Presenter: Ann Bright
Commission Agenda Item No. 4
Rule Review-Recommended Adoption of Proposed Changes
November 6, 2008
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. Texas Parks and Wildlife Department (TPWD) staff is requesting that the Commission adopt changes to TPWD rules that have been reviewed.
II. Discussion: In May 2008, the Commission authorized staff to review the following chapters of Title 31, Texas Administrative Code: Chapter 51, Executive; Chapter 52, Wildlife and Fisheries; Chapter 55, Law Enforcement; Chapter 61, Design and Construction. In August 2008, the Commission authorized staff to publish proposed changes to those rules in the Texas Register for public comment. The following proposed changes were published in the October 3, 2008, issue of the Texas Register.
- Chapter 51, Executive: Revise the petition for rulemaking provisions (Subchapter A) to allow TPWD staff to deny a petition for rulemaking that is duplicative of a petition for rulemaking received within the previous 6 months, to add a provision amending the process when staff believes a petition for rulemaking should be granted, and to eliminate the requirement that TPWD staff verify that Commissioners received the petition for rulemaking; revise the employee fundraising rules (Subchapter C) to more accurately reflect current agency practice regarding the acceptance of donations; and, revise the hunter education rules (Subchapter D) to clarify the required passing grade.
- Chapter 52, Wildlife and Fisheries: Change the title of Chapter 52 to "Stocking Policy."
- Chapter 55, Law Enforcement: No change.
- Chapter 61, Design and Construction: Revise the regional park program priority ranking system (Subchapter E) to track changes made to other programs in previous rulemaking and to revise the definition of "low income" in all the priority ranking systems.
III. Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the proposed changes and adopt the rule review with the following motion:
"The Texas Parks and Wildlife Commission adopts amendments to §§51.3, 51.70, 51.80, 52.101, and 61.133 - 61.139 as published in the October 3, issue of the Texas Register (Tex. Reg. 8298), with changes as necessary to the proposed text, and also adopts the completed rule review of Chapters 51, 52, 55 and 61 of the Texas Parks and Wildlife Department rules."
Attachments - 3
- Exhibit A - Proposed Rule Amendments for Chapter 51, Executive
- Exhibit B - Proposed Rule Amendments for Chapter 52, Wildlife and Fisheries
- Exhibit C - Proposed Rule Amendments for Chapter 61, Design and Construction