Texas Parks and Wildlife Commission
Public Hearing
November 18, 1999
Commission Hearing RoomTexas Parks & Wildlife Department Headquarters Complex
4200 Smith School Road
Austin, TX 78744
1 8 BE IT REMEMBERED that heretofore on 9 the 18th day of November 1999, there came on 10 to be heard matters under the regulatory 11 authority of the Parks and Wildlife Commission 12 of Texas, in the commission hearing room of 13 the Texas Parks and Wildlife Headquarters 14 complex, Austin, Travis County, Texas, 15 beginning at 9:23 a.m. to wit: 16 APPEARANCES: 17 THE PARKS AND WILDLIFE COMMISSION: Lee M. Bass, Fort Worth, Texas, Chairman 18 Dick W. Heath, Carrollton, Texas Nolan Ryan, Alvin, Texas 19 Ernest Angelo, Jr., Midland, Texas John Avila, Jr., Fort Worth, Texas 20 Carol E. Dinkins, Houston, Texas Alvin L. Henry, Houston, Texas (absent) 21 Katharine Armstrong Idsal, Dallas, Texas Mark E. Watson, Jr., San Antonio, Texas 22 23 THE PARKS AND WILDLIFE DEPARTMENT: 24 Andrew H. Sansom, Executive Director, and other personnel of the Parks and Wildlife 25 Department. . 2 1 OTHER APPEARANCES: 2 Mr. Ellis Gilleland, P.O. Box 9001, Austin, TX 78766, representing Texas-Animals 3 Mr. Mack Freeman, 817 Estate Drive, 4 Belton, TX 76513, representing Traditional Bowhunters of Texas 5 Mr. Montashe Whiting, College of 6 Forestry-Stephen F. Austin, Nacogdoches, TX 75962, representing himself. 7 Mr. David K. Langford, 1635 NE Loop 410, 8 #106, San Antonio, TX 78209, representing Texas Wildlife Association. 9 Mr. Tosh Brown, P.O. Box 160818, Austin, 10 TX 78716, representing himself. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 3 1 NOVEMBER 18, 1999 2 MORNING SESSION: 9:23 a.m. 3 * * * * * 4 PUBLIC MEETING 5 * * * * * 6 CHAIRMAN BASS: Good morning. 7 Sorry for the tardy start for those of you who 8 have been waiting. We'll convene this meeting 9 of Parks and Wildlife Commission. And 10 Mr. Sansom would you please read our opening 11 statement to keep us in compliance with the 12 Open Meetings Act. 13 MR. SANSOM: Mr. Chairman and 14 members of the Commission, a public notice of 15 this meeting containing all items on the 16 proposed agenda has been filed in the Office 17 of Secretary of State. This is required by 18 Chapter 551 of the Government Code and 19 referred to as the Open Meetings Law. I would 20 like for this action to be noted in the 21 official record of the meeting. 22 Ladies and gentlemen, along with members 23 of our Commission, I would very much like to 24 welcome you here this morning and express to 25 you how appreciative we are that you are here . 4 1 to participate in this meeting. The Chairman 2 is in charge of the meeting, and as usual, I 3 will kind of be assisting him as a 4 sergeant-at-arms. 5 Now, sort of the way we work is that if 6 you want to speak, which we would very much 7 like for you to do, you need to make sure that 8 you've signed up outside with one of the 9 cards. What Chairman Bass will do is that he 10 will call your name from those cards one at a 11 time, and then we would like for you to come 12 forward and speak from this podium out in 13 front of me. When your name is called, come 14 to the podium, state your name, who you 15 represent, if someone other than yourself. 16 Oftentimes the Chairman will also call the 17 next person in line so that you can be on 18 deck, and if you could just come and stand at 19 the back of the audience, then the meeting 20 will move in a fairly orderly fashion. 21 Everybody is going to have three minutes. 22 And we've got a big crowd today. There's lots 23 of folks here. And so if we limit our remarks 24 to three minutes, then everybody will get a 25 chance to speak. I will use this little . 5 1 traffic light here to let you know when your 2 three minutes are up. Now, if a commissioner 3 asks you a question or if they're talking 4 among themselves and discussing an issue with 5 me or with the staff, that time will not be 6 counted against you. But we do ask you to 7 limit your remarks to three minutes. 8 It's important that everyone understand 9 that I'm not going to be real tolerant of any 10 kind of comments that are simply just 11 argumentative in nature or they're not showing 12 the proper respect for the other members of 13 the audience and commissioners or our staff. 14 I can tell you that we just don't allow that 15 in this meeting, and I'll have to ask you to 16 leave if anything like that occurs. 17 If you have things that you would like to 18 give to the Commission, any written materials 19 or materials that you would like to present to 20 them, Ms. Estrada over here on my right will 21 be glad to take them from you and then 22 distribute them to the Commission. So thank 23 you once again for being here. And we 24 appreciate you following our rules of order. 25 CHAIRMAN BASS: Thank you, Andy. . 6 1 The first order of business before us is 2 approval of the minutes from our previous 3 meeting. They've been distributed to the 4 Commission for opportunity to review. And if 5 the Chair does not have any comments for 6 revisions or deletions, I would entertain a 7 motion to approve them. 8 COMMISSIONER WATSON: I so move. 9 COMMISSIONER DINKINS: Second. 10 CHAIRMAN BASS: Motion by 11 Commissioner Watson, second by Commissioner 12 Dinkins. All in favor. Any opposed? Thank 13 you. 14 (Motion passed unanimously.) 15 CHAIRMAN BASS: Second order of 16 business would be acceptance of gifts as 17 required by statute, and those have been 18 posted for review. And if there is any 19 questions, I'd enter them, otherwise the Chair 20 would enter a motion for acceptance. 21 COMMISSIONER HEATH: So move. 22 CHAIRMAN BASS: Motion by 23 Commissioner Heath. 24 COMMISSIONER IDSAL: Second. 25 CHAIRMAN BASS: Seconded by . 7 1 Commissioner Idsal. All in favor. Any 2 opposed? Thank you. 3 (Motion passed unanimously.) 4 TPWD DONATIONS OVER $500 5 Name of Donor: Ocean Energy Inc. Description: 4-pile jacket 6 Purpose of Donation: Donation to Artificial Reef 7 Name of Donor: US Army Corps of Engineers 8 Description: Radio tower Purpose of Donation: To maintain radio 9 communication 10 Name of Donor: Dow Chemical Description: Walk-in freezer, pipe rack 11 Purpose of Donation: Excess equipment 12 Name of Donor: San Antonio Police Department Description: 1992 Kawasaki, Trailer 13 Purpose of Donation: Use by Law Enforcement 14 Name of Donor: E. Texas Chapter Quail Unlimited 15 Description: Cash Purpose of Donation: Food, lodging and 16 supplies 17 Name of Donor: Great Houston Chapter of Quails Description: Cash 18 Purpose of Donation: Food, lodging and supplies 19 Name of Donor: Dow Chemical 20 Description: Refrigerator Purpose of Donation: Donation item not needed 21 Name of Donor: Exxon Corporation 22 Description: Supplies and materials Purpose of Donation: To provide funding for 23 wetlands exhibit 24 Name of Donor: TAMU Chapter Wildlife Society Description: Deer research at Gus Engling 25 Purpose of Donation: Deer research . 8 1 Name of Donor: Houston Safari Club Description: Cash 2 Purpose of Donation: Food, lodging and supplies 3 Name of Donor: Cajun Construction 4 Description: Water Control Structure/Service Purpose of Donation: Redfish Impoundment 5 Name of Donor: MESP, Inc. 6 Description: Uniforms, equipment, supplies Purpose of Donation: Park hosting televised 7 race 8 Name of Donor: Troy Moncrief Description: Riding mower and weed eater 9 Purpose of Donation: Ground maintenance 10 Name of Donor: South Plains College Description: Service at Gus Engling WMA 11 Purpose of Donation: Monitor small mammals 12 Name of Donor: Korima Foundation Big Bend SP Description: 4 hand radios 13 Purpose of Donation: Effective radio communication for workshops 14 Name of Donor: Brunch Wildlife Management Coop 15 Description: Sony Camcorder Purpose of Donation: Aid local game wardens 16 with equipment 17 Name of Donor: TAMU Description: Service at Gus Engling WMA 18 Purpose of Donation: Monitor small mammals 19 Name of Donor: Purdue University Description: Deer research at Gus Engling 20 Purpose of Donation: Deer Research 21 Name of Donor: Tipton Ford Description: Cash 22 Purpose of Donation: Books 23 TOTAL: $569,504. 24 CHAIRMAN BASS: Mr. Sansom. 25 MR. SANSOM: Mr. Chairman, this is . 9 1 part of the meeting in which we get to 2 recognize some of our employees and make 3 announcements about some of the important 4 things that are going on in the life of Parks 5 and Wildlife. Before doing that, I would like 6 to, first of all, call you're attention to the 7 fact that one of the most loyal and beloved 8 and hardworking members who have ever served 9 on this Commission, Mr. Louis Stumberg is here 10 with us in the audience today. And I would 11 like to ask everyone to join me in welcoming 12 him. 13 (Applause) 14 CHAIRMAN BASS: We appreciate your 15 continued involvement in our cause. 16 MR. SANSOM: Although today is a 17 sad day in the life of Texas A&M, we do have 18 the privilege today of having a couple of 19 classes from Wildlife and Fisheries Sciences 20 department under the direction of Dr. Denton 21 and Dr. Lacher, and they are here with us as 22 well today and we welcome them. 23 You guys heard yesterday about this 24 year's sales for our Big Time Texas Hunts 25 program. This program is bigger this year. . 10 1 It's got new hunting opportunities and 2 additions to the traditional programs of the 3 Texas Grand Slam and the Texas Exotic Safari. 4 Hunters throughout Texas and beyond had the 5 opportunity to purchase $10 chances for the 6 Texas Whitetail Bonanza, the Texas Waterfowl 7 Adventure and Big Time Texas Bird hunts, and 8 purchase they did. Our sales were up 223 9 percent over last year. 10 Today we'll be announcing during the day 11 the 18 lucky winners who will be participating 12 this year in some of the most spectacular 13 hunting opportunities in Texas. But the real 14 winners, the real winners are all of the 15 people who enjoy the out of doors in Texas, 16 because this program will put $440,000 to 17 benefit public hunting and wildlife management 18 programs in Texas. 19 Just in passing, I would note to you that 20 85 percent of all the people who filed to draw 21 in this program were holders of Texas hunting 22 licenses at the time that they applied, and we 23 had over 70,000 total applicants. 24 And so, Mr. Bass, if you could do the 25 honors of announcing the winner of the Texas . 11 1 Grand Slam. 2 CHAIRMAN BASS: It's a pleasure. 3 The Texas Grand Slam is the crown jewel of the 4 various hunt drawing programs we have, and 5 it's a spectacular opportunity for somebody to 6 hunt the four premier big game animals in 7 Texas, including bighorn sheep which is a rare 8 opportunity anywhere in the country, and even 9 more so in Texas. And these hunts represent 10 the best we have to offer, and I'm happy the 11 participation in all of our hunt programs has 12 been so spectacularly up this year. 13 I think staff is to be commended for the 14 marketing efforts, and I think we all agree 15 we've barely scratched the surface for the 16 potential of this. And it's a great 17 opportunity for Parks and Wildlife, and it's 18 also I think a great opportunity for our 19 constituents. If you look at the odds, it 20 sure beats playing the Texas Lottery, although 21 they'll never admit that. 22 And the winner of this year's Grand Slam 23 Hunt is a man from San Antonio, who I'm sure 24 is going to have a wonderful time enjoying his 25 opportunity this year, and his name is Scott . 12 1 Tellez. And if he would come forward I would 2 like to present him a certificate that awards 3 him this hunt and wish him well. 4 (Applause) 5 MR. SANSOM: Way to go, Scott. 6 MR. TELLEZ: Thank you very much. 7 (Photographs were then 8 taken; applause.) 9 MR. SANSOM: Congratulations. 10 Thanks for coming today. 11 Now, Mr. Chairman, it is my pleasure to 12 introduce to you a number of Parks and 13 Wildlife employees who have given tremendous 14 service to the state of Texas over many years. 15 I think all of us have felt very, very blessed 16 in recent years that the fishing along our 17 coasts and our bays and estuaries has been 18 better than frankly it has been in any of our 19 lifetimes, and it wasn't always the case. 20 There was a time when our bay fisheries were 21 almost totally depleted by growth over fishing 22 from the commercial industry. And thanks to 23 the leadership of this Commission and the 24 Texas Legislature, that problem was resolved, 25 but not without a tremendous number of years . 13 1 of struggle by our law enforcement officers 2 along the Texas Gulf Coast. 3 One who has been in the middle of that 4 struggle for all of his career is Arthur 5 Lawrence. Arthur lives in Bay City. He has 6 been an employee of Parks and Wildlife for 30 7 years. He is a sergeant. And he started in 8 Beaumont on the coast. He's transferred to 9 Calhoun County where that was one of the most 10 difficult areas. He's worked in Matagorda 11 County since 1977. And he has been recognized 12 as the Texas Gulf Coast Conservation 13 Association's Officer of the Year. 14 Please recognize Arthur Lawrence, a 15 sergeant from Bay City, Texas with 30 years of 16 service. 17 Congratulations, Arthur. 18 (Photographs were then 19 taken; applause.) 20 MR. SANSOM: There was a time also 21 in the eastern part of our state, as hard as 22 it is to imagine today, when white-tail deer 23 were virtually extinct and an endangered 24 species. Also as you-all know in East Texas, 25 Eastern wild turkey were almost totally . 14 1 extirpated. Thanks to wildlife -- Fish and 2 Wildlife employees, including technician Terry 3 Martin from Avery, those populations are back, 4 and he has been someone who has been involved 5 in the trapping and transport and relocation 6 of white-tail deer in Texas through the 7 inception of the program. 8 He has worked at Pat Mayse, the Caddo 9 Wildlife Management Area and the Gambill Goose 10 Refuge. He has been very involved in the 11 restoration of both white-tail deer and 12 Eastern wild turkey. And he has throughout 13 his program been able to witness the direct 14 results of his work when yesterday, for 15 example, you-all authorized us to go forward 16 to bring in several new counties into the 17 Eastern wild turkey hunting program this year 18 for the first time essentially in a half a 19 century. 20 Please recognize a fish and wildlife 21 technician from Avery, Texas with 30 years of 22 service, Terry Martin. 23 (Applause) 24 MR. SANSOM: Ron George told me 25 earlier in the meeting that Terry might be . 15 1 hung up in the fog, so I think he might be 2 delayed. If he comes in, we'll recognize him. 3 We are very, very blessed that we've got 4 employees that are not only recognized in 5 Texas but all over the United States for their 6 professional expertise. And if you doubt 7 that, you should attend sometime meetings of 8 organizations such as the International 9 Association of Fish and Wildlife Agency, the 10 National Recreation Park Association or the 11 Southeastern Association of Fish and Wildlife 12 Agencies. Last week at the Southeastern in 13 Greensboro, North Carolina, John Prentice from 14 inland fisheries was selected as the person 15 who has presented the most outstanding paper 16 in fisheries in the United States in 1998 for 17 his work on tracking grasscarp in the 18 Guadalupe River. 19 John started working as an intern and 20 worked as an intern for four years for the 21 department from 1966 through 1970. He then 22 went to graduate school working as a half-time 23 biology field worker while finishing his 24 degree. He has been at the Heart of the Hills 25 Fish Hatchery for almost 25 years. And he is . 16 1 a leading researcher in fisheries management 2 in the United States. 3 John Prentice from Ingram with 30 years 4 of service. 5 (Photographs were then 6 taken; applause.) 7 MR. SANSOM: Congratulations on 8 your award. 9 One of the parks that has led -- state 10 parks that has led our system in the 11 involvement of the community and the 12 development of friends who would not only 13 provide volunteer resources but provide money 14 for the management of the park is at Palo Duro 15 Canyon State Park. The superintendent there 16 has served this department for 30 years, and 17 his name is Larry Scruggs. He has been at 18 Lake Whitney. He has been at Lake Arrowhead. 19 He serves on the executive boards of the 20 Panhandle Heritage Foundation, Partners in 21 Palo Duro Canyon Foundation, as well as the 22 Convention and Tourism Board of Amarillo 23 Chamber of Commerce. 24 Many of us participated summer before 25 last in a wonderful event at Palo Duro Canyon . 17 1 which raised nearly $100,000 for its 2 endowment, and it would not have happened 3 without the leadership of Larry Scruggs. 4 (Photographs were then 5 taken; applause.) 6 MR. SANSOM: People who use boats 7 in Texas depend on a part of Texas Parks and 8 Wildlife which is rarely seen by the rest of 9 the public. We are responsible for 10 registration, registering and titling all of 11 the vessels in Texas, and that process is 12 handled by people like Gloria Acosta. Gloria 13 has been an accounting clerk in the Austin 14 office. She's worked in this area for 25 15 years. She started in 1974 in data entry. 16 And she remains today involved in the most 17 successful boat registration and titling 18 system in the United States. Gloria Acosta. 19 (Photographs were then 20 taken; applause.) 21 MR. SANSOM: Anybody who tries to 22 get to the chief law enforcement officer of 23 Texas Parks and Wildlife has to go through 24 Wilma Barker. Wilma Barker has been here for 25 25 years. She's worked in wildlife, she's . 18 1 worked in fisheries. She served nine years in 2 the state parks division. And she went to 3 work in law enforcement over 15 years ago and 4 she is now training her third director of law 5 enforcement, Mr. Robertson. 6 I'm most proud of her because after all 7 that service in Parks and Wildlife, she has 8 returned to college to complete her education. 9 Please welcome Wilma Barker with 25 years of 10 service. 11 (Photographs were then 12 taken; applause.) 13 MR. SANSOM: What can you say about 14 the guy that leads the most aggressive and 15 successful fisheries program in the United 16 States? Every once in a while I get letters 17 from people outside Texas who pick things up 18 in papers and other media, and not long ago I 19 received a copy of a clip from the Wallstreet 20 Journal from a friend of mine in Florida who 21 commented on the fact that the Journal had 22 identified our fisheries managers as the most 23 aggressive in the United States. That is 24 because of the leadership of Phil Durocher. 25 Phil Durocher came to work for Parks and . 19 1 Wildlife in 1974 as a research specialist. 2 He's worked in Inland Fisheries virtually all 3 of his career. He's worked in hatcheries. 4 And he designed and coordinated the 5 implementation of the current stock assessment 6 procedures which has been so successful 7 throughout our state. 8 He became director of management in 9 inland fisheries in 1984. And in the early 10 part of this decade when fisheries and 11 wildlife were managed as a single entity, he 12 became director of the inland fisheries 13 section of that. He supervises a budget of 14 over $8 million and a professional staff of 15 175 people. During his tenure as director, we 16 have reached some new and nationally 17 significant milestones, including the 18 establishment of the freshwater fishery center 19 in Athens. Phil created the state's first 20 freshwater fisheries advisory board, the Urban 21 Fishing Program, which was his brainchild, 22 later became the KIDFISH program which is now 23 known throughout the United States. 24 So please if you would recognize with me 25 the director of our inland fisheries division, . 20 1 Phil Durocher with 25 years of service. 2 (Photographs were then 3 taken; applause.) 4 MR. SANSOM: Marty Martinez is an 5 accountant down in the administrative 6 resources section. I know that all of you get 7 as much mail as I do. Every singling one of 8 us receives a tremendous volume of mail 9 because there are so many people from 10 throughout the state who are interested in its 11 cultural and natural resources. Everyone has 12 an opinion, and they tend to write them down. 13 In addition to that, the tremendous volume of 14 business mail that comes through here is 15 staggering. And one of the people who manages 16 that and has for over 25 years is Marty 17 Martinez who's an assistant supervisor in the 18 mail services section. 19 Please recognize Marty with me at this 20 time. 21 (Photographs were then 22 taken; applause.) 23 MR. SANSOM: Also from 24 administrative resources, Corette Richter 25 began working here in 1974 as well. She spent . 21 1 all of that time improving the boat 2 registration section, including automating it 3 and implementing numerous legislative changes. 4 And the boat registration deal, Members, is 5 one of the things that almost always seems to 6 be a legislative issue. 7 She supervised for the past seven years 8 the boat information section in which she is 9 the primary interface with boat owners, 10 dealers, county tax assessors collectors and 11 field offices of the department. 12 Please recognize Corette Richter with 25 13 years of service here in Austin. 14 (Photographs were then 15 taken; applause.) 16 MR. SANSOM: Last night we were 17 treated to our annual Thanksgiving Feast by 18 the Living History staff of the Sauer-Beckman 19 Farm at the LBJ National and State Historical 20 Parks. I will tell you that one of the most 21 compelling moments that I have experienced 22 since I have been at Parks and Wildlife was to 23 participate in the Christmas tree lighting 24 there about four or five years ago when the 25 federal government was shut down because of . 22 1 the conflict in Congress over the federal 2 budget. And as you recall, federal employees 3 throughout the United States were prohibited 4 from working. But that evening, the employees 5 of the National Parks Service who were our 6 partners -- are our partners at the LBJ sites 7 became volunteers of the Texas State Parks 8 System so that that event and others during 9 that time could be a success. They did that 10 at some risk to themselves, but they did it 11 because of the extraordinary relationship that 12 they have with our superintendent, Donnie 13 Schulch. 14 Donnie has been at LBJ for 25 years. He 15 was there from the beginning when the 16 Sauer-Beckman Farm first opened. He started 17 basically as an administrative technician. 18 And for a while he was the guy who did the 19 slide shows in the local schools, the chambers 20 of commerce and other civic programs. 21 In 1983 he was appointed park manager of 22 the LBJ State Historical Parks. And today 23 Leslie Starr Hart, who is the chairman of 24 the -- the superintendent of the national park 25 there, and Bob Howard, the chief ranger are . 23 1 here to help all of us recognize one of our 2 most outstanding state park employees and 3 leaders, Donnie Schulch from LBJ. 4 (Photographs were then 5 taken; applause.) 6 MR. SANSOM: Also from state parks 7 in the Mexia area, Sharree Armstrong has 8 worked for state parks for 20 years. For the 9 first 18 months, she was literally holding 10 down the fort at Old Fort Parker, which is now 11 managed by the city of Grosbeck. She 12 transferred to Fort Parker and the Confederate 13 Reunion Grounds State Historical Park complex 14 where today she is administrative technician. 15 She organizes and ordinates the Western 16 Days Bar-B-Que Cookoff and the Living History 17 Days at the Reunion Grounds. She supervises 18 the operation of the state park store, which 19 at Fort Parker has canoes and paddle boats and 20 a number of other things. She runs the Host 21 Program and works with the Friends of Fort 22 Parker. 23 Please recognize with 20 years of 24 service, Sharree J. Armstrong. 25 (Photographs were then . 24 1 taken; applause.) 2 MR. SANSOM: I have a lot of 3 hunting buddies, including many of you, and 4 this is one of them. For 20 years Dwight 5 Esmond has been a law enforcement officer in 6 the Texas state parks through the Texas Parks 7 and Wildlife Department. He started out as a 8 boat operator and then worked his way into the 9 Academy. And upon graduation he was stationed 10 in Brownsville. 11 In 1991 he transferred to Dayton. And if 12 you ever wonder whether or not these guys put 13 it on the line, the last time I talked to 14 Dwight, it was because I had been informed by 15 Director Robertson that Dwight and one of his 16 colleagues had been in incident in which a man 17 in a hunting situation had pulled a gun on 18 him. And so these guys do put themselves at 19 risk for the resources of Texas every single 20 day. And one of them of whom I am most proud 21 is Dwight Esmond from Dayton with 20 years of 22 service. And he has his son Dustin with him 23 today, I believe. 24 (Photographs were then 25 taken; applause.) . 25 1 MR. SANSOM: Today, Members, the 2 resource protection division is so much a 3 functioning part of what Texas Parks and 4 Wildlife does to defend the resources of our 5 state that it's almost inconceivable that it 6 was not the tremendous force that it is today. 7 When Jack Ralph began working in resource 8 protection, it was a part of inland fisheries 9 and there were only five staff members. Today 10 he leads two programs, the Inland Kills and 11 Spills Team and the Analytical Chemist 12 Laboratory. He began in 1979 as a chemist 13 with that branch of inland fisheries, and he 14 has been here for 20 years as one of the most 15 dedicated and enthusiastic employees of Texas 16 Parks and Wildlife. 17 Please recognize John J. Ralph from 18 resource protection with 20 years of service. 19 (Photographs were then 20 taken; applause.) 21 MR. SANSOM: The next person I'm 22 going to introduce to you has worked on 23 buildings in over 40 different state parks, 24 and he began in inland fisheries. Over ten 25 years there, he completed over $22 million . 26 1 worth of construction projects, including the 2 13-and-a-half-million dollar San Marcos Fish 3 Hatchery and the 7-and-a-half million dollar 4 additions to the Dundee Hatchery which were 5 completed with less than one percent in 6 increased costs from change orders and other 7 things. His goal is to provide durable, 8 functional and attractive buildings to serve 9 the state of Texas. And he is one of the most 10 dedicated and long-serving employees in the 11 infrastructure division. 12 Please recognize the architect William 13 Wiley with 20 years of service. 14 (Photographs were then 15 taken; applause.) 16 MR. SANSOM: I first got to know 17 him when he was supervising the restoration of 18 the state cemetery. He is not the person who 19 misspelled the word. 20 Finally from state park at Canyon, we 21 come home. Bill Wilson -- William Wilson 22 started at Palo Duro in 1967. Over his career 23 he has worked at LBJ. He's worked at 24 Huntsville. He transferred to McKinney Falls, 25 and actually unfortunately left the department . 27 1 for a while in 1981. But in 1990 he came full 2 circle and returned to where he started at 3 Palo Duro Canyon where today he is assistant 4 superintendent with 20 years. William Wilson 5 from Canyon, Texas. 6 (Photographs were then 7 taken; applause.) 8 MR. SANSOM: Mr. Chairman, today 9 along with former Commissioner Stumberg, whom 10 I've already introduced to you, we have 11 Mr. Andy Phillips from Shikar-Safari and our 12 friend Fausto Yturria whom all of you know, to 13 present what is an annual event here, not only 14 before this Commission but game commissions 15 throughout the country, the Shikar-Safari 16 Wildlife Officer of the Year Award. 17 Our winner this year is Brad Chappell who 18 serves for 13 years as a Texas game warden. 19 He's stationed at Panola County up in Carthage 20 where he supervises not only resources like 21 Lake Murvaul, about 110 miles of the Sabine 22 River and about 800 square miles in Panola 23 County. 24 The landowners, the law enforcement 25 officers and citizens up there have come to . 28 1 depend on Warden Chappell's quick responses to 2 emergency calls. He has a great rapport with 3 the citizens because he keeps them informed of 4 department programs and changes. He's very 5 visible and accessible and an integral part of 6 this community. 7 He's a chip off the old block. When I 8 first came here, I had the pleasure of working 9 with his father, now Retired Game Warden Wayne 10 Chappell, whom many of you may remember was 11 one of the initial founders of the Operation 12 Game Thief Program. And Wayne also received 13 this Texas Shikar-Safari Wildlife Officer of 14 the Year Award in 1981. 15 Due to that performance, I would like to 16 ask Mr. Phillips and the other members of the 17 Shikar-Safari International to come forward 18 and present the Wildlife Officer of the Year 19 Award to Game Warden Bradley Chappell. 20 MR. CHAPPELL: Thank you. 21 COMMISSIONER STUMBERG: Mr. 22 Chairman and Honorable Members of the 23 Commission, Shikar-Safari, an organization of 24 175 members world-wide, we have no paid staff 25 so that 100 percent of what our members gives . 29 1 for conservation goes to conservation. We 2 give over $200,000 a year. We established the 3 program to save the Arabian Oryx which are now 4 going back to the Middle East. We established 5 the program in Pakistan to save the markhor, 6 and we brought them from 70 up to nearly 1100. 7 We've established programs and are 8 participating now with the game departments 9 all over the country to a communication system 10 to where a felon law violator of game violator 11 in any state can be identified when they go to 12 get a license in any other state so that it 13 makes it a lot easier to keep track of them. 14 As part of the program of conservation, 15 we knew that the people that make it happen 16 are the marvelous conservation employees 17 throughout the states. And several decades 18 ago we established this program where they're 19 selected by their peers so that we feel 20 comfortable that the person that receives that 21 is the right one. It's very important to us, 22 and Andy, who is the immediate past president 23 of Shikar-Safari and Fausto who is in charge 24 of this program throughout the Canada and 25 United States and who will be our president . 30 1 next year -- we all serve two years as 2 secretary treasurer or KYH editor (inaudible) 3 Wildlife Officer of the Year Award before we 4 become presidents. So they try to be sure 5 we're well-educated before we get there. 6 But one of the nice things, and I guess 7 the highest privilege we can get, is to be 8 able to present this award as our members do 9 throughout the States and throughout Canada. 10 I'd like to ask if he would do the honors with 11 Fausto. Thank you all very much. 12 MR. SANSOM: Brad, congratulations. 13 (Photographs were then 14 taken; applause.) 15 MR. PHILLIPS: Mr. Chairman, 16 Commissioners, it's our real pleasure to be 17 here today, and I'd like to briefly go over 18 the criteria for the basis of selection of a 19 winner of the Wildlife Officer of the Year 20 Award. Most important of all, this award 21 is -- the winner of this award is selected by 22 his peers, and that's the case in every state, 23 as well as all the Canadian Provinces. Each 24 of the law enforcement division's 31 district 25 supervisors here in Texas select one candidate . 31 1 that they feel excels both in his public 2 service as well as his private life and the 3 image that he projects as a wildlife officer. 4 And those 31 candidates are then paired down, 5 and you see standing before you today the guy 6 that stood the test for this year. And none 7 of this could have been accomplished without 8 the everyday consistent, 24-hour-a-day 9 assistance of his better half Charmaine who 10 needs to join us up front now if she would 11 please. 12 (Applause) 13 MR. PHILLIPS: As you all know 14 being a successful conservation officer 15 requires a partnership, and that partnership 16 goes beyond the relationship between the 17 officer and his department, but very 18 definitely includes as a major factor his 19 wife. And we congratulate you on your part in 20 this project. 21 It's my pleasure to turn this part of the 22 presentation over to Fausto Yturria, our 23 incoming president and the chairman of the 24 Wildlife Officer of the Year program. 25 MR. YTURRIA: Mr. Chairman, fellow . 32 1 Commissioners, I just want to tell you what a 2 sincere pleasure and honor it is to be here 3 today to present this award to a very 4 deserving man. Brad, on behalf of 5 Shikar-Safari Club International, my sincerest 6 congratulations. Now let me give you this pin 7 so you can pin it on him. It's one of the 8 only pins that our wardens will wear. Just 9 don't stab him. 10 MR. PHILLIPS: We appreciate the 11 fact that the Commission saw fit several years 12 ago, as many other departments across the 13 nation have felt likewise, to authorize the 14 Wildlife Officer of the Year Award pin to be 15 the only nondepartmental ornament allowed to 16 be worn on an officer's uniform. 17 MR. YTURRIA: Here's another little 18 token of our esteem, a plaque, which I hope 19 you will exhibit proudly for the years to 20 come. And also the annual award so you can 21 frame and proudly exhibit. We're very proud 22 of what you have accomplished. 23 MR. CHAPPELL: I certainly 24 appreciate the recognition. And there's a lot 25 of game wardens out there in this state that . 33 1 deserve the same recognition. 2 COMMISSIONER STUMBERG: These 3 pictures will appear once a year in our KYH 4 Conservation which will go all over to all 5 previous recipients, to all the game 6 departments and to all the members, and that's 7 why we wanted good pictures of everybody 8 because we're very proud of what you've done. 9 MR. CHAPPELL: Thank you very much. 10 (Photographs were then 11 taken; applause.) 12 MR. SANSOM: Mr. Chairman, that 13 concludes our awards for this morning. 14 CHAIRMAN BASS: Thank you very 15 much. And for our guests in the audience, we 16 appreciate you sharing that part of our 17 meeting with us. It's gratifying to us to 18 recognize people who have given so much of 19 their life to help make this department what 20 it is. 21 AGENDA ITEM NO. 1: ACTION - CONSENT AGENDA 22 ITEMS. 23 CHAIRMAN BASS: That brings us to 24 the approval of our agenda for today. And 25 there are four items that are eligible for the . 34 1 consent agenda having been passed by the 2 various committees and recommended to the full 3 Commission and made eligible for consent 4 agenda and items which there is no further 5 public comment that has been requested. 6 There's no one here to speak on them. We've 7 heard from those members of the public who 8 have made themselves available -- their 9 comments available prior to this. And those 10 items are: Item 4, Artwork Approval; Item 6, 11 Implementation of House Bill 1581, which is 12 the State Park Fee Policy; Item 10, Fiber 13 Optic Cable Easement here in Travis County; 14 and Item 11, a Nomination for an Oil and Gas 15 Lease in Fort Bend County and Harris County. 16 Those four items being made part of the 17 consent agenda, I would ask the Commission to 18 approve the agenda in that format for 19 consideration today. 20 COMMISSIONER AVILA: So move. 21 CHAIRMAN BASS: A motion. 22 COMMISSIONER WATSON: Second. 23 CHAIRMAN BASS: I have a second. 24 That being done, I would ask for approval of 25 the consent agenda items and formally accept . 35 1 them as recommended by the committees to the 2 full Commission. Motion? 3 COMMISSIONER HEATH: So move. 4 COMMISSIONER WATSON: Second. 5 CHAIRMAN BASS: A motion by 6 Commissioner Heath, seconded by Commissioner 7 Watson. All in favor. Any opposed? Thank 8 you very much. 9 (Motion passed unanimously.) 10 AGENDA ITEM NO. 2: BRIEFING - EXPO VIII. 11 CHAIRMAN BASS: Ernie Gammage, 12 would you please come forward and pat 13 ourselves all on the back for a wonderful Expo 14 and give us a little debriefing. It was a 15 great event this year. 16 (Whereupon, a briefing item was presented to 17 the commissioners, after which, the following 18 proceedings were had:) 19 AGENDA ITEM NO. 3: ACTION - NEGOTIATED 20 CONTRACTS. 21 CHAIRMAN BASS: Steve Whiston, 22 negotiated contracts. Dan Patton, negotiated 23 contracts. 24 MR. PATTON: For the record, my 25 name is Dan Patton, director of infrastructure . 36 1 division. I'm here today to present an action 2 item to adopt policies that will allow for 3 negotiated contracts under Senate Bill 874. 4 As we mentioned yesterday, as part of our 5 two-year effort to establish more efficient 6 and effective contracting procedures, we 7 sought legislative authority to expend its 8 contracting -- expand its contracting 9 authority for public works to include 10 negotiated procurement of project delivery in 11 addition to its existing public bid authority. 12 TPWD also sought legislative confirmation of 13 its authority to negotiate and enter into 14 contracts with other governmental agencies. 15 The 76th Texas Legislature enacted Senate 16 Bill 874 giving us the requested authority in 17 both areas. Senate Bill 874 further provided 18 the Commission adopt policies and procedures 19 governing the solicitation and issuance of 20 contracts under this new authority. 21 We drafted proposals to implement 874 22 authority. These were published in the Texas 23 Register on October 15th. We have received no 24 comments to date, and I believe all of you 25 have copies of these rules in your packet. . 37 1 We recommend adoption of following 2 motion. And I believe we have a speaker on 3 this issue. 4 CHAIRMAN BASS: Any questions from 5 the Commission? 6 Mr. Gilleland, you have requested to 7 speak on this. Would you please come forward 8 and give us your comments at this time. 9 MR. GILLELAND: My name is Ellis 10 Gilleland. I'm a private citizen. I'm 11 representing Texas Animals which is an 12 Internet animal rights organization. I've 13 given you three handouts. The first one is 14 from the Texas Register, 15 October, 1999 15 which contains your rule. The second document 16 I've given you is the Texas Parks and Wildlife 17 construction service agreement, Contract No. 18 345-0360. The third document I've given you 19 is a letter from Parks and Wildlife to me on 20 14 November, '96 in reply to open records 21 requests. 22 Negotiating contracts, as far as Parks 23 and Wildlife is concerned, means sole source. 24 If you look at this (inaudible) on the -- 25 under the Texas Register, you see "consistent . 38 1 of applicable state procurement practices 2 soliciting a warden." Mr. Director Sansom did 3 not do this. He went to Kansas, got a man for 4 a $1 million contract -- you've got the first 5 and last pages in front of you -- went to 6 Kansas, paid a man a million dollars to build 7 a Bastrop golf course over the bodies of the 8 endangered Houston toads. There was a sole 9 source. It was not advertised. 10 The contract shows a face value of $1 11 million. It's my understanding that the 12 department paid 500,000 and the national park 13 paid the other 500,000. So you had a mix of 14 state and federal funds. I went to the state 15 auditor, filed a complaint against this 16 diversion of funds for sole source contract, 17 particularly from a person from Kansas. If 18 we're going to give a guy sole source, let's 19 at least give the dope money to the Texan. 20 The third document I've given you is a 21 letter when I requested disbursement vouchers 22 for that $1 million, I got a total of two 23 vouchers. I did not include them. One was 24 for $8,000, the other was $40,000. Out of $1 25 million, your director Mr. Sansom showed me . 39 1 evidence of paying 48,000. That's a big gap. 2 The second fraud that he did, he 3 transferred the contract to LCRA. When I 4 filed a complaint with the Texas State 5 Auditor, within a week or two he had 6 transferred the contract over to Mr. Rose, and 7 I could no longer track that million dollars. 8 That's a matter of record. I'll go into court 9 and swear on it. You've got the documents in 10 front of you. You can have Mr. Sansom produce 11 all the papers on Project No. 533-016, Bastrop 12 State Park contract with Mr. Cruz, Craig, 13 C-r-a-i-g, Metz, M-e-t-z from Kansas. 14 So I beseech you to recognize your new 15 rule as a sole source contract provision. The 16 state law requires open bidding and no sole 17 source. Read the law. Where's your lawyer? 18 Your lawyer will tell you that the sole source 19 negotiated contract is fraud. This guy has 20 done it before, he'll do it again. Thank you. 21 CHAIRMAN BASS: Further questions 22 or comments? Chair would entertain a motion 23 there being no further comments. 24 COMMISSIONER AVILA: So move. 25 COMMISSIONER WATSON: Second. . 40 1 CHAIRMAN BASS: Have a motion and a 2 second. All in favor. Any opposed? Thank 3 you very much, Mr. Patton. 4 (Motion passed unanimously.) 5 "The Texas Parks and Wildlife Commission 6 adopts amendments to 31 TAC §§61.21 and 61.24, 7 new 61.25 and 61.26, and 51.60 concerning 8 Negotiated Contracts for Public Works and 9 Authority to contract with other governmental 10 agencies, with changes to the proposed text as 11 published in the October 15, 1999 issues of 12 the Texas Register(24 TexReg 8916)" 13 AGENDA ITEM NO. 5: BRIEFING - STATEWIDE 14 VEGETATION MANAGEMENT PLAN. 15 CHAIRMAN BASS: Item 5, statewide 16 vegetation management plan. Mr. McKinney. 17 (Whereupon, a briefing item was presented to 18 the commissioners, after which, the following 19 proceedings were had:) 20 AGENDA ITEM NO. 7: BRIEFING - SNOW GOOSE 21 CONSERVATION PLAN STATUS. 22 CHAIRMAN BASS: Next item is also a 23 briefing item. It's the Snow Goose 24 Conservation Plan Status from Vernon Bevill. 25 Please bring us up to date. I think we're in . 41 1 a different posture than we were this time 2 last year. 3 (Whereupon, a briefing item was presented to 4 the commissioners, after which, the following 5 proceedings were had:) 6 AGENDA ITEM NO. 8: ACTION - SCIENTIFIC BREEDER 7 REGULATIONS. 8 CHAIRMAN BASS: Item 8, Scientific 9 Breeder Regulations, Dr. Jerry Cooke. 10 DR. COOKE: Mr. Chairman and 11 Members, my name is Jerry Cooke, program 12 director of upland wildlife ecology in the 13 wildlife division. I'll be presenting an 14 abbreviated form of what we presented 15 yesterday on the scientific breeder 16 proclamation changes. 17 As we said before, there is 275 18 facilities that would be directly affected by 19 these regulations, and they're distributed 20 pretty much throughout the white-tail deer 21 ranch. The proposed changes would affect an 22 alternative unique numbering system to defer 23 the requirement for tattooing these unique 24 numbers until an animal is actually leaving a 25 facility. We want to emphasize that all deer . 42 1 would be required to be marked by March 1, 2 which is a slight change in the wording of the 3 proclamation that you had before you. 4 The purchase of transport permits, we 5 rescind the return requirement before 6 activation, allow permits to be valid until 7 they're actually used rather than lapsing at 8 the end of a breeder permit cycle, and to 9 allow amendments to both transport and 10 purchase permits any time during the 11 transaction. 12 We also want to clarify the fact that the 13 requirement for the signature of both the 14 seller and the receiver just needs to be done 15 before the end of the transaction, not 16 necessarily as a preliminary to the 17 transaction, and that an agent of either party 18 could be a signature on these permits. 19 Also, the wording that we had in the 20 proposal about ear tag changing, was not 21 really our intent. As long as the statutory 22 requirement that animals are ear tagged in the 23 facility is all that we're concerned with. 24 The use of the word "exact" number of 25 fawns reported by November 1 was a bit of . 43 1 concern because it kind of implied that there 2 wasn't any flexibility in the way it would be 3 enforced. We'd like to remove the word 4 "exact" from that, but otherwise require all 5 fawns to be reported November 1 in lieu of 6 tagging and tattooing. 7 Allow for the temporary transfer of adult 8 deer for breeding or fawns for nursing between 9 facilities or to a third party, and handle the 10 entire transaction with receipts rather than 11 actual change of ownership. 12 Yesterday I suggested -- or recommended 13 that we amend the requirement of markings to 14 allow the TX number to be used. I intended 15 that to be an alternative method not a 16 replacement method, because there are 17 out-of-state individuals who would come into 18 Texas that wouldn't have a TX number, and this 19 would allow those trailers to be marked as 20 well. 21 By policy, we'll be inspecting facilities 22 and records at reasonable times, which is to 23 say when business is being conducted. And we 24 intend -- again this is just a statement to 25 you. We intend to review all of our report . 44 1 forms and simplify those considerably over 2 what they were last year. 3 We recommend that the Commission adopt 4 this with the following amendment that you 5 read on your screen. And I would be happy to 6 answer any questions that you might have at 7 this time. 8 CHAIRMAN BASS: Not any questions. 9 We have some public comments at this time. 10 I'd like to ask Dr. James Kroll to please come 11 forward with your comments. And David 12 Langford, if you would be prepared to speak 13 next. 14 DR. KROLL: Good morning. I'll be 15 very brief. You know, often y'all get a lot 16 of criticism up here, but I'm here to say that 17 your system is working very well. One of our 18 goals -- I'm James Kroll, president of the 19 Texas Deer Association. And one of our goals 20 was to work cooperatively and harmoniously 21 with the department developing policy and 22 regulations. And I'm here to commend the 23 folks involved in this, Dr. Cooke and the 24 other -- Officer Sinclair in working very 25 closely with us in developing these amendments . 45 1 to the regulations. And we commend them and 2 we support them. Thank you. 3 CHAIRMAN BASS: Thank you, 4 Dr. Kroll. David Langford. And Jerry 5 Johnston, if you would be prepared to speak 6 next. 7 MR. LANGFORD: Thank you, 8 Mr. Chairman, members of the Commission. I'm 9 David Langford, Texas Wildlife Association, 10 and I would like to echo Dr. Kroll's comments 11 about working on this issue. Many of our 12 members are also scientific breeders and/or 13 vice versa, and these are regulations that 14 they can live with. We'd also like to make 15 sure that this is a work in progress. We'll 16 see how these all work. Everybody thinks 17 they're going to work fine, but I know that 18 everyone will be open if they do need tweaking 19 any more. I appreciate the spirit from which 20 all these negotiations have taken place. 21 Thank you. 22 CHAIRMAN BASS: Thank you. Jerry 23 Johnston. And Mr. Gilleland, if you'd be 24 prepared to speak next. 25 MR. JOHNSTON: Commissioners, I'm . 46 1 Jerry Johnston, vice-president of the Texas 2 Deer Association, and I also appreciate the 3 professional courtesy that Jerry Cooke and 4 David Sinclair, the people involved in the law 5 enforcement side of the issue of the breeder 6 rules and regs, that they have -- we've had a 7 couple of, like, field trips so to speak where 8 we got law enforcement, as well as Mr. Cooke's 9 department with us so that we could show them 10 in the pen that certain things that were 11 intended to be the right thing were not 12 working in all reality. And I'm just real 13 tickled that they've been open with us and 14 have understood. And I just want to, you 15 know, congratulate them, their working with 16 us. And we really appreciate it. 17 There's a couple of issues that we feel 18 like that the department is going to have to 19 prove to itself that they're not working that 20 well, and one of them is the unique number. 21 And in all practicality, I'm not sure that it 22 accomplishes what they want it to accomplish, 23 but we will work with that. And that's about 24 all. Thank you. 25 CHAIRMAN BASS: Thank you very . 47 1 much. Appreciate your comments. 2 Mr. Gilleland. 3 MR. GILLELAND: Will you call this 4 guy off? 5 COMMISSIONER BASS: Mr. Gilleland, 6 will you please follow the procedures? 7 MR. GILLELAND: My name is Ellis 8 Gilleland. I'm a private citizen. I'm 9 speaking for Texas Animals. We is a Texas 10 animal rights organization on the Internet. 11 I've given you a handout. It's the October 12 1st, 1999 pages from the Texas Register, Page 13 8512 and 8513. You will notice in the 14 publication that you have -- I have put a 15 check mark where it says, "A lawful 16 out-of-state source." This is Regulation 17 65.609, Purchase of Deer and Purchase Permit. 18 And two or three times you made the statement 19 in here that deer may be purchased or obtained 20 from a lawful out-of-state source. 21 You nowhere define what a lawful 22 out-of-state source is. If you look back on 23 the first page of your own definitions, you'll 24 see there's no definition for a lawful 25 out-of-state source. That is very ambiguous. . 48 1 You can have deer coming from Africa. You can 2 have state sources, private sources, federal 3 sources, all sorts of sources. And so it's 4 and ambiguous type situation. You need a 5 definition. 6 Down under F, straight down under that, 7 you have, "A person may amend a purchase 8 permit at any time prior to the transport of 9 deer." I'm very much opposed to allowing a 10 permit holder to make his own amendment and 11 then subsequently his own pleasure if he 12 decides to notify you, fine. So I would 13 reverse that and put yourself in the driver's 14 seat and not the permittee. You're the one 15 that grants the permit to start with, and to 16 allow the permittee to make his own amendment 17 is rather asinine, I think. 18 The next thing I would like to comment on 19 is you have Paragraph H and it says, "Deer 20 lawfully purchased or obtained for stocking 21 purposes may be temporarily held in 22 captivity," and then you have colon, and then 23 you put, "are not hunted prior to liberation." 24 That's not a sentence. It's not grammatically 25 correct. It has absolutely no meaning . 49 1 whatsoever. It's deliberately written to be 2 ambiguous. There's no way a judge or you -- I 3 challenge any one of you or any one in this 4 room or the state of Texas to make that into a 5 lawful, readable, workable sentence in 6 English. Now, maybe it makes sense in some 7 other language, but not in English. 8 The way it should be -- and have your 9 pencils and pens ready -- the way it should 10 be: "A deer lawfully purchased or obtained 11 for stocking purposes may be temporarily held 12 in captivity and shall not be hunted prior to 13 liberation." 14 Please do not write ambiguity into your 15 own cotton picking rule and allow people to 16 hunt. You're doing it deliberately. You're 17 doing it deliberately to allow these hunt yaks 18 to come up here and shoot deer in captivity. 19 When you get to court, the judge says, "Oh, I 20 can't interpret this. It's ambiguous." Ask 21 your own lawyer. Let's be honest with the 22 public, folks. 23 I hope Representative Kuempel is taking 24 note of this, the fraud that they're trying to 25 perpetrate on the public. Thank you, sir. . 50 1 CHAIRMAN BASS: That concludes the 2 public comment. Are there any questions from 3 the Commission or comments? 4 DR. COOKE: Can I respond to some 5 of those? 6 CHAIRMAN BASS: As you wish. 7 DR. COOKE: First of all, the 8 definition of a legitimate, legal out-of-state 9 source is defined by the states of origin, not 10 by us. So basically, as long as it's a legal 11 transaction in that state, then it's 12 recognized in this state. The aspect of 13 amendment was to accommodate for changing 14 decisions during a purchasing process or loss 15 of animals in transport, which certainly can't 16 complete a transaction under those 17 circumstances. 18 And as far as the wording on the soft 19 release, if a housekeeping change is required 20 to clarify -- I think it's very clear what the 21 intent of the Commission was. And we will 22 look into that before we publish the final, if 23 you allow me that flexibility to address that 24 housekeeping issue if it's required. 25 CHAIRMAN BASS: The Chair's feeling . 51 1 is that the words are not ambiguous and it is 2 clear and something that's easily interpreted. 3 So I personally don't feel that's an issue 4 unless anyone else in the Commission feels 5 otherwise. 6 COMMISSIONER DINKINS: Mr. Chair, 7 if they do look at it and think that some 8 housekeeping, clean-up would be good, I'd 9 certainly favor them doing that. 10 CHAIRMAN BASS: I would not oppose 11 it. 12 DR. COOKE: Thank you. 13 CHAIRMAN BASS: Any other comments? 14 Chair would entertain a motion. 15 COMMISSIONER HEATH: So move. 16 COMMISSIONER ANGELO: Second. 17 CHAIRMAN BASS: Motion by 18 Commissioner Heath, seconded by Commissioner 19 Angelo. All in favor. Any opposed? Thank 20 you, Dr. Cooke. 21 (Motion passed unanimously.) 22 "The Texas Parks and Wildlife Commission 23 adopts amendments to 31 TAC §§65.601, 65.602, 24 65.605, and 65.607-65.610, concerning the 25 Scientific Breeder Proclamation, with changes . 52 1 to the proposed text as published in the 2 October 1, 1999 issues of the Texas 3 Register(24 TexReg 8510)" 4 AGENDA ITEM NO. 9: BRIEFING - SEAGRASS. 5 CHAIRMAN BASS: Briefing item, 6 please, Seagrass. 7 (Whereupon, a briefing item was presented to 8 the commissioners, after which, the following 9 proceedings were had:) 10 AGENDA ITEM NO. 12: ACTION - LAND ACQUISITION 11 AND DONATION - JACK COUNTY - FORT RICHARDSON 12 SHP. 13 CHAIRMAN BASS: Item 12 is a land 14 acquisition and donation in Jack County, Fort 15 Richardson State Historical Park. Could we 16 please have Ms. Nichols give us that 17 presentation. 18 MS. NICHOLS: Chairman, 19 Commissioners, my name is Kathryn Nichols. 20 I'm in the land conservation program. We had 21 a land acquisition and donation opportunity 22 for Fort Richardson State Park. The 23 department has the opportunity to acquire 24 three parcels that underlie the Fort grounds 25 and trailway. An approximately five-acre . 53 1 tract -- an approximately five-acre tract is 2 available for purchase from an industrial 3 company. An approximately seven-acre tract is 4 for sale by a residential neighbor. And a 5 two-acre parcel is offered by donation from 6 the Friends of Fort Richardson, Inc. The 7 two-acre parcel fronts the creek and all 8 tracts but the park boundary. 9 In addition to conserving original Fort 10 property, acquisition of these tracts would 11 provide buffer to the present historic grounds 12 and buildings and watershed and allow the 13 department to remove unsightly metal 14 buildings, fencing and tanks that are visible 15 from the present restored area. 16 The staff recommends the Parks and 17 Wildlife Commission adopt the following 18 motion: "The Executive Director is authorized 19 to take all necessary steps to consummate the 20 purchase of two tracts of approximately seven 21 and five acres at a cost not to exceed the 22 appraised value and accept the donation of a 23 two-acre tract of land at Fort Richardson 24 State Historical Park." 25 CHAIRMAN BASS: Thank you. There's . 54 1 no public comment on this item. Is there any 2 question from the committee? 3 COMMISSIONER ANGELO: Move 4 approval. 5 CHAIRMAN BASS: Motion to move 6 approval. 7 COMMISSIONER IDSAL: Second. 8 CHAIRMAN BASS: And a second. All 9 in favor. Thank you very much. Please move 10 forward with that. 11 (Motion passed unanimously.) 12 AGENDA ITEM NO. 13: ACTION - PERSONNEL 13 MATTERS. 14 CHAIRMAN BASS: Last item on our 15 agenda today is a personnel matter. 16 Commissioner Heath is -- would you please take 17 the lead on this as chair of the finance 18 committee? 19 COMMISSIONER HEATH: Mr. Chairman, 20 there was an administrative error made in our 21 August meeting requiring the new posting -- 22 regarding the new posting requirements as set 23 forth by the legislature. Simply stated, 24 these requirements state that the issue of the 25 executive director's income be moved from . 55 1 executive session to open meeting. 2 Therefore, Mr. Chairman, I move that the 3 Commission approve the Executive Director's 4 new salary level as is authorized in the 5 Appropriations Bill effective September 1st, 6 1999. 7 CHAIRMAN BASS: Thank you. 8 Mr. Gilleland, you have signed up to speak on 9 this matter. Would you please come forward at 10 this time if you wish to speak. And 11 Mr. Gilleland, the Chair will admonish you to 12 remember the rules of conduct here and that we 13 will not tolerate any personal attacks or 14 comments of that nature. Please conduct 15 yourself in a business-like manner. 16 MR. GILLELAND: My name is Ellis 17 Gilleland. I'm a private citizen speaking for 18 Texas Animals, animal rights organization on 19 the Internet. I most respectfully request 20 that the information which you are discussing 21 in ambiguous and secretive tones be fully 22 explained to the public in terms of numbers, 23 what was this gentleman's previous salary and 24 what is it you are recommending, are you 25 recommending a decrease, increase or the same. . 56 1 I think the public has a right to know that. 2 My recommendation is that his salary be cut in 3 half. In other words, related to the work by 4 productivity that he is accomplishing. 5 The numbers are being withheld 6 deliberately. You're doing it deliberately, 7 and it is exactly the way you're doing with 8 the gifts. 9 CHAIRMAN BASS: Mr. Gilleland, the 10 numbers are -- excuse me, sir, for 11 interrupting. The numbers are part of the 12 Appropriations Bill that is public record. 13 You may go down to the Capitol and get that 14 information if you wish. Any other comments? 15 MR. GILLELAND: Yes, sir. If we -- 16 not everybody lives in Austin and can go down 17 and research this, sir. If it was announced 18 in a public meeting, it could go in the 19 newspaper, and if people could publish it to 20 the whole 20 million people in Texas. 20 21 million cannot come to the legislative library 22 and research that. I can and I will. But I'm 23 saying that it is your job, incumbent upon you 24 to be open to the public as opposed to being 25 secretive. You're secretive with the gifts. . 57 1 You don't say how much the NRA is giving you. 2 And you're not even telling us how much you're 3 paying this man, whether you're paying him 4 more or less -- 5 COMMISSIONER HEATH: Mr. Gilleland, 6 if we decide that it's your job to tell us how 7 to do our job, we'll let you know. 8 MR. GILLELAND: I have no more 9 comment. I've made my point. I just ask you 10 to be open. 11 CHAIRMAN BASS: Thank you, sir. 12 MR. GILLELAND: Thank you. 13 COMMISSIONER DINKINS: I second 14 Mr. Heath's motion. 15 CHAIRMAN BASS: Thank you. I have 16 a motion my Commissioner Heath, a second by 17 Commissioner Dinkins. All in favor. Any 18 opposed? Motion carries. 19 (Motion passed unanimously.) 20 "Commission authorization to increase the 21 annual salary of the Executive Director of 22 Texas Parks and Wildlife to $115,000." 23 CHAIRMAN BASS: Mr. Sansom, is 24 there any other business to come before this 25 Commission today? . 58 1 MR. SANSOM: No, sir. 2 CHAIRMAN BASS: The Chair knowing 3 of none, there is no other business, we stand 4 adjourned. We thank you, ladies and 5 gentlemen. 6 7 * * * * * 8 HEARING ADJOURNED 9 * * * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . 59 1 REPORTER'S CERTIFICATE 2 3 COUNTY OF TRAVIS X 4 THE STATE OF TEXAS X 5 I, Rachelle Latino, certified shorthand 6 reporter for the State of Texas, do hereby 7 certify that the above and foregoing 58 pages 8 constitutes a full, true and correct 9 transcript of the minutes of the Texas Parks 10 and Wildlife Commission on November 18, 1999, 11 in the commission hearing room of the Texas 12 Parks and Wildlife Headquarters Complex, 13 Travis County, Texas. 14 I further certify that a stenographic 15 record was made by me at the time of the 16 public meeting and said stenographic notes 17 were thereafter reduced to computerized 18 transcription under my direction and control. 19 Witness my hand this, the 29th day of 20 December 1999. 21 22 23 Rachelle Latino Certified Shorthand Reporter 24 State of Texas Certificate No. 6771 25 Expires: 12-31-99 . 60 1 2 Lee M. Bass, Chairman 3 4 5 Dick W. Heath 6 7 John Avila, Jr. 8 9 10 Ernest Angelo, Jr. 11 12 Carol E. Dinkins 13 14 15 Katharine Armstrong Idsal 16 17 Nolan Ryan 18 19 20 Mark E. Watson, Jr. 21 * * * * * 22 23 24 25
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