Commission Agenda Item No. 5
Presenter: Justin Halvorsen

Action
Implementation of Legislation during the 84th Texas Legislative Session – House Bill 721- Relating to Hunting and Fishing License Waiver for Certain Disabled Veteran
November 5, 2015

I.       Executive Summary: This item proposes an amendment to Texas Administrative Code (TAC) §53.3 (b) concerning the definition of “disabled veteran” for the purpose of qualifying for a disabled veteran license.

II.     Discussion: House Bill 721 (84th Legislature) changed the statutory definition of “disabled veteran” to decrease the minimum disability rating from 60 percent to 50 percent. The proposed amendment to TAC §53.3 would remove the current language describing the exact disability percentage and replace it with a reference to the statute in which the standard is articulated (Texas Parks and Wildlife Code §42.012).

The proposed rules appeared in the October 2, 2015, issue of the Texas Register. A summary of public comment on the proposed rules will be presented at the time of the hearing.

III.    Recommendation: The staff recommends the Texas Parks and Wildlife Commission adopt the following motion:

The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §53.3 concerning Combination Hunting and Fishing License Package, with changes as necessary to the proposed text (located at Exhibit A) as published in the October 2, 2015 issue of the Texas Register at 40 Tex.Reg. 6855).

Attachments – 1

  1. Exhibit A – Proposed Rule

Commission Agenda Item No. 5
Exhibit A

RULES REQUIRED OR AUTHORIZED BY LEGISLATIVE ACTION

HOUSE BILL 721 — DISABLE VETERANS

PROPOSAL PREAMBLE

1. Introduction.

         The Texas Parks and Wildlife Department proposes an amendment to §53.3, concerning Combination Hunting and Fishing License Packages. Under Parks and Wildlife Code, §42.012, the Texas Parks and Wildlife Commission (Commission) is required to waive the hunting license fee for a qualified disabled veteran, defined as “a veteran with a service connected disability, as defined by the Veteran’s Administration, consisting of the loss of the use of a lower extremity or of a disability rating of 50 percent or more and who is receiving compensation from the Unites States for the disability.” Under Parks and Wildlife Code, §46.004, the commission is required to waive fishing license fees for a qualified disabled veteran as defined by Parks and Wildlife Code, §42.012. Under Parks and Wildlife Code, §50.001, the commission is required to establish fees for combination hunting and fishing licenses.

         The proposed amendment would remove the current language describing the exact nature of the disability that qualifies a person to obtain a disabled veterans license and replaces it with a reference to the statute in which the standard is articulated. House Bill 721, enacted by the most recent session of the legislature, altered the statutory definition to decrease the minimum disability rating (from 60 percent to 50 percent) required to qualify to obtain a disabled veteran’s license. Rather than amend the current rule to update the definition, the proposed amendment would cite the statutory reference. House Bill 721 also replaced the outdated term “Veteran’s Administration” with the updated name of that agency, the United States Department of Veterans Affairs.”

2. Fiscal Note.

         Justin Halvorsen, Revenue Director, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the rule.

3. Public Benefit/Cost Note.

         Mr. Halvorsen also has determined that for each of the first five years the rule as proposed is in effect:

         (A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be accurate regulations.

         (B) There will be no adverse economic effect on persons required to comply with the rule as proposed.

         (C) 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, the department 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 or microbusinesses because the proposed rule will not directly affect small businesses or micro-businesses.  Therefore, the department has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.

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

         (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 rule.

4. Request for Public Comment.

         Comments on the proposed rule may be submitted to Justin Halvorsen,  Texas Parks and Wildlife Department 4200 Smith School Road, Austin, Texas, 78744; (512) 389-8551 (e-mail: justin.halvorsen@tpwd.texas.gov) or via the department website at http://tpwd.texas.gov/business/feedback/public_comment/.

5. Statutory Authority.

         The amendment is proposed under the authority House Bill 721, 84th Texas Legislature, 2015, Regular Session, which amended Parks and Wildlife Code, §42.012, to provide that a qualified disabled veteran is a veteran with a service connected disability, as defined by the United States Department of Veteran’s Affairs, consisting of the loss of the use of a lower extremity or of a disability rating of 50 percent or more and who is receiving compensation from the Unites States for the disability; §46.004, which requires the commission to waive fishing license fees for a qualified disabled veteran as defined by Parks and Wildlife Code, §42.012; and §50.001, which requires the commission to establish fees for combination hunting and fishing licenses.

         The proposed amendment affects Parks and Wildlife Code, Chapters 42, 46, and 50.

6. Text

         §53.3. Combination Hunting and Fishing License Packages.

                 (a) (No change.)

                 (b) For purposes of this section, a "disabled veteran" is a veteran meeting the requirements of Parks and Wildlife Code, §42.012(c)[with a service connected disability, as defined by the Veterans’ Administration, consisting of the loss of the use of a lower extremity or of a disability rating of 60 percent or more and who is receiving compensation of the United States for the disability].

         This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.

         Issued in Austin, Texas, on