CP-001: Overview and Meetings of the Texas Parks and Wildlife Commission

Commission Overview

Official Name of the Commission

Texas Parks and Wildlife Commission (Commission)

Election of Officers of the Commission

The Commission shall elect from among its members a vice-chair to serve a two-year period expiring the succeeding odd-numbered year.

Duties of the Commission

The Commission’s chief responsibility is the adoption of policies and rules to carry out all programs of Texas Parks and Wildlife Department (TPWD). The Commission approves the annual operating budget and the biennial appropriations request for submission to the Legislature, sets TPWD policy as required by statute, and appoints an Executive Director charged with the implementation of the daily administration and operations of TPWD.

Duties of the Commission directed by the Legislature are contained in Parks and Wildlife Code, Chapter 11. Regulations prescribing additional duties and requirements approved by previous actions of the Commission are found in the Texas Administrative Code (TAC) and this manual.

Duties of Officers

The Governor shall designate a member of the Commission as the presiding officer (Chair) of the Commission.  The Chair presides over all meetings of the Commission. The Vice-Chair performs the duties of Chair in case of the Chair’s absence or disability. Should the office of the Chair become vacant, the Vice-Chair shall serve until the Governor names a successor.

Committees

The Chair is delegated the authority to establish such committees as may be necessary to execute the duties and responsibilities of the Commission (Parks and Wildlife Code §11.0162).

Commission Meetings

Schedule and Location

All Commission meetings, regular and special, shall be open to the public except where closed or executive sessions are authorized by the Texas Open Meetings Act (Gov’t Code, Chapter 551).

The Commission may meet as often as necessary but shall meet at least on a quarterly basis. The Commission shall also hold an annual public meeting to receive public comments concerning any issue relating to the Commission’s regulatory powers and duties.

The Commission determines the frequency of meetings, taking into consideration the needs of TPWD. Five members constitute a quorum, the minimum number of members that must be present at any meeting to deliberate and take action.

In accordance with Parks and Wildlife Code §61.103, statewide hunting and fishing proclamations must be adopted by a quorum of the Commission at a meeting held at the Commission’s office in Austin. Additionally, a proclamation may be adopted at any special or regular meeting of the Commission, for which the date and time are designated by the Commission.

Transaction of Business

The Commission may transact official business only when in session and shall not be bound in any way by any statement or action on the part of any individual member except when such statement or action is in pursuance of specific instructions of the Commission as a body. No final action shall be taken by the Commission except in open meeting and in accordance with the Texas Open Meetings Act (Gov’t Code, Chapter 551).

Agenda

Prior to each meeting, the Executive Director, in cooperation with the Chair, shall prepare and submit to each member of the Commission an agenda outlining matters that will be considered by the Commission (and such other matters, materials, and information as members have requested to be included for consideration).

Rules of Order

In its deliberations, the Commission shall be governed by Roberts’ Rules of Order, Revised, except as otherwise provided herein or by statute. The Executive Director shall serve as Sergeant-at-Arms.

Meeting Governance and Public Comment

Overview

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 this policy subject to the laws of the State of Texas and the United States Constitution. The Texas Open Meetings Act generally requires the Commission provide public notice of specific matters it intends to deliberate and act upon at a meeting of a quorum of Commissioners. The Commission also must provide an annual 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 (Parks and Wildlife Code §11.015).

Commission meetings, including those identified as work sessions, are open to the public, as provided in the Texas Open Meetings Act. In general, the Commission does not take action on the listed agenda items during work session meetings, and there is no opportunity for public comment. In some instances, the Commission may take emergency action during a work session meeting or reorder the agenda to deliberate and take action during the work session meeting to provide an efficient and orderly meeting.

The Commission may modify the open meeting and public comment procedures during declared disasters and other emergency situations, and in such instances will provide public notice of any changes.

Public Comment on Agenda Items Posted for Possible Commission Action

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 invited to offer oral [1] 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, at their discretion, may modify the public comment policy during a meeting. Any modifications will be reasonable and content neutral.

Prior to any Commission vote or action on a particular agenda item, each person who wishes to speak in person or by telephone 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 or as instructed in the public notice 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 a 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. The presiding officer, at their discretion, may modify these time limits and rules during a particular meeting.

In addition to the oral public comments, the public can submit written comments by mail, email, in person, and online prior to action by the Commission. Written comments submitted in person should be submitted to the Clerk of the Commission (TPWD staff handling registration) with at least 15 copies at least 1 hour prior to the start of the meeting at which Commission action may be taken.  All written comments will be made available to the Commissioners. Comments may also be made electronically at https://tpwd.texas.gov/business/feedback/public_comment/ or delivered or mailed to: Executive Office, 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 to the Texas Administrative Procedure Act (Gov’t Code, Chapter 2001) and Parks and Wildlife Code, Chapter 26.

Public Comment at an Annual Public Meeting (General Public Comment Sessions)

At least once per year, the Commission holds an annual public meeting (as required by Parks and Wildlife Code §11.015(b)) at which general comments may be made by the public to the Commission. At these sessions, individuals have an opportunity to speak on any topic within the jurisdiction of the Commission. During a general public comment meeting, the Commission may not take action on the topics that are raised.

Prior to the beginning of a general public comment session, each person who wishes to make oral comments must complete, sign, and deliver to the Clerk 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. Individuals not providing oral testimony may still submit written comments.  All written comments and documentation provided by both speakers and non-speakers should be submitted to the Clerk of the Commission (TPWD staff handling registration) with at least 15 copies at least 1 hour prior to the start of the meeting.

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

Comments by any one speaker shall be limited to no more than two minutes during general public comment sessions. 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, at their discretion, may reasonably modify these time limits and rules during a meeting.

Rules of Conduct for All Persons in Attendance at Commission Meetings

All speakers who address the Commission are prohibited from making profane or personally threatening remarks or comments to TPWD staff, to any member of the Commission, or to others in attendance. Any person who does so or engages in any behavior that 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 comment” session), the presiding officer, at their 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 Penal Code §42.05 (Class B Misdemeanor).

Records 

Minutes of Commission Meetings

Copies of the official minutes of each meeting of the Commission may be held within the Executive Office and are sent to the Texas State Library and Archives Commission (TSLAC), Archives and Information Services (ARIS) Division for preservation. Official copies of all Commission minutes shall be sent to the TPWD Records Management Branch, which is responsible for permanent retention of the minutes in accordance with the TPWD Records Retention Schedule. The Records Management Branch is also responsible for creating and sending the microfilm of the minutes to TSLAC. All Commission transcripts shall be published on the official TPWD website. These documents shall be available to any citizen desiring to examine them.


[1] Accommodations

Upon request, TPWD provides auxiliary aids and services, such as interpreters for the deaf and hearing impaired, readers, and large print or Braille documents. In determining the type of auxiliary aid or service, TPWD gives primary consideration to the individual’s request. Those requesting auxiliary aids or services should notify the contact person listed on the meeting notice several days before the meeting by mail, telephone, or RELAY Texas. TTY: 7-1-1.