TPW Commission

Commission Meeting, August 27, 2020

Transcript

TPW Commission Meetings

CHAIRMAN MORIAN: Good morning, everyone. Before we begin, I'm going to take the roll call and I will today on all these motions, I'll -- I will go ahead and follow legal advice and even though you may have made the motion, I'll ask you to restate your position.

So we'll start I'm present.

Vice-Chairman Aplin?

VICE-CHAIRMAN APLIN, III: Present.

CHAIRMAN MORIAN: Commissioner Abell?

COMMISSIONER ABELL: Present.

CHAIRMAN MORIAN: Commissioner Bell?

COMMISSIONER BELL: Present.

CHAIRMAN MORIAN: Commissioner Galo?

COMMISSIONER GALO: Present.

CHAIRMAN MORIAN: Commissioner Hildebrand?

COMMISSIONER HILDEBRAND: Present.

CHAIRMAN MORIAN: Commissioner Latimer?

COMMISSIONER LATIMER: Present.

CHAIRMAN MORIAN: Commissioner Patton?

COMMISSIONER PATTON, JR.: Present.

CHAIRMAN MORIAN: And Commissioner Scott?

COMMISSIONER SCOTT: Present.

CHAIRMAN MORIAN: Well, again, welcome everybody. And with that, I'll ask Carter to call the meeting to order at 9:40, August 27th, and ask Mr. Smith to make his announcement.

MR. SMITH: Great. Thank you, Mr. Chairman, Commissioners.

A public notice of this meeting containing all items on the proposed agenda has been filed in the Office of the Secretary of State as required by Chapter 551 Government Code, referred to as the Open Meetings Act.

Mr. Chairman, I'd like for this fact to be noted in the official record of the meeting. Thank you.

CHAIRMAN MORIAN: Thank you, Carter.

Again, Commissioners, I just want to remind everyone -- remind you to announce your name before you speak.

First item is the approval of the minutes from the Commission Meeting held May 21st, 2020, which have been distributed. Is there a motion for approval?

Commissioner Scott.

Do I have a second?

COMMISSIONER ABELL: Commissioner Abell second.

CHAIRMAN MORIAN: Commissioner Abell.

I vote yes.

VICE-CHAIRMAN APLIN, III: Yes, Aplin.

COMMISSIONER ABELL: Yes, Abell.

COMMISSIONER BELL: Yes, Bell.

COMMISSIONER GALO: Yes, Galo.

COMMISSIONER HILDEBRAND: Yes, Hildebrand.

COMMISSIONER LATIMER: Yes, Latimer.

COMMISSIONER PATTON, JR.: Yes, Patton.

CHAIRMAN MORIAN: Scott?

COMMISSIONER SCOTT: Yes, Scott.

CHAIRMAN MORIAN: Are there any opposed?

Hearing none, motion carries.

Next is the acknowledgment of the list of donations. I would like a motion for approval?

COMMISSIONER LATIMER: Latimer so moves.

CHAIRMAN MORIAN: Latimer. Seconded by Commissioner Scott.

Again, I'm going to call the roll.

I vote yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: Any -- are there any opposed?

Hearing none, motion carries. Thank you. Indulging the formality there.

Next is the consideration of contracts, which have also been distributed. Is there a motion for approval?

COMMISSIONER HILDEBRAND: Hildebrand moved.

CHAIRMAN MORIAN: Thank you, Commissioner Hildebrand. Seconded by Commissioner Scott.

Again, we'll go down the roll call.

I vote aye -- aye.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: Must be none opposed. So hearing none, I will move that the motion carries.

Action Item No. 1, Temporary Commission Meeting Policy Regarding Meeting Procedures. We're going to be briefed by Ms. Bradsby.

MS. BRADSBY: Yes. Good morning, Commissioners, Mr. Smith. For the record, I'm Colette Barron Bradsby, the interim General Counsel.

Next slide, please?

The COVID-19 pandemic has prompted changes in the way that governments and business operate. In March of this year, Governor Abbott issued a disaster declaration and also waived portions of the Texas Open Meetings Act to allow governmental entities to conduct open meetings in a safe manner so as to minimize the risk of disease transmission. The waivers address concerns related to in-person gatherings at government meetings, but also provide the means to maintain required government transparency.

Next slide, please?

Under the waivers, the Texas Parks and Wildlife Commission may hold meetings by teleconference or video conference and they alter the methods for public participation.

Next slide, please?

Staff believes it is prudent for Commission policy to reflect the COVID altered Open Meeting requirements and, therefore, as in the May Commission Meeting, staff proposes changes to Commission Policy CP-001, provisions regarding meetings. These changes relate to in-person public comment and document submission.

Rather than having to adopt these temporary measures -- excuse me, these temporary policy changes at each Commission Meeting, staff proposes to allow the temporary measures to remain in effect until rescinded by the Commission.

Next slide, please?

The proposed changes to the conduct of meetings are identical to those adopted by the Commission at its May meeting. No paper comments accepted at today's meeting, but online comments are accepted and encouraged. Parks and Wildlife implements an advanced registration and call-in process for oral public comments. Speakers must identify themselves before speaking. Members of the public must be able to hear the meeting and be able to address the Commission on action items. Regular rules of conduct and decorum remain in place. The meeting is recorded and archived and if technical issues arise, the meeting may be recessed to fix those issues.

Next slide, please?

No public comments were received on this item. Staff recommends the Commission adopt the following motion: The Parks and Wildlife -- Texas Parks and Wildlife Commission adopts temporary revisions to Commission Policy CP-001 rules for public participation in Commission Meetings as published on the Texas Parks and Wildlife Department website on August 14th, 2020.

Next slide, please?

I don't believe we had anybody signed up for oral public comment on this matter. So that concludes my presentation. I'm available for any questions.

CHAIRMAN MORIAN: Thank you very much.

Are there any questions?

COMMISSIONER SCOTT: I -- excuse me. I have one question.

CHAIRMAN MORIAN: Yes, sir. Yes.

COMMISSIONER SCOTT: I thought about it last night, as a matter of fact. About 3:00 this morning. If people are not computer savvy like me, how do we make sure that we meet the needs of all Texans to be able to communicate, either pro or con or just to give their opinion, how do we address those people to make sure that they are being represented, you know, of their opinion?

MS. BRADSBY: Sure. Well, first of all, we have advanced notice of all the items that are under consideration by this Commission and there are multiple opportunities. Pardon me.

COMMISSIONER SCOTT: And pardon -- pardon me. That brings up my second point. So do we need to change the amount of lead time that we put out our public notices and everything? Do we need to perhaps do it a little more in advance to give people the opportunity, you know, to see it? Because, yes, I do get all that and I do catch up quickly on points; but perhaps an older person can't or doesn't have access to all the media and everything, but has an opinion. So that's my two concerns.

MS. BRADSBY: I understand. Whether you have your meetings in person or by teleconference or video conference, all that notice is provided pursuant to Texas law and we actually at Parks and Wildlife exceed that notice, that minimum notice requirement, by the posting of our materials on the website. I understand that not everyone is going to look at the website; but we do publish our materials, also the notices, on the Texas Register.

For meetings like today, we have that teleconference option where someone may join us by telephone line versus a video link or a link on a website. So we offer as many avenues as possible to make these meetings available to the public and, again, we have to maintain that two-way level of communication on action items where the public can hear you and you can hear the public and we will, of course, record and archive these meetings so even if you weren't able to attend in person, online, by phone, we do maintain that record and, of course, we can receive comment by mail. There are many other functions.

So I think we've done as much as we can. Will it reach every single person who might have an interest in our meetings? We have all those resources. That's all we have, but I think they're more than sufficient.

CHAIRMAN MORIAN: Thank you, Commissioner Scott.

Does anybody else have any questions? Any -- there's no one signed up to speak. So I'll need a motion for approval.

COMMISSIONER GALO: So moved Commissioner Galo.

CHAIRMAN MORIAN: Thank you, Commissioner Galo. Do I have a --

COMMISSIONER BELL: Second Commissioner Bell.

CHAIRMAN MORIAN: Thank you, Commissioner Bell.

Again, we'll run through.

I'm a yes.

Vice-Chairman?

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

CHAIRMAN MORIAN: Commissioner Scott?

COMMISSIONER SCOTT: Yes. I'm sorry.

CHAIRMAN MORIAN: Thank you.

All right. Hearing no opposition, the motion carries.

Action Item No. 2, Financial Overview, Justin Halvorsen, Fiscal Year 2021 Operating and Capital Budget Approval, Budget Investment Policy Resolutions. Justin, please make your presentation. Welcome.

MR. HALVORSEN: Thank you. And good morning, Mr. Chairman and Commissioners. For the record, I'm Justin Halvorsen, the interim Director of Financial Resources, here to present the fiscal 2021 financial overview.

Next slide, please?

This first slide is just a summary of what I'm going to be talking about. The first bullet with respect to the fiscal '21 operating and capital budget, I'll be providing a crosswalk from the 86th General Appropriation Act to the operating and capital budget, our total budget. I've got a few slides talking about the 2021 operating budget. One slide each on the full-time equivalence and the 2021 capital budget. Those three items are reflected in your notebooks in Exhibits A and B. I'll also touch base on the 2021 5 percent reduction that Carter touched on yesterday.

Moving on to the next bullet, I'll talk about the budget and investment policies. And finally, the deposit options for 15 percent of boat fees. And there will be one final slide that's not on here that will be the proposed motion for consideration.

Next slide, please?

Next slide.

Okay. So we're going to start off with a crosswalk from the General Appropriations Act to the fiscal 2021 operating and capital budget. So this is our total budget. So that first line, the General Appropriations Act Article 6 is where Parks and Wildlife is located with a total 2021 budget of 370.51 million. There's an additional estimated fringe benefit of 74.10 million, for a total 2021 budget of 444.61 million. That amount right there is what we are proposing as the adoption for the starting point of our 2021 budget.

As with all years, this budget is just a starting point. It's very dynamic and adjustments are constantly being made as new transactions occur or new information is available. For example, we have a rider that allows us to move forward available funds from fiscal year '20 to fiscal year '21. This is even more pronounced this year as the 5 percent reductions of $15 million are still embedded in these figures, as Carter noted yesterday.

Next slide, please, Andra?

Okay. So this slide looks at the total budget, the operating and capital budget, by what we call method of finance. So the largest piece of the pie you can see of general revenue at 171.87 million. 85 percent of that is in sporting goods sales tax. About 14 percent of that is in a fund called the unclaimed refund of motor boat fuel tax. That's about 14 percent of that general revenue. And only about 1 percent is in what we call pure general revenue.

Moving counterclockwise, Account Fund 64 is the State Park Account at 60.45 million. Again, moving counterclockwise, Fund 9 is the Game, Fish, and Water Safety Account at 136.43 million. The federal funds pie at just over 70 million, about 75 percent of that is in two federal apportionments: Wildlife restoration and sport fish.

Next slide, please?

So this is looking at our budget by kind of flavors, what we call object of expense. This is reflected in Exhibit B of your notebooks. That's page 317. I do want to mention that the pie chart that I had just mentioned, that's on page 315 of your book.

Okay. So these lines that you see here, these five lines, those are actually reflected in columns in your Exhibit B. So you can see that salary, other personnel, and fringe benefits, those constitute just under 60 percent of our budget. The operating and capital of 23 percent and 15 percent, that's just under 40 percent of our budget. And then the grants rounded out at 5 percent. Again, we're looking at the total starting budget of 444.61.

Next slide, please?

Okay. This is how our budget breaks out by division. In the interest of time, I'm not going to read every single one of these.

Andra, next slide, please?

You can see that first column ties out to the 444.61 and I also will point out that the FTE there of 3,222.9, that is over the FTE -- sorry, the General Appropriations Act FTE cap of 3,169.2. That's about 53 over the cap. I'll get to that in just a second. But, again, just to note that these are budgeted FTEs, not necessarily FTEs as represented in the GAA.

Next slide, please?

Okay. Speaking of FTEs, you can see in the column to the right on fiscal '21, we pre-budget FTEs. So we know that there's going to be lapse. We know that there are going to be retirements throughout the year and any time that there's a vacancy, then that doesn't actually count against the cap during the period of that vacancy. So that allows us to pre-budget some FTEs, knowing that some of those FTEs won't actually materialize because of people retiring, leaving the Agency, and so on. So we manage this. We report on it, and so this is just something that we manage throughout the year. The FTE cap traditionally has not been a concern for this Agency.

Next slide, please?

Okay. We have a division in our Agency known as "Department-wide." There are no salaries. This is just a clearinghouse for certain items. This is operated by the Financial Resources staff on a day-to-day basis; but ultimately, this Department reports to the Executive Director and the Chief Operating Officer. Again, this is just a clearinghouse for certain Agency items. I'll kind of go through these with you.

The first line, the estimated federal apportionment at just over 18 million, that's just a holding pot for estimated apportionment. Once we get the actual federal apportionment in the spring, then this number is going to be trued up and passed out to the divisions. The next line, the payments to license agents, county tax offices, and license vendor, this is actually broken out into two things. So that payments to license agents and county tax offices, this represents the -- for our license agents, the sporting goods stores, the mom-and-pop tackle shop, when they sell our licenses, they get a small cut of every one of these licenses. In addition to that, the county tax offices that process some of our boat registration and titling transactions, they also get a cut of that. So that's the first part of that. And then the second part of that, the license vendor, that goes to our third-party vendor under contract who supports the actual hunting and fishing license system.

Moving on to the third item, the transfer to the Battleship Texas Foundation. That $2 million represents a combination of operating funds and emergency capital funds that will be transferred to the Battleship Texas Foundation at some point this year. The next item, CAPPS financials, the Agency is in the process of moving to a new accounting system that's supported by the Comptroller's Office. That new accounting system is actually starting in just a few days on September 1st. So this is an appropriation that we got to help support the development of that system. This goes to staff training, travel, all those kind of things associated with building out a new system.

The next item, strategic reserve, this is just a holding pot so that the Executive Director and the Chief Operating Officer can do what they need to. And the final item, the pass-through plates, those are the designer plates that are for the nonprofits, which TPWD is a sponsor; but we have a fiduciary responsibility to collect the funds for those plates and pass them out to the nonprofit. Those specific plates are the Big Bend, marine conservation, marine mammal, quail, Lions Club, and the ocelot.

Next slide, please, Andra?

Okay. Looking at the capital budget by category. Again, this 66.73, this ties out exactly to our General Appropriation Act in Rider 2. I'm just going to point out a few things with this. The 46 million that's in construction and major repairs, that's all in sporting goods sales tax. The next item, the parks minor repair, this is for projects that are under $100,000, almost exclusively in Fund 64.

Moving down to the very final item, the CAPPS financials, that ties out exactly with the previous slide on Department-wide. That's actually all in general revenue, as well as the transportation items and capital equipment. There's a small amount of general revenue in both of those for Law Enforcement. Outside of that, most of the rest of those items are funded fairly evenly distributed between Fund 9 and Fund 64.

Next slide, please?

Okay. Now, moving on to the 2021 5 percent reduction of $15 million. You can see that just under $12 million or 80 percent of that is in sporting goods sales tax. Again, I'm going to move counterclockwise. Just over a million dollars is in the State Parks Account Fund 64 and just under $2 million is in the Game, Fish, and Water Safety Fund 9.

Next slide, please?

So this slide looks at that 5 percent reduction by object of expense. You can see that the salaries, other personnel costs, and operating, that represents about 20 percent of it, grants at 6 million represents 40 percent, capital construction at just under 40 percent.

Next slide, please?

Okay. Moving on to a couple housekeeping items, the budget and the investment policy. Starting with the budget policy, this is found in your Exhibit C, on page 319 of your notebooks. There are no changes with this policy. This is a policy on how the Agency manages the budget. The Commission authorizes the TPWD Executive Director to execute the Department's budget. There are three items that I will highlight.

The first one, the budget adjustments greater than 250,000 for funds other than federal bonds, require prior approval by the Commission Chair, Vice-Chair, or a Commissioner designee. Donations or gifts exceeding $500 must be accepted by the Chair, Vice-Chair, or Commissioner designee. And the Commission Meeting, there must be an acceptance of donations, must be acknowledged at each Commission Meeting, which we obviously did just a few minutes ago.

The final point here is the Commission fund dedication, that all funds are authorized for any use permitted by statute or rule. Again, there have been no changes here. There haven't been any changes on this policy for a number of years.

Okay. Next slide, please?

Okay. The next policy that we're going to talk about is the investment policy. This is page 323. The Public Funds Investment Act, the PFIA, requires an investment policy and an annual review by the governing body of State agencies depositing and investing funds outside of the Treasury. PFIA requirements are not applicable when funds are deposited to the Treasury. At present, all of TPWD funds are deposited in the Treasury. We are statutorily required for almost all of our funds to deposit them into the Treasury. One notable exception is the Lifetime License Account. Again, our recommendation is to continue to deposit those into the Treasury.

If in the event that we decide not to, then the Executive Director will identify and appoint a TPWD investment officer, basically a fund manager, again, in the event that funds are ever deposited outside of the Treasury. Once again, our recommendation is to keep those funds deposited in the Treasury. That would be no changes and there have been no changes on this for a number of years, as well.

Next slide, please?

Okay. Deposit options for 15 percent of boat related fees and when we say "boat fees," I'm specifically talking about registration, title, and retained sales tax. From about 2017 and prior, about 15 percent of all boat related fees were transferred on a monthly basis from Fund 9 into Fund 64. HB 448 from the 85th Legislature was -- modified that to make it permissive. In other words, the Department may transfer as opposed to the Department shall transfer and the purpose of this was to provide additional flexibility and managing cash fund balances between Fund 9 and Fund 64.

At present, Fund 9 is strong and Fund 9 is acceptable; but Fund 64 does merit careful attention. So the recommendation is that we continue with not doing the transfer from Fund 9 to Fund 64, but we are going to carefully monitor that and staff will notify the Commission should modifications become necessary.

Next slide, please?

All right. And the recommendation, staff recommends that the Texas Parks and Wildlife Commission adopt the following proposed motion: The Executive Director is authorized to expend funds to operate the Texas Parks and Wildlife Department in accordance with the proposed FY 2021 operating and capital budget, Exhibits A and B; the budget policy, Exhibit C; and the investment policy, Exhibit D. The Commission concurs with retaining 100 percent of all boat registration, title, and sales tax revenue collected in Fund 9 to begin fiscal year 2021. However, staff will carefully monitor fund balances and if conditions warrant, notify the Commission should modifications become necessary in the fiscal year.

Next slide.

And that concludes my presentation. I'm happy to answer any questions you might have.

CHAIRMAN MORIAN: Thank you very much.

Any questions or discussion from the Commission?

Hearing none, I will now ask those people that have signed up to speak. Our first -- we have one speaker, Kris Killian. Are -- is he -- how do we -- he's not logged in?

Well, if he calls in, we'll go back; but, otherwise, we're going to move on.

In that case, is there a motion for approval regarding the executive director authorization to expend funds to operate the Texas Parks and Wildlife Department in accordance with proposed fiscal year 2021 operating and capital budget, Exhibits A and B; the budget policy, Exhibit C; and the investment policy, Investment D? I'd like to motion.

COMMISSIONER LATIMER: Should we table this motion -- this is Commissioner Latimer. Should we table the motion until he can call in if he does want to make a comment on this, Colette?

MS. BRADSBY: It's really your choice, Commissioners. We have the opportunity. The person had a call-in opportunity. Sometimes people don't want to speak. We certainly can't guess at the motivation today, but it's really at your discretion whether you want to table the motion or go ahead with the motion right now.

CHAIRMAN MORIAN: I'm inclined to go ahead and readdress it if he calls in.

COMMISSIONER HILDEBRAND: Hildebrand moved.

CHAIRMAN MORIAN: Thank you, Commissioner Hildebrand. Seconded by Commissioner Scott.

Again, we'll do the roll call.

I'm a yes.

Vice-Chairman?

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: Are there any opposed?

Hearing none, the motion carries.

Is there a motion for approval regarding the retention of 100 percent of all boat registration, title, and sales tax revenue collected in Fund 9 to begin fiscal year 2021? I'd like a motion.

COMMISSIONER HILDEBRAND: Hildebrand moved.

CHAIRMAN MORIAN: Hildebrand. Seconded by Commissioner Abell. Thank you.

Again, we're going to do the roll call.

I'm a yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: None opposed. So the motion carries.

Action Item No. 3, Approval of the Texas Parks and Wildlife Department Fiscal Year 2021 Internal Audit Plan. Ms. Brandy Meeks, please make your presentation.

MS. MEEKS: Good morning, Chairman, Vice-Chairman, and Commissioners. For the record, my name is Brandy Meeks and I am the Internal Audit Director and this morning I would like to request your approval for the proposed fiscal year 2021 internal audit plan.

Next slide, please?

MS. CLARK: Excuse me. This is Andra. Brandy, you're muted.

MS. MEEKS: So sorry about that.

Texas Government Code 2102 requires that the Internal Auditor develop a risk-based annual audit plan and that this plan be approved by the State Agency's governing board.

Next slide, please?

I don't know why that keeps happening. I apologize. Did y'all -- did y'all hear the first two slides?

COMMISSIONER SCOTT: Yes.

MS. MEEKS: Okay. All right. I'll move on then.

So we have developed a risk-based plan using the risk assessment methodology shown on this screen. First we considered division level risk factors in order to develop a division level risk score. Next, we identified risks based on our knowledge of the Agency, prior audit findings, and by performing interviews with all division directors and other selected management. For all the risks identified during this process, we discussed the probability of occurrence and the impact to our Agency.

We input in this information into a risk matrix to ensure consistent evaluation of all identified risks. Lastly, using the division level risk scores and the impact scores, we were able to rank what we believed to be the top risks to the Agency.

Next slide, please?

So from the results of the annual risk assessment, we identified possible audit and advisory projects to address the top ranked risks and to assure a diversified audit plan. We also analyzed the resources needed to perform these projects and presented the risk assessment and the possible audit projects to executive management for discussion. Our proposed fiscal year 2021 internal audit plan is the result of those discussions. We presented this plan to the Audit Committee for input, review, and comment and received positive feedback from Commissioner Latimer.

Next slide, please?

Exhibit A in your booklet, as well as this slide, shows the proposed audit plan for fiscal year 2021. It also includes the number of hours estimated to complete these projects, as well as alternate projects that can be substituted or added if time permits or we complete our plan early.

Next slide, please?

So I am asking that the Commission adopt the following motion: The Texas Parks and Wildlife Commission approves the TPWD fiscal year 2021 internal audit plan as listed in Exhibit A.

Next slide, please?

I don't believe anyone has signed up for public comment. So I'm ready to take any questions that you may have at this time. Thank you for listening.

CHAIRMAN MORIAN: Any comments? Questions?

If not, I'll ask for a motion for approval?

Commissioner Scott.

Do I have a second?

COMMISSIONER BELL: Commissioner Bell seconds.

CHAIRMAN MORIAN: Commissioner Bell, thank you.

Again, apologize; but we need to go through this roll call.

I'm a yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: There can't be any opposed, so the hearing -- so the motion carries.

We'll move on to Item --

MS. MEEKS: Thanks.

CHAIRMAN MORIAN: Move on to Action Item No. 4, Wildlife Rehabilitation Rule -- Permit Rules, Recommended Adoption of Proposed Changes. Ms. Longoria, thank you.

MS. LONGORIA: Good morning, Chairman, Commissioners. For the record, my name is Meredith Longoria and I'm the Nongame and Rare Species Program Leader in the Wildlife Division. Today I plan to seek adoption of the proposed changes to the wildlife rehabilitation permit rules with modifications.

Next slide, please?

Today I'll begin with a very brief review of the intent of the proposed changes as presented at the May Commission Meeting and that I reviewed yesterday and then review modifications to those proposed changes recommended by staff.

Next slide, please?

I'd like to remind you that the proposed amendments with modifications aim to address issues and concerns relating generally to wildlife disease control and response and specifically to the detection and management of Chronic Wasting Disease or CWD.

Next slide, please?

Two virtual scoping meetings were held to review the proposed rules and provide an opportunity for permittees to ask questions and express concerns. The first scoping meeting on June 17th functioned as a focus group and influenced the initial development of the recommended modifications. During the second scoping meeting on July 8th, staff reviewed the proposed rules and introduced the draft modifications and then provided an additional opportunity for concerns to be raised and questions to be answered. All rehab permittees were invited to that second scoping meeting.

And finally, that second scoping meeting was recorded and we e-mailed a link to that recorded scoping meeting to all wildlife rehab permittees so that those who were unable to attend were able to review the same content and had an opportunity to e-mail and ask questions via phone call if they had additional concerns or questions that we could answer.

Next slide, please?

Staff recommend the following modifications to the proposed rules based on input received.

Next slide, please?

Modifying the proposed rules to clarify the roles of volunteers and subpermittees in the rules such that volunteer is defined as an individual who works with permitted wildlife in the presence of the permittee or subpermittee and volunteer activities relating to animal care that are conducted outside of the presence of the permittee or subpermittee would be limited to administrative work, feeding, watering, and cleaning and a volunteer log at registered facilities would be required.

Next slide, please?

Creating a provision to allow subpermittees to retrieve and transport injured wildlife to registered facilities without requiring the presence of the permittee and to allow subpermittees to be in possession of an injured animal long enough to stabilize that animal in order to transfer it safely to a registered facility and to allow subpermittees to conduct rehab activities at registered home facilities that I'll review on the next slide.

Next slide, please?

Staff recommend a provision to allow permittees to request registration of satellite facilities to be operated by subpermittees. Permittees would ensure that the subpermittee's home satellite facility meets or exceeds the appropriate standards for the rehab activities that will take place there. Satellite facilities would be approved for any range of activities based on the need of the permittee and desire of the subpermittee. The permittee would assume responsibility for ensuring the satellite facility is maintained at the appropriate standards required and agree to provide necessary supervision of the subpermittee and TPWD would issue a facility ID before rehab activities would be approved to take place at that home satellite facility. The satellite facility would be listed on the supervisory permittee's permit in addition to their main facility and assigned to a single subpermittee who would be responsible for maintenance and reporting requirements.

Subpermittees may conduct rehab activities at the registered home satellite facilities for as long as they are registered and listed on the supervisory permittee's permit and in compliance with all necessary requirements as described.

Next slide, please?

Maintaining and submitting quarterly facility inventories is also recommended, providing basic information on animals as they enter and leave a facility, including where animals came from, how they were received and from whom, and their ultimate destination upon leaving a facility.

Next slide, please?

Providing the following alternatives to disposal in a Type 1 landfill, including on-site burial or incineration methods that comply with local and state regulations, excluding the use of open pit burial and burn piles for incineration, and removing the 72-hour provision to facilitate transfer to other authorized permitted individuals or institutions.

Next slide, please?

Specifying that permission to release wildlife on managed public lands would also require -- would also be required and staff recommend that the proposed amendments be adopted without the high fence requirement for release of rehabbed deer under the conditions included in the next slide.

Next slide, please?

In order to relax testing and high fence requirements for releasing rehabbed deer, staff recommend the following modification to the proposed rules. Fawns may be kept in a rehab facility through the end of the calendar year in which they were born or up to six months of age. Deer older than six months may not be initiated into a rehab program. CWD testing may not be necessary for deer released before six months of age; however, that's still under consideration. And testing may be required as directed by the Department. TPWD will assist with the cost of tags and testing. Deer may only be released in the county of origin or within a 5-mile radius of the approximate location of rescue in order to reduce the potential of spreading CWD to new counties. Again, meeting these requirements would ease staff concerns regarding release of rehabbed deer to open range.

Next slide, please?

Expanding this list of approved courses for initial qualification and renewal, including both online and in-person options.

Next slide.

Assembling a Wildlife Rehabilitation Council, or WRC, an ad hoc group of permitted wildlife rehabilitators that will assist TPWD staff in developing and approving wildlife rehabilitation permit regulations and policies. They would be responsible for establishing and maintaining a list of approved courses that would satisfy qualification and renewal requirements and will meet at least annually or more frequently as determined by the WRC upon initiation.

Next slide, please?

And finally, adding a provision to allow veterinarians without a rehab permit to possess animals until they are stabilized and remove the 48-hour limit on possession currently in place.

Next slide, please?

In addition to the two scoping meetings, all permittees were notified once more by e-mail that the proposed rules were published in the Texas Register on July 17th and were provided with instructions on how to comment and what the next steps would be in the proposed rule-making process. They were provided with a summary of the modifications to the proposed rules and were given one final e-mail last Monday so that they had a -- they had, again, another copy of the recommended modifications and a reminder about public commenting, with instructions on where to find more details about how to participate in the Commission Meeting today.

Next slide, please?

The numbers on this slide are outdated as of yesterday before I gave my presentation. So as of 5:00 p.m. yesterday evening, we received a total of 23 comments. Two were -- two agreed and 21 disagreed.

Next slide, please?

All reasons provided for disagreement with the proposed rules as published in the Texas Register fell within the following six general categories that staff were largely able to resolve with the recommended modifications described earlier: Elimination of volunteers, proposed changes regarding subpermittees, daily log requirements, proposed rules for handling deceased wildlife, deer tagging, facility and release requirements, and requirements for permit renewal.

Next slide, please?

Staff recommends that the Commission adopt the proposed motion: The Texas Parks and Wildlife Commission adopts amendments to Subsection 69.43 to 69.52 concerning wildlife rehabilitation permits, with changes as necessary to the proposed text as published in the July 17th, 2020, issue of the Texas Register. And with that, I'll take any questions.

CHAIRMAN MORIAN: Thank you.

Are there any questions?

We have one speaker, Mr. Craig Nazor with the Lone Star Chapter of the Sierra Club. Is he -- good. I look forward to --

DR. CRAIG NAZOR: I'm here. I'm here.

AT&T OPERATOR: Please go ahead. You have three minutes.

CHAIRMAN MORIAN: Thank you.

DR. CRAIG NAZOR: My name -- thank you. My name is Dr. Craig Nazor and I'm the Conservation Chair of the Lone Star Chapter of the Sierra Club. And first of all, I want to support the hard work it took to come up with these recommendations and we support these recommendations. We think this is a very important program, and we like the attention it's gotten to make sure it works well for everybody.

I will have to say though that -- and some of the complaints about this had to do with the rules adding time and money requirements to a very, very underfunded but necessary area of our -- you know, of our responsibility for wildlife. Currently, for instance, Austin Wildlife Rescue which I'm most familiar with, takes over 8,000 animals from the City of Austin and Travis County per year with exactly zero dollars and zero cents funding provided for that service.

So as you vote for this and I hope you support this, I also want you to keep in mind that the Sierra Club is working on a possible funding stream for this and we would like your support as well, individually or as a group, however it turns out because we're still working on how to do this, to provide some funding for this very important part of what you do and what I think the State of Texas should do for our wildlife. So thank you very much for taking my comments.

CHAIRMAN MORIAN: Thank you and look forward to hearing what you come up with.

Anybody else have any comments or questions?

Well, then I'll entertain a motion for approval.

VICE-CHAIRMAN APLIN, III: Aplin moved.

CHAIRMAN MORIAN: Thank you very much.

Seconded by?

COMMISSIONER GALO: Galo.

CHAIRMAN MORIAN: Galo, thank you.

I vote yes.

VICE-CHAIRMAN APLIN, III: Yes, Aplin.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: Thank you very much. Hearing no opposition, the motion carries.

Action Item No. 5, Possession of Resident License Rules, Recommended Adoption of Proposed Changes, Mr. Stormy King.

MR. KING: Good morning, Chairman, Commissioners. For the record, I'm Stormy King, Assistant Commander of Wildlife Enforcement for the Texas Parks and Wildlife Law Enforcement Division. I'm here today on behalf of staff to recommend adoption of proposed changes to regulations related to possession of resident licenses.

Next slide, please?

In recent years, TPWD Law Enforcement has often as a result of inquiries from other state conservation enforcement agencies, encountered an increasing number of residency status issues related to hunting and fishing licenses. The common motivation for such activity is desired by some to claim the benefits of residency in multiple states.

While current regulations provide residency requirements and refer to the possibility of criminal prosecution, they fall short of either clearly articulating a specific chargeable offense or defining a penalty for such violations. Residency fraud cases such as these often do not meet the required elements of statutes related to falsification of or tampering with governmental records or documents. Furthermore, the higher level penalties associated with some of these statutes may render prosecutors reluctant to pursue prosecution if they perceive the penalties are too severe. Uncertainty related to this verbiage could also prevent the Department from utilizing the tools provided by the Interstate Wildlife Violator Compact that hold nonresident violators accountable.

Next slide, please?

The proposed amendments would clearly articulate a Class C misdemeanor violation for the possession of resident hunting and fishing licenses by those ineligible to hold it. The clarity provided by the proposed amendments will allow Law Enforcement to more effectively and efficiently address these cases of fraudulent residency claims.

Next slide, please?

As of this morning, we've received seven public comments via the online site: Six in favor, one opposed. No detail on the opposing view. Only received one detailed comment from a person in support of the proposed changes and basically their take was that we should be able to hold people accountable for, quote, ripping off, unquote, Texas hunters and taxpayers.

Next slide, please?

With that, staff recommend the Commission adopt proposed amendments to Title 31 Texas Administrative Code Chapter 55.1 concerning proof of residency, with changes as necessary to the proposed text as published in the July 17th, 2020, issue of the Texas Register. And that concludes my presentation. I'm happy to welcome any questions.

CHAIRMAN MORIAN: Thank you, Stormy.

Are there any questions or comments?

It seems reasonable. No one signed up to speak. So I'll entertain a motion for approval?

Commissioner Scott.

Seconded Commissioner Abell.

And we'll do the roll call.

I vote yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

CHAIRMAN MORIAN: Commissioner Bell?

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

CHAIRMAN MORIAN: Commissioner Scott?

COMMISSIONER SCOTT: Yes.

CHAIRMAN MORIAN: Hearing no opposition, motion carries.

With that, we'll move on to Action Item No. 6, Civil Restitution Rules, Recommended Adoption of Proposed Changes, Mr. Barker.

MR. BARKER: I'm letting Andra catch up.

Good morning, Commissioners. My name is Jarrett Barker. I'm the Assistant Commander for Fisheries Enforcement and with this item, the staff seeks adoption of proposed amendments to regulations governing the assessment of civil restitution values. The proposed rule-making would eliminate assessment of civil restitution for trophy wildlife species.

Next slide.

Texas Parks and Wildlife Code Chapter 12 Section 301 creates a penalty -- or not necessarily a penalty, but creates liability for a person who kills, catches, takes, possesses or injures any fish, shellfish, reptile, or amphibian in violation of Parks and Wildlife Code or Administrative rule. Furthermore, Section 302 authorizes the Commission to establish rules for the assessment of values based upon the different wildlife species.

Next slide.

The establishment of these values for various species is calculated based upon these criteria: Recreation, aesthetic use, education, scarcity, and so on. They're given a value and that value is later turned into -- next slide -- is multiplied largely against the number of that species that exists. And as you can see in this slide, a White-tailed doe deer is valued at $273.50, a White-tailed deer buck is valued at $881.50 at the base value, and a Mule deer is valued at $1,929.50. And you can see as some of those -- use, scarcity, and frequency -- as the animal becomes more rare, it becomes more valuable across the landscape.

Next slide.

In 1996, the Commission adopted specific rules for calculations of civil restitution values for White-tailed deer, Mule deer, Pronghorn antelope, and Bighorn sheep. These are the species that Rule 69.30 created the trophy values for.

Next slide.

Trophy value calculations increased based upon values upon Boone and Crockett score -- scoring of the antlers and these can vary across the different species.

Next slide.

Pictured here on the left you see a White-tailed deer that scores 228 inches and is valued at $27,915.10. On the right is 300-inch deer, achieving a value of $66,881.50. In 1996, the legislator created the additional offense of involving the unlawful take of these four species by enacting the Hunting Without Landowner Consent Statute, which made it a felony to take any of these animals without permission from a landowner. This statute had been proven very effective in providing a deterrent to wildlife crime. However, we're noticing a trend in the courts vacating criminal convictions on lower level offenses due to the fact that the convictions trigger the civil restitution process. We're seeing dismissals and appeals and overturning of court actions because of the civil assessments that are being imposed on the public after conviction.

Next slide, please?

This slide depicts trophy value -- or trophy species populations across these four species. Currently, the Wildlife Division estimates that there's 5.4 million White-tailed deer, 185,000 Mule deer, 14,000 Pronghorn, and 1.3 thousand Desert Bighorn sheep.

Next slide.

The two endangered species that are depicted here, the Whooping crane here on the left, has a civil restitution value of $12,000 and 900 and -- $12,907.50. The Attwater's Prairie chicken, which is the most endangered bird in the U.S., less than 50 in existence, reach a top value of $12,907.50. This is far below the values that -- the trophy value calculations created for White-tailed deer and the other species that are affected.

Next slide.

Values for other species, as you can see in this slide, the Black bear being valued at 5,000, the Reddish egret, are far below, again, the enhancements that are created due to the trophy value calculations. The Kemp's Ridley sea turtle here is just over $5,000.

Next slide.

Of the civil restitution assessments that are made across the trophy value species, the White-tailed deer encompasses the category where most assessments are made. They account for 93 percent of trophy value assessments. Mule deer being second and relatively very few assessments are made for Pronghorn or Desert Bighorn sheep.

Next slide.

Staff has received two public comments. One in total agreement with this proposal, and one in disagreement with this proposal. The disagreeing party stated that they don't feel that the benefits that have been achieved in land management that have created more opportunity and a greater frequency of these trophy species, warrants a decrease in the criminal penalty that is assessed against individuals. And the staff disagrees with this comment and that these are not criminal penalties assessed, but these are civil values placed upon the value that the species has across the landscape. It's more of a scientific approach rather than an evaluation of the offense of the day and determining how much penalty an individual needs to pay.

So with that, staff does recommend adoption of these proposals. And I would entertain any questions at this time.

CHAIRMAN MORIAN: Okay, good. Thank you very much, Mr. Barker.

Are there any questions or comments?

Okay. Hearing none, we have no one signed up to speak. So, therefore, I'll entertain a motion for approval.

Commissioner Scott.

Do I have a second?

COMMISSIONER HILDEBRAND: Second Hildebrand.

CHAIRMAN MORIAN: Second Hildebrand. Thank you.

Again, we'll do the roll call.

I vote yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

CHAIRMAN MORIAN: Thank you very much. I hear no opposition, so the motion carries.

We'll move on to Action Item No. 7, Grant of Easement, Lubbock County, Approximately a Tenth of an Acre at the Texas Parks and Wildlife Department Law Enforcement Officer, Mr. Trey Vick.

MR. VICK: Good morning, Mr. Chairman, Commissioners. For the record, my name's Trey Vick. I'm with the Land Conservation Program and today I'm presenting a grant of an easement in Lubbock County, approximately a tenth of an acre at the Texas Parks and Wildlife Department Law Enforcement Office.

Next slide, please?

The Law Enforcement office is located in Lubbock County.

Next slide, please?

It sits within the City of Lubbock.

Next slide, please?

Texas Parks and Wildlife Department own and operate a regional Law Enforcement office in Lubbock. Lubbock Power and Light is in the process of upgrading the existing electric transmission line that runs across -- or runs along Highway 289 within the TxDOT right-of-way. The upgrade will make an open loop transmission system that feeds much of north Lubbock to a closed loop system, significantly improving the system's reliability. The alternative would be about a -- almost a mile -- seven-tenths of a mile detour of the intersection, which would be expensive and inefficient.

Next slide, please?

Here's a map showing the Law Enforcement office, and the proposed easement is there in green. So it just barely clips the parking lot, which would allow them a little bit more room around that corner of the intersection.

Next slide, please?

We've received one comment in favor of the proposed transaction.

Next slide.

And if there's no questions, staff recommends the Texas Parks and Wildlife Commission adopt the following motion: The Commission adopts the resolution attached as Exhibit A.

Next slide, please?

And I'd be happy to answer any questions.

CHAIRMAN MORIAN: Thank you very much.

MR. VICK: Yes, sir.

CHAIRMAN MORIAN: Any questions? Comments?

No one has signed up to speak. So I'll entertain a motion for approval?

COMMISSIONER GALO: So moved, Galo.

CHAIRMAN MORIAN: Thank you, Commissioner Galo.

Second?

COMMISSIONER HILDEBRAND: Hildebrand second.

CHAIRMAN MORIAN: Commissioner Hildebrand, thank you very much.

I vote yes.

Vice-Chairman?

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: Any opposed?

Hearing none, the motion carries.

Thank you.

We'll move on to Action Item No. 8, Acquisition of Land, Bastrop County, 600 Acres at Bastrop State Park. Again, Mr. Trey Vick.

MR. VICK: Again, for the record, my name's Trey Vick. I'm with the Land Conservation Program and today I'll be presenting an acquisition of land at Bastrop State Park of approximately 600 acres.

Next slide, please?

Bastrop State Park sits in Bastrop County.

Next slide, please?

It's approximately 30 miles southeast of here from Austin.

Next slide, please?

The state park consists of approximately 6,600 acres. It's located 30 miles southeast of Austin. The State acquired the park in the 30s. It's a Civil Conservation Corps constructed park. Today the park is extremely popular with central Texans for hiking, birding, and camping.

Next slide, please?

Staff has been in negotiations to acquire several contiguous tracts totaling approximately 600 acres that sits adjacent to the park boundary from a single seller. This proposed acquisition would allow -- would add critical Houston toad habitat, allow for restoration of the lost pines, and would expand recreational opportunities for the park such as hiking, biking, birding, fishing, and camping.

Next slide, please?

Here you see the overall layout of the park in red. This acquisition is outlined in yellow.

Next slide, please?

CHAIRMAN MORIAN: Thank you.

MR. VICK: And you can see here an upgrade shot of the acquisition. It's one of the -- it would be one of the largest tracts left available to acquire and would allow for future expansion to the east of the park if necessary.

Next slide, please?

We received one comment in favor of the proposed transaction.

Next slide, please?

Texas Park -- staff recommends the Texas Parks and Wildlife Commission authorize the Executive Director to take all necessary steps to acquire approximately 600 acres at Bastrop State Park in Bastrop County for addition to Bastrop State Park.

Next slide, please?

And I'd be happy to answer any questions.

CHAIRMAN MORIAN: All right. Are there any questions?

Thank you for your presentation.

No one has signed up to speak. So, again, we'll go through -- I need a motion.

Commissioner Latimer, thank you.

Second Commissioner Hildebrand, thank you.

And we'll go through the roll call.

I vote yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Excuse me. Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

CHAIRMAN MORIAN: And Commissioner Scott will be here in just a second. Nope?

COMMISSIONER SCOTT: I vote yes.

CHAIRMAN MORIAN: Thank you very much.

Hearing no opposition, the motion carries.

We'll move on to Action Item No. 9, Acquisition of Land, Bastrop County, 16 Acres at Bastrop State Park. Again, Mr. Vick, please make your presentation.

MR. VICK: Yes, sir. Once again, Mr. Chairman, Commissioners, for the record, my name's Trey Vick. I'm with the Land Conservation Program and this last presentation of mine is another acquisition of land in Bastrop County. This one totals 16 acres at Bastrop State Park.

Next slide, please?

Bastrop State Park sits in Bastrop County.

Next slide, please?

Next slide, please?

Thirty-two miles southeast of Austin.

Next slide, please?

Like I mentioned before, Bastrop State Park consists of 6,600 acres southeast of Austin. It was acquired in the 30s. It's a CCC constructed park. It's very popular with Central Texans and visitors really from all over the state and all over the world.

Next slide, please?

Staff has been in negotiations to acquire a 16-acre tract that sits along Alum Creek, and it's totally surrounded by park boundary. This proposed acquisition would add critical Houston toad habitat, further protect the Alum Creek corridor, and offer the ability to expand the recreational trail system. This proposed acquisition is surrounded by park and would add an opportunity to expand the park and the recreation opportunities there.

Next slide, please?

You can see the proposed acquisition outlined in yellow in relation to the rest of the park.

Next slide, please?

And here is close-up of it showing the surrounding park boundary.

Next slide, please?

Staff received one comment in favor of the proposed transaction.

Next slide, please?

And staff recommends that the Texas Parks and Wildlife Commission authorize the Executive Director to take all necessary steps to acquire the approximately 16 acres at Bas -- in Bastrop County for addition to Bastrop State Park.

Next slide, please?

And I'd be happy to answer any questions you may have.

CHAIRMAN MORIAN: Thank you very much, Trey.

Are there any questions? Comments?

No one has signed to speak. So, again, we'll move on for -- I look for a motion for approval.

COMMISSIONER GALO: So moved, Galo.

CHAIRMAN MORIAN: Thank you, Commissioner Galo.

Do I have a second?

COMMISSIONER BELL: Commissioner Bell seconds.

CHAIRMAN MORIAN: Thank you, Commissioner Bell.

Again, we'll do the roll call.

I vote yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: Any opposed?

Hearing none, motion carries.

We'll move on to Action Item No. 10, Acquisition of Land, Jefferson County, Approximately 10 Acres at the J.D. Murphree Wildlife Management Area, Mr. Ted Hollingsworth.

MR. HOLLINGSWORTH: Chairman, Commissioners, good morning. For the record, my name is Ted Hollingsworth. I'm with the Land Conservation Program. In this particular item, staff will be requesting that the Commission authorize the acquisition of approximately 10 acres of land adjacent to the entrance to J.D. Murphree Wildlife Management Area.

Next slide.

The J.D. Murphree is in extreme Southeast Texas. It is adjacent to Sea Rim State Park, which is adjacent to the Gulf of Mexico. It is about 25,000 acres of very, very significant coastal wetlands.

Next slide.

It is immediately south of Port Arthur; but, again, puts it within -- just within very short range of Beaumont, Port Neches, Orange. A large -- a large body of a large community in Southeast Texas and as such is an extremely popular destination for waterfowl hunters, wildlife watchers, and so forth.

Next slide.

Again, just a tremendous mosaic of everything from salt -- saltwater tidal coves and bayous and marshes to intermediate and even freshwater wetlands that preserve an amazing diversity of bird life, amphibians, reptiles, fish. It's very, very significant nurseries for shrimp, crabs, and commercially important fish such as Redfish, flounder, and so forth. And the site is managed for that diversity of native wetland habitats. Again, very popular destination and very significant asset for conservation at almost 25,000 acres.

Next slide.

Staff has been hoping to acquire this 10-acre tract of land for probably 20 years. I started -- I started making contact with the owners of this tract at least 15 years ago, and they've become willing sellers recently. The acquisition will expand -- significantly improve our ability to accommodate visitors to the wildlife management area, especially for public hunts.

Next slide, please?

The entrance is off of Highway 73 at the extreme north end of the wildlife management area.

Next slide.

And you can see here the way that tract lays adjacent to our entrance and our current park head -- wildlife management area headquarters, there just simply is not enough room in our property that fronts on the highway to accommodate the number of vehicles that show up on hunt mornings, especially certain waterfowl hunting days and so those visitors park along the shoulder of the highway.

You can see it's a divided highway. The speed limit in this area, I believe, is 70 miles an hour and it's just -- we've been very, very fortunate that we haven't had a major accident involving a motorist and somebody trying to wait their turn to enter the wildlife management area. The subject tract is covered with Chinese tallow, so we will not do any conservation damage to it clearing that tallow and creating parking space there to accommodate those visitors in waiting, get them off of the highway and keep them safe.

Next slide, please?

We received one comment in favor of the proposed acquisition.

Next slide.

The staff recommends the Texas Parks and Wildlife Commission adopt the following motion: The Texas Parks and Wildlife Commission authorizes the Executive Director to take all necessary steps to acquire the approximately 10-acre tract of land in Jefferson County for addition to the J.D. Murphree Wildlife Management Area. And with that, I'd be happy to answer any questions.

COMMISSIONER SCOTT: I don't have any questions. I'd like to make a comment.

CHAIRMAN MORIAN: Yes.

COMMISSIONER SCOTT: Having grown up in this part of the world and parked on the side of the road, it is a great honor after the eight years I've been here we've been trying to get it and I know it's been longer than that; but the gentleman that ran J.D. Murphree that was a lifelong friend of mine that we lost a couple of years ago that worked for our Commission -- I mean, worked for our Agency for a long time, Mr. Jim Sutherland, and it was a lifelong ambition of his to make this happen and it's with a great honor that I make a motion that we accept and do this. It's a great deal for the citizens of that part of Southeast Texas. Thank you.

COMMISSIONER GALO: I second that motion.

CHAIRMAN MORIAN: Thank you.

COMMISSIONER GALO: Galo seconds that motion.

CHAIRMAN MORIAN: Thank you very much.

Commissioner Scott, I know you're pleased to see this finally get done.

COMMISSIONER SCOTT: Yes, sir.

CHAIRMAN MORIAN: All right. We'll do the roll call.

I vote yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott very much yes.

CHAIRMAN MORIAN: Thank you.

Are there any opposed?

Hearing none, the motion carries.

Action Item No. 11, Exchange of Land, Orange County, Approximately 2 Acres at the Old River Unit of the Lower Neches Wildlife Management Area, Mr. Hollingsworth.

MR. HOLLINGSWORTH: Chairman, Commissioners, good morning. Again, for the record, my name is Ted Hollingsworth. If your Commission agenda item says that Stan David is presenting this item, I'm standing in for Stan. He's had a family emergency. This item is a request that the Commission authorize a boundary correction that involves exchange of a small amount of acreage at the Old River Unit of the Lower Neches Wildlife Management Area in Orange County.

Next slide.

The Lower Neches Wildlife Management Area is -- it's physically adjacent to the community of Bridge City, very near Orange and Port Arthur, just a few miles north of the J.D. Murphree Wildlife Management Area we were just discussing.

Next slide.

Again, you can see that it's very close to J.D. Murphree and Sea Rim, very close to Beaumont, and it does sit on -- has a significant frontage on the Neches River where it enters Sabine Lake. So in that regard, it's another very, very significant conservation asset for the State of Texas and for the Agency.

Next slide.

The three units of the Lower Neches Wildlife Management Area consist of about 8,000 acres now. The original unit, the Stark -- Nelda Stark Unit was donated by Mrs. Nelda Stark, which began that WMA. And, again, the area is known as a destination for hunting and fishing and wildlife watching opportunities.

Next slide.

We've been aware of a discrepancy in our southern-most boundary with an adjacent landowner. We've been aware of that discrepancy for many, many years. Our Department surveyor has attempted to sort that out based on the chain of title unsuccessfully for a number of years. Any monuments that might remain on that boundary are out in open water and cannot be located now.

With more and more people visiting the wildlife management area and that southern end of the wildlife management area to fish in a bayou there, there's just been a growing opportunity for -- if not conflict, at least trespass of wildlife management area visitors onto adjacent private property and we've recognized the need for some time to agree on a boundary so that we can fence it and put signage up to let visitors know where they should be. So we've worked with that landowner, and we've come up with an agreement that we believe is in everybody's best interest.

Next slide.

Again, that southern-most extremity of the WMA where it fronts on the water.

Next slide.

In this slide you can see what we are proposing to exchange. Again, we don't know exactly where the boundaries are. So these are best estimates based on extensive research done by our surveyor. We would add, so to speak, the area in the green triangle on the north of the Bailey property and he would gain that lagoon on the southeast. The property line extends on -- you can't tell here -- but the wildlife management area boundary extends on out into the water at that location.

Bailey is happy to have the lagoon added to his property and we would very much like to have a defined boundary and a fixed location where our boundary crosses the county road at that location. Also if you'll notice in the extreme north of that green triangle, you can even see in this image that there's cars parked on the -- on a wide spot in the road. I've gone back and looked at a number of historic images and there are always cars parked there -- people wanting to fish in the bayou -- and we would like to be able to know that those visitors are, in fact, on our property and not trespassing on private property. So this is -- this is good for operations and management of the wildlife management area.

And next slide, please?

We've received one comment in favor of the proposed transaction.

Next slide.

And the staff does recommend that the Texas Parks and Wildlife Commission adopt the following motion: The Commission adopts the resolution attached as Exhibit A. I'd be happy to answer any questions.

CHAIRMAN MORIAN: Thank you, Ted.

Are there any questions? Comments?

No one has signed up to speak. So I'll ask for a motion for approval.

Commissioner Scott.

Do I have a second?

COMMISSIONER LATIMER: Latimer seconds.

CHAIRMAN MORIAN: Commissioner Latimer, thank you.

Again, we'll do the roll call.

I vote yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: Hearing no opposition, the motion carries.

Thank you all.

Thank you, Ted.

Moving on to Action Item No. 12, the Grant of Pipeline Easement, Brazoria County, Approximately 6 Acres at the Justin Hurst Wildlife Management Area, Mr. Hollingsworth.

MR. HOLLINGSWORTH: Chairman, Commissioners, good morning. For the record, my name is Ted Hollingsworth. I'm with the Land Conservation Program. This item comes to you as a result of a request from a pipeline company, Enbridge, for an easement across the Justin Hurst Wildlife Management Area for the installation of three 36-inch pipelines.

Next slide, please?

The Justin Hurst Wildlife Management Area is in Southeast Texas in Brazoria County. The southern boundary is on the Gulf Intracoastal Waterway.

Next slide.

The wildlife management area is due south of Houston; 60, 65 miles from downtown. Just a mile or so outside of Freeport, Texas, just south of Lake Jackson, Clute, and the community of Jones Creek.

Next slide.

You can see in this aerial image that not only is the Gulf Intracoastal Waterway the south boundary, but the Port of -- the Port of Freeport property and the Port of Freeport Channel make up the east boundary. The community of Jones Creek, Clute, Lake Jackson, and port facilities make up the north boundary of the wildlife management area and you can see an inholding within the wildlife management area that is a tank farm and because of the -- because of the proximity to all this industrial and commercial development, not only is the WMA an extremely, extremely important island of habitats for native wildlife, but it also is, as you know from time to time, in the path of industrial development, utilities, pipelines, and such, as is the case this morning.

Next slide, please?

The WMA was formed in 1985 with the purchase of the first 8,000 plus acres. In 2007, the name was changed from Peach Point Wildlife Management Area to the Justin Hurst in honor of a Game Warden who was killed in the line of duty. Today the WMA is almost 15,000 acres. It includes coastal live oak forest, coastal -- coastal prairies, tall grass prairies, and a mosaic of wetlands that includes bayous, some managed -- managed wet soil impoundments for waterfowl and some native emergent marshes. Just an incredible mosaic of all the significant coastal habitats that are found in southern Brazoria County. And as such, of course, it supports a wide variety of fish and wildlife. Very popular. Very popular destination for a variety of hunts, including deer and hog hunts and waterfowl hunts.

Next slide.

Enbridge is working on a project known as the Houston Oil Terminal. They are -- they have acquired property that the WMA sort of wraps around on the north side where they will be constructing a new tank farm. That tank farm will work, to some extent, in concert with the existing inholding tank farm, Phillips 66 tank farm, and it is the desire of Enbridge and Phillips that those tank farms be connected by pipelines so that they can exchange product and move product back and forth and increase the capacity of both facilities. The proposal is to connect those by three 36-inch pipelines. They cross what I would call a bottleneck in the wildlife management area, roughly a thousand feet.

Next slide.

The pipelines would be parallel to one another and as close together as can safely be placed and installed. And because the one tank farm is an inholding, staff is -- has concluded that there's simply not a feasible way to get those pipelines from one tank farm to another without crossing the WMA, that thousand-foot reach being the shortest route between those two tank farms.

Next slide, please?

And, again, you can see in this slide that because of the boundary, there is that -- there's that narrow bottleneck. That bottleneck already contains a major CenterPoint high line easement, with a second easement having been approved recently by the Commission. It also includes a very visible scar that contains a number of pipelines that existed prior to our acquisition. So that particular bottleneck already contains a great deal of industrial and commercial infrastructure. The easement would be approximately where that red line is shown.

Next slide.

We have now received two comments, both in opposition and both stating that wildlife management areas should not be used for pipelines.

Next slide, please?

The recommendation of staff is that the Commission consider adopting the resolution attached as Exhibit A. I understand we have speakers signed up, and I'll be happy to answer any questions that the Commission might have.

CHAIRMAN MORIAN: Thank you, Ted.

Are there any questions or comments before we listen to our two speakers?

All right. Then we'll move on. The first speaker is Evelyn Merz with the Lone Star Chapter Sierra Club. Is she ready?

AT&T OPERATOR: Yes. Please go ahead. You have three minutes.

MS. EVELYN MERZ: Thank you. Good morning. My name is Evelyn Merz. I'm the Sierra Club Lone Star Chapter Lead on Public Lands and Wildlife. Craig Nazor also has comments.

The Chapter opposes the installation of three 36-inch diameter pipelines across approximately a thousand feet of the Justin Hurst WMA by Enbridge as it is described in the resolution before the Commission. It's stated that there is no reasonable or prudent alternative. Also Enbridge has agreed to compensate Parks and Wildlife for the easement and for damages.

Based upon the information presented to the public, the public has no way of knowing if this compensation is adequate or if it offers sufficient protection to the recreational and conservation assets embodied within the WMA. There is no transparency. The compensation is stated to be, quote unquote, consistent with the current Parks and Wildlife damage and fee schedule. However, neither the initial damage payment nor the annual damage payment is stated for the public record. It's understandable if calculated damages change in the future, but the initial calculation should be available for review and discussion as to its adequacy.

The initial damage payment for a pipeline having an inside diameter of 10 inches or more is a minimum of $1,000. However, if directional drilling is used, it could be zero unless there is the easement holder inflicts surface damage. Parks and Wildlife has engaged the services of engineers to determine possible alternatives, including directional drilling installation. Thus, the initial damage payment could be $1,000 or more or zero. The minimum annual damage payment of 250 per inch per rod per year for a 36-inch pipeline running 1,000 feet or 60.6 rods, would be $5,454 per year per pipeline or $16,362 per year for all three. The public has no idea whether Enbridge will be charged the minimum or more.

The initial and annual damage payments or any other by Enbridge, should be sufficient to cover additional costs incurred by Parks and Wildlife to manage and monitor impacts to the easement and the adjacent area. Impacts can extend beyond the actual boundaries of the easement proper.

The fee schedule on page 11 states that Parks and Wildlife may require spill contingency plans, emergency plans, and that Parks and Wildlife may require a management plan. The resolution is silent on whether these plans be required. Parks and Wildlife should require a spill plan, an emergency plan, and a management plan from Enbridge. Enbridge's past history is an important fact in determining what is reasonable in providing liability insurance and bonding.

Their safety record and spill record has been deplorable. The public record has numerous instances of spills by Enbridge. Just by looking at 2010 and subsequent years and focusing on the larger spills does show a disturbing pattern. I've submitted a list of those to Mr. Hollingsworth. Because of its past history, Enbridge should have to meet a higher standard of bonding and insurance.

In conclusion, even if there is no reasonable and prudent alternative to the Justin Hurst WMA crossing, opposition is the only reasonable choice until more information is publicly available regarding damage assessment, appropriate plan requirements, and adequate bonding and insurance. I appreciate the opportunity to speak with you all this morning. Thank you.

CHAIRMAN MORIAN: Thank you, Evelyn.

We'll now go to Mr. Nazor, also with the Lone Star Chapter of the Sierra Club.

AT&T OPERATOR: Please go ahead. You have three minutes.

DR. CRAIG NAZOR: Yes. This is Craig Nazor, the Conservation Chair of the Lone Star Chapter of the Sierra Club. I support Evelyn's really detailed analysis. There is another larger issue at work here, which I don't know if you will take in consideration or not; but I hope you do.

As you all know, we've just had a Category 4 hurricane slam into Louisiana. It could have -- but for the grace of God, could have gone into Freeport. Could have gone into any of these places along the coast with a storm surge of 20 feet. The tank farms are a liability. Infrastructure for fossil fuels are a liability on our coast. The one thing that will save our coast from these kinds of increasing sized storms are natural habitat.

I think it is a fool's errand to continue to construct more and more fossil fuel infrastructure on our coast to the detriment of our natural habitats. Our natural habitats are what will save us. The fossil fuel infrastructure is what will destroy us. I mean, I think it's as simple as that and straightforward as that. So I would say I really oppose this and Sierra Club really opposes the use of our beautiful wildlife management area for fossil fuel infrastructure. Thank you very much.

CHAIRMAN MORIAN: All right, thank you.

Any other questions or comments from the Commission?

And in that case, I'll entertain a motion for approval.

Commissioner Scott.

COMMISSIONER SCOTT: So move.

CHAIRMAN MORIAN: Moved it.

Do I have a second?

COMMISSIONER HILDEBRAND: Second, Hildebrand.

CHAIRMAN MORIAN: Commissioner Hildebrand.

We'll go through the roll call.

I vote yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: Any opposed?

Hearing none, the motion carries.

Action Item No. 13, Bastrop Fires, Request Approval of Funding Strategy. Mr. Creacy, please make your presentation.

MR. CREACY: Good morning, Mr. Chairman, Commissioners. For the record, my name is Greg Creacy, the Natural Resource Program Director in the State Parks Division. This presentation pertains to the Bastrop State Park wildfire litigation. The Commission was given a presentation in May concerning this litigation and proposed settlement. The purpose of today's presentation is to provide information regarding our proposed use of settlement funds.

Next slide, please?

As was previously presented in a prior presentation, Bastrop State Park is located in Bastrop County approximately 35 miles east of Austin.

Next slide, please?

Bastrop State Park is approximately 6,500 acres within the Post Oak Savannah ecoregion and Lost the Pines sub-ecoregion. The oldest portion of the park on the west side adjacent to Bas -- the City of Bastrop, is -- was created by the -- was developed by the Civilian Conservation Corps in the 1930s. The northern and eastern portions of the park were acquired in more recent times.

Next slide, please?

The Bastrop County complex wildfire began on September 4th, 2011. It was a catastrophic event that negatively impacted the entire community, including almost all of Bastrop State Park. There was only a small portion of the park that was left unaffected and that was on the former golf course area unit. It is considered -- was considered a stand replacing fire. Meaning most of the trees within the park were either permanently killed or at least top-killed, restarting the process of forest growth from the ground level.

Texas Parks and Wildlife Department filed a lawsuit with regards to damages to the state park in 2018 and received a settlement for that litigation this year.

Next slide, please?

Recovered damages totaling 18 million have been allocated to the State Parks Fund 64. Although it is a significant amount of funds, long-term restoration needs definitely exceed that recovered amount. Current appropriation authority allows Texas Parks and Wildlife Department to spend the funds within this fiscal biennium and not beyond at this time. Texas Parks and Wildlife Department has developed a recovery plan that balances short, medium, and long-term needs.

Next slide.

There are five broad categories of restoration and recovery that Parks and Wildlife is using to move forward in our expenditure plan. The first category -- ecosystem restoration -- it's to guide the trajectory of this recovering forest to a healthy and resilient state with prescribed fire, mechanical and chemical vegetation treatments, native seed harvesting and planting, exotic species management, and reintroduction and management of the endangered Houston toad.

The second category -- land acquisition -- to purchase high priority properties adjacent to the park and promote long-term conservation of those natural resources. Infrastructure repairs, we have completed a lot of infrastructure repair within the last nine years since the wildfire; but we still have a long ways to go. Devoting additional funds to that effort to complete or to further complete the needs at the site will be helpful repairing roads, trails, bridges, and continuing our efforts to mitigate erosion, as well as tell the story to the public and interpret what happened and what we are doing to recover this site.

Next slide, please?

The last two categories -- equipment and staff -- the restoration recovery projects will require additional staff and equipment to implement the projects, to manage contracts. And research and monitoring, a significant portion of our recovery plan devoted to monitoring natural and culture resources to support adaptive restoration and management decisions as we go forward.

Next slide.

State Parks Division has completed a 10-year plan for this recovery effort to utilize the 18 million settlement fund. We have, obviously, needs beyond ten years; but it's really not feasible to try and spread this funding out beyond this timeline. We have front-loaded, so to speak, land acquisition during this first biennium and some of the other needs such as infrastructure restoration are started this biennium and then continue from there.

Next slide, please?

Important considerations, current appropriation authority allows Texas Parks and Wildlife Department to spend the funds within this fiscal biennium; but restoration of the forest, park, and natural resources to their prefire condition will take decades. We do need the Legislature to appropriate for restoration each biennium, and it's important to continue to document our Agency's long-term plan to spend the recovery on restoration of Bastrop State Park. So it's an institutional priority as staff, leadership, and representatives change through the years.

Next slide.

The staff recommends the Texas Parks and Wildlife Commission adopt the proposed motion: The Texas Parks and Wildlife Commission adopts the resolution provided as Exhibit A, directing the use of litigation settlement funds for long-term restoration of Bastrop State Park.

Next slide.

That concludes my presentation. I'd be glad to answer any questions.

CHAIRMAN MORIAN: I'm muted. Thank you very much.

Any questions by the Commission?

If not, we'll move on to speakers. I believe Ms. Merz is signed up to speak again. Ready?

AT&T OPERATOR: Please go ahead. You have three minutes.

MS. EVELYN MERZ: Yes, good morning again. My name is Evelyn Merz. I'm the Sierra Club's Lone Star Chapter Lead on Public Lands and Wildlife. The receipt of 18 million in settlement of the 2011 Bastrop County complex fire is more than welcome in aiding the restoration to Bastrop State Park.

The Chapter would like a better understanding of how allocation of the 18 million will be influenced by the 2017 Bastrop State Park Public Use Plan process initiated by Parks and Wildlife. From about August to October of 2017, the Lone Star Chapter and local residents participated in the public use plan for Bastrop State Park. Parks and Wildlife did an excellent job of engaging the public and preparing a plan that encompassed all the aspects of the state park. Historical, cultural, recreational, and ecological.

The infrastructure needs, trail construction, habitat restoration, and protection of the Houston toad were all addressed. At the time, we understood that the big question or the stumbling block was funding to implement the plan. The PUP did not consider land acquisition, although the resolution today proposes allocating 6.6 million to land acquisition. Though some may be needed for the 600-acre expansion of Bastrop State Park that is being -- that was considered under another Commission agenda item earlier today. Acquisition of 600 acres adjacent to the existing park footprint is a great opportunity.

The resolution also allocates 3.9 million to ecosystem restoration and 4 million to infrastructure repairs. Another 3.5 million is allotted to administration, equipment, and monitoring. Some of these items could be used to implement parts of the 2017 PUP. An excerpt from the September 6th, 2017, comments by the Chapter to Mr. Matthew Fougerat, the Chief Texas Parks and Wildlife Planner, read as follows: We appreciate that the draft concepts of the public use plan balances the enhancements and restoration to both historic, cultural, and natural assets, the Chapter is especially pleased that the golf course area will be largely restored habitat that better suits the mission of the Texas state parks, while allowing multiple recreational uses. We particularly appreciate the creation of the play scape stations for encouraging outdoor play, the creation of the trail system with connectivity to the City of Bastrop, the removal of the parking lot, the conversion of the historic pro shop and starter house to an interpretive center on the New Deal and the creation of a nature education center. It is unlikely that there are sufficient funds in the litigation settlement to accomplish everything in the 2017 PUP; but considerable time and effort on the part of the public and Parks and Wildlife was put into the 2017 plan and it showed in the quality of the finished product.

The plan shouldn't be overlooked when deciding what can be accomplished with the infusion of the 18 million in settlement funds. We encourage Parks and Wildlife to refer to the 2017 Bastrop State Park Public Use Plan at this time and use it as the planning tool it was designed to be. We would appreciate continuing this conversation with the appropriate staff person at Texas Parks and Wildlife Department. Thank you so much.

CHAIRMAN MORIAN: Thank you.

Any other questions? Comments?

In that case, I'll ask for a motion for approval.

Commissioner Scott, thank you.

COMMISSIONER LATIMER: Latimer second.

CHAIRMAN MORIAN: Latimer second. Thank you.

Then we'll go through the roll call.

I vote yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

COMMISSIONER BELL: Bell yes.

COMMISSIONER GALO: Galo yes.

COMMISSIONER HILDEBRAND: Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: Any opposed?

Hearing none, the motion carries.

Action Item 14, Local Park Grants Funding, Request Approval of Proposed Funding Recommendations, Urban Outdoor Recreational Grants, Non-Urban Outdoor Recreational Grants, Small Community Recreation Grants. Mr. Dan Reece, please make your presentation.

MR. REECE: Thank you. Good morning, Mr. Chairman and Commissioners. My name is Dan Reece and I'm the Local Park Grant Program Manager within the Recreation Grants Branch in the State Parks Division and I'm here today to present to you funding recommendations for 30 new local park grants.

Next slide, please?

Funding from a portion of State sales tax on sporting goods and from federal offshore oil and gas royalties provide matching grants to local units of government for the acquisition and development of public parkland.

Next slide, please?

Available funding this year includes $2,262,478 from the Texas Recreation and Parks Account and -- my apologies. That should read $22,011,533 from Federal Land and Water Conservation Fund.

Next slide, please?

We have a total of three grant programs for the current cycle under consideration. The Urban Outdoor Recreation Program is for all jurisdictions with a population exceeding 500,000 or more. The Non-Urban Outdoor Recreation Program is for all communities with a population less than 500,000. And the Small Community Program is for all local units of government with a population of less than 20,000.

Next slide, please?

As of December 4th, 2019, we received a total of 77 eligible applications requesting a total of $34,338,683 in matching fund assistance.

Next slide, please?

Exhibits A through C rank each -- the projects in descending order based on each grant program's scoring criteria, as previously -- as previously adopted by the Texas Parks and Wildlife Commission.

Next slide, please?

Staff recommends the Texas Parks and Wildlife Commission adopt the following motion: Motion 1, funding for projects listed in Exhibits A through C in the amount of $15,721,579 is approved. That concludes my presentation, and I'd be happy to answer any questions.

CHAIRMAN MORIAN: All right, thank you.

We have several people that have signed up to speak. The first is Gus Ruiz from Cameron County.

AT&T OPERATOR: Please go ahead. You have three minutes.

CHAIRMAN MORIAN: Please --

MR. GUS RUIZ: Thank you, Chairman. My name is Gus Ruiz. I am -- I'm sorry. Can everybody hear me?

CHAIRMAN MORIAN: I can hear you.

MR. GUS RUIZ: Okay. Chairman Morian, thank you for the opportunity and the entire Texas Parks and Wildlife Commission. My name is Gus Ruiz. I am Cameron County Commissioner in Cameron County and I am here to advocate in support of Action Item No. 14, the Local Park Grants.

Cameron County, we are the southern-most county in Texas. We're hoping to reach a population of half a million people as a result of the 2020 census. Most recently, we have been on the national news as a result of the COVID-19 outbreak. Each generation is defined by the resilience of its adversity. My generation faced a war on terrorism and we answered the call when our country called, as I served one tour in Iraq in 2004 during the first ever Iraqi democratic election.

Our current generation is resilient even during this pandemic, which has changed our way of life. Our people are down mentally, socially, economically. On top of this, we have had three major rain events over the past (audio cut out).

CHAIRMAN MORIAN: Uh-oh. We lost you. I don't if you can hear me, but please --

MR. GUS RUIZ: -- and the total destruction --

CHAIRMAN MORIAN: There we go.

MR. GUS RUIZ: -- of our Cameron County Santa Rosa Community Park pool, which is why we are here today to advocate in favor of this action item. Please consider supporting these recommendations as this project, if granted, will spark the positive energy that our people need in order to rise and be resilient during these turbulent times.

Once again, I want to thank the Chairman and the rest of the Texas Parks and Wildlife Commission. I want to thank Director Carter Smith and his staff. I would like to thank Senator Eddie Lucio, Jr., State Representative Oscar Longoria and Ed Lucio the third for their countless support in our endeavors. This concludes my testimony, and I'm able to take any questions if there are any.

CHAIRMAN MORIAN: Thank you very much for your comments and this is one of the things that we enjoy doing and we look forward to approving Cameron County's request, so.

Any questions?

Then we'll go on to Mr. -- or go on to Ellie Torres, the Hidalgo County Precinct 4.

AT&T OPERATOR: Please go ahead. You have three minutes.

MS. ELLIE TORRES: Good morning. This is Hidalgo County Precinct 4 Commissioner Ellie Torres. On behalf of Hidalgo County Precinct 4 and the residents of the San Carlos community, we would like to thank you, the Texas Parks and Wildlife Commission, for consideration of this grant and, of course, looking forward to becoming a partner with Hidalgo County Precinct 4. If approved, the matching grant will allow the opportunity for a community park that will provide a space for all people, including our surrounding school children, to enjoy the great outdoors in a recreational setting and encourage a love of nature and for generations to come.

If approved, I have made it a priority to ensure inclusion of all children, all age levels, and all abilities. I can't wait to see the -- possibly the families gathering together and when COVID subsides, engage in birthday parties, exercise classes, native education, and simply even just to walk in the park. Once again, we want to thank you for your consideration and we hope for the approval.

CHAIRMAN MORIAN: Thank you. And, again, this is the Sunflower Memorial Park; is that correct? Yeah.

All right. Any questions?

Thank you for your call.

And we'll move to Mr. Joe Turner from New Braunfels.

AT&T OPERATOR: Please go ahead. You have three minutes.

MR. JOE TURNER: Good morning, Chairman and Commissioners. My name is Joe Turner and I live in New Braunfels, Texas. I appreciate the opportunity to speak with you this morning on Item 14, No. 3, the New Braunfels grant for the new sports complex.

I am the current Chairperson of the Parks Advisory Board in New Braunfels. I'm here speaking with you today on behalf of Mayor Rusty Brockman, our City Council members, our City manager, and our Park Recreation Direction Stacy Laird Dicke to thank you for the consideration of this grant. This grant will be used for a new facility, a new sports complex that's being constructed in New Braunfels. The 150 acres for this project was completed with 2013 bond funds purchasing it and in Phase 1, will be built with 2019 bond funds.

I'm sure each of you understand the cost of developing a park from a raw piece of ground and the infrastructure that must be put in before any of the features can be constructed and this grant will go a long way for allowing us to do some enhancement features into this facility. Once again, I thank you on behalf of New Braunfels. Thank you.

CHAIRMAN MORIAN: Joe, thank you.

Any questions or comments?

Then we'll move on to Mr. Zavala, City of Fort Worth Parks and Recreation Department.

AT&T OPERATOR: Please go ahead. You have three minutes.

MR. RICHARD ZAVALA: Good morning, Mr. Chair, members of the Commission, and Executive Director Smith. I am Richard Zavala, Park and Recreation Director with the City of Fort Worth. On behalf of our Mayor and City Council, our City manager, the volunteers of the nonprofit Friends of the Nature Center, our staff, and most importantly the citizens of Fort Worth, I am here to request your approval of the recommendation for award of the Local Park Fund Urban Outdoor Recreation Grant in the amount of $1.5 million to the City of Fort Worth for the Fort Worth Nature Center and Refuge Boardwalk Replacement Project.

The 3,600-acre Nature Center was established in 1965 and has served as a respite of natural vegetation and habitat to the people from all walks of life for over 50 years. Moreover, the Nature Center and Refuge has provided outdoor recreational opportunities for generations past and will continue to afford present and future Texans the opportunity to reinvigorate, regenerate, and recreate their lives in perpetuity.

This grant will enable the installation and expansion of a marshland boardwalk, a solar powered restroom, soft-loop trail, and interpretive elements, restoration of native vegetation, and installation of service and support site improvements. A local match of $1.5 million is being provided through the City's gas leak capital fund, annual cash capital funds, and a contribution from Facebook obtained through the efforts of the friends of the Nature Center.

Speaking of the friends, most of you all know George Bristol. Over the years, Mr. Bristol of Fort Worth has been a tireless supporter and an advocate for the Texas Parks and Wildlife. In fact, he was instrumental in the calling for and successful passage of the Constitutional amendment which dedicated the sporting goods sales tax in support of state and local parks last November. That said, in the interest of self-preservation and that preservation of Executive Director Smith, I do hope the Commission will consider this item favorably. Otherwise, once Mr. Bristol is done with me here in Fort Worth, I expect he'll head straight down to Austin to have a little talk with Mr. Smith. But please, please vote yes on this grant for the City of Fort Worth.

Mr. Chair, that concludes my remarks. Thank you.

CHAIRMAN MORIAN: Wow. Well, no, thank you. It was nice to hear feedback from these grantees. So thank you.

Any questions for, Mr. Zavala?

Then we'll move on to Mr. Vega from Cameron County.

AT&T OPERATOR: Please go ahead. You have three minutes.

MR. JOE VEGA: Good morning, Mr. Chairman, members of the Commission, Director --

CHAIRMAN MORIAN: Good morning.

MR. JOE VEGA: -- Carter Smith, and staff members from Texas Parks and Wildlife Department. For the record, my name is Joe Eliseo Vega and I'm the Parks Director for Cameron County. I'm here speaking in support of the Santa Rosa Park improvements, which are being recommended for funding under the Non-Urban Outdoor Grant Program.

I want to thank you for your consideration and also for the funding opportunity and most important, I want to thank you for the partnership that Cameron County has with Texas Parks and Wildlife. Because of Texas Parks and Wildlife, because of your partnership, we have been able to improve the quality of life in Cameron County by building and improving parks in the unincorporated areas of Cameron County, in the colonia areas and also in the underserved areas of Cameron County. We proudly thank you for that. We also thank you for the consideration of the Santa Rosa Community Park.

Like Commissioner Ruiz says, with the 2019 floods, the park received severe damage and the pool there -- the only community pool in the area -- was damaged. And this pool -- this park has been part of the community since the early 1980s and it was originally funded with the assistance of Texas Parks and Wildlife and we look forward to the new improvements to come to this park.

Again, again I thank you for the consideration. I thank -- I thank all the members of the Commission, Director Carter Smith, and also the staff of the Local Park Grant Program and for all their hard work and their support. God bless you and God bless the great State of Texas.

CHAIRMAN MORIAN: Thank you.

Okay. With that, we'll move on to Melissa Valadez-Cummings.

AT&T OPERATOR: Please go ahead. You have three minutes. Please go ahead. Your line's unmuted.

CHAIRMAN MORIAN: Well, okay. Yeah. Well, if she calls back in, let me know. All right, sorry about that.

In that case, we'll move on to Claudia Farias, City of Edinburg.

AT&T OPERATOR: Please go ahead. Your line is unmuted. You have three minutes.

MS. CLAUDIA FARIAS: Good morning, Mr. Chairman, Commissioners, Director Smith. My name is Claudia Farias. I'm a grant writer for the City of Edinburg and I'm joined here by our Assistant City Manager Mr. Tomas Reyna. The City of Edinburg respectfully requests $606,000 -- or 606,000 -- 606,617, excuse me, to develop the 1.15-mile Chapin Road Hike and Bike Trail. This is funding under the Non-Urban Outdoor Grant -- Non-Urban Outdoor Grant Program.

This hike and bike trail will fill a critical usage gap in our community. The project service area is located in northwest Edinburg, and it's not located in any existing park service area. We recently submitted a grant request to the Apache Foundation for 150 trees to further develop this project site due to destruction from last month's Hurricane Hannah.

We'd like to extend many thanks to the TPWD staff, especially Ms. Sharp for her technical assistance during the grant's development and if awarded, we're going to set up this project up for success and use for generations to come. Thank you to the Commission for your time and consideration on behalf of the Edinburg City Council and we're here and happy to answer any questions about this project and we look forward to your decision. Thank you.

CHAIRMAN MORIAN: Thank you. Appreciate your call.

I believe that is all our speakers. I would note for the record that Velinda Reyes phoned in with -- she's with Hidalgo County Precinct 4 and was for their project.

With that, I'll move on. Is there any further discussion by any of the Commissioners?

In that case, I'll move -- I'll entertain a motion for approval.

Commissioner Scott.

COMMISSIONER GALO: Second, Galo.

CHAIRMAN MORIAN: Second. Thank you, Commissioner Galo.

Again, we'll do the roll call.

I vote yes.

VICE-CHAIRMAN APLIN, III: Aplin yes.

COMMISSIONER ABELL: Abell yes.

CHAIRMAN MORIAN: Commissioner Bell, he was going to have to step off. He's already voted yes on Item 14.

So Commissioner Galo?

COMMISSIONER GALO: Galo yes.

CHAIRMAN MORIAN: Hildebrand?

COMMISSIONER HILDEBRAND: Yes. Hildebrand yes.

COMMISSIONER LATIMER: Latimer yes.

COMMISSIONER PATTON, JR.: Patton yes.

COMMISSIONER SCOTT: Scott yes.

CHAIRMAN MORIAN: No opposition, the motion carries.

Before we adjourn, I just want to thank the staff for -- this is our second virtual meeting and I -- as burdensome and awkward as it is, it's a lot better than it was the last time. So, yeah, whatever that's worth. Last time this was a beehive of activity of phone lines going dead, cameras going out. So I thank you. I know it was a lot of hard work.

So please, Carter, tell everybody involved, it's -- their effort's been noticed.

MR. SMITH: You bet. Thank you, Chairman. Yep, they've worked very, very hard on this. Thanks.

CHAIRMAN MORIAN: Yeah. And secondly, I'd like to thank the Commissioners for their understanding and involvement. This is not what any of us expected when we signed up. It's cumbersome, burdensome, and we miss the opportunity to visit. I miss the Commissioners that aren't here today and hopefully we will get back to business as normal sometime soon. So, again, thanks to both the staff and the Commissioners for staying involved.

And with that, Mr. Smith, I'll rule this Commission has completed its business and we're adjourned at 11:47.

MR. SMITH: Thank you, Mr. Chairman, Commissioners.

COMMISSIONER GALO: Thank you, Mr. Chairman. Carter.

(Commission Meeting Adjourns)

In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this _____ day of ______________, ________.

_______________________________________

S. Reed Morian, Chairman

_______________________________________

Arch "Beaver" Aplin, III, Vice-Chairman

_______________________________________

James E. Abell, Member

_______________________________________

Oliver J. Bell, Member

_______________________________________

Anna B. Galo, Member

_______________________________________

Jeffery D. Hildebrand, Member

_______________________________________

Jeanne W. Latimer, Member

_______________________________________

Robert L. "Bobby" Patton, Jr., Member

_______________________________________

Dick Scott, Member

---

C E R T I F I C A T E

STATE OF TEXAS       )
COUNTY OF TRAVIS )

I, Paige S. Watts, Certified Shorthand Reporter in and for the State of Texas, do hereby certify that the above-mentioned matter occurred as hereinbefore set out.

I FURTHER CERTIFY THAT the proceedings of such were reported by me or under my supervision, later reduced to typewritten form under my supervision and control and that the foregoing pages are a full, true, and correct transcription of the original notes.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this Turn in date _____ day of ________________, ________.

___________________________________

Paige S. Watts, CSR

CSR No.: 8311

Expiration: December 31, 2020

1007 Lime Rock Drive

Round Rock, Texas 78681

(512)779-8320