Work Session Item No. 1
Presenter: Carter Smith

Work Session
TPWD Land and Water Resources Conservation and Recreation Plan
May 24, 2017

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, that included broad input from stakeholders and the general public.  Minor revisions continue to be made to the Plan. The 2015 version of the 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.

The Plan consists of the following four goals:

1. Practice, Encourage and Enable Science-based Stewardship of Natural and Cultural Resources 

1. Increase Access To and Participation In the Outdoors 

1. Educate, Inform and Engage Texas Citizens in Support of Conservation and Recreation 

Employ Efficient, Sustainable and Sound Business Practices

Work Session Item No. 2
Presenter: Carter Smith

Work SessionLegislative Update - Request Permission to Publish Rules
Needed to Implement Legislation Passed During the 85th Texas Legislature
May 24, 2017

I.      Executive Summary: Executive Director Carter Smith will present a legislative update regarding the 85th Texas Legislature.

II.        Discussion: Executive Director Carter Smith will update the Texas Parks and Wildlife Commission on the deliberations of the Conference Committee on Appropriations and other major legislative issues and initiatives impacting Texas Parks and Wildlife Department.  In addition, permission will be requested to publish proposed rules in the Texas Register that may be required to implement legislation enacted by the 85th Texas Legislature.

Work Session Item No. 3
Presenter: Mike Jensen/Carter Smith

Work Session
Financial Overview
May 24, 2017

I.      Executive Summary:  Staff will present a financial overview of the Texas Parks and Wildlife Department (TPWD). 

II.        Discussion:  Staff will update the Texas Parks and Wildlife Commission on revenue collected by TPWD for Fiscal Year (FY) 2017 and will compare the FY 2017 budget to FY 2017 expenditures and summarize recent budget adjustments.

Work Session Item No. 4
Presenter: Cindy Hancock

Work Session
Internal Audit Update
May 24, 2017

I.      Executive Summary:  Staff will provide a status report on the Fiscal Year (FY)17 Internal Audit Plan and ongoing or completed external audits.

II.        Discussion:  Staff will present a status report on the FY17 Internal Audit Plan as well as external audits that have been completed or are ongoing.

Work Session Item No. 10
Presenter: Alan Cain

Work Session
Briefing - Managed Lands Deer Program Update
May 24, 2017

I.      Executive Summary:  This item provides an update to the Texas Parks and Wildlife (TPW) Commission on the implementation of the new Managed Lands Deer Program (MLDP) and the progress of the development of the new online system to administer the MLD Program.

II.        Discussion:  On August 20, 2015, the TPW Commission adopted regulations that replaced the current Landowner Assisted Management Permit System (LAMPS) and Managed Lands Deer Permit program (white-tailed deer and mule deer). The new MLDP consists of two options: Harvest Option and Conservation Option. The Harvest Option is a completely automated option that allows landowners to enter information about their properties into the Land Management Assistance application and receive a harvest recommendation, deer tag issuance, and general correspondence about wildlife and habitat management for their properties. The Conservation Option offers participants the opportunity to work with a Texas Parks and Wildlife Department (TPWD) biologist to receive customized property-specific habitat and deer harvest recommendations and MLDP tag issuance based on property-specific deer population and habitat data. The new MLDP was not scheduled to take effect until September 1, 2017. During the time between adoption and full implementation of the new MLDP, the department is developing a new online system to administer the new MLDP and private lands programs. Implementation of the new online system was scheduled to launch in May of 2017 to allow landowners to begin to enroll in MLDP for the 2017-18 season. However programming complexities related to the development of the new online system has forced TPWD to delay the launch until July 1, 2017. As such, enrollment deadlines for the Conservation Option during this initial transition year were extended to August 1. A summary of the progress of implementation of the new MLDP and development of the new online system will be presented at the time of the Commission meeting.

Work Session Item No. 11
Presenter: John Davis

Work Session
Briefing - White-nose Syndrome
May 24, 2017

I.      Executive Summary: Recent surveillance efforts discovered Pseudogymnoascus destructans, or “Pd” (the fungus that causes White Nose Syndrome in bats) in Texas.  Details of this discovery will be presented and plans for moving forward will be discussed.

 II.       Discussion: Since White Nose Syndrome (WNS) was discovered in the Northeast in 2006, it’s estimated that approximately 6 million bats have perished as the disease has spread down the eastern United States (U.S.) and across Canada. It has been at Texas’ doorstep for a couple of years.  Texas Parks and Wildlife Department began funding researchers with Bat Conservation International (BCI) to conduct surveillance for Pd (Pseudogymnoascus destructans, the fungus causing WNS), and/or the disease in 2011.  In 2015 we added a team from Texas A&M to intensify surveillance.  No Pd or WNS was detected until this year.  However, surveys conducted January-February, 2017, detected the fungus at 10 sites in 6 counties (Childress, Collingsworth, Cottle, Hardeman, King, Scurry).

The fungus was detected on three bat species; tri-colored bat (Perimyotis subflavus), cave myotis (Myotis velifer), and Townsend’s big-eared bat (Corynorhinus townsendii).  Though the fungus has been detected on tri-colored bats in other states, this is the first ever detection of the fungus on cave myotis and Townsend’s big-eared bats.  It is important to note that although the fungus has been detected, there has been no bat found exhibiting WNS in Texas.

Texas is a critical geographic nexus where eastern U.S. bat species overlap with western U.S. bat species.  Texas is also a gateway for disease transmission from the U.S. to Central and South America.  Therefore, the detection of Pseudogymnoascus destructans in Texas is worrying not only for our state’s bats, but also for the potential impact to bat populations far beyond our state’s borders.

Work Session Item No. 12
Presenter: Lance Robinson

Work Session
2017-2018 Oyster Rules
Request Permission to Publish Proposed Changes in the Texas Register
May 24, 2017

I.           Executive Summary: Staff will provide an overview of recommended changes to the Statewide Recreational and Commercial Fishing Proclamation regarding the management of oysters during the public season and seek permission to publish proposed rules in the Texas Register for public comment.

II           Discussion: The effects of several natural disasters events, beginning with Hurricane Ike in 2008 and culminating with major flooding events in 2015-2016 have had a tremendous biological and economic impact on Texas’ oyster resources and associated industries. The cumulative impacts of these recent natural events, together with high commercial fishing pressure, have contributed to the declining trends in oyster resources and consequently, in commercial landings in Texas. Proposed amendments to current oyster regulations would include modifications to current means, methods and areas for the commercial public oyster fishery.

Work Session Item No. 16
Presenter: Ted Hollingsworth

Work Session
Grant of Easement - Somervell County - Approximately 9 Acres of High Voltage
Transmission Line Right-of-Way at Dinosaur Valley State Park - Permission to begin the
Public Notice and Input Process
May 24, 2017

I.      Executive Summary: Brazos Electric Power Cooperative Inc. (BEC) and Texas Parks and Wildlife Department (TPWD) staff have negotiated an easement covering an existing 138kv electric transmission line right-of-way (ROW) that crosses Dinosaur Valley State Park (DVSP).

II.     Discussion: DVSP was created in 1968 with an initial purchase of 382 acres. Today the park has grown to 1,587 acres. In addition to the park’s namesake fossil dinosaur tracks, the park preserves a pretty reach of the Paluxy River, fine examples of north central Texas habitats, including habitat for the endangered golden-cheeked warbler, and a variety of outdoor recreational opportunities.

At the time of the park’s acquisition a regional electric transmission line crossed the park. Recent floods damaged one of the monopoles supporting the high lines, necessitating relocation of a reach of the 5,800-foot (352-rod) ROW and associated infrastructure. TPWD staff have worked with BEC to find a route, monopole materials and construction methodologies that minimize disturbance and result in net aesthetic improvements to the park.

In the course of researching the transmission line, it was discovered that no easement exists for that reach of ROW which crosses the park. BEC and TPWD recognize the need for an easement covering the entire ROW within the park. Work will begin on the rerouted transmission line, and a portion of the original route will be abandoned, upon issuance of the easement. Staff requests permission to begin the public notice and input process.

Work Session Item No. 16A
Exhibit A

Work Session Item No. 16B
Exhibit B

Work Session Item No. 16C
Exhibit A

Work Session Item No. 17
Presenter: Bob Sweeney

Work Session
Commission Meeting Policy Regarding Meeting Procedures
May 24, 2017

I.      Executive Summary: Staff will present a proposal for changes in public participation policy at Commission meetings.

II.     Discussion:  The attached draft policy would update Commission policy CP-001 regarding public participation in Commission meetings.

The policy proposes continuing the long-standing Commission practice of the “annual public meeting” (which may of course occur more than once per year if the Texas Parks and Wildlife (TPW) Commission chooses).  At this meeting, public speakers are allowed to address the TPW Commission on any matter within the Commission’s jurisdiction.

Work Session Item No. 17A
Exhibit A

Commission Meeting Policy Regarding Meeting Procedures

I. Overview

The Texas Parks and Wildlife Commission (the Commission) respects the right of the public to offer input and comment as an important part of the Commission’s decision-making process at its meetings.

Commission meetings are governed by rules it sets subject to the laws of the State and subject to our United States Constitution.   The Texas Open Meetings Act generally requires that the Commission provide public notice of specific matters which it intends to discuss or act upon at a meeting of a quorum of Commissioners.  This same Act also allows the Commission to provide an opportunity for public comment on any matters within its jurisdiction, even if those matters are not listed on the agenda for that meeting, provided that the Commission may not take action in response to such general public comment in the absence of a specific agenda item that gives notice of possible Commission action.

Commission meetings identified as work sessions are open to the public, as provided in the Texas Open Meetings Act.  In work sessions, however, the Commission does not take action on the listed agenda items, so there is no public comment opportunity at its work sessions.

At meetings of the Commission where the Commission has given notice that it intends to or may act upon a specific matter, members of the public are ordinarily invited to offer oral public comment on those specific matters.    Oral public comment in those Commission meetings is subject to the reasonable, content-neutral limits described in this policy.  This policy enables voices to be heard in Commission meetings while allowing the Commission to conduct, in an orderly manner, its public business as the law requires.  The presiding officer, in his or her discretion, may modify the oral public comment policy during a particular meeting.  If modifications are made they will be reasonable and content-neutral.

In addition to the oral public comment opportunity described in this policy, the public can participate in Commission decision-making by submitting written comments prior to action by the Commission.  All timely written comments (submitted to the clerk of the Commission with at least 10 copies at least 1 hour prior to the start of the meeting at which Commission action may be taken) will be made available to the Commissioners prior to the start of the meeting.  To submit comments electronically, go to tpwd.texas.gov.  Or, comments can be hand delivered or mailed to: General Counsel, Texas Parks and Wildlife Department, 4200 Smith School Rd., Austin, TX 78744. The deadline for submission of written comments may be modified for rulemaking items and land transaction items in accordance with other applicable law, including, but not limited the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001), and Chapter 26 of the Texas Parks and Wildlife Code.

II. Public Speaking at “general public comment” Sessions (sessions in which comments are not limited to a listed agenda item).

At least once per year, the Commission holds a meeting at which “general public comments” may be made orally to the Commission.  At these sessions, speakers have the opportunity to talk about any topic within the jurisdiction of the Commission.  Commissioners may not take action on the topics that are raised.

Prior to the beginning of a “general public comments” session, each person who wishes to make such comments must complete, sign and deliver to the Clerk (TPWD staff handling registration) a registration form that is made available by the Clerk a reasonable time prior to the start of such meeting at the location of the meeting.   Any written documents the speaker wishes to present to the Commission should be given to the Clerk at the time of registration.

During the general public comments session, the presiding officer shall determine the order in which persons who have timely submitted the form shall offer their oral comments.

Comments by any one speaker shall be limited to no more than two minutes.  A “stoplight” system is used to signal how much time a speaker has remaining.  The yellow light means that a speaker’s time is almost over.  The red light means that a speaker’s time is up and the speaker must leave the podium.

Groups of people who wish to address one topic are encouraged to confer and appoint one or more representatives to deliver the group’s comments rather than offering repetitious comments.

The presiding officer, in his or her discretion, may reasonably modify these time limits and rules during a particular meeting.

III. Public Comments on Agenda Items Posted for Possible Commission Action.

When specific items are posted for possible action by the Commission, oral public comment will be allowed prior to the Commission’s decision, subject to the restrictions in these rules.

Prior to any Commission’s vote or action on of a particular agenda item, each person who wishes to speak must sign up on a form that is made available by the Clerk a reasonable time prior to the start of such meeting at the location of the meeting.

After the presiding officer has called the specific agenda item to be considered, following any TPWD staff or other scheduled presentations, the presiding officer will announce an opportunity for oral comments on the specific agenda item.  Members of the public who have timely submitted the form to offer public comment on the specific item will be called individually in the order determined by the presiding officer.  All comments must be directly relevant to the specific agenda item.

Each person who seeks to offer comment is limited to total time of not more than three minutes.  A “stoplight” system is used to signal how much time a speaker has remaining.  The yellow light means that a speaker’s time is almost over.  The red light means that a speaker’s time is up and the speaker must leave the podium so that others may speak.   The presiding officer, in his or her discretion, may modify these time limits and rules during a particular meeting.

IV. Rules of Conduct For All persons in Attendance at TPW Commission Meetings. 

All Speakers who address the Commission may not make profane or personally threatening remarks or comments to TWPD Staff or to any member of the Commission, or to others in attendance. Any person who does so, or engages in any behavior which substantially disrupts the orderly conduct of any Commission meeting shall, at the discretion of the presiding officer, be removed from the meeting room.  During public comment on specific noticed action items (not a “general public comments” session), the presiding officer in his discretion may limit or prohibit speakers from making comments that do not relate to the specific noticed agenda item.  Failure of a speaker or a member of the audience to comply with the presiding officer’s direction to cease comments or behavior that violates these rules is grounds for removal from the meeting room.   Substantial disruption of a Commission meeting is a violation of Texas Penal Code section 42.05 (Class B Misdemeanor).

Work Session Item No. 18
Presenter: Ted Hollingsworth, Brent Leisure, Bob Sweeney

(Executive Session Only)
San Jacinto Battleground State Historic Site Improvements
May 24, 2017

I.      Executive Summary: Texas Parks and Wildlife Department (TPWD) is contemplating agreements with the San Jacinto Museum of History Association (SJMHA) to make changes to enhance the visitor experience at the San Jacinto Battleground State Historic Site (SHS).

II.     Discussion: The San Jacinto Battleground SHS occupies much of the site where Sam Houston and an army of volunteers decisively wrested independence from Mexico and established the Republic of Texas on April 22, 1836. Land to commemorate the battleground was acquired beginning in the mid-19th century, and today encompasses more than 1,000 acres.

The landscape of the battleground was altered dramatically in the 1930’s when the San Jacinto Monument and reflecting pool were constructed to commemorate the battle. A decade later a berth was excavated and the Battleship Texas added to the site. Ten feet of land subsidence and a state highway running through the site, coupled with an evolving understanding of the battle, changing demographics, changing cultural sensitivities, and changing perspectives on the visitor experience, have all served to further complicate interpretation.

TPWD and the SJMHA have long been aware of the need to enhance the visitor experience and interpretation of the battleground. Over the past 20 years, a major master planning effort, major habitat restoration projects and several conceptual designs for a new visitor center have been generated. Staff will brief the Commission on options and associated negotiations related to potential improvements, and associated legal issues.

Work Session Item No. 18A
Exhibit A

Work Session Item No. 18B
Exhibit B

Work Session Item No. 18C
Exhibit A

Work Session Item No. 19
Presenter: Bob Sweeney

(Executive Session Only)
Update on Regulatory Litigation
May 24, 2017

I.      Executive Summary:  Attorneys for the Texas Parks and Wildlife Department (TPWD) will update and advise the Texas Parks and Wildlife (TPW) Commission regarding pending or anticipated litigation impacting TPWD’s regulatory authority, including but not limited to the following pending lawsuits: 

• Potential litigation and/or involvement with current litigation relating to actions of the National Marine Fisheries Service (NMFS), an agency within the National Oceanic and Atmospheric Administration (NOAA) of the U.S. Department of Commerce, in connection with the regulation of red snapper. 
• Potential or pending litigation related to oysters, including but not limited to State of Texas v. Chambers-Liberty Counties Navigation District, Each in his Official Capacity: Terry Haltom as CLCND Commissioner, Allen Herrington as CLCND Commissioner, Kenn Coleman as CLCND Commissioner, Ken Mitchell a CLCND Commissioner, and Dave Wilcox as CLCND Commissioner, and Sustainable Texas Oyster Resources Management, LLC., Cause No. D-1-GN-15-003093, in Travis County District Court.
• Potential or pending litigation regarding disease in white-tailed deer, including but not limited to Ken Bailey and Bradly Peterson v. Carter Smith, Executive Director, Clayton Wolf, Wildlife Division Director, Mitch Lockwood, Big Game Program Director and Texas Parks and Wildlife Department, Cause No. D-1-GN-15-004391, in the District Court of Travis County, Texas.