(Texas Parks and Wildlife Commission
Public Hearing
January 2002 Commission Meeting
Committee and Public Hearing Synopsis Reports
REGULATIONS COMMITTEE
Wednesday, January
16, 2002
ITEM 1: Chairman’s Charges
ITEM: 2 Equine Anemia Regulations
Presenter: Jerry Cooke
This item amends the Public Lands Proclamation and State Park Operational Rules to require every equine entering a state park or unit of public hunting land to be accompanied by evidence of a recent negative test result for Equine Infectious Anemia.
ITEM 3: Cervid Disease Issues
Presenter: Jerry Cooke
The high visibility of Chronic Wasting Disease (CWD), Bovine Tuberculosis (TB) etc. in the news media has led to an increasing public awareness of their potential threat to the wild deer resources in Texas. Recent actions by the Texas Animal Health Commission (TAHC) in prohibiting the importation of elk, white-tailed deer, mule deer, and black-tailed deer from the State of Colorado highlight the importance of cervid diseases to livestock raisers in Texas. Because the Parks and Wildlife Commission regulates possession of white-tailed deer and mule deer held under Scientific Breeder Permits, there are rules that can be adopted by the Parks and Wildlife Commission to assist the TAHC in their efforts. For example, statute requires deer that are “sold, bartered, or exchanged or offered for sale, barter, or exchange” be in a “healthy condition.” Defining “healthy condition” within the context of TAHC monitoring and testing programs would constitute such assistance. This proposal would define a deer in “healthy condition” as one coming from a Scientific Breeder Facility having a herd health management plan approved by TAHC or meeting the minimum TAHC monitoring/testing requirements for TB and CWD. Also, the proposal would restrict sale, transportation, temporary transfer, and liberation to only those deer from facilities meeting that definition. Representatives of the TAHC are expected to be present to answer questions.
ITEM 4: Statewide Oyster Fishery Proclamation Amendments
Presenter: Robin Riechers
This item proposes amendments to Chapter 58, Subchapter A (Statewide Oyster Fishery). Proposed amendments are initiated at the direction of Senate Bill 305, 77th Legislature, Regular Session and primarily affect the oyster lease program. Amendments include edit items for clarification and proposed amendments to provide consistency with Parks and Wildlife Code Chapter 76 as modified in Senate Bill 305.
The proposed amendments include:
- The term of the lease will be 15 years
- The rental fee changes from $3.00 to $6.00 per acre and a late penalty fee of 10% of the amount owed is charged if payment occurs after the due date
- If payment is not received within 90 days of the due date the lease is terminated
- Provisions that set the terms for lease renewal, lease transfer, and lease auction if a lease is not renewed
- Establish a lease renewal and lease transfer fee of $200
- Establish a condition that, for renewal on March 1, 2002, an updated survey of the current lease be included
- A lease auction will only occur if a lease is not renewed
- Provisions to allow the Department to set a minimum acceptable bid price based on previous auctions, open market prices and other relevant factors
ITEM 5: Statewide Hunting and Fishing Proclamation
Presenters: Phil Durocher, Hal Osburn, Gary Graham
This item briefs the Regulations Committee on potential changes to the 2002-2003 Statewide Hunting and Fishing Proclamation. The potential changes include:
- Nonsubstantive, housekeeping-type alterations
- Readoption or repeal of provisions maintaining closed seasons in certain state-owned riverbeds
- Simplification of proof-of-sex requirements for deer
- Implementation of a license log for deer
- Elimination in 10 East Texas counties of a regulation prohibiting the use of dogs to trail wounded deer
- Modification of the late youth-only season to allow harvest of buck deer and to require antlerless deer to be harvested by permit in all counties where there is a permit requirement during any part of the general season
- Modification of Managed Lands Deer (MLD) buck permit provisions to allow the harvest of spike-antlered bucks prior to the opening of the general season on Level II properties
- Modification of Managed Lands Deer (MLD) buck permit provisions to allow the harvest of bucks by means of archery during the archery season on Level II properties
- Increased number of ‘doe days’ in 17 north-central counties
- A special regulation to define buck deer Austin, Colorado, Lavaca, Fayette, Lee, and Washington counties
- Opening of a Fall Season for Rio Grande turkey in Hill County
- Opening of a standard Spring Season for Eastern turkey in Brazoria, Fort Bend, Matagorda, and Wharton counties
- Elimination of minimum length limits for sunfish on Purtis Creek State Park Lake
- Implementation of a slot limit, bag limit, and size restrictions for largemouth bass on Gibbons Creek Reservoir
- Implementation of an increased minimum length limit for largemouth bass on Brushy Creek Lake
- Elimination of slot limit and implementation of a minimum length limit for red drum on Coleto Creek Reservoir
- Adjustments to minimum length and bag limits for largemouth bass on Lake Alan Henry
- Implementation of increased minimum length limit for largemouth bass on Lakes Proctor and Possum Kingdom
- Implementation of a requirement for all fish landed from Texas public waters to conform Texas size and bag limits. This will primarily address concerns about over harvest of fish in Sabine Lake caught under Louisiana regulations
ITEM 6: Public Lands Proclamation 2002-2003
Presenter: Herb Kothmann
This item proposes amendments to the Public Lands Proclamation and apprises the Committee of candidate state parks for public hunting opportunity. The proposed changes to the Public Lands Proclamation include:
- Elimination of references to fees, which are being consolidated in a separate chapter of the Texas Administrative Code
- Standardization of permit privileges by eliminating exceptions allowing users of Limited Public Use permits to hunt on certain units of U.S. Forest Service lands
ITEM 7: Standards for Qualification of Open Space Land Used for Wildlife Management
Presenter: Kirby Brown
This item briefs the Commission on the status of wildlife use tax valuations standards required by House Bill 3123, enacted during the most recent legislative session. The briefing will address:
- Provisions of House Bill 3123
- Cooperative involvement of the Comptroller of Public Accounts
- Public input
- Advisory Committee input
- Implementation
FINANCE COMMITTEE
Wednesday, January
16, 2002
ITEM 1: Chairman’s Charges
ITEM 2: Financial Review and Update
Presenter: Suzy Whittenton
Staff will present a financial review for the year to date FY2002, including an update on Account 9, Game, Fish and Water Safety and Account 64, State Parks. This presentation will focus on the sale of hunting and fishing licenses, boat registration and titling fees, and state park fees. Updated budget and expenditure information will also be presented.
ITEM 3: License System Update
Presenter: Jayna Burgdorf
Staff will update the Commission on the implementation of the new license system. The update will include information regarding the closeout of the Transactive system and the statistics related to license agents selling via the WorldCom system. Staff will cover the call center and internet sales capabilities of the system, as well.
ITEM 4: License and Permit Fees
Presenter: Suzy Whittenton, et al
Staff will brief the committee on issues related to license and permit fees, including proposed fee increases and proposed changes to rules aimed at streamlining and clarifying existing provisions. The presentation will include:
- Information regarding projected budgetary needs for FY03 and beyond
- Estimates of the amount of new revenue needed to adequately address these needs
- Proposed timeline for license/permit fee increase proposal
- Review of current licenses and permits (hunting, fishing, commercial and other), including fees, numbers sold, etc.
- Proposed changes in license and permit fees; proposed streamlining of fee related rules
- The revenues estimated to be generated from these proposed changes
Staff will request permission to publish the proposed changes in the Texas Register for public comment.
NOTE: As of this writing, staff is in the process of developing the fee proposals. Proposed changes to rules will be available and distributed prior to the commission meeting
ITEM 5: Boat Fees
Presenter: Suzy Whittenton, Dennis Johnston
This item reviews proposed changes to (1) boat registration and titling fees and (2) new boating industry registration requirements and fees, published for public comment in the December 14, 2001 issue of the Texas Register, and requests permission to forward the proposal to the full commission for final adoption.
Proposed rules submitted to the Texas Register included the following changes to boat related fees:
- Increase boat registration
fees:
o Class A – from $25 to $30
o Class 1 – from $40 to $50
o Class 2 – from $55 to $70
o Class 3 – from $70 to $90
o Livery Class A- from $15 to $30
- Increase titling fees:
o Certificate of Title – from $15 to $25
o “Quick” Title- from $25 to $35
- Increase transfer and duplicate fees from $5 to $10
- Eliminate reference
to marine dealer/manufacturer
fee, which is addressed
in the new program below.
The proposed rules also establish a program to identify and classify participants in the vessel and outboard motor industry, as provided in Senate Bill 305, Section 31.006(f). The proposed rules provide for the following:
- Four classes of industry registration: Class A and B Dealer, Marine Distributor and Marine Manufacturer
- Mandatory dealer, distributor and manufacturer registration as a requirement to do business in the state
- Requirement that dealers certify that they are in compliance with state law
- $500 registration and renewal fee for Class A, distributor and manufacturer, $250 for Class B
- Required notification of a change of status regarding ownership, business name, physical location, franchise line, and factory representatives in Texas
As of this writing, comments on these proposals were still being received. A complete summary of the comments will be provided at the presentation.
ITEM 6: Park Fees
Presenter: Walt Dabney
Proposed changes to 31 Texas Administrative Code, chapter 59, subchapter A, Rules § 59.2 and § 59.3 are required as parks are reaching current maximum Commission established fee ranges.
ITEM 7: Nonprofit Partners, Employee Fundraising, and Youth-Appropriate Advertising
Presenter: Gene McCarty
This item proposes new regulations required by SB 305 (Sunset) published in the December 14, 2001 issue of Texas Register for 30-day public comment (26 TexReg 10228). The proposed rules include:
- Best practices for nonprofit partners of the department
- Requirements to comply with state standards and safeguards for accounting by nonprofit partners
- Guidelines for sponsorships by the official nonprofit partner
- Guidelines for solicitation of gifts by department employees
- Definition of advertising that is appropriate for viewing by youth
ITEM 8: Grants
- Local Park Funding
- Indoor Recreation
Grants
Presenter: Tim Hogsett
Local Park Funding
- Make grants from the Texas Recreation and Parks Account to Texas local governments for the acquisition and/or development of outdoor recreation sites
- As of July 31, 2001 TPW received 39 applications requesting $16,271,090.00 in matching fund assistance
- Staff is recommending support of 13 projects in the amount of $5,750,962.00
Indoor Recreation Grants
- Make grants from the Texas Recreation and Parks Account to Texas local governments for the acquisition and/or development of local indoor recreation facilities
- As of July 31, 2001 TPW received 22 indoor recreation applications requesting $13,582,476 in matching fund assistance
- Staff is recommending support of 6 projects in the amount of $3,325,000
ITEM 9: Small Community Grant Projects and Regional Grants
Presenter: Tim Hogsett
This item proposes to:
- The Texas Recreation and Parks Account Program Grants Manual is proposed for amendment and contains the proposed administrative rules and regulations for operation of the Small Communities and Regional Park Grant Programs
- The Texas Recreation
and Parks Account Small
Communities and Regional
Park Grants Programs Project
Priority Scoring Systems
containing the proposed
criteria to be used to
evaluate and prioritize
grant applications requesting
Small Communities or Regional
Park Grant recreation
assistance are proposed
for adoption
CONSERVATION COMMITTEE
Wednesday, January
16, 2002
ITEM 1: Chairman’s Charges
ITEM 2: Land Transfer – Lake Rita Blanca State Park
Presenter: Walt Dabney
This item proposes to:
- Negotiations are underway between TPW and the City of Dalhart to consider the transfer of Lake Rita Blanca State Park to the City of Dalhart
- Authority is requested to authorize the Executive Director to take all steps necessary to negotiate site transfers and enter into project agreements for the Lake Rita Blanca State Parks site
ITEM 3: Naming Historic Sites and Parks
Presenter: Walt Dabney
The purpose of this item is to request Commission action regarding the renaming of TPW “historical parks” to “historic(al) sites” in response to the Sunset Commission’s mandate during the 77th Legislative session.
ITEM 4: Land Acquisition – Uvalde County (Garner)
Presenter: Karen Leslie
The purpose of this item is to seek approval to acquire approximately 127 acres adjacent to Garner State Park.
This item will:
- Acquire prime Frio River frontage directly across the river from the park’s primary park activity area
- Protect the park from undesirable land uses
- Not require additional operating funds, since the property can be managed with existing staff
ITEM 5: Land Acquisition – Brewster County (Black Gap)
Presenter: Jack Bauer
Land acquisition of three in-holding tracts totaling 1340 acres from 8 landowners within the Black Gap WMA is recommended.
- The properties represent high quality Desert Bighorn Mountain Sheep habitat
- Funding is recommended through “Foundation for North American Wild Sheep” revenue generated from the auction of special sheep permits and FY01 approved capital funds for in-holding acquisition at the Black Gap WMA
- No additional staff
or operating expenses
is anticipated with these
additions
AD HOC INFRASTRUCTURE COMMITTEE
Wednesday, January
16, 2002
ITEM 1: Chairman’s Charges
ITEM 3: Proposition 8 Project Strategy
Presenter: Scott Boruff
The Commission will be given a presentation on the strategy of Proposition 8 bond implementation.
OUTREACH AND EDUCATION COMMITTEE
Wednesday, January
16, 2002
ITEM 1: Chairman’s Charges
ITEM 2: Hunter Education
Presenters: Dr. Larry McKinney/Steve Hall
Discussion of the hunter education program at the last Outreach & Education Committee meeting spawned questions about overall convenience and whether hunter education is a barrier to participation. This briefing brings forth the facts about hunter recruitment, the Texas hunter education law/program, federal aid requirements, alternative methods of delivery and why the Texas program is currently considered one of the best in North America by the International Hunter Education Association.
ITEM 3: Texas Parks and Wildlife Outreach – Status Report
Presenters: Steve Hall/Leah Huth
Briefing on the status of education and outreach efforts, particularly those related to: 1) Sunset Bill recommendations, 2) the newly appointed Outreach and Education Advisory Group and TPW Leadership Team, and 3) Statewide and regional outreach strategies including Outdoor Kids and pilot Outdoor Ambassador workshop scheduled in early January.
ITEM 4: Community Outdoor Outreach Grant Program
Presenter: Darlene Lewis
Will update the Commission on the recent Community Outdoor Outreach Program
Awards as well as update them on the Outdoor Ambassadors/TX Buffalo Soldiers Workshop.
- Number of projects requested vs. funded
- Types of projects funded
- Improvements in the types of projects requested/funded
ITEM 5: Buffalo Soldiers Outreach Program Update
Presenter: Ken Pollard
Update on the partnerships of the Texas State Parks - Community Services Education & Outreach Programs, Texas Buffalo Soldiers, Exploring Texas Roots, Blazing New Trails and the Texas Buffalo Soldiers Heritage Trail. Partnerships are paramount in developing the statewide minority base of volunteers and organizations. Three successful statewide partnerships that target minority communities through Community Services Education & Outreach Programs will be highlighted.
- Lockhart High School - American Cultures Class, Texas Buffalo Soldiers Heritage Trail Project that provides cultural research data for the Heritage Trail Project while developing cultural awareness and technological skills for the students; established in 1997
- The Texas Department of Protective & Regulatory Services, Dan Kubiak Buffalo Soldiers Heritage At-Risk Youth Program with a process for measuring effectiveness, evaluation and follow-up; established in 1996
The Cowboys of Color Southwest Rodeo Tour with report on the 2001 Rodeo Tour – Minority adult outreach initiative; established in 2000
PUBLIC HEARING
SYNOPSIS REPORTS
PUBLIC HEARING
January 17, 2002
Approval
of the Minutes from
the previous meetings.
Acceptance of Gifts
Retirement Certificates
and Service Awards
ITEM 1: ACTION – Approval of Agenda
ITEM 2: ACTION – Equine Anemia Regulations
Presenter: Jerry Cooke
This item amends the Public Lands Proclamation and State Park Operational Rules to require every equine entering a state parks or unit of public hunting land to be accompanied by evidence of a recent negative test result for Equine Infectious Anemia.
ITEM 3: ACTION - Statewide Oyster Fishery Proclamation Amendments
Presenter: Robin Riechers
This item proposes amendments to Chapter 58, Subchapter A (Statewide Oyster Fishery). Proposed amendments are initiated at the direction of Senate Bill 305, 77th Legislature, Regular Session and primarily affect the oyster lease program. Amendments include edit items for clarification and proposed amendments to provide consistency with Parks and Wildlife Code Chapter 76 as modified in Senate Bill 305.
The proposed amendments include:
- The term of the lease will be 15 years
- The rental fee changes from $3.00 to $6.00 per acre and a late penalty fee of 10% of the amount owed is charged if payment occurs after the due date
- If payment is not received within 90 days of the due date the lease is terminated
- Provisions that set the terms for lease renewal, lease transfer, and lease auction if a lease is not renewed
- Establish a lease renewal and lease transfer fee of $200
- Establish a condition that, for renewal on March 1, 2002, an updated survey of the current lease be included
- A lease auction will only occur if a lease is not renewed
- Provisions to allow the Department to set a minimum acceptable bid price based on previous auctions, open market prices and other relevant factors
ITEM 4: ACTION – Boat Fees
Presenter: Suzy Whittenton, Dennis Johnston
This item reviews proposed changes to (1) boat registration and titling fees and (2) new boating industry registration requirements and fees, published for public comment in the December 14, 2001 issue of the Texas Register, and requests permission to forward the proposal to the full commission for final adoption.
Proposed rules submitted to the Texas Register included the following changes to boat related fees:
- Increase boat registration
fees:
o Class A – from $25 to $30
o Class 1 – from $40 to $50
o Class 2 – from $55 to $70
o Class 3 – from $70 to $90
o Livery Class A- from $15 to $30
- Increase titling fees:
o Certificate of Title – from $15 to $25
o “Quick” Title- from $25 to $35
- Increase transfer and duplicate fees from $5 to $10
- Eliminate reference to marine dealer/manufacturer fee, which is addressed in the new program below.
The proposed rules also establish a program to identify and classify participants in the vessel and outboard motor industry, as provided in Senate Bill 305, Section 31.006(f). The proposed rules provide for the following:
- Four classes of industry registration: Class A and B Dealer, Marine Distributor and Marine Manufacturer
- Mandatory dealer, distributor and manufacturer registration as a requirement to do business in the state
- Requirement that dealers certify that they are in compliance with state law
- $500 registration and renewal fee for Class A, distributor and manufacturer, $250 for Class B
- Required notification of a change of status regarding ownership, business name, physical location, franchise line, and factory representatives in Texas
As of this writing, comments on these proposals were still being received. A complete summary of the comments will be provided at the presentation.
ITEM 5: ACTION – Park Fees
Presenter: Walt Dabney
Proposed changes to 31 Texas Administrative Code, chapter 59, subchapter A, Rules § 59.2 and § 59.3 are required as parks are reaching current maximum Commission established fee ranges.
ITEM 6: ACTION – Nonprofit Partners, Employee Fundraising, and Youth-Appropriate Advertising
Presenter: Gene McCarty
This item proposes new regulations required by SB 305 (Sunset) published in the December 14, 2001 issue of Texas Register for 30-day public comment (26 TexReg 10228). The proposed rules include:
- Best practices for nonprofit partners of the department
- Requirements to comply with state standards and safeguards for accounting by nonprofit partners
- Guidelines for sponsorships by the official nonprofit partner
- Guidelines for solicitation of gifts by department employees
- Definition of advertising that is appropriate for viewing by youth
ITEM 7: ACTION – Land Transfer – Lake Rita Blanca State Park
Presenter: Walt Dabney
This item proposes to:
- Negotiations are underway between TPW and the City of Dalhart to consider the transfer of Lake Rita Blanca State Park to the City of Dalhart
- Authority is requested to authorize the Executive Director to take all steps necessary to negotiate site transfers and enter into project agreements for the Lake Rita Blanca State Parks site
ITEM 8: BRIEFING – Recreational Metal Detecting
Presenter: Walt Dabney
The purpose of this item is to provide the Commission with an overview of efforts to legalize recreational metal detecting on TPW lands.
ITEM 9: ACTION - Local Park Funding
Presenter: Tim Hogsett
- Make grants from the Texas Recreation and Parks Account to Texas local governments for the acquisition and/or development of outdoor recreation sites
- As of July 31, 2001 TPW received 39 applications requesting $16,271,090.00 in matching fund assistance
- Staff is recommending support of 13 projects in the amount of $5,750,962.00
ITEM 10: ACTION - Indoor Recreation Grants
Presenter: Tim Hogsett
- Make grants from the Texas Recreation and Parks Account to Texas local governments for the acquisition and/or development of local indoor recreation facilities
- As of July 31, 2001 TPW received 22 indoor recreation applications requesting $13,582,476 in matching fund assistance
- Staff is recommending support of 6 projects in the amount of $3,325,000
ITEM 11: ACTION – Small Community Grant Projects and Regional Grants
Presenter: Tim Hogsett
This item proposes to:
- The Texas Recreation and Parks Account Program Grants Manual is proposed for amendment and contains the proposed administrative rules and regulations for operation of the Small Communities and Regional Park Grant Programs
- The Texas Recreation and Parks Account Small Communities and Regional Park Grants Programs Project Priority Scoring Systems containing the proposed criteria to be used to evaluate and prioritize grant applications requesting Small Communities or Regional Park Grant recreation assistance are proposed for adoption
ITEM 12: Land Acquisition – Uvalde County (Garner)
Presenter: Karen Leslie
ITEM 13: Land Acquisition – Brewster County (Black Gap)
Presenter: Jack Bauer
Land acquisition of three in-holding tracts totaling 1340 acres from 8 landowners within the Black Gap WMA is recommended.
- The properties represent high quality Desert Bighorn Mountain Sheep habitat
- Funding is recommended through “Foundation for North American Wild Sheep” revenue generated from the auction of special sheep permits and FY01 approved capital funds for in-holding acquisition at the Black Gap WMA
- No additional staff or operating expenses is anticipated with these additions
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