Presenter: Ann Bright
Commission Agenda Item No. 7
Rule Review-Adoption of Proposed Changes to Chapters 53, 59, 69
March 26, 2009
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. As a result of this review, Texas Parks and Wildlife Department (TPWD) staff is requesting that the Texas Parks and Wildlife Commission (the Commission) adopt changes to Chapters 53 and 59 of TPWD rules, and adopt the completed rule review of Chapters 53, 59 and 69.
II. Discussion: In August 2008, the Commission authorized Texas Parks and Wildlife Department (TPWD) staff to review the following chapters of Title 31, Part II of the Texas Administrative Code: Chapter 53, Finance; Chapter 59 Parks; Chapter 69, Resource Protection. In January 2009, TPWD staff presented several recommended changes to these chapters and received permission to publish proposed changes in the Texas Register, for public comment. Proposed changes to Chapters 53 and 59 were published in the Texas Register on Friday, February 20, 2009.
However, the proposed fee increases (see Item No. 3, Finance Committee) would impact the same provisions of Chapter 53. The Texas Register does not permit an agency to proceed with more than one rulemaking on a single section at the same time. Therefore, staff has withdrawn the proposed amendments to Chapter 53, but will include those proposed amendments in the proposed fee increase rules.
The proposed amendments to Chapter 59, Parks are as follows:
- Subchapter C, Acquisition and Development of Historic Sites, Buildings and Structures, §§59.41-59.47. Rewrite to reflect current practice. For example, eliminate unnecessary and/or repetitive language, acknowledge that another agency also manages state historic sites, update references to the state purchasing and facilities authorities, update professional terminology.
- Subchapter D, Administration of the State Park System, §§59.61-59.64, 59.75. Rewrite to reflect current practice. For example, eliminate and/or combine duplicate provisions, update professional terminology, eliminate references to Recreational Areas and Game Management Areas.
- Subchapter F, State Park Operations Rules, §§59.131-59.134. Rewrite to reflect current practice and to eliminate and/or combine duplicate provisions. For example, address the supervision of minors, handling of pets, and possession of concealed weapons.
No changes are proposed to Chapter 69, Resource Protection.
III. Recommendation: TPWD staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:
"The Texas Parks and Wildlife Commission adopts the repeal of §59.75 and amendments to §§59.41-59.47, 59.61-59.64, and 59.131-59.134, concerning Parks as published in the February 20, 2009, issue of the Texas Register (34 TexReg 1187), with changes as necessary to the proposed text, and also adopts the completed rule review of Chapters 53, 59 and 69 of the Texas Parks and Wildlife Department rules (Title 31, Part II of the Texas Administrative Code)."
Attachment - 1
- Exhibit A - Chapter 59, Proposed Rule Amendments