Work Session

Wednesday, March 23, 2016
9:00 a.m.

Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road, Austin, TX  78744

T. Dan Friedkin, Commission Chair
Carter Smith, Executive Director

Approval of the Previous Minutes from the Work Session held January 20, 2016

    Land and Water Plan

  1. Update on TPWD Progress in Implementing the TPWD Land and Water Resources Conservation and Recreation Plan - Carter Smith
    • Internal Affairs Update
    • Catfish Management Plan
    • Oyster Area Openings and Closings Update
    • 2015 Texas Hunting Incident Report
    • National Volunteer Month
    • Promise to Children Award – Nancy Herron
    • Nonresident Disabled Veteran Super-Combo Sunset Date
  2. Financial

  3. Financial Overview – Mike Jensen Strategic Plan Update – Michael Goldsmith
  4. Internal Audit Update – Cindy Hancock
  5. Implementation of Legislation during the 84th Texas Legislative Session – Senate Bill 20 – State Agency Contracting - Recommended Adoption of Proposed Rules – Ann Bright, Tammy Dunham (Action Item No. 2)
  6. Natural Resources

  7. 2016-2017 Statewide Recreational and Commercial Fishing Proclamation - Recommended Adoption of Proposed Rules - Ken Kurzawski, Jeremy Leitz (Action Item No. 3)
  8. 2016-2017 Statewide Hunting Proclamation - Recommended Adoption of Proposed Rules – Alan Cain, Dave Morrison (Action Item No. 4)
  9. Chronic Wasting Disease Response Update and Rules - Request Permission to Publish Proposed Changes in the Texas Register – Clayton Wolf
    • Deer Breeder Permit (DBP) Rules
    • Deer Management Permit (DMP) Rules
    • Trap, Transport and Transplant Permit (TTT) Rules
    • Trap, Transport and Process Permit (TTP) Rules
    • Carcass Movement Restriction (CMR) Rules
    • Mandatory Hunter-Harvest Surveillance
  10. Land Conservation

  11. Approval of Conveyance of Land – Harris County – Approximately 10 Acres at Lake Houston Wilderness Park - Request Permission to begin the Public Notice and Input Process - Ted Hollingsworth
  12. Acceptance of Land Donation – Cameron County – Conservation Tracts near Boca Chica – Ted Hollingsworth (Action Item No. 6)
  13. Grant of Utility Easement – Brazoria County – Approximately 37 Acres at the Justin Hurst Wildlife Management Area – Ted Hollingsworth (Action Item No. 7)
  14. Request for Recreational Trail Easement – Tarrant County – Inland Fisheries District Office – Corky Kuhlmann (Action Item No. 8)

Work Session Item No. 1
Presenter: Carter Smith

Work Session
TPWD Land and Water Resources Conservation and Recreation Plan
March 23, 2016

I.       Executive Summary: Executive Director Carter Smith will briefly update the Commission on the status of the agency’s efforts to implement the Land and Water Resources Conservation and Recreation Plan (the “Plan”).

II.     Discussion: In 2001, the 77th Texas Legislature directed that the Texas Parks and Wildlife Department (TPWD) develop a Land and Water Resources Conservation and Recreation Plan (Tex. Park & Wildlife Code §11.104). In 2002, the Texas Parks and Wildlife Commission (the Commission) adopted the first Plan. A revised Plan was adopted by the Commission in January 2005. In November 2009, the Commission approved a new Plan, effective January 1, 2010, that included broad input from stakeholders and the general public.  Minor revisions continue to be made to the Plan. The 2015 version of the Plan is available on the TPWD web site. Executive Director Carter Smith will update the Commission on TPWD’s recent progress in achieving the Plan’s goals, objectives and deliverables.

The Plan consists of the following four goals:

  1. Practice, Encourage and Enable Science-based Stewardship of Natural and Cultural Resources
  2. Increase Access To and Participation In the Outdoors
  3. Educate, Inform and Engage Texas Citizens in Support of Conservation and Recreation
  4. ;Employ Efficient, Sustainable and Sound Business Practices

Work Session Item No. 2
Presenter: Mike Jensen
Michael Goldsmith

Work Session
Financial Overview and Strategic Plan Update
March 23, 2016

I.       Executive Summary: Staff will provide a financial overview of the Texas Parks and Wildlife Department (TPWD) and provide an update on the development of the Natural Agenda, the legislatively mandated agency Strategic Plan covering Fiscal Years (FY) 2017-2021.

II.     Discussion: Staff will update the Commission on revenue collected by TPWD for FY 2016 and summarize FY 2016 budget adjustments. Staff will also review and discuss the following items related to the strategic plan:

  • State strategic planning requirements;
  • TPWD’s development plan for the strategic plan (Natural Agenda);
  • Proposed budget structure and performance measure changes for the upcoming biennium; and
  • Key financial and legislative initiatives/issues that will be highlighted in the plan.

Work Session Item No. 3
Presenter: Cindy Hancock

Work Session
Internal Audit Update
March 23, 2016

I.       Executive Summary:  Staff will provide a status report on the Texas Parks and Wildlife Department (TPWD) Fiscal Year (FY)16 Internal Audit Plan and ongoing or completed external audits.

II.        Discussion:  Staff will present a status report on the TPWD FY16 Internal Audit Plan as well as external audits that have been completed or are ongoing.


Work Session Item No. 7
Presenter: Clayton Wolf

Chronic Wasting Disease Response Update and Rules
Request Permission to Publish Proposed Rules in the Texas Register
March 23, 2016

I.       Executive Summary: This item provides an update on events related to the discovery of chronic wasting disease (CWD) in deer breeding facility in Medina County in June 2015, and seeks permission to publish replacement rules in the Texas Register for required public notice and comment. The propose rules would address the following:

  • Deer Breeder Permit (DBP)
  • Deer Management Permit (DMP)
  • Trap, Transport and Transplant Permit (TTT)
  • Trap, Transport and Process Permit (TTP)
  • Carcass Movement Restriction (CMR)
  • Mandatory Hunter-Harvest Surveillance

II.        Discussion: Since the discovery of CWD in a deer breeding facility in Medina County on June 30, 2015, staff have provided briefings to apprise the Commission of CWD response efforts. CWD is a fatal neurodegenerative disorder that affects cervid species such as white-tailed deer, mule deer, elk, and others (susceptible species). It is classified as a transmissible spongiform encephalopathy, a family of diseases that includes scrapie (found in sheep) and bovine spongiform encephalopathy (BSE, found in cattle). TPWD has been concerned for over a decade about the possible emergence of CWD in wild and captive deer populations in Texas. TPWD closed the Texas border in 2005 to the entry of out-of-state captive white-tailed and mule deer and increased regulatory requirements regarding disease monitoring and recordkeeping.

Following the confirmation in June of 2015 that a two-year-old white-tailed deer held in a deer breeding facility in Medina County (“index facility”) had tested positive for CWD, TPWD engaged in a number of rulemakings intended to identify, isolate, and contain CWD.  The TPWD executive director adopted emergency breeder rules on August 18, 2015, which were extended on December 1, 2015, and were subsequently replaced by interim breeder rules approved by the Commission. In addition, on October 5, 2015, the executive director adopted emergency deer management permit (DMP) rules and trap, transport and transplant (Triple T) rules, which were extended on January 28, 2016.  The emergency DMP rules were replaced by interim rules approved by the Commission. The interim breeder and DMP rules have an expiration date of August 31, 2016.  The Triple T emergency rules expire April 1, 2016.

Throughout the process of developing and adopting the current rules, TPWD has repeatedly stated that based on additional information from the ongoing epidemiological investigation, disease surveillance data collected from captive and free ranging deer herds, guidance from the Texas Animal Health Commission, and input from stakeholder groups, TPWD intends to review the interim breeder rules, along with interim DMP rules  and the emergency Triple T rules following the close of the deer season and present the results of that review to the Commission.

To help facilitate the development of replacement rules, TPWD contracted with the University of Texas Center for Public Policy Dispute Resolution to facilitate a stakeholder process to develop replacement rules. Staff will brief the Commission on this process, the stakeholders involved, and the result of the stakeholder process, as well as a recommendation for proposed rules to replace the current CWD rules. Staff will request permission to publish the replacement CWD rules in the Texas Register for the required notice and comment period.

Additional details will be posted here when they become available.


Work Session Item No. 8
Presenter: Ted Hollingsworth

Work Session
Approval of Conveyance of Land – Harris County
Approximately 10 Acres at Lake Houston Wilderness Park
March 23, 2016

I.       Executive Summary: In 2006, the 4,920-acre Lake Houston State Park was transferred from the Texas Parks and Wildlife Department (TPWD) to the City of Houston (the City) for development and operation, and re-named Lake Houston Wilderness Park (park). TPWD retained authority to approve any transfers of park property. The City requests that TPWD authorize a transfer of land for highway right-of-way purposes.

II.     Discussion: In the 1980’s, TPWD acquired 4,920 acres of forest land straddling the Harris – Montgomery County Line and bordered by Peach Creek and the East Fork of the San Jacinto River. Blessed with pine and hardwood forests, creeks and swamps, Lake Houston State Park was open to the public, but very little development took place. In 2006, the City of Houston and Harris County, with more funding available for development, approached TPWD about transferring the site to the City in order that it might more fully realize its potential to meet the recreational needs of the region. The TPW Commission agreed to the transfer and the site was renamed Lake Houston Wilderness Park.

The transfer deed requires TPWD approval for any transfer of real property or property rights associated with the park. TPWD has previously worked closely with the City to ensure compliance with Chapter 26 of the Texas Park and Wildlife Code and appropriate compensation for a pipeline easement. Segment “H” of the Grand Parkway is in final planning stages and will run along the northern boundary of the park. TPWD and City staff have worked with the Grand Parkway Association (GPA), Texas Department of Transportation and the Federal Highway Administration for more than a dozen years on highway siting and development strategies that would minimize impacts to the park and provide safe public access. The final plan negotiated among the parties will necessitate the transfer of approximately ten acres of park land to the GPA for implementation.

III.    Recommendation:  Staff requests permission to begin the public notice and input process.

Attachments – 3

  1. Exhibit A – Location Map
  2. Exhibit B – Vicinity Map
  3. Exhibit C – Site Map

Work Session Item No. 8
Exhibit A

Location Map for Lake Houston Wilderness Park
Harris and Montgomery Counties

Location Map for Lake Houston Wilderness Park - Harris and Montgomery Counties


Work Session Item No. 8
Exhibit B

Vicinity Map for Lake Houston Wilderness Park – 20 Miles Northeast of Houston

Vicinity Map for Lake Houston Wilderness Park - 20 Miles Northeast of Houston


Work Session Item No. 8
Exhibit C

Site Map Showing Grand Parkway and Subject Land Transfer
Lake Houston Wilderness Park Outlined in Yellow
Grand Parkway Segment H Main Lanes in Black
Grand Parkway Segment H Feeder Road in Blue
Tracts Requested for Transfer in Red

Site Map Showing Grand Parkway and Subject Land Transfer