Commission Agenda Item No. 1
Presenter: James Murphy
Action
Rule Review
Recommended Adoption of Proposed Changes and Completed Rule Review
January 21, 2021
I. Executive Summary: With this item, the staff seeks adoption of proposed rulemaking resulting from the second stage of the quadrennial review of Texas Parks and Wildlife Department (TPWD) regulations required by the Administrative Procedure Act. The proposed rulemaking affects Title 31, Texas Administrative Code chapter 53 (Finance).
II. Discussion: Under Texas Government Code section 2001.039, a state agency is required to review each rule under its jurisdiction at least once every four years. The review must include an assessment of whether the reasons for initially adopting a rule continue to exist. Notice of the proposed review must be published in the Texas Register for public comment. Following the review, rules must be readopted, adopted with changes, or repealed, based on the review.
The TPWD rule review process is broken into three groups of chapters within the Texas Administrative Code (TAC) that contain the TPWD regulations. The process for each chapter occurs over three Texas Parks and Wildlife Commission (Commission) meetings. In the first meeting, the staff seeks permission to begin the rule review process and to publish notice of the rule review in the Texas Register. In the second meeting, the staff seeks permission to publish any proposed rule changes or repeals resulting from the rule review in the Texas Register for public comment. In the third meeting, the staff seeks adoption of proposed rule changes and adoption of the completed rule review (i.e., readoption of the remaining unchanged rules).
At the August 26, 2020, Work Session of the Commission, the staff received permission to publish Notice of Intent to Conduct Rule Review for chapter 53 (Finance); chapter 59 (Parks); and chapter 69 (Design and Construction). The proposed notice was published in the October 2, 2020, issue of the Texas Register (45 TexReg 7045). TPWD received no public comment regarding the proposed review.
The staff received permission to publish the proposed rules at the November 9, 2020 Work Session meeting. The proposed rules were published in the December 18, 2020 issue of the Texas Register (45 TexReg 9168, 9169, and 9170). A summary of public comment will be presented at the time of the meeting.
III. Recommendation: The staff recommends that the Commission adopt the proposed motions:
Motion one: “The Texas Parks and Wildlife Commission adopts an amendment to 31 TAC §§53.16, concerning Vessel, Motor, and Marine Licensing Fees; 53.60, concerning Stamps; and 53.100, concerning Bonded Title—Acceptable Situations, with changes as necessary to the proposed text as published in the December 18, 2020 issue of the Texas Register (45 TexReg 9168, 9169, 9170).”
Motion two: “The Texas Parks and Wildlife Commission adopts the completed rule review of 31 TAC Chapters 53, 59, and 69 as published in the October 2, 2020 issue of the Texas Register (45 TexReg 7045), finding that the original reasons for adopting the rules continue to exist, as required by Government Code, §2001.039, and authorizes the publication of a Notice of Adopted Rule Review to that effect in the Texas Register.”
Attachment – 1
Commission Agenda Item No. 1
Exhibit A
LEGISLATIVE RULES REVIEW
CHAPTER 53. FINANCE
SUBCHAPTER A – FEES
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes an amendment to 53.16, concerning Vessel, Motor, and Marine Licensing Fees. The proposed amendment would alter subsection (c) to eliminate an unnecessary word and clarify that a replacement marine dealer, manufacturer, or distributor’s card does not include a decal.
The proposed amendments are a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.
2. Fiscal Note.
Julie Aronow, Manager of Boat Titling, Registration and Marine Licensing, 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 the department as a result of administering or enforcing the rule.
3. Public Benefit/Cost Note.
Ms. Aronow also has determined that for each of the first five years that the rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be rules that accurately reflect agency products available to the public.
There will be no adverse economic effect on persons required to comply with the rule.
(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, micro-businesses, or rural communities. 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 and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule’s direct adverse economic impacts to determine if any further analysis is required. 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.
(C) The department has determined that proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
(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 Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
(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 rule.
(G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will not create or eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of an existing fee; not expand, limit, or repeal an existing regulation; not increase or decrease the number of individuals subject to regulation; and not positively or adversely affect the state’s economy.
4. Request for Public Comment.
Comments on the proposal may be submitted to Julie Aronow at (512) 389-4860, e-mail: julie.aronow@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.
5. Statutory Authority.
The amendment is proposed under the authority of Parks and Wildlife Code, §31.041, which authorizes the commission to establish rules concerning the issuance and price of validation cards; and §31.0412, which authorizes the commission to adopt rules regarding marine dealer, manufacturer, and distributor licenses.
The proposed amendment affects Government Code, Chapter 31.
6. Rule Text.
§53.16. Vessel, Motor, and Marine Licensing Fees.
(a) – (c) (No change.)
(d) Marine dealer/distributor/manufacturer fees:
(1) – (5) (No change.)
(6) replacement [card] marine dealer, manufacturer, or distributor’s licensee validation card [(with decal)] — $11.
(e) – (f) (No change.)
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
LEGISLATIVE RULES REVIEW
CHAPTER 53. FINANCE
SUBCHAPTER B – STAMPS
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §53.60, concerning Stamps. The amendment would eliminate the exemption from the upland bird stamp requirement for persons hunting under a nonresident spring turkey license and remove references to the collector’s edition stamp package. The exemption of nonresident spring turkey license holders from the upland game bird stamp requirement (and its precursor, the turkey stamp) has been in existence since at least the 1970s; however, department is unable to determine the original reason for the exemption. For that reason, and because there is no logical reason to continue the exemption, the department has concluded that the exemption should be eliminated.
In 2015 the department discontinued the sale of the collector’s edition stamp package because sales had declined to the point that the product was no longer fiscally defensible.
The proposed amendment is a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.
2. Fiscal Note.
Justin Halvorsen, Acting Director of the Financial Resources Division, has determined that for each of the first five years that the rule as proposed is in effect, there will be fiscal implications to the department as a result of administering or enforcing the rule. The department estimates that requiring nonresident spring turkey license holders to obtain an upland game bird stamp will result in a revenue increase of approximately $34,780 per fiscal year, which was derived by taking the average annual sales of that license over the last five years (4,968) and multiplying that value by $7, which is the fee for the upland game bird license.
There will be no fiscal implications for other units of state or local governments as a result of administering or enforcing the rule.
3. Public Benefit/Cost Note.
Mr. Halvorsen also has determined that for each of the first five years that the rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be the elimination of unnecessary regulations and rules that accurately reflect agency products available to the public.
There will be adverse economic effect on persons required to comply with the rule, namely to nonresidents who participate in spring turkey hunting, who will be required to purchase an upland game bird license at a fee of $7.
(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, micro-businesses, or rural communities. 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 and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule’s direct adverse economic impacts to determine if any further analysis is required. 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.
(C) The department has determined that proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
(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 Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
(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 rule.
(G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will not create a government program but will eliminate the collector’s edition stamp package; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of an existing fee; expand an existing regulation by requiring nonresident spring turkey hunters to obtain an upland game bird stamp, but will not otherwise limit or repeal an existing regulation; not increase or decrease the number of individuals subject to regulation; and not positively or adversely affect the state’s economy.
4. Request for Public Comment.
Comments on the proposal may be submitted to Robert Macdonald at (512) 389-4775, e-mail: robert.macdonald@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.
5. Statutory Authority.
The amendment is proposed under the authority of Parks and Wildlife Code, §11.056, which authorizes the department to issue editions of wildlife stamps; §43.202, which authorizes the department to issue other editions of the archery stamp that are not valid for hunting; §43.403, which authorizes the department to issue other editions of the saltwater sportfishing stamp that are not valid for fishing; §43.652, which authorizes the commission to exempt a person or class of persons from the stamp requirements of Parks and Wildlife Code, Chapter 43, Subchapter S; §43.654, which authorizes the department to issue and sell a collector’s edition of the migratory or upland game bird stamps; and §43.804, which authorizes the department to issue a collectible freshwater fishing stamp.
The proposed amendment affects Parks and Wildlife Code, Chapters 11 and 43.
6. Rule Text.
§53.60. Stamps.
(a) – (b) (No change.)
(c) Stamp Exemptions.
(1) (No change.)
[(2) All nonresident spring turkey hunting license holders are exempt from requirements for acquisition and possession of the upland game bird stamp.]
(2)[(3)] Youth license holders and lifetime resident hunting license holders are exempt from requirements for acquisition and possession of the following stamps:
(A) – (C) (No change.)
(3)[(4)] All lifetime resident combination hunting and fishing license holders are exempt from requirements for acquisition and possession of the following stamps:
(A) – (E) (No change.)
(4)[(5)] All lifetime resident fishing license holders are exempt from requirements for acquisition and possession of the following stamps;
(A) – (B) (No change.)
(5)[(6)] All persons meeting the definition of a qualified disabled veteran under the provisions of Parks and Wildlife Code, §42.012(c), are exempt from the fees for the following stamps:
(A) – (E) (No change.)
(6)[(7)] All Texas residents on active duty in the armed forces of the United States (including members of the Reserves and National Guard on active duty) are exempt from the fees for the following stamps:
(A) - (E) (No change.)
(7)[(8)] Special fishing license holders are exempt from the requirements for acquisition and possession of the following stamps:
(A) – (B) (No change.)
(8)[(9)] All one-day all-water fishing license holders are exempt from requirements for acquisition and possession of the following stamps:
(A) – (B) (No change.)
(d) (No change.)
[(e) Collector’s edition stamp package.]
[(1) A collector’s edition stamp package shall consist of one each of the following stamps:]
[(A) migratory game bird stamp;]
[(B) upland game bird stamp;]
[(C) nongame stamp;]
[(D) archery stamp;]
[(E) saltwater sportfishing stamp; and]
[(F) freshwater fishing stamp.]
[(2) Stamps in the package are not valid for hunting or fishing.]
[(3) Fee for the package shall be $10 wholesale price and $20 retail price plus applicable sales tax.]
(e)[(f)] In addition to the freshwater fishing stamp, the department may make available a collectible freshwater habitat stamp for a fee of $5.
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
LEGISLATIVE RULES REVIEW
CHAPTER 53. FINANCE
SUBCHAPTER F – BONDED TITLE FOR VESSELS/OUTBOARD MOTORS
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes an amendment to 53.100, concerning Bonded Title—Acceptable Situations. The proposed amendment would correct an inaccurate internal reference.
The proposed amendment is a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.
2. Fiscal Note.
Julie Aronow, Manager of Boat Titling, Registration and Marine Licensing, 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 the department as a result of administering or enforcing the rule.
3. Public Benefit/Cost Note.
Ms. Aronow also has determined that for each of the first five years that the rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be accurate rules.
There will be no adverse economic effect on persons required to comply with the rule.
(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, micro-businesses, or rural communities. 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 and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule’s direct adverse economic impacts to determine if any further analysis is required. 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.
(C) The department has determined that proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
(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 Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
(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 rule.
(G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will not create or eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of an existing fee; not expand, limit, or repeal an existing regulation; not increase or decrease the number of individuals subject to regulation; and not positively or adversely affect the state’s economy.
4. Request for Public Comment.
Comments on the proposal may be submitted to Julie Aronow at (512) 389-4860, e-mail: julie.aronow@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.
5. Statutory Authority.
The amendment is proposed under the authority of Parks and Wildlife Code, §31.0465, which authorizes the department by rule to define acceptable situations in which certificates of title may be issued after the filing of a bond.
The proposed amendments affect Parks and Wildlife Code, Chapter 31.
6. Rule Text.
§53.100. Bonded Title—Acceptable Situations.
(a) – (b) (No change.)
(c) The department shall not under any circumstances issue a bonded title if the applicant does not have any proof of payment, ownership transfer or other related documentation to support a claim of ownership, unless the vessel or outboard motor is determined to be abandoned, as defined by Parks and Wildlife Code, §31.003[(17)].
(d) (No change.)
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