
Chapter 69, Resource Protection
- Subchapter A, Threatened, Endangered and Protected Native Plants. Clarification of commercial plant permit provisions of section 69.5; revision of the graphics in section 69.8 to include the following species recently discovered in Texas that have been listed by the federal government: the Geocarpon minimum (federally listed as threatened June 16, 1987), Coryphantha scheeri var. robustispina (pima pinapple cactus) (federally listed as endangered September 23, 1993) and to correct the scientific names of other listed species;
- Subchapter B, Fish and Wildlife Values: Clarification of the definition of endangered species in section 69.21 and the method of calculating fish and wildlife values in section 69.24; correction of citations in section 69.19 and 69.26; clarification of language in sections 69.20, 69.21, 69.24, 69.25 and 69.27.
- Subchapter D, Memorandum of Understanding. Revision of subchapter title and section 69.71 title to clarify that the Memorandum of Understanding referenced in this rule is between TPWD and the Texas Department of Transportation.
- Subchapter F, Health Certification of Native Shellfish: Clarification of language in section 69.77.
- Subchapter J, Scientific, Educational, and Zoological Permits: Modification of section 69.301 to clarify that protected wildlife includes any parts of protected wildlife and modification of section 69.303 to address renewals.
III. Recommendation: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion:
The Texas Parks and Wildlife Commission adopts amendments to §59.10, §§69.5, 69.8, §§69.19-69.21, §§69.24-69.27, §69.71, §69.77, §69.301 and §69.303. The Texas Parks and Wildlife Commission also adopts the completed rule review of Chapters 59 and 69.