Commission Agenda Item No. 3
Exhibit A

ADVISORY COMMITTEE RULES
PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department (the department) proposes amendments to §§51.601, 51.606-51.611, 51.631, 51.671, and 51.672, concerning advisory committees. The proposed amendments would establish an expiration date of July 1, 2022 for the following existing advisory committees: White-tailed Deer Advisory Committee (WTDAC), Migratory Game Bird Advisory Committee (MGBAC), Upland Game Bird Advisory Committee (UGBAC), Private Lands Advisory Committee (PLAC), Bighorn Sheep Advisory Committee (BSAC), Wildlife Diversity Advisory Committee (WDAC), Freshwater Fisheries Advisory Committee (FFAC), State Parks Advisory Committee (SPAC), and Coastal Resources Advisory Committee (CRAC).  The proposed amendments also realign the terms of current advisory committee members to facilitate the beginning of new terms on July 1, 2018.

        Unless extended, these advisory committees will expire by rule on October 1, 2018.  The department believes that these advisory committees continue to perform a valuable service for the department.  Therefore, the department wishes to continue these advisory committees.

        Parks and Wildlife Code, §11.0162, authorizes the Chairman of the Texas Parks and Wildlife Commission (the Commission) to "appoint committees to advise the commission on issues under its jurisdiction." Government Code, Chapter 2110, requires that rules be adopted regarding each state agency advisory committee. Unless otherwise provided by specific statute, the rules must (1) state the purpose of the committee; (2) describe the manner in which the committee will report to the agency; and (3) establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute.

2. Fiscal Note.

        Ann Bright, Chief Operating Officer, has determined that for each of the first five years the amendments are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

3. Public Benefit/Cost Note.

        Ms. Bright 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 to ensure proper management and effective use of department advisory committees.

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

        (C) The department has determined that small or micro-businesses and rural communities will not be affected by the proposed rules. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

        (D) The department has not filed a local impact statement with the Texas Workforce Commission as required by the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

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

        (F) 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.

        (G) The department has determined that because the rule as proposed does not impose a cost on regulated persons, it is not necessary to repeal or amend any existing rule.

        (H) In compliance with the requirements of Government Code, §2001.0241, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:

                 (1) neither create nor eliminate a government program;

                 (2) not result in an increase or decrease in the number of full-time equivalent employee needs;

                 (3) not result in a need for additional General Revenue funding;

                 (4) not affect the amount of any fee;

                 (5) create a new regulation;

                 (6) not expand, limit, or repeal an existing regulation;

                 (7) neither increase nor decrease the number of individuals subject to regulation; and

                 (8) neither positively nor negatively affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposed rules may be submitted to Ann Bright, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8558; or ann.bright@tpwd.state.tx.us.

5. Statutory Authority.

        The amendments are proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §2110.005 and §2110.008.

        The proposed amendments affect Parks and Wildlife Code, §11.0162.

6. Rule Text.

        §51.601. General Requirements

                 (a) – (e) (No change.)

                 (f) Term of members. Unless expressly provided in this subchapter or other law, the term of advisory committee members shall be as follows:

                         (1) The term of [the] each member of an agency advisory committee who was appointed prior to January 1, 2018 will expire on July 1, 2018[serve a term of four years].

                         (2) The term of each member of an agency advisory committee member appointed on or after January 1, 2018 will expire July 1, 2022. [The terms may be staggered. Members’ terms will expire at the end of four years or upon the termination of the advisory committee, whichever is earlier. Members may be reappointed. Members serve at the will of the chairman and may be removed at any time by the chairman.]

                 (g) – (m) (No change.)

        §51.606. White-tailed Deer Advisory Committee (WTDAC).

                 (a) – (c) (No change.)

                 (d) The WTDAC shall expire on July 1, 2022[October 1, 2018].

        §51.607. Migratory Game Bird Advisory Committee (MGBAC).

                 (a) – (c) (No change.)

                 (d) The MGBAB shall expire on July 1, 2022[October 1, 2018].

        §51.608. Upland Game Bird Advisory Committee (UGBAC)

                 (a) – (c) (No change.)

                 (d) The UGBAC shall expire on July 1, 2022[October 1, 2018].

        §51.609. Private Lands Advisory Committee (PLAC).

                 (a) – (c) (No change.)

                 (d) The PLAC shall expire on July 1, 2022[October 1, 2018].

        §51.610. Bighorn Sheep Advisory Committee (BSAC).

                 (a) – (c) (No change.)

                 (d) The BSAC shall expire on July 1, 2022[October 1, 2018].

        §51.611. Wildlife Diversity Advisory Committee (WDAC).

                 (a) – (c) (No change.)

                 (d) The WDAC shall expire on July 1, 2022[October 1, 2018].

        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

        The amendment is proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §2110.005 and §2110.008.

        The proposed amendment affects Parks and Wildlife Code, §11.0162.

        §51.631. Freshwater Fisheries Advisory Committee (FFAC).

                 (a) – (c) (No change.)

                 (d) The FFAC shall expire on July 1, 2022[October 1, 2018].

        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

        The amendments are proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §2110.005 and §2110.008.

        The proposed amendments affect Parks and Wildlife Code, §11.0162.

        §51.671. State Parks Advisory Committee (SPAC).

                 (a) – (b) (No change.)

                 (c) The SPAC shall expire on July 1, 2022[October 1, 2018].

        §51.672. Coastal Resources Advisory Committee (CRAC)

                 (a) – (c) (No change.)

                (d) The CRAC shall expire on July 1, 2022[October 1, 2018].

        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