Commission Agenda Item No. 4
Exhibit A

TEXAS RESIDENT ACTIVE DUTY HUNTING AND FISHING LICENSES
PROPOSAL PREAMBLE

1. Introduction.
         The Texas Parks and Wildlife Department proposes amendments to §53.5, concerning Recreational Hunting Licenses, Stamps, and Tags, and §53.6, concerning Recreational Fishing Licenses, Stamps, and Tags. The proposed amendments would establish a Texas Resident Active Duty Military Hunting License and a Texas Resident Active Duty Military “All Water” Fishing License (in addition to the current Texas Resident Active Duty Military Super Combination and “All Water” license package).

         Parks and Wildlife Code, §42.012(b), requires the Texas Parks and Wildlife Commission (Commission) to “waive the [hunting license] fee for . . . a resident on active duty as a member of the United States military forces, the Texas Army National Guard, the Texas Air National Guard or the Texas State Guard.”  Similarly, §46.004(c) of the Parks and Wildlife Code requires the Commission to “waive the [fishing license] fee for . . . a resident on active duty as a member of the United States military, forces, the Texas Army National Guard, the Texas Air National Guard or the Texas State Guard.” After these sections were enacted in 2005, the Commission created the Texas Resident Active Duty Military Super Combination and “All Water” license package for ease of administration.  See, 31 TAC §53.3(a)(11); HB 1076 (2005); 30 TexReg 6764 (October 14, 2005).

         The department recently encountered a problematic circumstance in which a Texas resident on active duty who had previously purchased a lifetime hunting license wished to obtain a Texas Resident Active Duty Military Super Combination and “All Water” license package. However, Parks and Wildlife Code, §42.022, prohibits the possession of more than one hunting license at a time. Although the department can employ a technical workaround to address such issues, the preferred solution is to create a Texas Resident Active Duty Military Hunting License and a Texas Resident Active Duty Military “All Water” Fishing License.

2. Fiscal Note.

         Michael Hobson, Director of Licensing, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state government as a result of enforcing or administering the proposed rule amendments. Although there is a cost to the department of $.76 per license for issuing a license via the department’s automated license system , the cost is the same as the cost for issuing the current Texas Resident Active Duty Military Super Combination and “All Water” license package. Any person who qualifies for the licenses addressed in this rule making would also be eligible for the Texas Resident Active Duty Military Super Combination and “All Water” license package. As a result, there should be no cost above the current cost for issuing the Texas Resident Active Duty Military Super Combination and “All Water” license package.  In addition, since both of the licenses addressed by the amendments are legislatively mandated, any costs to the department would be the result of the legislation rather than the rulemaking.  Nevertheless, the department has determined that the circumstance addressed by the proposed amendments address will occur very rarely. On that basis, the department estimates any fiscal impact would be less than $5 per year.

         There will be no fiscal implications to other units of state or local government.

3. Public Benefit/Cost Note.

         Mr. Hobson also has determined that for each of the first five years the rules as proposed are in effect:
         (A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be ability of resident active-duty military personnel to hunt and fish.

         (B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, commission considers “direct economic impact” to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services.

         The department has determined that there will be no adverse economic effects on small businesses, microbusinesses, or persons required to comply with the rules as proposed. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

         (C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

         (D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

         (E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

4. Request for Public Comment.