Commission Meeting Agenda Item No. 1
Presenter: Laura Carr

Action
Advisory Committee Rules
Recommended Adoption of Proposed Changes
May 26, 2022

I.      Executive Summary: With this item staff seeks adoption of proposed amendments to rules governing department advisory committees. The proposed amendments would extend the duration of all current Texas Parks and Wildlife Department advisory committees.

II.     Discussion: Texas Parks and Wildlife Code section 11.0162 authorizes the Chairman of the Texas Parks and Wildlife Commission (Commission) to “appoint committees to advise the Commission on issues under its jurisdiction.” Texas Government Code, Chapter 2110, requires each state agency to adopt rules regarding the agency’s agency advisory committees. Unless otherwise provided by statute, the rules must: (1) state the purpose of the committee; (2) describe the manner in which the committee will report to the agency; and (3) establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute.  In May of 2018 the Commission established an expiration date of July 1, 2022 for all department advisory committees. The proposed rules establish an expiration date of July 1, 2026 for each of those committees.

The proposed rules were published in the April 22, 2022, issue of the Texas Register (47 TexReg 2113). A summary of public comment will be presented at the time of the meeting.

III.   Recommendation:  The staff recommends that the Commission adopt the proposed motion:

“The Texas Parks and Wildlife Commission adopts amendments to 31 TAC §§51.601, 51.606-51.614, 51.631, 51.671, and 51.672, concerning Advisory Committees, with changes as necessary to the proposed text as published in the April 22, 2022, issue of the Texas Register (47 TexReg 2113).”

Commission Agenda Item No. 1
Exhibit A

1. Introduction.

        The Texas Parks and Wildlife Department (the department) proposes amendments to §§51.601, 51.606-51.614, 51.631, 51.671, and 51.672, concerning Advisory Committees. The proposed amendments would establish an expiration date of July 1, 2026 for the following advisory committees: White-tailed Deer Advisory Committee (WTDAC), Migratory Game Bird Advisory Committee (MGBAC), Upland Game Bird Advisory Committee (UGBAC), Private Lands Advisory Committee (PLAC), Bighorn Sheep Advisory Committee (BSAC), Wildlife Diversity Advisory Committee (WDAC), Mule Deer Advisory Committee (MDAC), Urban Outreach Advisory Committee (UOAC), Accessibility Advisory Committee (AAC), Freshwater Fisheries Advisory Committee (FFAC), State Parks Advisory Committee (SPAC), and Coastal Resources Advisory Committee (CRAC).  The proposed amendments also realign the terms of current advisory committee members to facilitate the beginning of new terms on July 1, 2022.

        Unless extended, these advisory committees will expire by rule on July 1, 2022.  The department believes that these advisory committees continue to perform a valuable service for the department. Therefore, the department wishes to continue these advisory committees.

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

        The proposed amendment to §65.611, concerning Wildlife Diversity Advisory Committee (WDAC), also removes rule language that is nonsubstantive and unnecessary.

2. Fiscal Note.

        Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years the amendments are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

3. Public Benefit/Cost Note.

        Mr. Macdonald also has determined that for each of the first five years the rules as proposed are in effect:

        (A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be to ensure proper management and effective use of department advisory committees.

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

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

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

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

        (F) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

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

                 (1) neither create nor eliminate a government program;

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

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

                 (4) not affect the amount of any fee;

                 (5) create a new regulation;

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

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

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

4. Request for Public Comment.

        Comments on the proposed rules may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775; by email at robert.macdonald@tpwd.state.tx.us, or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

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

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

6. Rule Text.

        §51.601. General Requirements.

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

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

                         (1) The term of each member of an agency advisory committee who was appointed prior to January 1, 2022[2018] will expire on July 1, 2022[2018].

                         (2) The term of each member of an agency advisory committee member appointed on or after January 1, 2022[2018] will expire July 1, 2026[2022].

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

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

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

                 (d) The WTDAC shall expire on July 1, 2026[2022].

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

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

                 (d) The MGBAB shall expire on July 1, 2026[2022].

        §51.608. Upland Game Bird Advisory Committee (UGBAC).

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

                 (d) The UGBAC shall expire on July 1, 2026[2022].

        §51.609. Private Lands Advisory Committee (PLAC).

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

                 (d) The PLAC shall expire on July 1, 2026[2022].

        §51.610. Bighorn Sheep Advisory Committee (BSAC).

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

                 (d) The BSAC shall expire on July 1, 2026[2022].

        §51.611. Wildlife Diversity Advisory Committee (WDAC).

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

                 (d) The WDAC shall expire on July 1, 2026[2022].

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

        §51.612. Mule Deer Advisory Committee (MDAC).

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

                 (d) The MDAC shall expire on July 1, 2026[2022].

        §51.613. Urban Outreach Advisory Committee (UOAC).

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

                 (d) The UOAC shall expire on July 1, 2026[2022].

        §51.614. Accessibility Advisory Committee (AAC).

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

                 (d) The AAC shall expire on July 1, 2026[2022].

        §51.631. Freshwater Fisheries Advisory Committee (FFAC).

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

                 (d) The FFAC shall expire on July 1, 2026[2022].

        §51.671. State Parks Advisory Committee (SPAC).

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

                 (c) The SPAC shall expire on July 1, 2026[2022].

        §51.672. Coastal Resources Advisory Committee (CRAC).

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

                 (d) The CRAC shall expire on July 1, 2026[2022].

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

        Issued in Austin, Texas, on