Regulations Committee

Wednesday, 9:00 a.m., Aug. 25, 2004

Committee Agenda Item No. 2
Presenter: Ann Bright

Regulations Committee
Rule Review
August 2004

I. Executive Summary: Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years.

A state agency's review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist. Under the requirements of this statute, this agency must now review Chapter 59, Parks, and Chapter 69, Resource Protection of Title 31 of the Texas Administrative Code.

With Commission approval, the agency will publish a Notice of Intent to Review for public comment in the Texas Register.

Committee Agenda Item No. 3
Presenter: Ann Bright

Regulations Committee
Rule Review
August 2004

I. Executive Summary: Section 2001.039 of the Texas Government Code requires state agencies to review each rule under its jurisdiction at least once every four years. A state agency's review of a rule must include an assessment of whether the reasons for initially adopting the rule continue to exist. Notice of proposed review of Chapter 55, Law Enforcement, was published in the Texas Register on March 5, 2004 (29 Tex.Reg. 2389). Notices of proposed review of Chapter 51, Executive, and Chapter 61, Design and Construction, were published in the Texas Register on July 23, 2004, (29 Tex.Reg. 7153). Following review of these chapters, TPWD staff is recommending several changes to ensure clarity and accuracy of the regulations and to eliminate unnecessary regulations.

II. Discussion: TPWD staff recommends publication of the following changes to Chapters 51, 55 and 61:

Chapter 51, Executive:

• Subchapter A, Procedures for Adoption of Rules: Clarification of language to more accurately reflect the process being used by TPWD (e.g., petitions are to be forwarded to the department, rather than the Executive Director, etc.).
• Subchapter B, Authority to Contract: Deletion of unnecessary language, addition of a reference to statutory requirements, and clarification of language.
• Subchapter C, Easement Requests and Unauthorized Easement Activity: Deletion of subchapter as unnecessary and not statutorily required. TPWD has a comprehensive land acquisition and conservation policy that addresses, among other things, easement review procedures.
• Subchapter D, Department Litigation: Deletion of subchapter as unnecessary and not statutorily required.
• Subchapter E, Sick Leave Pool: Correction of the title of the agency's sick leave pool administrator.
• Subchapter G, Nonprofit Organizations: Relocation of sections 51.164, Gifts to the Department, 51.167, Employee Fundraising Activities, and 51.168, Youth Appropriate Advertising to another subchapter, since these sections do not necessarily deal with Nonprofit Organizations.
• Subchapter H, Memorandum of Understanding: Deletion of subchapter as unnecessary and no longer statutorily required.
• Other-Training Rules. Addition of rules regarding employee training as required by the Texas Government Code, section 656.048.

Chapter 55, Law Enforcement

• Subchapter E, Permits for Aerial Management of Wildlife and Exotic Species. Relocation of subchapter to chapter regarding wildlife permits.
• Subchapter J, Mandatory Hunter Education Program. Relocation to a new chapter regarding education programs.
• Subchapter K, Mandatory Boater Education Program. Relocation to a new chapter regarding education programs.

Chapter 61, Design and Construction

• Subchapter A, Contracts for Public Works: Clarification of language to more accurately reflect the agency's contract and bidding process.
• Subchapters B-E: These subchapters relate to the Local Parks Grant program. As part of the review of these rules, staff are conducting hearings in eight locations around the state to solicit input on the program. Staff intends to return to the Commission in November with recommended changes to these subchapters.

TPWD staff noted the following other matters to be addressed in connection with the rule review:

Advisory Committee Rules: Chapter 2110 of the Texas Government Code requires state agencies to adopt rules regarding advisory committees. Among other things, Chapter 2110 provides that, unless otherwise designated by agency rule, all advisory committees are automatically abolished on the later of September 1, 2005 or four years after the creation of the advisory committee. Therefore, TPWD staff will undertake a review of all existing advisory committees by September 1, 2005. Following that review, staff will recommend the proposal of rules regarding the advisory committees to be continued.

Chapter 58, Oysters and Shrimp (except for Subchapter A, Statewide Oyster Fishery Proclamation): Although notice of intent to review this chapter has been published, the completed review of this chapter is not due until November 2005. Staff intends to complete its review of this rule by the summer of 2005.