Commission Agenda Item No. 2
Presenter: Justin Halvorsen

Action
FY 2014 Operating and Capital Budget and
Conservation and Capital Accounts,
TPWD Budget and Investment Policy Resolutions,
State Parks List for Performance Measure Reporting
August 22, 2013

  1. Executive Summary: The Commission will consider the approval of the FY 2014 Operating and Capital Budget, proposed projects funded from Conservation and Capital Accounts, the Budget and Investment Policy resolutions, as well as the State Parks listing for Legislative Budget Board (LBB) performance measure reporting purposes.
  2. Discussion: Staff will request approval of the proposed FY 2014 Operating and Capital Budget, proposed projects to be funded from Conservation and Capital Accounts, the Budget and Investment Policy resolutions and the State Park listing for LBB performance measure reporting purposes.

    The proposed combined budget for fiscal year 2014 is based on legislative appropriations and other authority provided in special provisions and the supplemental appropriations bill.

    In addition, Section 11.043 of the Parks and Wildlife Code provides that funds in the Texas Parks and Wildlife Conservation and Capital Account (Account 5004) may only be spent on projects that have been individually approved by the Commission.

    Through the Budget Policy, the Commission authorizes the Executive Director to approve and execute, or have executed on his behalf, necessary expenditures, budget adjustments and transfers. Budget adjustments, excluding federal grants and bonds, which exceed $250,000 require prior approval of the Chairman of the Commission or the Chairman’s designee. The Investment Policy must be reviewed annually by the Commission as required by statute. All Texas Parks and Wildlife Department funds, with a few exceptions, are required to be deposited in the State Treasury. The policy also includes requirements for bank accounts, training and other reporting requirements. No changes were made to the Budget Policy and only slight changes were made to the Investment Policy that was approved for FY 2013.

    Finally, the list of State Parks presented to the Commission for approval will serve as the basis for calculating the LBB performance measure, “Number of State Parks in Operation” over the 2014-15 biennium.

  3. Recommendation: Staff recommends the Texas Parks and Wildlife Commission adopt the following motion:
    “The Executive Director is authorized to expend funds to operate the Texas Parks and Wildlife Department in accordance with the proposed FY 2014 Operating and Capital Budget (Exhibits A, B) and approves expenditure of FY 2014 Texas Parks and Wildlife Conservation and Capital Account funds, including additional funds realized in FY 2014, for the individual projects listed (Exhibit C). The Commission also approves the Budget Policy (Exhibit D) and the Investment Policy (Exhibit E). The Commission authorizes the Department to use the listing of State Parks (Exhibit F) as the basis for calculating the performance measure “Number of State Parks in Operation”. The Department is authorized to adjust the listing as necessary to ensure the accuracy of measure reporting during the 2014-15 biennium in accordance with the procedures set forth in Exhibit F.”

Attachments – 6

  1. Exhibit A—FY 2014 Agency Budget by Strategy
  2. Exhibit B—FY 2014 Operating and Capital Budget by Division/Object of Expense
  3. Exhibit C—Conservation and Capital Accounts
  4. Exhibit D—Budget Policy
  5. Exhibit E—Investment Policy
  6. Exhibit F—State Parks List

Commission Agenda Item No. 2
Exhibit A

FY 2014 Agency Budget by Strategy
Strategy FY2014
A.1.1. Wildlife Conservation 25,208,248
A.1.2. Technical Guidance 2,605,606
A.1.3. Hunting and Wildlife Recreation 2,651,717
A.2.1. Inland Fisheries Management 13,206,241
A.2.2. Inland Hatcheries Operations 4,808,421
A.2.3. Coastal Fisheries Management 11,361,694
A.2.4. Coastal Hatcheries Operations 3,175,612
B.1.1. State Park Operations 73,686,027
B.1.2. Parks Minor Repair Program 3,719,634
B.1.3. Parks Support 3,944,914
B.2.1. Local Park Grants 8,187,766
B.2.2. Boating Access and Other Grants 5,931,152
C.1.1. Enforcement Programs 53,114,167
C.1.2. Warden Training Academy 1,304,922
C.1.3. Law Enforcement Support 2,352,744
C.2.1. Outreach and Education 2,392,579
C.2.2. Promote TPWD Efforts 5,275,217
C.3.1. License Issuance 7,434,596
C.3.2. Boat Registration and Titling 1,299,184
D.1.1. Improvements and Major Repairs 75,263,817
D.1.2. Land Acquisition 452,195
D.1.3. Infrastructure Administration 3,923,035
D.1.4. Debt Service 3,450,296
E.1.1. Central Administration 9,164,566
E.1.2. Information Resources 11,890,523
E.1.3. Other Support Services 2,911,424
Other Activity Payroll Related 41,180,210
Total 379,896,507
Method of Finance FY2014
General Revenue 101,828,378
GR Ded-Game, Fish, and Water Safety 127,310,106
GR Ded-State Parks 41,317,045
GR Ded-Other 1,578,727
Federal Funds 44,301,181
Other Funds 6,734,566
GO Bonds 56,826,504
Total 379,896,507

Commission Agenda Item No. 2
Exhibit B

FY 2014 Operating and Capital Budget by Division/Object of Expense

FY 2014 Operating and Capital Budget by Division/Object of Expense

Note 1) The above FTE numbers are budgeted FTEs. GAA FTE cap for the agency is 3,109.2


Commission Agenda Item No. 2
Exhibit C

Conservation and Capital Accounts

AY2014 Texas Parks and Wildlife Conservation and Capital Account Project Listing

The Conservation and Capital Account (5004) is no longer funded due to the passage of HB-7 (83rd Legislature). Beginning in FY2014, conservation license plate revenue will be deposited to the License Plate Trust Fund (0802).


Commission Agenda Item No. 2
Exhibit D

Budget Policy (CP-009)

It is the policy of the Texas Parks and Wildlife Commission to authorize the Executive Director to approve and execute or have executed on his behalf, expenditures, budget adjustments and transfers as follows:

  1. Adjust the budget to bring unexpended balances forward from prior year approved budgets.
  2. Adjust the budget for transfers between budgetary units, major expense categories, or line items.
  3. Adjust the budget to increase funds to allow payment of appraisal fees, witness fees, and investigation expenses on land acquisition and construction projects.
  4. Approve and/or execute contracts and interagency agreements necessary in the daily operation of the Department. Revenues derived from interagency agreements may be budgeted and expended.
  5. Adjust the budget for appropriated revenues, such as sale of equipment, donations, concessions, escrow, refunds, insurance proceeds, and publications revenue, so long as the expenditures are in agreement with the stated program goals and there will be sufficient cash during the fiscal year.
  6. Approve and/or execute construction, repair, or renovation budgets, contracts, interagency agreements, and change orders if necessary to complete a project as approved by the Commission. Adjust the budget from one Department facility major repair or development project to another or from available revenue to cover increased project costs or changes in scope.
  7. Allocate super combo license revenue to the related stamp funds according to the documented methodology and authorize the related transfers of revenue to appropriate accounts.
  8. Adjust the budget to cover the costs of lawsuits or settlements if deemed to be in the best interest of Texas Parks and Wildlife.
  9. Adjust the budget to place a Department facility into reasonable operation when its condition poses a health or safety hazard or seriously hampers its ability to function.
  10. Authorize classification changes anytime during a budgetary year, providing that such changes have been thoroughly justified and funds are available.
  11. Increase the number of positions when new facilities are placed into operation and/or new programs are implemented, staying within the authorized FTE limit.
  12. Adjust the budget to make capital expenditures for construction projects funded in part with proceeds of bonds issued by the Texas Public Finance Authority.
  13. Approve and/or execute the reimbursement of construction project costs with the proceeds of tax-exempt bonds issued by the Texas Public Finance Authority, pursuant to federal Internal Revenue Code guidelines.

The Chair or Vice Chair of the Commission, or a Commissioner designee of the Chair or Vice Chair, is authorized to increase, decrease or otherwise adjust the budget during the fiscal year based on revenue and expenditure information and document those actions as noted below.  Any budget adjustments that exceed a threshold of $250,000, excluding federal and bond funds, require the prior approval of the Chair, Vice Chair, or Commissioner designee through such means as a conference call or memo. Donations or gifts exceeding $500 shall be accepted by the Chair, Vice Chair, or Commissioner designee on a monthly basis, with Commission acknowledgement of the acceptance of the donations at each scheduled Commission meeting.

Subject to notification of the TPW Commission of any changes to previously discussed purposes or uses of funds, the Department is authorized to use dedicated accounts and sub-accounts for purposes consistent with those outlined in relevant statutory provisions or administrative rules as set forth in the Texas Administrative Code.

This policy shall rescind any existing policy on budget adjustments and transfers.

APPROVED this the 22nd day of August 2013.

 In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this 22nd day of August 2013.

________________________________
T. Dan Friedkin, Chairman

________________________________
James H. Lee, Member

________________________________
Ralph H. Duggins, Vice-Chairman

________________________________
Margaret Martin, Member

________________________________
Antonio Falcon M.D., Member

________________________________
S. Reed Morian, Member

________________________________
Dan Allen Hughes, Jr., Member

________________________________
Dick Scott, Member

________________________________
Bill Jones, Member


Commission Agenda Item No. 2
Exhibit E

Investment Policy (CP-016)

All funds paid to Texas Parks and Wildlife Department (TPWD) pursuant to the Parks and Wildlife Code or allocated to TPWD per  §151.801 of the Texas Tax Code are required by §11.042 of the Parks and Wildlife Code to be deposited in the treasury with two exceptions, the Operation Game Thief Fund and the Texas Park Development Fund.  The Operation Game Thief Fund is held outside the treasury and, as authorized by Parks and Wildlife Code §12.201, is invested according to rules adopted by the Operation Game Thief Committee.  Therefore, the investment of the Operation Game Thief Fund is not governed by this Investment Policy. Although not required, the Texas Park Development Fund is and will continue to be deposited in the treasury and invested by the Comptroller.

Parks and Wildlife Code §11.065 authorizes the Commission to adopt rules for investment of the Lifetime License Endowment Account.  The Lifetime License Endowment Account is and will continue to be deposited in the treasury and invested by the Comptroller.

In addition, TPWD has established an account at The Texas Treasury Safekeeping Trust Company, an organization created by the Texas Legislature to invest and safeguard funds for the state and various subdivisions whose sole shareholder and director is the Texas Comptroller of Public Accounts.  TPWD’s account at The Texas Treasury Safekeeping Trust Company is for the purpose of accepting donations of marketable securities which shall be held only until accepted by the Commission.  Donations of marketable securities shall be sold promptly upon acceptance by the Commission and the proceeds shall be deposited into the treasury.

I.       Objectives of TPWD   

  1. Suitability of the investment to TPWD requirements
  2. Preservation and safety of principal
  3. Liquidity
  4. Marketability
  5. Diversification of the portfolio
  6. Yield

II.     Policy Guidelines         

  1. TPWD funds shall be held in the state treasury and invested by the Comptroller under Texas Government Code §404.024.
  2. Mitigation funds distributed to TPWD shall be deposited in the state treasury and accounted for separately.
  3. Bank accounts authorized by the General Appropriations Act of the 83rd Legislature, Article VI, Rider 3, and Texas Government Code §§403.241-403.252 and §660.025 (petty cash accounts and imprest accounts for the purchase of evidence) should be either interest-bearing accounts or accounts with no fees.  Any interest earned in excess of bank fees shall be deposited in the General Revenue Fund. The establishment of any petty cash or imprest bank accounts must be approved by the Department’s Chief Financial Officer (Signature and Approval Policy OP-03-03).  Continuance of bank accounts is dependent upon timely and accurate record keeping and reporting.

III.    Texas Public Funds Investment Act:  Investment Officer Designation and Reporting

  1. Pursuant to Texas Government Code §2256.004, the Texas Public Funds Investment Act (PFIA) does not apply to TPWD funds which are deposited into the state treasury and which are managed by the Texas Comptroller of Public Accounts in accordance with Texas Government Code §404.024.  Therefore, TPWD does not presently have any funds on deposit outside the treasury subject to the PFIA.
  2. In the event that TPWD funds are deposited outside of the state treasury and become subject to the PFIA, the TPWD Executive Director, or designee, shall identify and designate an Investment Officer.
    1. The designated TPWD Investment Officer, or Officers, shall perform the functions and responsibilities required by the PFIA.
    2. The Investment Officer(s) shall attend investment training at least once each state fiscal biennium from a program recommended by the Texas Higher Education Coordinating Board.
    3. The Investment Officers are required to disclose any personal business or familial relationship with a business organization offering to sell investments to TPWD.
    4. The Investment Officers are required to provide a written copy of the investment policy to every business organization engaging in investment activity with TPWD and must obtain written acknowledgement that the policy was received and reviewed and appropriate procedures and controls are in place to preclude unauthorized transactions.
    5. The Investment Officers will ensure that all TPWD funds outside the state treasury held in bank accounts are insured by FDIC up to the FDIC deposit insurance limit, currently $250,000.  If at any time deposits exceed the FDIC deposit insurance limit in any financial institution, the custodian of the affected account(s) is required to obtain collateralization that meets state requirements to cover the amount exceeding the deposit insurance limit.
    6. Reports of investment transactions for all funds managed under the PFIA shall be prepared within 45 days of the end of each quarter and distributed to members of the Texas Parks and Wildlife Commission, the Executive Director and the Chief Financial Officer as required by Texas Government Code §2256.023.  These quarterly reports shall comply with state requirements for content.
    7. To the extent that the Texas Legislature modifies any provision of the PFIA that is applicable to TPWD’s funds, a report summarizing those legislative changes to the PFIA shall be prepared and distributed to members of the Texas Parks and Wildlife Commission, the Executive Director and the Chief Financial Officer within six months of the end of the legislative session in which such a change was made.

IV.       Review — The Texas Parks and Wildlife Commission shall review this policy at least annually.

            APPROVED this the 22nd day of August 2013.

In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this 22nd day of August 2013.

________________________________
T. Dan Friedkin, Chairman

________________________________
James H. Lee, Member

________________________________
Ralph H. Duggins, Vice-Chairman

________________________________
Margaret Martin, Member

________________________________
Antonio Falcon M.D., Member

________________________________
S. Reed Morian, Member

________________________________
Dan Allen Hughes, Jr., Member

________________________________
Dick Scott, Member

________________________________
Bill Jones, Member


Commission Agenda Item No. 2
Exhibit F

State Park Listing and Change Procedures for FY2014-15 Biennium

This list will serve as the starting point for calculating the performance measure "Number of State Parks in Operation" for the 2014-15 biennium.

The Department is authorized to adjust this list as needed throughout the 2014-15 biennium to reflect deletion, transfer or addition of sites to the park inventory.

This list will be updated and presented to the TPW Commission for approval before the start of each biennium (every two years).  Any adjustments made to this list during the 2014-15 biennium will be presented to the Commission as part of the next State Park listing (approval of the list for the 2016-17 biennium).

  Facility Name Acres County Facility Type
1 Abilene 438.05 Taylor State Park
2 Albert & Bessie Kronkosky 3,813.98 Bandera/Kendall State Natural Area
3 Atlanta 1,475.00 Cass State Park
4 Balmorhea 45.92 Reeves State Park
5 Bastrop 6,606.61 Bastrop State Park
6 Battleship Texas - Harris State Historic Site
7 Big Bend Ranch 309,202.58 Brewester/Presidio State Park
8 Big Spring 381.99 Howard State Park
9 Blanco 104.65 Blanco State Park
10 Bonham 261.00 Fannin State Park
11 Brazos Bend 4,975.04 Fort Bend State Park
12 Buescher 1,054.04 Bastrop State Park
13 Caddo Lake 484.18 Harrison State Park
14 Caprock Canyons & Trailway 15,279.34 Briscoe/Floyd/Hall State Park
15 Cedar Hill 1,810.57 Dallas State Park
16 Chinati Mountains 37,885.44 Presidio State Natural Area
17 Choke Canyon 3,786.00 Live Oak/McMullen State Park
18 Cleburne 528.77 Johnson State Park
19 Colorado Bend 5,316.08 Lampasas/San Saba State Park
20 Cooper Lake 3,026.00 Delta/Hopkins State Park
21 Copper Breaks 1,898.77 Hardeman State Park
22 Daingerfield 506.91 Morris State Park
23 Davis Hill 1,737.34 Liberty State Park
24 Davis Mountains 2,708.85 Jeff Davis State Park
25 Devil's River 37,628.21 Val Verde State Natural Area
26 Devil's Sinkhole 1,859.67 Edwards State Natural Area
27 Dinosaur Valley 1,587.38 Somervell State Park
28 Eisenhower 423.10 Grayson State Park
29 Enchanted Rock 1,643.50 Gillespie State Natural Area
30 Fairfield Lake 1,460.00 Freestone State Park
31 Falcon 572.60 Starr State Park
32 Fanthorp Inn 5.96 Grimes State Historic Site
33 Fort Boggy 1,847.00 Leon State Park
34 Fort Leaton 28.03 Presidio State Historic Site
35 Fort Parker 1,495.09 Limestone State Park
36 Fort Richardson 477.20 Jack State Park & Historic Site
37 Franklin Mountains 25,872.16 El Paso State Park
38 Galveston Island 2,011.63 Galveston State Park
39 Garner 2,320.08 Uvalde State Park
40 Goliad 188.30 Goliad State Park & Historic Site
41 Goose Island 408.53 Aransas State Park
42 Government Canyon 8,623.07 Bexar State Natural Area
43 Guadalupe River/Honey Creek 4,232.34 Comal/Kendall State Park
44 Hill Country 5,369.85 Bandera/Medina State Natural Area
45 Hueco Tanks 860.32 El Paso State Park & Historic Site
46 Huntsville 2,087.38 Walker State Park
47 Inks Lake 1,201.03 Burnet State Park
48 Kickapoo Cavern 6,368.36 Edwards/Kinney State Park
49 Lake Arrowhead 524.00 Clay State Park
50 Lake Bob Sandlin 639.78 Titus State Park
51 Lake Brownwood 488.42 Brown State Park
52 Lake Casa Blanca 371.00 Webb State Park
53 Lake Colorado City 500.00 Mitchell State Park
54 Lake Corpus Christi 14,155.99 San Patricio State Park
55 Lake Livingston 635.52 Polk State Park
56 Lake Mineral Wells & Trailway 3,269.06 Parker/Palo Pinto State Park
57 Lake Somerville SP 5,520.00 Burleson/Lee State Park
58 Lake Tawakoni 376.29 Hunt State Park
59 Lake Whitney 1,315.00 Hill State Park
60 Lipantitlan 5.00 Nueces State Historic Site
61 Lockhart 263.74 Caldwell State Park
62 Longhorn Caverns* 652.92 Burnet State Park
63 Lost Maples 2,904.08 Bandera/Real State Natural Area
64 Lyndon B. Johnson 717.94 Gillespie State Park & Historic Site
65 Martin Creek Lake 286.86 Rusk State Park
66 Martin Dies 705.00 Jasper/Tyler State Park
67 McKinney Falls 731.53 Travis State Park
68 Meridian 505.37 Bosque State Park
69 Mission Tejas 661.12 Houston State Park
70 Monahans Sandhills 3,840.00 Ward/Winkler State Park
71 Monument Hill/Kreische Brewery 40.40 Fayette State Historic Site
72 Mother Neff 399.54 Coryell State Park
73 Mustang Island 4,093.73 Nueces State Park
74 Old Tunnel 16.11 Kendall State Park
75 Palmetto 278.11 Gonzales State Park
76 Palo Duro Canyon 28,072.60 Armstrong/Randall State Park
77 Palo Pinto Mountains 3,333.07 Palo Pinto/Stephens State Park
78 Pedernales Falls 5,211.75 Blanco State Park
79 Port Isabel Lighthouse* 0.83 Cameron State Historic Site
80 Possum Kingdom 1,528.67 Palo Pinto State Park
81 Purtis Creek 1,584.71 Henderson/Van Zandt State Park
82 Ray Roberts Lake SP 5,538.00 Cooke/Denton/Grayson State Park
83 San Angelo SP 7,063.00 Tom Green State Park
84 San Jacinto Battleground & Monument 1,218.47 Harris State Historic Site
85 Sea Rim 4,141.09 Jefferson State Park
86 Seminole Canyon 2,172.52 Val Verde State Park & Historic Site
87 Sheldon Lake 2,667.48 Harris State Park
88 South Llano River SP 2,657.07 Kimble State Park
89 Stephen F. Austin 473.25 Austin state Park
90 Tyler 985.50 Smith State Park
91 Village Creek 2,465.59 Hardin State Park
92 Washington-on-the-Brazos 292.99 Washington State Historic Site
93 WBC/Bentsen-Rio Grande Valley 763.73 Hidalgo State Park
94 WBC/Estero Llano Grande 196.15 Hidalgo State Park
95 WBC/Resaca de la Palma 1,200.00 Cameron State Park
Total Acreage 627,360.86

*Not operated by TPW