Work Session Item No. 1
Presenter: Carter Smith

Work Session
TPWD Land and Water Resources Conservation and Recreation Plan
November 5, 2014

I.       Executive Summary: Executive Director Carter Smith will briefly update the Commission on the status of the agency’s efforts to implement the Land and Water Resources Conservation and Recreation Plan (the “Plan”).

II.     Discussion: In 2001, the 77th Texas Legislature directed that the Texas Parks and Wildlife Department (TPWD) develop a Land and Water Resources Conservation and Recreation Plan (Tex. Park & Wildlife Code §11.104). In 2002, the Texas Parks and Wildlife Commission (the Commission) adopted the first Plan. A revised Plan was adopted by the Commission in January 2005. In November 2009, the Commission approved a new Plan effective January 1, 2010. The 2010 Plan is available on the TPWD web site. Executive Director Carter Smith will update the Commission on TPWD’s recent progress in achieving the Plan’s goals, objectives and deliverables, and the status of the proposed 2015 Plan.

The Plan consists of the following four goals:

1. Practice, Encourage and Enable Science-based Stewardship of Natural and Cultural Resources
2. Increase Access To and Participation In the Outdoors
3. Educate, Inform and Engage Texas Citizens in Support of Conservation and Recreation
4. Employ Efficient, Sustainable and Sound Business Practices

Work Session Item No. 2
Presenter: Cindy Hancock

Work Session
FY14 Internal Audit Plan Update and Proposed FY15 Internal Audit Plan
November 5, 2014

I.       Executive Summary:  Staff will present an update on the Texas Parks and Wildlife Department (TPWD) Fiscal Year (FY) 14 Internal Audit Plan and ongoing or completed external audits, provide the methodology used to develop the proposed FY15 Internal Audit Plan, and recommend adoption of the motion to approve the proposed FY15 Internal Audit Plan.

II.     Discussion:

1. Staff will provide an update on the TPWD FY14 Internal Audit Plan as well as a briefing of any external audits that have been recently completed and/or are ongoing.
2. Staff will discuss the methodology used in the development of the proposed FY15 Internal Audit Plan.
3. Staff will recommend adoption of the motion to approve the proposed FY15 Internal Audit Plan.  

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

“The Texas Parks and Wildlife Commission approves the TPWD FY15 Internal Audit Plan as listed in Exhibit A.”

Work Session Item No. 2
Exhibit A

List of Alternative Projects
Audits of Selected Goods and Services Contracts
Audits of Selected State Parks
Audits of Selected Law Enforcement Offices

Work Session Item No. 3
Presenter: Alan Cain

Work Session
Managed Lands Deer Program
November 5, 2014

I.       Executive Summary:  Staff will present a summary of the Managed Lands Deer (MLD) Program, including the history and growth, current challenges, and suggestions for improvements.

II.     Discussion:  The MLD program has been in effect since 1996 and has been a very successful Department program to encourage deer harvest, deer management, and habitat conservation. In 2013 approximately 9,500 properties and 24 million acres were participating in the MLD program. The substantial growth in the program during the last 18 years, periodic changes to the program rules over time, and request for changes by staff as well as MLD participants has prompted staff to explore options to simplify the MLD program and other deer tag issuance programs as well as improve efficiency of the administration of the MLD program. A brief overview of the history and growth of MLD, current challenges and general ideas of staff suggestions for improvements will be presented.

Work Session Item No. 4
Presenter: Randy Myers
Dave Terre

Work Session
Alligator Gar Update - Falcon Lake
November 5, 2014

I.  Executive Summary:  Staff will brief the Commission on the results of studies related to the Falcon Lake Alligator Gar population and fishery.

II. Discussion: Public concerns over a perceived overabundance of Alligator Gar and their potential impact to the fishery at Falcon Lake prompted Texas Parks and Wildlife Department (TPWD) to launch intensive studies to assess the status of the Alligator Gar population and fishery.  Since April 2014, TPWD has been conducting intensive Alligator Gar surveys to determine growth, size structure, diet, and life history information including fecundity, age-at-maturity, spawning time, frequency of reproduction, and genetics.  These surveys continued through October 2014 and gave TPWD a comprehensive picture of Alligator Gar’s current status at Falcon Lake.  Also in April 2014, TPWD initiated angler surveys at public boat ramps to determine angler opinions and preferences regarding gar fishing in the lake; these surveys targeted anglers that specifically fish for Alligator Gar. Based on the results of these studies, potential options for a harvest regulation change will be discussed.

Work Session Item No. 5
Presenter: Lance Robinson

Work Session
Shrimp Regulations Review
November 5, 2014

I.  Executive Summary: Staff will brief the Texas Parks and Wildlife Commission regarding progress in reviewing current commercial shrimping regulations in light of requests from industry to begin a dialogue regarding future management options.

II. Discussion: A voluntary license buyback program has been in effect for the commercial inshore shrimp fishery since Fiscal Year 1997.   During the 18 years of this program, the overall number of licenses has been reduced by 66 percent, leaving around 380 bay and bait licenses each along the coast.

During the August 2014 Commission meeting in Houston, members of the inshore shrimp fishery asked Texas Parks and Wildlife Department to work with the industry in reviewing current management measures in light of the reduced fishing effort that has occurred. Staff are reviewing both fishery independent and fishery dependent data and will provide a time line for considering any potential changes in regulations.

Work Session Item No. 6
Presenter: Ken Kurzawski
Jeremy Leitz

Work Session
2015-2016 Statewide Recreational and Commercial Fishing Proclamation Preview
November 5, 2014

I.       Executive Summary:  This item apprises the Texas Parks and Wildlife (TPW) Commission of potential changes to recreational and commercial fishing regulations for the 2015-16 season.

II.     Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking freshwater and saltwater fisheries resources is delegated to the TPW Commission under Parks and Wildlife Code, Chapters 61 (Uniform Wildlife Regulatory Act), 66 (Fish), 67 (Nongame Species), 76 (Oysters), 77 (Shrimp), and 78 (Mussels, Clams, and Crabs).  The potential changes are based upon statutory requirements and TPW Commission policy, including scientific investigation and required findings of fact, where applicable.  The potential changes are intended to increase recreational opportunity, decrease regulatory complexity where possible, promote enforcement, and provide for the sound biological management of the fisheries resources of the state.

Work Session Item No. 6
Exhibit A

Potential Changes to Fisheries Regulations 2015-2016

Inland Fisheries

• Modify harvest regulations for largemouth bass on Braunig, Calaveras, and Nasworthy reservoirs;
• Modify harvest regulations for smallmouth bass on O.H. Ivie reservoir;
• Modify harvest regulations for alligator gar on Falcon Lake.

Coastal Fisheries

• Clean up the definition of fish guide deckhand;
• Clean up requirement of finfish and crab rules to state that only one licensed individual may fish under authority of one plate at a time.

Work Session Item No. 7
Presenter: Jason Hardin

Work Session
2015-2016 Statewide Hunting Proclamation Preview
November 5, 2014

I.       Executive Summary:  This item apprises the Texas Parks and Wildlife (TPW) Commission of potential changes to hunting regulations for the 2015-16 season.

II.     Discussion:  Responsibility for establishing seasons, bag limits, and means and methods for taking game animals and game birds is delegated to the TPW Commission under Parks and Wildlife Code, Chapter 61 (Uniform Wildlife Regulatory Act).   The potential changes are based upon statutory requirements and TPW Commission policy, including scientific investigation and required findings of fact, where applicable.  The potential changes are intended to increase recreational opportunity, decrease regulatory complexity where possible, promote enforcement, and provide for the sound biological management of the wildlife resources of the state. 

Work Session Item No. 7
Exhibit A

Potential Changes to Hunting Regulations 2015-2016

Turkey

• Expand the late youth-only season for Rio Grande turkey to be concurrent with the late youth-only season for white-tailed deer (14 days);
• Close the season for eastern turkey season in 13 counties (Angelina, Brazoria, Camp, Fort Bend, Franklin, Harrison, Hopkins, Matagorda, Morris, Titus, Trinity, Wharton, and Wood) and on National Forest lands in Jasper County;
• Implement a limited season for Rio Grande turkey in Matagorda and Wharton counties.

Mule Deer

• Clarify language with respect to the take of antlerless mule deer during the archery-only special season.

Work Session Item No. 8
Presenter: Ann Bright

Work Session
Texas Resident Active Military Hunting and Fishing License
Request Permission to Publish Proposed Changes in the Texas Register
November 5, 2014

I. Executive Summary: Texas Parks and Wildlife Department (TPWD) staff will be seeks permission to publish proposed rule amendments in the Texas Register to establish a Texas Resident Active Military Hunting License and a Texas Resident Active Military Fishing License, in addition to the current Texas Resident Active Military Super Combination License.

II. Discussion: Parks and Wildlife Code §42.012(b) requires the Commission to “waive the [hunting license] fee for . . . a resident on active duty as a member of the United States military forces, the Texas Army National Guard, the Texas Air National Guard or the Texas State Guard.”  Similarly, §46.004(c) of the Parks and Wildlife Code requires the Commission to “waive the [fishing license] fee for . . . a resident on active duty as a member of the United States military, forces, the Texas Army National Guard, the Texas Air National Guard or the Texas State Guard.” After these sections were enacted in 2005, the Commission approved the Texas Resident Active Military Super Combination All Water license for ease of administration.  See, 31 TAC §53.3(a)(11); HB 1076 (2005); 30 Tex. Reg. 6764 (October 14, 2005).

However, an issue recently arose in which a Texas resident who is on active duty as a member of military had previously purchased a lifetime hunting license. Issuance of the Texas Resident Active Military Super Combination All Water license would have resulted in this individual possessing more than one hunting license in violation of the Parks and Wildlife Code.  See, Tex. Parks & Wild. Code §42.022. Although TPWD staff can employ a manual mechanism to address such an issue and ensure compliance with the requirement to issue an active military hunting and/or active military fishing license, staff recommends the establishment of a Texas Resident Active Military Hunting License and a Texas Resident Active Military Fishing License, in addition to the current Texas Resident Active Military Super Combination License. Therefore, staff recommends publication of proposed rules in the Texas Register to establish these licenses.

Work Session Item No. 8
Exhibit A

LICENSE, PERMIT, AND BOAT AND MOTOR FEES PROPOSED

PROPOSED RULE TEXT

§53.5 Recreational Hunting Licenses, Stamps and Tags

         (a) Hunting Licenses:

                 (1) – (8) No Change

                 (9) Texas resident active duty military hunting package — $0. Package consists of a resident hunting license, an upland game bird stamp, a migratory game bird stamp, an archery stamp.

         (b) Replacement licenses. Except as otherwise provided in this subsection, the fee for replacement of any hunting license is $10.

                 (1) – (2) No Change

                 (3) Texas resident active duty military hunting package replacement — $0.

§53.6 Recreational Fishing Licenses, Stamps and Tags

         (a) The items listed in this subsection are sold only as part of a package. The price and terms of these items are as follows:

                 (1) – (5) No Change

                 (6) Texas resident active duty military fishing package — $0. Package consists of a resident fishing license, a freshwater fish stamp, and a saltwater sportfishing stamp with a red drum tag.

         (b) – (c) No Change

         (d) Replacement licenses and packages.

                 (1) – (2) No Change.

                 (3) Texas resident active duty military fishing package replacement — $0.

Work Session Item No. 9
Presenter: Josh Havens
Darcy Bontempo

Work Session
Promotional Drawing Rule
November 5, 2014

I.       Executive Summary:  This item seeks permission to publish a proposed new regulation that would allow the department, with the approval of the executive director, to create specific promotional event packages (consisting of goods, products, or services provided by the department or donated by third parties) to be made available by means of random drawing to individual members of the public who provide a valid email address and take one of the actions specified in the rule. The proposed new rule is intended to establish a mechanism to encourage persons to provide valid email addresses, which would enable the department to cost-effectively communicate with customers and constituents for the purpose of providing information about recreational opportunities, conservation issues and other mission-relevant information.

II.     Discussion:  Under Parks and Wildlife Code, §11.0271, the department may conduct public drawings to select applicants for public hunting programs, packages, or events. Under Parks and Wildlife Code, §11.0272, the department may conduct public drawings to select applicants for special fishing or other special programs, packages, or events. Under Parks and Wildlife Code, §42.012, the commission may waive the fee for a hunting license for a resident who is participating in an event sponsored or co-sponsored by the department with the approval of the executive director. Under Parks and Wildlife Code, §46.002, a person who is participating in an event sponsored or co-sponsored by the department with the approval of the executive director is exempt from fishing license requirements. Under Parks and Wildlife Code, §50.001, the commission is required to establish combination licenses or license packages for hunting, fishing, or other activities and may establish fees for combination license or license packages, provided the fee is less than the fees for the individual components of the package. Under Parks and Wildlife Code, §13.015, the commission may establish park user fees. Under Parks and Wildlife Code, §81.403, the department may issue a permit authorizing access to public hunting land or for specific hunting, fishing, recreational, or other use of public hunting land  or a wildlife management area and the commission is required to prescribe the fees and conditions for the issuance and use of such permits by rule.

With the tremendous growth in internet accessibility, email communication has become a cost-efficient option for the department to communicate with its customers. In addition to being cost-efficient, communicating with customers by email in combination with direct mail, the primary tool historically used by the department to communicate with and market to customers, has proven to be the most effective way to generate response. At the current time, the department has valid email addresses for only a small percentage of existing customers; in order to enhance its ability to create and sustain communications with customers, the department wishes to make a robust effort to gather valid email addresses. The intent of the proposed rule is to use incentives provided by the department and/or third-party benefactors to create a reliable and effective communications link with customers who would like to know more about the department, what the department does, and opportunities to participate in activities central to the department’s mission, such as hunting and fishing, visiting state parks and participating in outdoor recreation. The proposal would also establish limitations on the scope and frequency of drawings for promotional event packages.

Work Session Item No. 9
Exhibit A

PROMOTIONAL DRAWING RULES

PROPOSAL PREAMBLE

1.  Introduction.

         The Texas Parks and Wildlife Department (the department) proposes new §53.60, concerning Promotional Drawings. The proposed new rule would authorize the executive director of the department to approve drawings for promotional hunting, fishing, and special event packages among persons who provide the department with valid email addresses and satisfy certain additional conditions. The proposed new rule is intended to facilitate enhanced communication with members of the public in support of the department’s mission to manage and conserve the natural and cultural resources of Texas and to provide hunting, fishing, and outdoor recreation opportunities for the use and enjoyment of present and future generations.  See, Tex. Parks & Wild. Code §§1.011, 11.043(c)(6), 13.001, and 13.005.

         Under Parks and Wildlife Code, §11.0271, the department may conduct public drawings to select applicants for public hunting programs, packages, or events. Under Parks and Wildlife Code, §11.0272, the department may conduct public drawings to select applicants for special fishing or other special programs, packages, or events. Under Parks and Wildlife Code, §42.012, the commission may waive the fee for a hunting license for a resident who is participating in an event sponsored or co-sponsored by the department with the approval of the executive director. Under Parks and Wildlife Code, §46.002, a person who is participating in an event sponsored or co-sponsored by the department with the approval of the executive director is exempt from fishing license requirements. Under Parks and Wildlife Code, §50.001, the commission is required to establish combination licenses or license packages for hunting, fishing, or other activities and may establish fees for combination license or license packages, provided the fee is less than the fees for the individual components of the package. Under Parks and Wildlife Code, §13.015, the commission may establish park user fees. Under Parks and Wildlife Code, §81.403, the department may issue a permit authorizing access to public hunting land or for specific hunting, fishing, recreational, or other use of public hunting land or a wildlife management area and the commission is required to prescribe the fees and conditions for the issuance and use of such permits by rule.

         Email is one of the most effective and cost-efficient vehicles for increasing revenue and engagement, creating an avenue for ongoing communications with customers, and for reaching and recruiting new and diverse audiences to help achieve outreach goals. There are nearly three times as many email accounts as there are Facebook and Twitter accounts combined (http://emailcritic.com/wp-content/uploads/2011/09/the_value_of_email_marketing_large.jpg), which makes email the most widely-used digital channel, with 91% of all U.S. consumers using it daily (http://www.mckinsey.com/insights/marketing_sales/why_marketers_should_keep_sending_you_emails).

         The Direct Marketing Association estimates that for every dollar spent on email marketing, the average return on investment is $44.25 (http://keystoneclick.com/blog/infographics/value-email-marketing). Smart Insights research indicates that businesses experienced 20% higher daily revenue on days that they sent email marketing messages versus days that they did not (http://www.smartinsights.com/email-marketing/email-marketing-analytics/measuring-the-unmeasured-value-of-email-marketing/), and the McKinsey Research Study estimated that email drives purchases at a rate roughly three times higher than social media with an average order value that is 17% higher (http://www.mckinsey.com/insights/marketing_sales/why_marketers_should_keep_sending_you_emails). In light of these factors, email marketing strategies are a sound business practice.

         At the current time, the department has valid email addresses for only a small percentage of existing customers (for example, 5% of  recreational license purchasers, 23% of Texas Parks and Wildlife magazine subscribers, 24% of persons who registered boats, and 31% of State Park Pass purchasers).  In order to enhance its ability to create and sustain communications with customers, the department wishes to make a robust effort to gather valid email addresses. The intent of the department is to develop a reliable and effective communications link with customers and constituents who would like to know more about the department, what the department does, and opportunities to participate in activities central to the department’s mission, such as hunting and fishing, visiting state parks and participating in outdoor recreation and conservation practices.

         The department is charged with providing outreach and education regarding the wise use and conservation of fish and wildlife resources; with increasing participation in outdoor recreation; and, with providing education and information about a variety of topics regarding conservation and recreation. See, Tex. Parks & Wild. Code, §§11.0181, 11.033(a)(2), 11.035(b)(2), 11.054(a)(1), 13.017(a), 31.002, and 88.007(d).  As a result, the department currently produces a number of targeted e-newsletters and email updates to increase engagement and reach new audiences. For example, the State Parks Getaways e-newsletter, sent on a bi-monthly basis to more than 149,000 subscribers, provides information on upcoming park events, educates about conservation initiatives, and promotes park programs such as the Junior Ranger Program and Texas Outdoor Family.

         The department has conducted email marketing tests on a limited basis; in every case, the use of email by itself or in conjunction with direct mail has resulted in increased revenue. In 2013, monthly renewal reminder emails sent to State Park Pass holders throughout the year resulted in a 3% increase in sales ($56,420) compared to customers who received no email reminder. In 2012, the department employed email marketing to solicit donations for state parks with an email sent to state park visitors, resulting in more than $32,000 in donations within a 24-hour period. And for the past several years, Texas Parks & Wildlife magazine has conducted successful email marketing efforts during the holidays that have resulted in increased subscriptions and net revenue.

         Using email in combination with direct mail has also proven to be effective. In 2013 the department partnered with the Recreational Boating and Fishing Foundation on a fishing license marketing effort. Anglers who received both a direct mail postcard and an email reminder exhibited the highest response rate, resulting in a 1.91% increase in sales (more than enough to cover the cost of the campaign).  In 2012, the department partnered with the National Shooting Sports Foundation to test the effectiveness of renewal marketing to hunters. Sending a direct mail postcard in combination with email proved to be the most effective strategy, resulting in a 1.29% increase in sales and a positive return on investment. Similarly, in 2013, the response rate of customers who received both direct mail and email for the Big Time Texas Hunts Program (a department drawing for a suite of premium hunting opportunities) was 33%, double the response rate of people who received only direct mail (16%).

         Other state agencies have proven the effectiveness of email coupled with social media at retaining existing customers and generating additional revenue. For example, a pilot study conducted by the Florida Fish and Wildlife Conservation Commission and evaluated by Southwick Associates in 2011 demonstrated that email together with social media can reduce “churn” (the tendency of some persons to purchase licenses irregularly, rather than annually) of hunting license purchasers. As a result of their efforts, nearly 6,400 more people bought a hunting license than would have without the marketing strategy, generating more than $300,000 in additional revenue (http://www.southwickassociates.com/wp-content/uploads/downloads/2014/06/July2014Newsletter_Long_PH.pdf).

         The department’s current contract with its email service provider allows for an unlimited amount of emails to be sent for an annual fee of $25,389.  Collecting additional email addresses will enable the department to communicate with customers and constituents in a manner that is efficient, sustainable and fiscally sound in order to educate, inform and engage Texas citizens in support of conservation and recreation, thus fulfilling the department’s mission and the goals of the department’s Land and Water Resources Conservation and Recreation Plan. See, Tex. Parks & Wild. Code, §11.104.

         The email addresses collected by the department under the provisions of the proposed new section would be protected from public disclosure under the provisions of Government Code, §552.137, and would be used only for department purposes and would not be publicly disclosed.  The department also stresses that customers will easily be able to opt out of participation.

         Proposed new §53.60(a) would authorize the executive director of the department to approve specific promotional event packages to be made available to individual members of the public by means of random drawing. The department believes that that it is prudent to establish reasonable limitations on the scope and frequency of drawings for promotional event packages. Therefore, the proposed new subsection would stipulate that the aggregate value of the components of event packages (not including goods or services provided or paid for by third parties) not exceed $5,000 for any fiscal year; that the projected value or benefit to the department of any specific promotional event package equal or exceed the costs of the components of the package (not to include package components provided or paid for by third parties); and that the terms and conditions of each drawing for a promotional event package covered by the proposed section be enumerated.

         Proposed new §53.60(b) would set forth the various types of goods and services that could be included in packages authorized by the executive director pursuant to the proposed new section.

         Proposed new §53.60(c) would provide that a person who gives the department a valid email address and purchases an item listed in the rule (recreational hunting, fishing, or combination license; state parks annual entrance permit; entry and/or lodging at a state park, state natural area, wildlife management area, or other facility owned, leased, or operated by the department; one-year subscription to Texas Parks & Wildlife magazine); or who subscribes to one or more of the department’s email subscription topics or pays a specified entry fee not to exceed $25 may be entered into a specified drawing for a promotional event package. Promotional event packages would consist of a specified combination of a recreational hunting, fishing, or combination hunting and fishing license (stamp endorsements included); a state parks annual entrance permit; a one-year subscription to Texas Parks and Wildlife magazine;  entry and/or lodging at a state park, state natural area, wildlife management area, or other facility owned, leased, or operated by the department; hunting or fishing privileges (including all necessary permits) on lands owned or leased by the department, including a state park, wildlife management area, or state natural area; or goods, products, or services provided to the department by a third party.

         Proposed new §53.60 (d) would stipulate that the department notify drawing winners via the email address provided at the time of entry. Since the point of conducting the drawings is to encourage customers to furnish the department with a reliable email address for future communications efforts, notification via valid email address will discourage the use of spurious email addresses simply to obtain a benefit. The proposed new subsection also would stipulate that persons who satisfy an entry requirement by subscribing to the department’s email updates must be subscribed at the time of the drawing in order to win. If the means of entry for the promotional event package is a subscription to one or more of the department’s email topics (the only option that does not involve the payment of an entry fee or purchase of a license, park visitation, or magazine subscription), the entrant would be required to be subscribed at the time the drawing is conducted in order for the department to be able to notify them should they be selected.

         Proposed new §53.60(e) would require the department to publish specific information regarding each promotional event package drawing on the department’s website. Because each special promotional event will be unique, the department considers that it is impractical to exhaustively delineate the many possible permutations of drawing requirements by rule. The proposed new rule would set forth the most important components of the process and the department will provide detailed information on each drawing by means of the department’s website.

         Proposed new §53.60(f) would provide that a person who is selected to receive a magazine subscription, state parks annual pass, or recreational hunting, fishing, or combination hunting and fishing license that the person already holds will be issued the subscription, pass, or license at no cost valid at the time of renewal or for the following year. Obviously, it would be redundant and counterproductive to award a magazine subscription, parks pass, or recreational hunting or fishing license to a person who already possesses one of those items (in the case of recreational licenses, the issuance of more than one of any license in any license year is prohibited by statute); therefore, the proposed new rule would allow the issuance of the drawn item for the following year.

         Proposed new §53.60(g) would stipulate that a promotional event package may not be sold, exchanged for anything of value, or transferred to another person. The department believes that only the person who enters a drawing should be able to receive a promotional event package.

2. Fiscal Note.

         Darcy Bontempo, Director of Marketing, has determined that for each of the first five years the rule as proposed is in effect, there will be minimal fiscal implications to state government as a result of enforcing or administering the rule. The department notes that the inherent difficulty in quantifying the monetary value of enhanced communication with customers influences this analysis; however, it is the intention of the department that the proposed rule be revenue neutral or revenue positive. The value of the licenses, passes, permits, entry fees, lodging fees, and magazine subscriptions to be offered at no charge as part of promotional drawings is therefore to be capped at $5,000 per fiscal year. Based on response rates from examples noted earlier in this preamble, the department could realize additional revenue from targeted marketing efforts that utilize email addresses collected as a result of these promotional drawings. Additionally, there is the potential for the promotional drawings themselves to generate increased sales should the means of entry require the purchase of department products; however, the department has no relevant historical data upon which to base an estimate.  Additionally, there could be increased revenue to the department in the form of a participation fee of $25 or less per person per drawing; however, because it is likely that the preponderance of participants will be entered by virtue of either having subscribed to the email updates or purchasing a license, pass, or magazine subscription, the department believes that revenue implications, although positive, will be slight.

         Additionally, the department notes that the proposed new rule will be implemented using existing personnel and systems; thus there will be no costs above current operational costs that will be incurred.

         There will be no fiscal implications to other units of state or local governments as a result of enforcing or administering the rule.

3. Public Benefit/Cost Note.

         Ms. Bontempo also has determined that for each of the first five years the rule as proposed is in effect:

         (A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be the enhanced ability of the department to communicate with the public and disseminate information of interest to the public as well as to encourage and solicit public participation in the department’s important conservation and recreation mission.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. The department considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the rule does not directly affect any small business or microbusiness; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

         There also will be no adverse economic effect on persons required to comply with the rule as proposed.

         (C) The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as the department has determined that the rule as proposed will not impact local economies.

         (D) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2008, as a result of the proposed rule.

4. Request for Public Comment.

Work Session Item No. 12
Presenter: Ted Hollingsworth

Work Session
Acquisition of Land – 88 Acres
For Addition to Goliad State Park and Historic Site
November 5, 2014

I. Executive Summary: One of the Goliad massacre sites is available for acquisition and addition to the Goliad State Park and Historic Site.

II. Discussion: In 1749, Mission Espiritu Santo and Presidio La Bahia were established on opposite banks of the San Antonio River in present day Goliad. Today the Mission and its grounds are operated as the Goliad State Park and Historic Site (SPHS). Goliad and the Presidio gained notoriety during the Texan War for Independence when the Presidio was used as a fort and prison. On March 27, 1836, 303 Texan prisoners were marched out of the fort in three columns to three different locations nearby, and all were shot at point blank range by their Mexican captors. All three locations are presently on privately owned lands.

One of the massacre sites, across the river from the SPHS, has been offered for sale to Texas Parks and Wildlife Department. There is a potential opportunity to fund the acquisition through a proposed Natural Resource Damage Assessment settlement with an oil company for an oil spill in the San Antonio River watershed. If acquired, the 88-acre tract would be added to the 188-acre SPHS for conservation of habitat and interpretation of the historic events associated with the site.

Staff requests permission to begin the public notice and input process.

Work Session Item No. 12
Exhibit A

Location Map for Goliad SPHS in Goliad County

Work Session Item No. 12
Exhibit B

Vicinity Map for Goliad SP and HS – 20 Miles Southwest of Victoria

Work Session Item No. 12
Exhibit C

Site Map for Subject 88 Acres at Goliad State SP and HS Park in Green; Subject Tract Outlined in Red

Work Session Item No. 13
Presenter: Corky Kuhlmann

Work Session
Property Transfer– Brazoria County
November 5, 2014

I. Executive Summary: Texas Parks and Wildlife Department (TPWD) staff has a request for a Property transfer at Sea Center Texas.

II. Discussion: Dow Chemical Company (DOW) has requested that the City of Lake Jackson abandon a short portion of Medical Drive. This segment of roadway is bound to the north by Dow Chemical and to the south by Sea Center Texas and comprises 1.386 acre of land. Once abandoned the Right-of-Way (R-O-W) is split in half and deeded to the abutting landowners.

Dow Chemical has requested that TPWD transfer its portion (the southern half) of the abandoned R-O-W to DOW. DOW will give TPWD an easement and install a pipeline to provide fresh water from a canal located north of Medical Drive across the abandoned roadway to replenish wetland habitat located on Sea Center Texas (TPWD) land.

Staff would like to begin the process of providing public notice and obtaining public input regarding TPWD accepting an approximate 0.69 acre tract of land from the City of Lake Jackson and transfer of said 0.69 acre tract to Dow Chemical Company.

Work Session Item No. 13
Exhibit A

Location Map
Brazoria County

Work Session Item No. 13
Exhibit B

Vicinity Map
Sea Center Texas

Work Session Item No. 13
Exhibit C

Site Map
Sea Center Texas

Work Session Item No. 17
Presenter: Grahame Jones
Ann Bright

(Executive Session Only)
Texas-Mexico Border Security and Deployment of Department Personnel
November 5, 2014

I. Executive Summary: Staff will present an update of the recent border surge, focusing on the role of game wardens in Operation Strong Safety.

Work Session Item No. 18
Presenter: Chairman Hughes

(Executive Session Only)
Personnel Matters
November 5, 2014

I. Executive Summary:

• Annual Performance Evaluation of Texas Parks and Wildlife Department Executive Director

Work Session Item No. 19
Presenter: Ann Bright

(Executive Session Only)
Red Snapper
November 5, 2014

I.       Executive Summary:  Attorneys for Texas Parks and Wildlife Department (TPWD) will brief, advise and discuss with the Commission a recent action by the Gulf of Mexico Fishery Management Council (GMFMC) regarding the harvest of red snapper in the Exclusive Economic Zone (EEZ) of the Gulf of Mexico.

II.     Discussion:  The federal Magnuson-Stevens Fishery Conservation and Management Act established eight fishery management councils to help manage the fisheries in the Exclusive Economic Zone (EEZ). These Councils are administered by the National Marine Fisheries Service (NMFS), an agency within the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce. Texas is a member of the Gulf of Mexico Fishery Management Council (GMFMC), which consists of 17 voting members comprised of state fish and wildlife agency, university, commercial and recreational fishery representatives from the States of Texas, Louisiana, Mississippi, Alabama, and Florida, and NMFS. The governor of each gulf state nominates members to the GMFMC. In addition to the state fish and wildlife agency representation, each state has at least one other representative.

On October 23, 2014, the GMSFMC voted to approve a final action regarding an amendment (Amendment 40) to Reef Fish Fishery Management Plan that establishes a separate charter-for-hire (CFH) sector within the recreational sector of the red snapper fishery. The CFH sector and supporters of Amendment 40 cited accountability and better control and accounting of the CFH sector as justification of the amendment. While studies have shown electronic reporting to be feasible from a technology perspective, there were no additional requirements of the sector that this amendment provides. The most significant result of Amendment 40 is that under the current estimation, the CFH subsector will receive 33 fishing days and the private recreational sector will receive 1 fishing day in the 2015 federal red snapper season.

Attorneys for TPWD will brief, advise and discuss the legal implications with the Commission in executive (closed) session as authorized by the Open Meetings Act (Tex. Gov’t Code §551.071).