TPWD: Wednesday, 9:00 a.m., May 25, 2022 Commission Meeting Agenda

May 25-26, 2022, Commission Meeting Agenda

Work Session

Commission Agenda Items

March 23-24, 2022, Transcripts

Work Session

Wednesday, May 25, 2022
9:00 a.m.

Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road
Austin, TX 78744

Arch “Beaver” Aplin, III, Commission Chair
Carter Smith, Executive Director

Approval of the Previous Minutes from the Commission Work Session held March 23, 2022

Land and Water Plan

Update on the Texas Parks and Wildlife Department’s Progress in Implementing the Texas Parks and Wildlife Department Land and Water Resources Conservation and Recreation Plan – Carter Smith
- Internal Affairs Update
- Staff Recognition
- Recovering America’s Wildlife Act
- Lone Star Land Steward Awards 26th Anniversary Event
- State Parks Month at Whole Earth Provision Company

Financial

Financial Update – Reggie Pegues
Internal Audit Update – Brandy Meeks

Natural Resources

Advisory Committee Rules – Recommended Adoption of Proposed Changes – Laura Carr (Action Item No. 1)
Sunset Recommendations – Uniform Rules for Refusal to Issue or Renew Non-Recreational Licenses and Permits – Request Permission to Publish Proposed Changes in the Texas Register – Kerry Spears
Proposed Amendments to the Exotic Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants Rules – Request Permission to Publish Proposed Changes in the Texas Register – Monica McGarrity
Public Hunting Program – Establishment of an Open Season on Public Hunting Lands and Approval of Public Hunting Activities in State Parks – Kevin Mote (Action Item No. 2)
Comprehensive Chronic Wasting Disease (CWD) Management Rules – Triple T Provisions – Recommended Adoption of Proposed Changes – Alan Cain (Action Item No. 3)
Chronic Wasting Disease (CWD) Detection and Response Rules – Containment and Surveillance Zone Boundaries – Request Permission to Publish Proposed Changes in the Texas Register – Mitch Lockwood
Statewide Hunting Proclamation Correction of Error – Squirrel Seasons – Request Permission to Publish Proposed Changes in the Texas Register – Shaun Oldenburger
Cormorant Control Permit Repeal Rules – Request Permission to Publish Proposed Changes in the Texas Register – Shaun Oldenburger
Implementation of Legislation During the 87th Texas Legislative Session – House Bill 1728 – Relating to Partnerships between the Texas Parks and Wildlife Department and Nonprofit Entities to Promote Hunting and Fishing by Certain Veterans – Request Permission to Publish Proposed Changes in the Texas Register – Shaun Oldenburger

Land Conservation

Grant of Pipeline Easement – Brazoria County – Approximately 2 Acres at the Justin Hurst Wildlife Management Area – Ted Hollingsworth (Work Session and Executive Session) (Action Item No. 5)
Expansion of Utility Easement – Brazoria County – Approximately 2.1 Acres at the Justin Hurst Wildlife Management Area – Ted Hollingsworth (Work Session and Executive Session) (Action Item No. 6)
Acquisition of Land – Aransas County – Approximately 52 Acres at Goose Island State Park – Ted Hollingsworth (Work Session and Executive Session) (Action Item No. 7)
Exchange of Land – Reeves County – Approximately 5 Acres at Balmorhea State Park – Jason Estrella (Work Session and Executive Session) (Action Item No. 8)
Acquisition of Land – Gillespie County – Approximately 41 Acres at Enchanted Rock State Natural Area – Jason Estrella (Work Session and Executive Session) (Action Item No. 9)
Acquisition of Land – Kimble County – Approximately 15 Acres at South Llano River State Park – Jason Estrella (Work Session and Executive Session) (Action Item No. 10)
Acquisition of Land – Aransas County – Approximately 0.5 Acres at the Rockport State Parks Region 2 Headquarters – Jason Estrella (Work Session and Executive Session) (Action Item No. 11)
Acquisition of Land – Harrison County – Approximately 0.5 Acres at Caddo Lake State Park – Jason Estrella (Work Session and Executive Session) (Action Item No. 12)
Acquisition of Land – Bexar County – Approximately 126 Acres at Government Canyon State Natural Area – Jason Estrella (Work Session and Executive Session) (Action Item No. 13)
Acquisition of Land – Matagorda County – Approximately 1100 Acres at the Matagorda Peninsula Coastal Management Area – Ted Hollingsworth (Work Session and Executive Session) (Action Item No. 14)

Executive Session

Litigation Update – James Murphy (Executive Session Only)

Work Session Item No. 1
Presenter: Carter Smith

Work Session
Update on the Texas Parks and Wildlife Department’s Progress
in Implementing the Texas Parks and Wildlife Department Land and
Water Resources Conservation and Recreation Plan
May 25, 2022

I. Executive Summary: Executive Director Carter Smith will briefly update the Texas Parks and Wildlife Commission (Commission) on the status of Texas Parks and Wildlife Department’s (TPWD) efforts to implement the Land and Water Resources Conservation and Recreation Plan (plan).

II. Discussion: In 2001, the 77th Texas Legislature directed that TPWD develop a Land and Water Resources Conservation and Recreation Plan (Texas Parks and Wildlife Code section 11.104). In 2002, the Commission adopted the first plan. A revised plan was adopted by the Commission in January 2005. In November 2009, the Commission approved a new plan, effective January 1, 2010, that included broad input from stakeholders and the general public. Minor revisions continue to be made to the plan. The 2015 version of the plan is available on the TPWD website. Executive Director Carter Smith will update the Commission on TPWD’s recent progress in achieving the plan’s goals, objectives, and deliverables.

The plan consists of the following four goals:

Practice, Encourage, and Enable Science-Based Stewardship of Natural and Cultural Resources
Increase Access to and Participation in the Outdoors
Educate, Inform, and Engage Texas Citizens in Support of Conservation and Recreation
Employ Efficient, Sustainable, and Sound Business Practices

Work Session Item No. 2
Presenter: Reggie Pegues

Work Session
Financial Update
May 25, 2022

I. Executive Summary: The staff will present a financial overview of the Texas Parks and Wildlife Department (TPWD).

II. Discussion: The staff will update the Texas Parks and Wildlife Commission on state park, boat registration/titling, and license fee revenues collected by TPWD for Fiscal Year (FY) 2022. Staff will summarize recent budget adjustments for FY 2022.

Work Session Item No. 3
Presenter: Brandy Meeks

Work Session
Internal Audit Update
May 25, 2022

I. Executive Summary: The staff will present an update on the Texas Parks and Wildlife Department (TPWD) Fiscal Year (FY) 2022 Internal Audit Plan and ongoing or completed external audits.

II. Discussion: The staff will provide an update on the TPWD FY 2022 Internal Audit Plan, as well as a briefing of any external audits that have been recently completed or are ongoing.

Work Session Item No. 5
Presenter: Kerry Spears

Work Session
Sunset Recommendations
Uniform Rules for Refusal to Issue or Renew Non-Recreational Licenses and Permits
Request Permission to Publish Proposed Changes in the Texas Register
May 25, 2022

I. Executive Summary: With this item staff requests permission to publish proposed rules to implement recommendations from the Texas Sunset Advisory Commission regarding Texas Parks and Wildlife Department (TPWD) processes for denying issuance or renewal of certain non-recreational licenses and permits. The proposed rules would create a uniform process to guide department decisions to refuse issuance or renewal of specific licenses and permits identified by the Sunset Advisory Commission.

II. Discussion: Under Texas Government Code, chapter 325, the Sunset Advisory Commission is established to conduct reviews of state agencies to determine if a public need exists for the continuation of a state agency and to identify areas for improvement. Typically, state agencies undergo sunset review once every 12 years. TPWD underwent sunset review during the last regular session of the Texas legislature and was reauthorized to continue in existence until September 1, 2033. As part of that process, the Sunset Advisory Commission adopted recommendations aimed to improve consistency and fairness for individuals and small business owners licensed by TPWD, including a directive to provide an option for an informal review for non-recreational license types that do not have an existing statutory review process and to provide alignment of criminal and administrative enforcement processes to ensure fair, strong, and consistent enforcement. The proposed rules (located at Exhibits A through F) collectively implement the recommendation of the Sunset Advisory Commission.

Attachments – 6

Exhibit A – Proposed Rules
Exhibit B – Conforming Changes Chapter 53
Exhibit C – Conforming Changes Chapter 55
Exhibit D – Conforming Changes Chapter 57
Exhibit E – Conforming Changes Chapter 65
Exhibit F – Conforming Changes Chapter 69

Work Session Item No. 5
Exhibit A

SUNSET ADVISORY COMMISSION REGULATORY RECOMMENDATIONS

AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes new 31 TAC §§56.1-56.5, concerning Agency Decision to Refuse License or Permit Issuance or Renewal. The proposed new rules would establish a uniform process to govern department decisions to refuse issuance or renewal of non-recreational licenses and permits for which such processes are not prescribed by statute.

Under Government Code, Chapter 325, the Sunset Advisory Commission is established to conduct reviews of state agencies to determine if a public need exists for the continuation of a state agency and to identify areas for improvement. Typically, state agencies undergo sunset review once every 12 years. The department underwent sunset review during the last regular session of the legislature and was reauthorized to continue in existence until September 1, 2033. As part of that process, the Sunset Advisory Commission adopted recommendations aimed to improve consistency and fairness for individuals and small business owners licensed by the department, including a directive to provide an option for an informal review for non-recreational license types that do not have an existing statutory review process and alignment of criminal and administrative enforcement processes to ensure fair, strong, and consistent enforcement.

Proposed new §56.1, concerning Definitions, would create unambiguous meanings for specialized words and terms used in the rules. “Applicant” would be defined as “a person who seeks to obtain a license or permit issued by the department.” The definition is necessary to make clear that an applicant is a person who seeks to obtain a license or permit generally, whether initial permit or license issuance or renewal. “Final conviction” would be defined as “a final judgment of guilt, the granting of deferred adjudication or pretrial diversion, or the entering of a plea of guilty or nolo contendere.” The definition is necessary to make explicit the various juridical outcomes upon which the process described in the rules is predicated. “License or Permit” would be defined as “a non-recreational license or permit issued by the department, including but not limited to the licenses and permits listed in §56.5 of this title, ” which is necessary to identify the specific licenses and permits to which the rules apply, and to definitively exclude licenses and permits for which the process of denying permit or license issuance or referral is wholly or partially prescribed by statute.

Proposed new §56.2, concerning Refusal to Issue or Renew Permit or License, would identify the specific types of criminal conduct to be considered by the department in determining whether to issue or renew a permit or license. The department believes that a decision to issue or renew a license or permit should take into account the applicant’s history of violations involving the possession of live animals; the commercial exploitation of public wildlife and fisheries resources; major violations of the Parks and Wildlife Code (Class B misdemeanors, Class A misdemeanors, and felonies); specific provisions of the Penal Code involving falsification of governmental records and animal cruelty; and federal laws applicable to conduct regarding unlawful wildlife trafficking or violations of federal airborne hunting laws. The department reasons that it is appropriate to deny the privilege of possessing live wildlife or engaging in the commercial exploitation of a public wildlife resource to persons who exhibit a demonstrable disregard for the statutes and regulations governing such activities. Similarly, it is appropriate to deny such privileges to a person who has exhibited demonstrable disregard for fish and wildlife law in general by committing more egregious (Class B misdemeanors, Class A misdemeanors, and felonies) violations of wildlife law. The department also believes that persons with a criminal history of disregard for honesty or truthfulness with respect to furnishing information required by law in applications, reports, or communications involving governmental records should be prevented from the privilege of possessing or benefiting from wildlife resources. The department is the primary state agency responsible for managing, protecting, and conserving public wildlife and fisheries resources and is statutorily authorized or required to issue a wide variety of permits and licenses for many purposes, including, variously, the take, possession, use, propagation, importation, exportation, purchase, sale, etc., of those resources. As discussed elsewhere in this preamble, the department believes that unscrupulous persons and persons known to exhibit disregard for the law should not enjoy the privileges of exploitation of a public trust resource because their behavior is evidence that they cannot be expected to discharge the responsibilities, requirements, and expectations attendant to such privileges. One example and indication of unscrupulous character is the lack of fidelity to the truth with respect to providing information required by the department to effectively assess and determine a person’s fitness to be allowed to exploit a public trust resource. The department reasons that a person who is untruthful in furnishing information to the department, in addition to committing the criminal offense of falsification of a government record, will be similarly indisposed to faithfully follow and discharge the requirements of a permit or license to exploit a public trust. The department similarly believes that persons who have been convicted of animal cruelty should not be allowed to possess or benefit from the possession or use of wildlife resources. Animal cruelty is the intentional or reckless disregard for animal welfare that results in unwarranted or unjustified pain or suffering and includes torture, poisoning, killing, causing serious injury, failure to provide necessary food, water, care, or shelter, abandonment, and other, similar, types of abuse. The department reasons that persons with a demonstrable history of either failure to care for animals in that person’s custody or the opportunistic infliction of pain and suffering on animals cannot be entrusted with a permit or license to possess live wildlife resources and should not be able to benefit from any other activity that involves the take and use of live wildlife resources. Therefore, the proposed new rule would specify that the department may refuse permit or renewal issuance to persons who have been finally convicted of or received deferred adjudication for a violation of Parks and Wildlife Code, Chapter 43, Subchapters C (Permits for Scientific Research, Zoological Collection, Rehabilitation, and Educational Display), E (Permits for Trapping, Transporting and Transplanting Game Animals and Game Birds), G (Permits to Manage Wildlife and Exotic Animals from Aircraft) , L (Deer Breeder’s Permit), or R (Deer Management Permit – White-tailed Deer) or R-1 (Deer Management Permit – Mule Deer); violations of the Parks and Wildlife Code or rules of the commission that are Class A or B misdemeanors, felonies or state jail felonies; violations of Parks and Wildlife Code, §63.002 (which although a Class C misdemeanor, specifically addresses the unlawful possession of live game animals); Penal Code, §37.10 (Tampering with Governmental Record); Penal Code, §42.092 (Cruelty to Nonlivestock Animals); the federal Lacey Act; the federal Airborne Hunting Act; or any statutory or regulatory provision involving conduct or behavior regulated by the permit or license the applicant seeks to obtain or renew.

The Lacey Act (16 U.S.C. §§3371 — 3378) is a federal law that, among other things, prohibits interstate trade in or movement of wildlife, fish, or plants taken, possessed, transported or sold in violation of state law. Lacey Act prosecutions are normally conducted by the United States Department of Justice in federal courts. Although a Lacey Act conviction or civil penalty can be and often is predicated on a violation of state law, the federal government need only prove that a state law was violated; there is no requirement for there to be a record of conviction in a state jurisdiction. Rather than expending resources and time conducting concurrent state and federal prosecutions, the department believes that it is reasonable to use a Lacey Act conviction or civil penalty as the basis for denial of a license or permit subject to the provisions of the proposed rule. Because the elements of the underlying state criminal offense must be proven to establish a conviction or assessment of a civil penalty for a Lacey Act violation, the department reasons that such conviction or assessment constitutes legal proof that a violation of state law occurred, and it is therefore redundant and wasteful to pursue a conviction in state jurisdiction to prove something that has already been proven in a federal court.

The proposed amendment also would allow the department to refuse permit or license issuance or denial for any statutory or regulatory provision not described in subsection (a)(1)-(6) that involves conduct or behavior regulated by the permit or license the applicant seeks to obtain or renew. The proposed amendment would set forth the criteria to be used in determining whether a criminal conviction directly relates to the duties and responsibilities required under a permit or license sought by an applicant, including the relationship of the crime to the purposes for which a license or permit listed in §56.5 of this title is required; the extent to which the issuance of a license or permit might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities under the license or permit being sought; and any correlation between the elements of the crime and the duties and responsibilities of the license or permit being sought.

In addition to providing for the possible refusal to issue or renew a license or permit on the basis of criminal conduct, the proposed new rule would provide for the ability of the department to deny license or permit issuance or renewal on the basis of noncompliance with applicable administrative provisions. Virtually all of the licenses and permits affected by the proposed new rules require some form of administrative process and oversight, including application processes, the payment of fees, and reporting and/or notification requirements. The application process is used by the department to ensure that a prospective permitee or licensee is qualified to and/or capable of enjoying the privileges of the license or permit. The information contained in reports and notifications is used by the department for a variety of oversight and management purposes, including as a measure to determine regulatory compliance during the period of validity of the permit or license. Therefore, proposed new subsection (b) would provide that the department may refuse to issue or renew a permit or license if an applicant fails to submit a completed application (including all application materials required by the department), the required fee, accurate required reports or notifications, and any additional information or material the department determines necessary to process the application.

Proposed new subsection (c) would provide for denial of permit or license issuance or renewal on the basis of outstanding debt owed to the department by the applicant. The department is the regulatory authority for a wide variety of programs and activities, including hunting, recreational fishing, commercial fishing, operation of the state parks system, water safety, boat and motor titling, environmental protection and much more. Most regulated entities and activities are subject to fees of various kinds, and criminal violations of the code can result in fines. Under Parks and Wildlife Code, §12.301, a person who kills, catches, takes, possesses, or injures any fish, shellfish, reptile, amphibian, bird, or animal in violation of the Parks and Wildlife Code or regulation of the department is liable to the state for the value of each fish, shellfish, reptile, amphibian, bird, or animal unlawfully killed, caught, taken, possessed, or injured. Such payments are commonly referred to as “civil restitution.” The department believes that it is entirely reasonable to deny permit or license issuance or renewal to any applicant who is indebted to the department, including those who have failed to remit required payments to the department as civil restitution for violation of conservation law.

Proposed new subsection (d) would establish the criteria used by the department to guide a decision to refuse permit or license issuance or denial. The department does not intend for denial of permit or license issuance or renewal to be either automatic or permanent; accordingly, the proposed new section would establish a matrix of various factors to be considered when making a determination to deny permit or license issuance or renewal. Those factors include the extent and nature of the person’s past criminal activity with respect to the factors identified, the age of the person when the crime was committed, the amount of time that has elapsed since the person’s last criminal activity involving factors identified in this section, the conduct and work activity of the person before and after the criminal activity, evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or after release; evidence of the person’s compliance with any conditions of community supervision, parole, or mandatory supervision, other evidence of the person’s fitness, including letters of recommendation; and any other adverse or mitigating factors, including the number of final convictions or administrative penalties; the seriousness of the conduct on which the final conviction or administrative penalty is based; the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty; the length of time between the most recent final conviction or administrative penalty and the permit or license application; whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct; whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both; the accuracy of the permit or license history information provided by the applicant; whether the applicant for a permit or license renewal agreed to any special provisions recommended by the department as conditions to the expiring permit.

Proposed new §56.3, concerning Subpermittees, Volunteers, Agents, and Surrogates, would address the various peripheral roles of persons other than the permittee or licensee who are authorized to engage in activities authorized under a permit or license. In many cases, authorized activities are conducted by other persons in addition to the permittee. The department believes that, in addition to provisions affecting permittees, it is appropriate to prevent persons who have been convicted of or received deferred adjudication for an offense that otherwise is a reason for license or permit denial from assisting in activities involving live animals or that are conducted for the personal benefit of the permitee or licensee. The proposed new provision is necessary to prevent unscrupulous persons from circumventing the intent of the department (that they not engage in an activity for which they are prohibited from obtaining a license or permit to conduct) by using another person to obtain a permit with the objective of continuing to do business as usual in the name of the shadow permittee.

Proposed new §56.4, concerning Review of Agency Decision to Deny Issuance or Renewal of License or Permit, would create a review process for department decisions concerning the issuance and renewal of licenses and permits. The proposed amendment is necessary to create a process to allow persons who have been denied issuance of permits or permit renewals to have the decision reviewed by a panel of senior department managers. The process as proposed would allow the department to reverse such decisions upon further review.

Proposed new §56.5, concerning Permits and Licenses Affected, would list the specific licenses and permits identified by the Sunset Advisory Commission to which the proposed new rules apply.

2. Fiscal Note.

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

There will be no effect on persons required to comply with the rules as proposed, as the rules govern an agency process.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the establishment of a uniform process for an informal review of a department decision to refuse to issue or renew nonrecreational permits or licenses identified by the Sunset Advisory Commission for which a statutorily created review process is not provided.

(B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rule has no direct effect on small businesses, micro-businesses, or rural communities. On this basis, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

(C) The department has not drafted a local employment impact statement under Government Code, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

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

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

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules 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 a fee;

(5) create a new regulation;

(6) not expand an existing regulation;

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

(8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

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

5. Statutory Authority.

The new rules are proposed under Parks and Wildlife Code, §12.001, which authorizes the department to collect and enforce the payment of all taxes, licenses, fines, and forfeitures due to the department; §12.508, which authorizes the department to refuse to issue or transfer an original or renewal license, permit, or tag if the applicant or transferee has been finally convicted of a violation under the Parks and Wildlife Code or rule adopted or a proclamation issued under the Parks and Wildlife Code; §31.0412, which authorizes the commission to adopt rules regarding licenses issued under Parks and Wildlife Code, §31.041, including rules regarding application and renewal procedures; §31.180, which authorizes the commission to promulgate rules necessary to implement Parks and Wildlife Code, Chapter 31, Subchapter G; §43.022, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation; §43.109, which authorizes the commission to make regulations governing management of wildlife or exotic animals by the use of aircraft; Chapter 43, Subchapter F, which authorizes the commission to adopt regulations necessary to administer that subchapter; Chapter 43, Subchapter H, which authorizes the commission to adopt rules to implement that subchapter; §43.855, which authorizes the commission to adopt rules to implement Parks and Wildlife Code, Chapter 43, Subchapter V, including rules to govern permit application forms, fees, and procedures; Chapter 44, which provides for the applicability of all laws and regulations of the state to game animals held under a game breeder’s license; Chapter 49, which authorizes the commission to prescribe eligibility requirements and fees for and issue any falconry, raptor propagation, or nonresident trapping permit; §65.003, which authorizes the commission to promulgate regulations to provide for permit application forms, fees, and procedures, and hearing procedures; §66.007, which authorizes the department shall make rules governing the issuance and use of permits to possess harmful or potentially exotic harmful fish, shellfish, and aquatic plants; Chapter 67, which authorizes the commission to establish any limitations on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species; §71.002, which authorizes the commission to promulgate regulations to provide for permit application forms, fees, and procedures, and hearing procedures; Chapter 77, which authorizes the commission to regulate the catching, possession, purchase, and sale of shrimp; and Chapter 78, which authorizes the commission to regulate the taking, possession, purchase, and sale of mussels and clams.

The proposed amendment affects Parks and Wildlife Code, Chapters 12, 31, 43, 44, 49, 65, 67, 71, 77, and 78.

6. Rule Text.

§56.1. Definitions. The following words and terms shall have the following meanings, unless the context clearly indicates otherwise.

(1) Applicant — A person who seeks to obtain a license or permit issued by the department.

(2) Final conviction — A final judgment of guilt, the granting of deferred adjudication or pretrial diversion, or the entering of a plea of guilty or nolo contendere.

(3) License or Permit—A non-recreational license or permit issued by the department, including but not limited to the licenses and permits listed in §56.5 of this title (relating to Permits and Licenses Affected).

§56.2. Refusal to Issue or Renew Permit or License.

(a) Criminal conduct. The department may refuse to issue or renew a license or permit to any person who has been finally convicted of or assessed an administrative penalty for a violation of:

(1) Parks and Wildlife Code, Chapter 43, Subchapter C, E, G, L, R, or R-1;

(2) a provision of the Parks and Wildlife Code not described by paragraph (1) of this section that is a Parks and Wildlife Code:

(A) Class A or B misdemeanor;

(B) state jail felony; or

(C) felony;

(3) Parks and Wildlife Code, §63.002;

(4) Penal Code, §37.10 or §42.092;

(5) the Lacey Act (16 U.S.C. §§3371-3378);

(6) the Airborne Hunting Act (16 U.S.C. §742j-1); or

(7) any statutory or regulatory provision not described in this subsection involving conduct or behavior regulated by the permit or license the applicant seeks to obtain or renew. In determining whether a criminal conviction directly relates to the duties and responsibilities required under a permit or license sought by an applicant, the department shall consider each of the following factors:

(A) the relationship of the crime to the purposes for which a license or permit listed in §56.5 of this title is required;

(B) the extent to which the issuance of a license or permit might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;

(C) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities under the license or permit being sought; and

(D) any correlation between the elements of the crime and the duties and responsibilities of the license or permit being sought.

(b) Administrative compliance. The department may refuse to issue or renew a permit or license listed in §56.5 of this title (Relating to Permits and Licenses Affected) if an applicant fails to submit in a timely manner any of the following:

(1) a completed application, including all application materials required by the department;

(2) the required fee;

(3) accurate required reports or notifications; or

(4) any additional information or material the department determines necessary to process the application.

(c) Outstanding liability to the department. The department may refuse to issue or renew a permit or license listed in §56.5 of this title, as applicable, if the applicant is liable to the state for fees or payment of penalties imposed pursuant to the Parks and Wildlife Code or commission rule, including liability under Parks and Wildlife Code, §12.301.

(d) Criteria for determination.

(1) If the department determines that a criminal conviction directly relates to the duties and responsibilities required under a permit or license, the department shall consider the following in determining whether to take an action authorized under this subchapter:

(A) the extent and nature of the person’s past criminal activity with respect to the factors identified in this section;

(B) the age of the person when the crime was committed;

(C) the amount of time that has elapsed since the person’s last criminal activity involving factors identified in this section;

(D) the conduct and work activity of the person before and after the criminal activity;

(E) evidence of the person’s rehabilitation or rehabilitative effort while incarcerated or after release;

(F) evidence of the person’s compliance with any conditions of community supervision, parole, or mandatory supervision;

(G) other evidence of the person’s fitness, including letters of recommendation; and

(H) other adverse or mitigating factors, including but not limited to:

(i) the number of final convictions or administrative penalties;

(ii) the seriousness of the conduct on which the final conviction or administrative penalty is based;

(iii) the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by subsection (a) of this section;

(iv) the length of time between the most recent final conviction or administrative penalty and the permit application;

(v) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;

(vi) whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both;

(vii) the accuracy of the permit history information provided by the applicant;

(viii) for a renewal, whether the applicant agreed to any special provisions recommended by the department as conditions to the expiring permit.

(2) A determination under this section is not permanent and the department shall consider the factors listed in this subsection in subsequent applications.

§56.3. Subpermittees, Volunteers, Agents, and Surrogates.

(a) The department may prohibit any person from engaging in activities regulated under a permit or license as a subpermittee, agent, or volunteer if that person is prohibited for any reason from obtaining the permit or license or from engaging in activities authorized by the permit or license.

(b)The department may refuse to issue or renew a permit or license for any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited for any reason from obtaining the permit or license or from engaging in activities authorized by the permit or license.

§56.4. Review of Agency Decision to Deny Issuance or Renewal of License or Permit.

(a) An applicant may request a review of a decision of the department to refuse issuance of a license or permit.

(1) An applicant seeking review of a decision of the department with respect to the issuance or renewal of a license or permit must submit a written request for the review within 10 working days of being notified by the department that the application has been denied.

(2) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.

(3) The department shall conduct the review within 30 working days of receipt of the request required by paragraph (1) of this subsection, unless another date is established in writing by mutual agreement between the department and the requestor.

(4) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in the area or subject matter germane to the permit or license, appointed or approved by the executive director, or designee. The department employee that made the decision to refuse to issue or renew the license or permit shall not be a member of the review panel.

(5) The decision of the review panel is final.

(b) In conducting a review of a decision by the department to refuse to issue or renew a permit, the department shall consider:

(1) any applicable factors listed under §56.2(d) of this title (relating to Refusal to Issue or Renew Permit or License);

(2) the applicant’s efforts toward rehabilitation;

(3) the likelihood that the applicant would repeat the conduct upon which the refusal is based;

(4) whether the conduct on which the refusal is based involved a threat to public safety; and

(5) other mitigating factors.

§56.5. Permits and Licenses Affected. The provisions of this chapter apply to the following types of permits and licenses.

(1) Aerial Wildlife Management;

(2) Alligator – all;

(3) Bait Shrimp Dealer;

(4) Bait Dealer – all;

(5) CITES Tag Dealer – all;

(6) Commercial Fishing Boat – all;

(7) Commercial Mussel and Clam Fisherman – all;

(8) Commercial Nongame – all;

(9) Controlled Exotic Snake – all;

(10) Controlled Exotic Species – all;

(11) Depredation;

(12) Educational Display;

(13) Falconry – all;

(14) Finfish Import;

(15) Fish Dealer – all;

(16) Fishing Guide – all;

(17) Furbearing Animal – all;

(18) Game Animal Breeder;

(19) Game Bird Breeder – all;

(20) Hunting Cooperative – all;

(21) Marine Dealer, Distributor, or Manufacturer;

(22) Menhaden Boat – all;

(23) Nongame Fish;

(24) Party Boat Operator;

(25) Private Bird Hunting Area;

(26) Scientific Plant Research;

(27) Scientific Research;

(28) Shell Buyer – all;

(29) Shrimp Boat Captain – all;

(30) Shrimp Offloading;

(31) Wildlife Management Association Area Hunting Lease – all;

(32) Wildlife Rehabilitation; and

(33) Zoological.

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

Work Session Item No. 5
Exhibit B

SUNSET ADVISORY COMMISSION REGULATORY RECOMMENDATIONS

AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL

CONFORMING CHANGES – CHAPTER 53. FINANCE

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §53.113, concerning Refusal to Issue or Renew License; Review of Agency Decision to Refuse or Renew License.

In another proposed rulemaking published elsewhere in this edition of the Texas Register, the department would establish a uniform process for decisions to refuse issuance or renewal of licenses and permits for which such processes are not prescribed by statute. As a result, conforming changes must be made in order to eliminate conflicts with current rules regarding those processes. The proposed repeal would eliminate the current rule governing agency decisions to refuse permit issuance or renewal of licenses for marine dealers, distributors, and manufacturers.

2. Fiscal Note.

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

There will be no effect on persons required to comply with the repeal as proposed.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the proposed repeal will be compliance with the establishment of a uniform process for an informal review of a department decision to refuse to issue or renew all nonrecreational permits or licenses identified by the Sunset Advisory Commission for which a statutorily created review process is not provided.

(B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed repeal has no effect on small businesses, micro-businesses, or rural communities. On this basis, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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

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

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

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The repeal 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 a fee;

(5) not create a new regulation;

(6) not expand an existing regulation;

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

(8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

5. Statutory Authority.

The repeal is proposed under Parks and Wildlife Code, §31.0412, which authorizes the commission to adopt rules regarding licenses issued under Parks and Wildlife Code, §31.041, including rules regarding application and renewal procedures.

The proposed repeal affects Parks and Wildlife Code, Chapter 31.

6. Rule Text.

§53.113. Refusal to Issue or Renew License; Review of Agency Decision to Refuse or Renew License

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

Work Session Item No. 5
Exhibit C

SUNSET ADVISORY COMMISSION REGULATORY RECOMMENDATIONS

AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL

CONFORMING CHANGES – CHAPTER 55. LAW ENFORCEMENT

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §55.404, concerning Party Boat Operator License — General Provisions, and §55.653, concerning Controlled Exotic Snakes.

In another proposed rulemaking published elsewhere in this edition of the Texas Register, the department would establish a uniform process for decisions to refuse issuance or renewal of non-recreational licenses and permits for which such processes are not prescribed by statute. As a result, conforming changes must be made in order to eliminate conflicts with current rules regarding those processes. The proposed amendments would eliminate the current rules governing agency decisions to refuse permit issuance or renewal of licenses for holders of party boat operators licenses and holders of controlled exotic snake permits.

2. Fiscal Note.

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

There will be no effect on persons required to comply with the rules as proposed.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the establishment of a uniform process for an informal review of a department decision to refuse to issue or renew all nonrecreational permits or licenses identified by the Sunset Advisory Commission for which a statutorily created review process is not provided.

(B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rules have no effect on small businesses, micro-businesses, or rural communities. On this basis, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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

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

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

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules 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 a fee;

(5) not create a new regulation;

(6) not expand an existing regulation;

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

(8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

5. Statutory Authority.

The amendment is proposed under Parks and Wildlife Code, §31.180, which authorizes the commission to promulgate rules necessary to implement Parks and Wildlife Code, Chapter 31, Subchapter G.

The proposed amendments affect Parks and Wildlife Code, Chapter 31.

6. Rule Text.

§55.404. Party Boat Operator License — General Provisions.

(a) – (d) (No change.)

[(e) Refusal to Issue or Renew License; Review of Agency Decision to Refuse or Renew License.

[(1) The department may refuse to issue or renew a license under this subchapter if:]

[(A) an applicant is liable to the state under Parks and Wildlife Code §12.301;]

[(B) an applicant has a final conviction or has been assessed an administrative penalty for a violation of:]

[(i) Parks and Wildlife Code, Chapter 31, involving reckless or negligent behavior, or behavior that placed passengers in peril.]

[(ii) a provision of the Parks and Wildlife Code that is punishable as a Parks and Wildlife Code:]

[(I) Class A or B misdemeanor;]

[(II) state jail felony; or]

[(III) felony;]

[(iii) a violation of Penal Code, Chapter 49 involving the operation of a motorboat;]

[(iv) a violation of Water Code, §26.121; or]

[(v) any federal or state law relating to the sale, distribution, financing, registration, or taxing of a vessel, motorboat, or outboard motor; or]

[(C) the department has evidence that the applicant is acting on behalf of or as a surrogate for another person or entity who has a final conviction or has been assessed an administrative penalty for any violation listed in this subsection.]

[(2) The department will not issue a party boat operator license to a person who is prohibited from holding an equivalent license in another state.]

[(3) In determining whether to issue or renew a license under this section, the department may consider:]

[(A) the number of final convictions or administrative penalties;]

[(B) the seriousness of the conduct on which the final conviction or administrative penalty is based;]

[(C) the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by paragraph (1) of this subsection;]

[(D) the length of time between the most recent final conviction or administrative penalty and the license application;]

[(E) whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;]

[(F) whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both; and

[(G) other mitigating factors.]

[(4) The department shall provide to the applicant a written statement of the reasons for a decision to deny the issuance or renewal of a license.]

[(5) An applicant may request a review of a decision of the department with respect to license issuance or denial. The request for review must be made within 30 days of being notified by the department that the application for a license or license renewal has been denied. The review request must be in writing and addressed to: Marine Enforcement, Texas Parks and Wildlife Department, 4200 Smith School Rd., Austin, TX 78744. If no review request is received within 30 days of the date of the letter notifying the licensee of the department’s intent to refuse issuance or renewal of the license, the decision to deny the issuance or renewal of a license is final.]

[(A) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.]

[(B) The department shall conduct the review within 30 days of receipt of the request required by subparagraph (A) of this section, unless another date is established in writing by mutual agreement between the department and the requestor.]

[(C) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with knowledge in marine regulations, appointed or approved by the executive director or his or her designee.]

[(D) The decision of the review panel is final.]

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

Issued in Austin, Texas, on

The amendment is proposed under Parks and Wildlife Code, §43.855, which authorizes the commission to adopt rules to implement Parks and Wildlife Code, Chapter 43, Subchapter V, including rules to govern permit application forms, fees, and procedures.

The proposed amendment affects Parks and Wildlife Code, Chapter 43.

§55.653. Permit Issuance and Period of Validity.

(a) — (c) (No change.)

[(d) A person convicted of a violation of this subchapter may not obtain a permit before the fifth anniversary of the date of the conviction.]

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

Work Session Item No. 5
Exhibit D

SUNSET ADVISORY COMMISSION REGULATORY RECOMMENDATIONS

AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL

CONFORMING CHANGES – CHAPTER 57. FISHERIES

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §57.124, concerning Refusal to Issue; Review of Agency Decision to Refuse Issuance, and §57.384, concerning Refusal to Issue; Review of Agency Decision to Refuse Issuance.

In another proposed rulemaking published elsewhere in this edition of the Texas Register, the department would establish a uniform process for decisions to refuse issuance or renewal of non-recreational licenses and permits for which such processes are not prescribed by statute. As a result, conforming changes must be made in order to eliminate conflicts with current rules regarding those processes. The proposed amendments would eliminate the current rules governing agency decisions to refuse permit issuance or renewal of exotic aquatic species permits and permits to possess or sell nongame fish taken from public fresh waters. The proposed amendments would also retitle the affected sections accordingly.

2. Fiscal Note.

There will be no effect on persons required to comply with the rules as proposed.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the establishment of a uniform process for an informal review of a department decision to refuse to issue or renew all nonrecreational permits or licenses identified by the Sunset Advisory Commission for which a statutorily created review process is not provided.

(B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rules have no effect on small businesses, micro-businesses, or rural communities. On this basis, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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

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

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules 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 a fee;

(5) not create a new regulation;

(6) not expand an existing regulation;

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

(8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

5. Statutory Authority.

The amendment is proposed under Parks and Wildlife Code, §66.007, which authorizes the commission to promulgate rules necessary to implement that section.

The proposed amendment affects Parks and Wildlife Code, Chapter 66.

6. Rule Text.

§57.124. Refusal to Issue[; Review of Agency Decision to Refuse Issuance].

[(a) Refusal to issue.]

[(1)] In addition to the provisions of Chapter 56 of this title (relating to Agency Decision to Refuse License or Permit Issuance or Renewal), the[The] department may refuse issuance or renewal, as applicable, of a permit to any person or for any facility if the department determines that a prospective activity constitutes a threat to native species, habitats, or ecosystems or is inconsistent with department management goals and objectives.

[(2) The department may refuse issuance, amendment, or renewal, as applicable, of a (permit to any person:]

[(A) who has been convicted of, pleaded guilty or nolo contendere to, received deferred adjudication or pre-trial diversion for, or been assessed an administrative or civil penalty for a violation of:]

[(i) this subchapter;]

[(ii) Parks and Wildlife Code, §§66.007, 66.0072, or 66.015;]

[(iii) Parks and Wildlife Code that is a Class B misdemeanor, a Class A misdemeanor, or felony;]

[(iv) Penal Code, §37.10;]

[(v) Lacey Act, 16 U.S.C. §§3371-3378; or]

[(vi) a provision of federal law applicable to grass carp.]

[(B) if another person employed, authorized, or otherwise utilized to perform permitted activities by the applicant has been convicted of, pleaded guilty or nolo contendere to, or received deferred adjudication or pre-trial diversion for an offense listed in subsection (a)(2)(A) of this section.]

[(3) The department may refuse to issue a permit to any person the department has evidence is acting on behalf of or as a surrogate for another person who is not eligible for a permit under the provisions of this subchapter.]

[(4) The department may refuse to renew the permit of any person who is not in compliance with applicable reporting or recordkeeping requirements.]

[(5) The duration of the denial period may be:]

[(A) determined by the department based upon the severity and relevance of the conviction and the applicant’s conviction and permit compliance history; and]

[(B) up to a period of five calendar years.]

[(b) Review of agency decision to refuse issuance.]

[(1) An applicant for a permit or permit renewal may request a review of a decision of the department to refuse issuance of a permit or permit renewal (as applicable).]

[(2) An applicant seeking review of a decision of the department must submit a written request for review within 10 working days of being notified by the department that the application for a permit or permit renewal has been denied.]

[(3) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.]

[(4) The department shall seek to conduct the review within 30 days of receipt of the request required by paragraph (2) of this subsection unless another date is established in writing by mutual agreement between the department and the requestor.]

[(5) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with knowledge of relevant resources or programs, appointed or approved by the executive director or designee.]

[(6) The decision of the review panel is final.]

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

Issued in Austin, Texas, on

The amendment is proposed under Parks and Wildlife Code, Chapter 67, which authorizes the commission to establish any limitations on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species.

The proposed amendment affects Parks and Wildlife Code, Chapter 67.

§57.384. Refusal to Issue[; Review of Agency Decision to Refuse Issuance].

[(a)] The department may refuse to authorize any prospective activity on any water body or impose restrictions on permitted species, water bodies, devices, or live transfer if the department determines that:

(1) – (4) (No change.)

[(5) the applicant or assistant(s) have been:]

[(A) convicted of, pleaded guilty or nolo contendere to, or received deferred adjudication for a violation of Parks and Wildlife Code or a regulation of the commission; or]

[(B) convicted, pleaded guilty or nolo contendere, received deferred adjudication or pre-trial diversion, or assessed a civil penalty for a violation of 16 U.S.C. §§3371 — 3378 (the Lacey Act); or]

[(C) the department has evidence that the applicant is acting on behalf of or as a surrogate for another person not eligible for a permit under this subsection.]

[(b) An applicant for a permit under this subchapter may request a review of a decision of the department to refuse issuance of a permit or permit renewal.]

[(1) An applicant seeking review of a decision of the department with respect to permit issuance under this subchapter shall submit a written request to the department within 10 working days of being notified by the department of permit denial.]

[(2) The department shall conduct the review and notify the applicant of the results within 10 working days of receiving a request for review. The decision of the review panel shall be final.]

[(3) The request for review shall be presented to a review panel. The review panel shall consist of the following:]

[(A) the Deputy Executive Director for Natural Resources (or his or her designee);]

[(B) the Director of the Inland Fisheries Division (or his or her designee), as appropriate; and]

[(C) a department employee designated by the Director of the Inland Fisheries Division.]

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

Work Session Item No. 5
Exhibit E

SUNSET ADVISORY COMMISSION REGULATORY RECOMMENDATIONS

AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL

CONFORMING CHANGES – CHAPTER 65. WILDLIFE

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §65.230 and amendments to §§65.154, concerning Issuance of Permit; Amendment and Renewal; 65.255, concerning Bobcat Dealer Permits; 65.264, concerning Permit Application Requirements; 65.329, concerning Permit Application; 65.363, concerning Nuisance Alligator Control; 65.376, concerning Possession of Live Fur-bearing Animals; and 57.384, concerning Refusal to Issue; Review of Agency Decision to Refuse Issuance.

In another proposed rulemaking published elsewhere in this edition of the Texas Register, the department would establish a uniform process for decisions to refuse issuance or renewal of non-recreational licenses and permits for which such processes are not prescribed by statute. As a result, conforming changes must be made in order to eliminate conflicts with current rules regarding those processes. The proposed amendments would eliminate the current rules governing agency decisions to refuse permit issuance or renewal for various permits and licenses and retitle affected sections where necessary.

2. Fiscal Note.

There will be no effect on persons required to comply with the rules as proposed.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the establishment of a uniform process for an informal review of a department decision to refuse to issue or renew all nonrecreational permits or licenses identified by the Sunset Advisory Commission for which a statutorily created review process is not provided.

(B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rules have no effect on small businesses, micro-businesses, or rural communities. On this basis, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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

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

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules 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 a fee;

(5) not create a new regulation;

(6) not expand an existing regulation;

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

(8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

5. Statutory Authority.

The amendment is proposed under Parks and Wildlife Code, §43.109, which authorizes the commission to make regulations governing management of wildlife or exotic animals by the use of aircraft, including procedures for permit applications and rules to require, limit, or prohibit any activity as necessary to implement the subchapter.

The proposed amendment affects Parks and Wildlife Code, Chapter 43.

6. Rule Text.

§65.154. Issuance of Permit; Amendment and Renewal.

(a) Upon the filing of a properly executed application and payment of the fee specified by §53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits), the department may issue or renew an AMP to an individual if:

(1) [the applicant has not failed to disclose any material information required, or has not made any false statement regarding any material fact in connection with the application;]

[(2)] the applicant will use the AMP only for the purpose of protecting or aiding in the administration or protection of land, water, wildlife, livestock, domesticated animals, human life, or crops; and

(2)[(3)] the AMP requested, in the judgment of the department, will aid in the management of wildlife and exotic animals and will not have a deleterious effect on indigenous species.

(b) – (c) (No change.)

[(d) The department may refuse to issue to or renew an AWMP for any person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication, or assessed an administrative penalty for a violation of:]

[(1) Parks and Wildlife Code, Chapter 43, Subchapter C, E, G, L, R, or R-1;]

[(2) a provision of the Parks and Wildlife Code that is not described by paragraph (1) of this subsection that is punishable as a Parks and Wildlife Code:]

[(A) Class A or B misdemeanor;]

[(B) state jail felony; or]

[(C) felony;]

[(3) Parks and Wildlife Code, §63.002;]

[(4) the Lacey Act (16 U.S.C. §§3371-3378); or]

[(5) 16 U.S.C. §742j-1 (commonly referred as the Airborne Hunting Act, or AHA).]

[(e) The department may refuse to issue an AMP to or renew an AMP for any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this subchapter from obtaining an AMP or engaging in AMP activities.]

[(f) An applicant for an AMP or AMP renewal may request a review of a decision of the department to refuse issuance of an AMP or AMP renewal (as applicable).]

[(1) An applicant seeking review of a decision of the department with respect to the issuance or renewal of an AMP must request the review within 10 working days of being notified by the department that the application has been denied.]

[(2) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.]

[(3) The department shall conduct the review within 30 days of receipt of the request required by paragraph (2) of this subsection, unless another date is established in writing by mutual agreement between the department and the requestor.]

[(4) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in the management of wildlife from aircraft, appointed or approved by the executive director, or designee.]

[(5) The decision of the review panel is final.]

(d)[(g)] No person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication for, or assessed an administrative penalty for an offense listed in this section may act or contract to act as a gunner for an AMP holder.

(e)[(h)] An AMP is not transferable or assignable.

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

Issued in Austin, Texas, on

The proposed amendment affects Parks and Wildlife Code, Chapter 67.

§65.255. Bobcat Dealer Permits.

(a) – (d) (No change.)

[(e) The department reserves the right to refuse tag issuance to any dealer not in compliance with the provisions of this subchapter.]

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

Issued in Austin, Texas, on

The amendment is proposed under Parks and Wildlife Code, Chapter 64, which authorizes the commission to prescribe eligibility requirements and fees for and issue any falconry, raptor propagation, or nonresident trapping permit.

The proposed amendment affects Parks and Wildlife Code, Chapter 64.

§65.264. Permit Application Requirements.

(a) – (f) (No change.)

[(g) The department may refuse permit issuance or renewal to any person who within five years of applying for a permit issued under the authority of this subchapter has been finally convicted of or received deferred adjudication for:

[(1) a violation of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R or Chapter 49;

[(2) a violation of Parks and Wildlife Code that is a Class B misdemeanor, a Class A misdemeanor, or felony; or

[(3) a violation of Parks and Wildlife Code, §63.002.]

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

Issued in Austin, Texas, on

The proposed amendment affects Parks and Wildlife Code, Chapter 67.

§65.329. Permit Application.

(a) – (b) (No change.)

[(c) The department may refuse permit issuance or renewal to any person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication, or been assessed an administrative penalty for a violation of:]

[(1) Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;]

[(2) Parks and Wildlife Code, Chapter 67;]

[(3) a provision of the Parks and Wildlife Code that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony;]

[(4) Parks and Wildlife Code, §63.002; or]

[(5) the Lacey Act (16 U.S.C. §§3371-3378).]

[(d) The department may prohibit any person from acting as an agent of any permittee if the person has been convicted of, pleaded nolo contendere to, received deferred adjudication, or been assessed an administrative penalty for an offense listed in subsection (c) of this section.]

[(e) The department may refuse to issue a permit to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this subsection from engaging in permitted activities.]

[(f) The department may refuse to issue or renew a permit to any person who is not in compliance with applicable reporting or recordkeeping requirements.]

[(g) An applicant for a permit or permit renewal may request a review of a decision of the department to refuse issuance of a permit or permit renewal (as applicable).]

[(h) An applicant seeking review of a decision of the department with respect to permit issuance must request the review within 10 working days of being notified by the department that the application for a permit or permit renewal has been denied.]

[(1) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.]

[(2) The department shall conduct the review within 30 days of receipt of the request required by subsection (g) of this section, unless another date is established in writing by mutual agreement between the department and the requestor.]

[(3) The request for review shall be presented to a review panel. The review panel shall consist of three department managers with expertise in the subject of the permit, appointed or approved by the executive director, or designee.]

[(4) The decision of the review panel is final.]

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

Issued in Austin, Texas, on

The amendment is proposed under Parks and Wildlife Code, §65.003, which authorizes the commission to promulgate regulations to provide for permit application forms, fees, and procedures, and hearing procedures.

The proposed amendment affects Parks and Wildlife Code, Chapter 65.

§65.363. Nuisance Alligator Control.

(a) (No change.)

(b) Permit Application and Issuance.

(1) (No change.)

(2) In addition to the provisions of Chapter 56 of this title (relating to Agency Decision to Refuse License or Permit Issuance or Renewal Based on Personal Conduct) the[The] department may refuse to issue a permit to any person who, in the department’s determination, lacks the skill, experience, or aptitude to adequately perform the activities typically involved in nuisance alligator control.

[(g) Denial of Permit Issuance. The department may refuse permit issuance to any person who has been convicted of, pleaded nolo contendere to, or received deferred adjudication for:]

[(1) a violation of Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R, or Parks and Wildlife Code, Chapter 65;]

[(2) a violation of Parks and Wildlife Code that is a Class B misdemeanor, a Class A misdemeanor, or a felony;]

[(3) a violation of Parks and Wildlife Code, §63.002; or]

[(4) convicted, pleaded nolo contendere, received deferred adjudication or pre-trial diversion, or assessed a civil penalty for a violation of 16 U.S.C. §§3371 — 3378 (the Lacey Act).]

[(h) Review of Agency Decision. An applicant for a permit under this subchapter may request a review of a decision of the department to refuse issuance of a permit.]

[(1) An applicant seeking review of a decision of the department with respect to permit issuance under this subchapter shall first contact the department within 10 working days of being notified by the department of permit denial.]

[(2) The department shall schedule a review within 10 days of receipt of a request for a review. The department shall conduct the review and notify the applicant of the results within 45 working days of receiving a request for review.]

[(3) The request for review shall be presented to a review panel. The review panel shall consist of the following, or their designees:]

[(A) the Deputy Executive Director for Fisheries and Wildlife;]

[(B) the Director of the Wildlife Division; and]

[(C) the Deputy Division Director of the Wildlife Division.]

[(4) The decision of the review panel is the final department decision.]

(g)[(i)] Prohibited Acts. It is an offense for a permittee to:

(1) violate a provision of this subchapter;

(2) violate a condition of a permit issued under this subchapter; or

(3) treat or allow the treatment of an alligator in a cruel manner as defined in Penal Code, §42.092.

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

Issued in Austin, Texas, on

The amendment is proposed under Parks and Wildlife Code, §71.002, which authorizes the commission to promulgate regulations to provide for permit application forms, fees, and procedures, and hearing procedures.

The proposed amendment affects Parks and Wildlife Code, Chapter 71.

§65.376. Possession of Live Fur-bearing Animals.

(a) – (f) (No change.)

[(g) The department may refuse permit issuance or renewal to any person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication, or been assessed an administrative penalty for a violation of:]

[(1) Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;]

[(2) Parks and Wildlife Code, Chapter 71;]

[(4) Parks and Wildlife Code, §63.002; or]

[(5) the Lacey Act (16 U.S.C. §§3371-3378).]

[(h) The department may prohibit any person from acting as an agent of any permittee if the person has been convicted of, pleaded nolo contendere to, received deferred adjudication, or been assessed an administrative penalty for an offense listed in subsection (g) of this section.]

[(i) The department may refuse to issue a permit to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this subsection from engaging in permitted activities.]

[(j) The department may refuse to issue or renew a permit to any person who is not in compliance with applicable reporting or recordkeeping requirements.]

[(k) An applicant for a permit or permit renewal may request a review of a decision of the department to refuse issuance of a permit or permit renewal (as applicable).]

[(l) An applicant seeking review of a decision of the department with respect to permit issuance must request the review within 10 working days of being notified by the department that the application for a permit or permit renewal has been denied.]

[(1) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.]

[(2) The department shall conduct the review within 30 days of receipt of the request required by subsection (k) of this section, unless another date is established in writing by mutual agreement between the department and the requestor.]

[(4) The decision of the review panel is final.]

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

Issued in Austin, Texas, on

The repeal is proposed under Parks and Wildlife Code, Chapter 43, Subchapter H, which authorizes the commission to adopt rules to implement that subchapter, including rules governing the circumstances required to qualify for a permit.

The proposed repeal affects Parks and Wildlife Code, Chapter 71.

§65.230. Permit Denial.

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

Work Session Item No. 5
Exhibit F

SUNSET ADVISORY COMMISSION REGULATORY RECOMMENDATIONS

AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL

CONFORMING CHANGES – CHAPTER 69. RESOURCE PROTECTION

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §69.303, concerning Application for Permit and Permit Issuance.

In another proposed rulemaking published elsewhere in this edition of the Texas Register, the department would establish a uniform process for decisions to refuse issuance or renewal of non-recreational licenses and permits for which such processes are not prescribed by statute. As a result, conforming changes must be made in order to eliminate conflicts with current rules regarding those processes. The proposed amendments would eliminate the current rules governing agency decisions to refuse permit issuance or renewal for various permits and licenses and retitle affected sections where necessary.

2. Fiscal Note.

There will be no effect on persons required to comply with the rules as proposed.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the establishment of a uniform process for an informal review of a department decision to refuse to issue or renew all nonrecreational permits or licenses identified by the Sunset Advisory Commission for which a statutorily created review process is not provided.

(B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rules have no effect on small businesses, micro-businesses, or rural communities. On this basis, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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

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

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules 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 a fee;

(5) not create a new regulation;

(6) not expand an existing regulation;

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

(8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

5. Statutory Authority.

The amendment is proposed under Parks and Wildlife Code, §43.022, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation.

The proposed amendment affects Parks and Wildlife Code, Chapter 43.

6. Rule Text.

§69.303. Application for Permit and Permit Issuance.

(a) (No change.)

[(b) The department may refuse permit issuance or renewal to any person who has been finally convicted of, pleaded nolo contendere to, received deferred adjudication, or been assessed an administrative penalty for a violation of:]

[(1) Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, or R;]

[(2) a provision of the Parks and Wildlife Code that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony;]

[(3) Parks and Wildlife Code, §63.002; or]

[(4) the Lacey Act (16 U.S.C. §§3371-3378).]

[(c) The department may prohibit any person from acting as an agent of any permittee if the person has been convicted of, pleaded nolo contendere to, received deferred adjudication, or assessed an administrative penalty for an offense listed in subsection (b) of this section.]

[(d) The department may refuse to issue a permit to any person the department has evidence is acting on behalf of or as a surrogate for another person who is prohibited by the provisions of this section from engaging in permitted activities.]

[(e) The department may refuse to issue or renew a permit to any person who is not in compliance with applicable reporting or recordkeeping requirements.]

[(f) An applicant for a permit or permit renewal may request a review of a decision of the department to refuse issuance of a permit or permit renewal (as applicable).]

[(g) An applicant seeking review of a decision of the department with respect to permit issuance must request the review within 10 working days of being notified by the department that the application for a permit or permit renewal has been denied.]

[(1) Within 10 working days of receiving a request for review under this section, the department shall establish a date and time for the review.]

[(2) The department shall conduct the review within 30 days of receipt of the request required by subsection (f) of this section, unless another date is established in writing by mutual agreement between the department and the requestor.]

[(4) The decision of the review panel is final.]

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

Work Session Item No. 6
Presenter: Monica McGarrity

Work Session
Proposed Amendments to the Exotic Harmful or Potentially Harmful Fish,
Shellfish, and Aquatic Plants Rules
Request Permission to Publish Proposed Changes in the Texas Register
May 25, 2022

I. Executive Summary: The Texas Parks and Wildlife Department (TPWD) staff is seeking permission to publish proposed amendments to rules governing exotic harmful or potentially harmful fish, shellfish, and aquatic plants in the Texas Register.

II. Discussion: Texas Parks and Wildlife Code Chapter 66 delegates the authority to publish a list of harmful or potentially harmful exotic fish, shellfish, and aquatic plants to the Texas Parks and Wildlife Commission (Commission) and to regulate the importation, possession, sale, and introduction of such species into public waters. Invasive exotic aquatic species pose significant threats to Texas’ native species, ecosystems, and recreational opportunities, and can cause economic damage and are difficult and costly (if not impossible) to manage following invasion. Regulations play a pivotal role in preventing the introduction of new species that could impact native species and ecosystems. Current rules allow for the issuance of a controlled exotic species permit for purposes of zoological/educational display, under which the sale or intentional propagation of controlled exotic species is prohibited. The department believes that educating the public about the threat of exotic species is important and therefore that there is value and public benefit in the issuance of controlled exotic species permits for that purpose. However, TPWD also considers that the most appropriate and effective vehicles for such educational efforts are entities established and operated for the purpose of educating the public about natural history, ecology, and the sciences (i.e., zoos, aquaria, nature centers, and so forth). The department is concerned that the display of controlled exotic species in commercial and retail environments where animals and/or aquatic plants are sold to the public is problematic because it could result in public perception that the controlled exotic species on display in such environments, even if the specimens are not for sale, are appropriate, desirable, or lawful for hobbyists to obtain. This in turn could drive market demand for exotic species and pose additional threats to native species and ecosystems, as one of the main components of the spread of exotic species is their intentional or accidental release to the wild. Therefore, the proposed rule amendments would restrict the issuance of controlled exotic species permits for zoological display only to facilities that TPWD determines are engaged in bona fide educational activities and do not engage in the sale of animals or aquatic plants.

Attachment – 1

Exhibit A – Proposed Exotic Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants Rules

Work Session Item No. 6
Exhibit A

HARMFUL OR POTENTIALLY HARMFUL FISH, SHELLFISH AND AQUATIC PLANTS

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §57.111, concerning Definitions, and §57.114, concerning Controlled Exotic Species Permits. The proposed amendments would function in concert to remove ambiguity concerning the circumstances under which the department issues permits authorizing the possession of controlled exotic species for zoological display purposes. The purpose of the rules in this subchapter is to minimize to the greatest extent possible the documented and unquestioned risk posed to indigenous species and ecosystems by exotic fish, shellfish, and aquatic plants. The department considers this threat to encompass not only the direct threat posed by possession of such species and their accidental or intentional release, but the indirect threat posed by lack of public awareness of their dangers, including perceptions that exotic species are somehow benign, unimportant, or not worth worrying about. To this end, the department maintains a robust, continuous public relations effort to educate and equip the public with information about the dangers posed by exotic species.

Current rule allows for the issuance of an exotic species permit for purposes of educational display, under which the sale or intentional propagation of controlled exotic species is prohibited. As noted earlier in this discussion, the department believes that educating the public about the threat of exotic species is important and therefore that there is value and public benefit in the issuance of controlled exotic species permits for that purpose; however, the department also considers that the most appropriate and effective vehicles for such educational efforts are entities established and operated for the purpose of educating the public about natural history, ecology, and the sciences (museum, aquaria, nature centers, and so forth). The department is concerned that the display of controlled exotic species in commercial and retail environments where animals, and/or aquatic plants are sold to the public is problematic because it could result in public perception that the controlled exotic species on display in such environments, even if the specimens are not for sale, are appropriate, desirable, or lawful for hobbyists to obtain, which in turn could drive market demand for exotic species and pose additional threats to native species and ecosystems, as one of the main components of the spread of exotic species is their intentional or accidental release to the wild for various reasons. Therefore, the proposed amendments would function in concert to restrict the issuance of controlled exotic species permits for zoological display only to facilities that the department determines are engaged in bona fide educational activities and do not engage in the sale of fish, shellfish, wildlife, or aquatic plants.

The proposed amendment to §57.111, concerning Definitions, would define ”zoological facility” as “A zoo, aquarium, nature center, or other, similar facility that is open to the public, operated for the purpose of furthering scientific understanding, encouraging management and conservation, or furthering awareness and understanding of biology, and does not engage in commercial or retail activities involving the sale of animals or aquatic plants.”

The proposed amendment to §57.114, concerning Controlled Exotic Species Permits, would provide for the issuance of permits authorizing the possession of controlled exotic species for purposes of educational display at a zoological facility that the department has determined exists for the bona fide purpose of educating the public and not for any ancillary or additional commercial purpose that involves the sale of animals or aquatic plants.

2. Fiscal Note.

Monica McGarrity, Senior Scientist for Aquatic Invasive Species in the Inland Fisheries Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local government as a result of administering or enforcing the rules.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be the protection of native species and ecosystems from the threat of exotic harmful or potentially harmful aquatic species.

(B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that because it is unlawful under current rule for any person to whom a zoological display permit has been issued to sell or propagate the species authorized to be possessed, the proposed rules will not result in any direct economic costs to any small business, micro-business, or rural community; therefore, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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

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

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules 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) not create or expand a new regulation;

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

(7) not positively or adversely affect the state’s economy.

4. Statutory Authority.

The amendments are proposed under the authority of Parks and Wildlife Code, §66.007 and §66.0072, which authorize the department to make rules necessary to authorize the import, possession, sale, or introduction of harmful or potentially harmful exotic fish, shellfish, and aquatic plants.

The proposed amendments affect Parks and Wildlife Code, Chapter 66.

5. Rule Text.

§57.111. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) — (36) (No change.)

(37) Zoological facility — A zoo, aquarium, nature center, or other, similar facility that is:

(A) open to the public;

(B) operated for the purpose of furthering scientific understanding, encouraging management and conservation, or furthering awareness and understanding of biology; and

(C) does not engage in commercial or retail activities involving animals or aquatic plants

§57.114. Controlled Exotic Species Permits.

(a) – (d) (No change.)

(e) Zoological Display. Permits may be issued for [zoological] display of controlled exotic species in a zoological facility in accordance with the provisions of this subchapter. The sale or intentional propagation of controlled exotic species under this permit is prohibited.

(f) (No change.)

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

Issued in Austin, Texas, on

Work Session Item No. 9
Presenter: Mitch Lockwood

Work Session
Chronic Wasting Disease (CWD) Detection and Response Rules – Containment and Surveillance Zone Boundaries – Request Permission to Publish Proposed Changes in the Texas Register
May 25, 2022

I. Executive Summary: With this item, staff seeks permission to publish proposed amendments to rules establishing disease management zones for the control of chronic wasting disease (CWD) in the Texas Register for public comment. The proposed amendments include:

Kimble County
- Create a Containment Zone (CZ) to include the premise where CWD was detected in a deer breeding facility and adjacent release site. Mandatory sampling required as well as carcass movement restrictions.
- Expand SZ #5 to include the city of Junction which will allow hunters to take whole carcasses to processing facilities.
Duval County
- Create an SZ to include all land between US 281 to the east, SH 44 to the south, US 59 to the west, and FM 624 to the north. Mandatory sampling required as well as carcass movement restrictions.
Bandera, Medina, and Uvalde counties
- Extend CZ #3 southward because of new CWD case in the southern part of the zone.

II. Discussion:

Staff proposes a slight expansion of the SZ in Kimble County to include the city of Junction, Texas, which would allow hunters to take whole carcasses to processing facilities. Detection of CWD in two white-tailed deer during the 2021-22 hunting season on a release site adjacent to a CWD-positive deer breeding facility prompted staff to recommend creation of a CZ to include the CWD-positive premise as well as all adjacent properties. Existing rules for all other containment zones in Texas would apply.

Following the detection of CWD in a Duval County deer breeding facility during the summer of 2021, staff proposes the establishment of an SZ for which CWD sampling would be mandatory and carcass movement restrictions would apply.

The detection of CWD in a hunter-harvested white-tailed deer in the southern portion of CZ #3 in south-central Texas necessitates a slight southward expansion of that zone.

Attachment – 1

Exhibit A – Proposed Rules

Work Session Item No. 9
Exhibit A

DISEASE DETECTION AND RESPONSE RULES

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §65.81 and §65.82, concerning Disease Detection and Response. The proposed amendments would establish one new containment zone (CZ) 6, expand existing CZ 3, create a new surveillance zone (SZ) 8, and modify existing SZ 5 to either implement or improve surveillance efforts as part of the agency’s effort to manage chronic wasting disease (CWD).

Chronic wasting disease (CWD) is a fatal neurodegenerative disorder that affects some cervid species, including white-tailed deer, mule deer, elk, red deer, sika, and their hybrids (referred to collectively as susceptible species). It is classified as a TSE (transmissible spongiform encephalopathy), a family of diseases that includes scrapie (found in sheep), bovine spongiform encephalopathy (BSE, found in cattle and commonly known as “Mad Cow Disease”), and variant Creutzfeldt-Jakob Disease (vCJD) in humans.

Much remains unknown about CWD. The peculiarities of its transmission (how it is passed from animal to animal), infection rate (the frequency of occurrence through time or other comparative standard), incubation period (the time from exposure to clinical manifestation), and potential for transmission to other species are still being investigated. What is known is that CWD is invariably fatal to certain species of cervids, and is transmitted both directly (through animal-to-animal contact) and indirectly (through environmental contamination). If CWD is not contained and controlled, the implications of the disease for Texas and its multi-billion-dollar ranching, hunting, wildlife management, and real estate economies could be significant.

The department has engaged in several rulemakings over the years to address the threat posed by CWD, including rules to designate a system of zones in areas where CWD is confirmed, within which the possession and movement of live deer under department permits is restricted and harvested deer are required to be presented at check stations to be tested for CWD.

A CZ is a specific location in which CWD has been detected or the department has determined, using the best available science and data, that CWD detection is probable. Designation of a CZ imposes mandatory carcass movement restrictions, and the department may impose mandatory check station rules that require all deer harvested within a CZ to be presented at a check station.

The proposed amendment to §65.81, concerning Containment Zones; Restrictions, would enlarge current CZ 3 in Medina County in response to the detection of CWD in another deer within the current CZ. On February 3, 2022, the department received confirmation that a free-ranging 5.5-year-old female white-tailed deer within the current CZ had tested positive for CWD. The action enlarges the current CZ in order to comport the CZ with existing parameters for containment zones and is necessary to provide for additional surveillance within the recalculated parameters.

On February 26, 2020, the department received confirmation that a 5.5-year-old female white-tailed deer in a deer breeding facility in Kimble County had tested positive for CWD. Two white-tailed deer harvested on a release site associated with the index facility subsequently tested positive (January 12, 2022 and February 18, 2022, respectively). The proposed amendment would establish new CZ 6 in response to these discoveries.

The proposed amendment to §65.82, concerning Surveillance Zones; Restrictions, would enlarge Surveillance Zone 5 in Kimble County to include the city of Junction, which would allow hunters to transport carcasses to processors and taxidermists in Junction without carcass movement restrictions.

The proposed amendment would also create new SZ 8 in Duval County in response to the detection of CWD in a deer breeding facility. A SZ is a department-defined geographic area in this state within which the department has determined, using the best available science and data, that the presence of CWD could reasonably be expected.

Within CZs and SZs, the movement of live deer is restricted and if the department has established mandatory check stations, the presentation of harvested deer at a department check stations is required. In addition, deer carcass movement restrictions set forth in §65.88 of Subchapter B, Division 1 apply. The boundaries of the proposed CZ and SZs have been tailored to as much as possible follow recognizable features such as roadways, water bodies, and county boundaries, and the department notes that any designation of a CZ or SZ is always accompanied by a robust public awareness effort.

2. Fiscal Note.

Mitch Lockwood, Big Game Program Director, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rules as proposed, as department personnel currently allocated to the administration and enforcement of disease management activities will administer and enforce the rules as part of their current job duties and resources.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be a reduction of the probability of CWD being spread from locations where it might exist and an increase in the probability of detecting CWD if it does exist, thus ensuring the public of continued enjoyment of the resource and also ensuring the continued beneficial economic impacts of hunting in Texas.

(B) There could be adverse economic impact on persons required to comply with the rules as proposed. Such impacts would be identical to those described in the analysis of the rules’ potential effect on small businesses, microbusinesses, and rural communities elsewhere in this preamble.

(C) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, and rural communities. As required by Government Code, §2006.002(g), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. These guidelines state that “[g]enerally, there is no need to examine the indirect effects of a proposed rule on entities outside of an agency’s regulatory jurisdiction.” The guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to small businesses and micro-businesses to determine if any further analysis is required. The guidelines also list examples of the types of costs that may result in a “direct economic impact.” Such costs may include costs associated with additional recordkeeping or reporting requirements; new taxes or fees; lost sales or profits; changes in market competition; or the need to purchase or modify equipment or services.

For the purposes of this analysis, the department considers all deer breeders to be small or microbusinesses, which ensures that the analysis captures all deer breeders possibly affected by the proposed rulemaking. The department has determined that there are a total of 13 deer breeding facilities (other than breeding facilities where CWD has been detected, which are prohibited from transferring deer under other rules) within the proposed SZ 8 (Duval County). Under current rule, a deer breeding facility that is within a SZ and MQ (Movement Qualified, which is the authorization to transfer deer) may transfer to or receive breeder deer from any other MQ deer breeding facility in this state and deer from a deer breeding facility located outside a SZ may be released within a SZ if authorized by Division 2 of this subchapter. All the deer breeding facilities in proposed SZ 8 are designated MQ; therefore, the department has determined that there will be no adverse economic impact for those permittees because they will be able to operate normally, provided they are compliant with existing rules in order to remain MQ.

The department has determined that the proposed rules will not affect rural communities.

(D) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not result in direct impacts to 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 new rules. Any impacts resulting from the discovery of CWD in or near private real property would be the result of the discovery of CWD and not the proposed rules.

(G) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules 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) not create a new regulation;

(6) expand an existing regulation (by creating new areas subject to the rules governing CZs and SZs), but will otherwise not limit or repeal an existing regulation;

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

(8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

Comments on the proposed rule may be submitted to Mitch Lockwood, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (830) 792-9677 (email: mitch.lockwood@tpwd.texas.gov); or via the department’s website at https://www.tpwd.texas.gov.

5. Statutory Authority.

The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter C, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation; Subchapter E, which requires the commission to adopt rules for the trapping, transporting, and transplanting of game animals and game birds, urban white-tailed deer removal, and trapping and transporting surplus white-tailed deer; Subchapter L, which authorizes the commission to make regulations governing the possession, transfer, purchase, sale, of breeder deer held under the authority of the subchapter; Subchapters R and R-1, which authorize the commission to establish the conditions of a deer management permit for white-tailed and mule deer, respectively; and §61.021, which provides that no person may possess a game animal at any time or in any place except as permitted under a proclamation of the commission.

The proposed amendments affect Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, R, R-1, and Chapter 61.

6. Rule Text.

§65.81 Containment Zones; Restrictions. The areas described in paragraph (1) of this section are CZs.

(1) Containment Zones.

(A) – (B) (No change.)

(C) Containment Zone 3 is that portion of the state lying within the area designated as Containment Zone 3 as depicted in the following figure, more specifically described by the following latitude-longitude coordinate pairs: -99.37150859160, 29.63847446060; -99.37149088670, 29.63846662930; -99.37140891920, 29.63848553940; -99.37060541260, 29.63866345050; -99.36979991580, 29.63883435770; -99.36899250760, 29.63899824440; -99.36818326920, 29.63915509460; -99.36737228030, 29.63930489330; -99.36655962200, 29.63944762460; -99.36574537420, 29.63958327440; -99.36492961890, 29.63971182950; -99.36411243690, 29.63983327680; -99.36329390830, 29.63994760490; -99.36247411610, 29.64005480240; -99.36165314010, 29.64015485800; -99.36083106340, 29.64024776200; -99.36000796690, 29.64033350600; -99.35918393260, 29.64041208020; -99.35835904140, 29.64048347690; -99.35753337730, 29.64054768950; -99.35670702030, 29.64060471180; -99.35588005420, 29.64065453800; -99.35505256020, 29.64069716300; -99.35422462000, 29.64073258190; 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Figure: 31 TAC §65.82 — 1

(D) – (E) (No change.)

(F) Containment Zone 6. Containment Zone 6 is that portion of the state lying within the area designated as Containment Zone 6 as depicted in the following figure, more specifically described by the following latitude-longitude coordinate pairs: -99.64149620530, 30.33874131980; -99.64368509530, 30.33881527790; -99.64586372900, 30.33901321630; -99.64802278630, 30.33933428830; -99.65015302980, 30.33977711870; -99.65224534450, 30.34033981470; -99.65429077770, 30.34101996710; -99.65628057710, 30.34181466700; -99.65820622800, 30.34272051420; -99.66005948830, 30.34373363190; -99.66183242590, 30.34484968550; -99.66351745180, 30.34606390020; -99.66510735200, 30.34737107880; -99.66659531760, 30.34876562900; -99.66797497780, 30.35024158170; -99.66924042170, 30.35179262020; -99.67038622830, 30.35341210660; -99.67046477880, 30.35354140340; -99.67147782260, 30.35460588970; -99.67153230830, 30.35466602360; -99.67188955110, 30.35506746450; -99.67307523230, 30.35651392490; -99.67312410770, 30.35657758260; -99.67320399680, 30.35668212250; -99.67419784160, 30.35807240520; -99.67454916760, 30.35859625790; -99.67490548510, 30.35911757060; -99.67503636190, 30.35931074510; -99.67551615580, 30.36002520870; -99.67559374500, 30.36014136260; -99.67626717380, 30.36115489090; -99.67635111830, 30.36128196820; -99.67635731860, 30.36129141260; -99.67702442120, 30.36230808630; -99.67772804480, 30.36343779160; -99.67786171250, 30.36366423400; -99.67809406440, 30.36406546940; -99.67822368020, 30.36429367690; -99.67830297560, 30.36443424190; -99.67837167020, 30.36455843800; -99.67856992290, 30.36489829520; -99.67891470550, 30.36548187040; -99.67926295430, 30.36606391440; -99.67965466960, 30.36671044570; -99.67976457160, 30.36689341470; -99.68033394380, 30.36784958850; -99.68069940250, 30.36848209490; -99.68110363450, 30.36923041450; -99.68115288840, 30.36932507690; -99.68164128190, 30.37031201670; -99.68186455470, 30.37079983660; -99.68190772670, 30.37089670500; -99.68244431460, 30.37219104650; -99.68252472940, 30.37240318770; -99.68256168900, 30.37250197030; -99.68292311190, 30.37353270560; -99.68339519710, 30.37497458840; -99.68340763060, 30.37501266300; -99.68385461430, 30.37638495130; -99.68388655430, 30.37648115870; -99.68392076900, 30.37656326040; -99.68419881580, 30.37725784890; -99.68482271700, 30.37907927560; -99.68530790520, 30.38093217980; -99.68565229720, 30.38280862860; -99.68585440850, 30.38470058780; -99.68591336530, 30.38659995700; -99.68582890890, 30.38849860270; -99.68560139020, 30.39038839380; -99.68523177540, 30.39226123790; -99.68472164090, 30.39410911390; -99.68407316160, 30.39592410690; -99.68328910920, 30.39769844280; -99.68237283390, 30.39942452120; -99.68132825340, 30.40109494840; -99.68015983740, 30.40270256770; -99.67887258500, 30.40424049180; -99.67747200500, 30.40570213190; -99.67596409470, 30.40708122550; -99.67435530910, 30.40837186230; -99.67265253920, 30.40956851340; -99.67086307820, 30.41066604980; -99.66920922530, 30.41155292840; -99.66558968940, 30.41337003040; -99.66497058320, 30.41391929180; -99.66336153640, 30.41520979110; -99.66165850930, 30.41640629650; -99.65986879620, 30.41750367980; -99.65800006350, 30.41849723880; -99.65606031690, 30.41938271650; -99.65405786830, 30.42015631680; -99.65200129780, 30.42081472460; -99.64989941800, 30.42135511900; -99.64776123680, 30.42177518250; -99.64559591810, 30.42207311640; -99.64341274240, 30.42224764220; -99.64149516520, 30.42229851800; -99.63885349220, 30.42230298220; -99.63719834400, 30.42230575200; -99.62890505410, 30.42231930720; -99.62857293300, 30.42231983860; -99.62857258110, 30.42231983940; -99.62853562830, 30.42231989810; -99.62853525040, 30.42231989880; -99.62470336720, 30.42232597020; -99.62442926150, 30.42232542820; -99.62223849030, 30.42225114130; -99.62005802410, 30.42205280100; -99.61789720740, 30.42173125720; -99.61576530140, 30.42128788980; -99.61367144290, 30.42072459720; -99.61162460530, 30.42004379510; -99.60963355960, 30.41924840030; -99.60770683680, 30.41834182150; -99.60585269270, 30.41732794490; -99.60407907050, 30.41621111470; -99.60239356740, 30.41499611640; -99.60080340260, 30.41368815750; -99.59931538690, 30.41229284120; -99.59793589010, 30.41081614710; -99.59667081880, 30.40926440230; -99.59552558690, 30.40764425470; -99.59450509380, 30.40596264510; -99.59361370580, 30.40422677810; -99.59285523420, 30.40244408940; -99.59223291930, 30.40062221490; -99.59174942070, 30.39876895810; -99.59140679900, 30.39689225700; -99.59120651520, 30.39500014900; -99.59114919160, 30.39313280380; -99.59115375540, 30.39242219590; -99.59118380940, 30.38774221940; -99.59119753520, 30.38560486270; -99.59124320070, 30.37849282500; -99.59124342770, 30.37846075860; -99.59132973720, 30.37656217650; -99.59155907020, 30.37467255410; -99.59193043630, 30.37279998160; -99.59244223560, 30.37095247640; -99.59309227100, 30.36913794860; -99.59387775000, 30.36736416610; -99.59479530410, 30.36563872200; -99.59584099880, 30.36396900160; -99.59701035040, 30.36236215260; -99.59829834880, 30.36082505220; -99.59969947650, 30.35936427870; -99.60120773080, 30.35798608380; -99.60281665440, 30.35669636630; -99.60451935700, 30.35550064420; -99.60540738080, 30.35493733740; -99.60543808850, 30.35491852200; -99.60546294390, 30.35489405770; -99.60555613110, 30.35480272720; -99.60706423050, 30.35342446360; -99.60867299970, 30.35213467300; -99.61037554920, 30.35093887330; -99.61216459030, 30.34984218270; -99.61331695410, 30.34922963580; -99.61385007130, 30.34880216210; -99.61555249780, 30.34760629390; -99.61734141820, 30.34650953120; -99.61808901110, 30.34609451280; -99.61915992100, 30.34551720800; -99.62361034360, 30.34311791310; -99.62473042750, 30.34253992590; -99.62666891670, 30.34165492410; -99.62866995560, 30.34088175330; -99.63072498160, 30.34022372110; -99.63282520140, 30.33968364210; -99.63496162850, 30.33926382870; -99.63712512170, 30.33896607510; -99.63930642450, 30.33879165670; -99.64149620530, 30.33874131980.

Figure: 31 TAC 65.82 – 2

(G)[(F)] Existing CZs may be modified and additional CZs may be designated as necessary by the executive director as provided in §65.84 of this title (relating to Powers and Duties of the Executive Director).

(2) (No change.)

§65.82. Surveillance Zones; Restrictions. The areas described in paragraph (1) of this section are SZs.

(1) Surveillance Zones.

(A) – (D) (No change.)

(E) Surveillance Zone 5: That portion of the state lying within the boundaries of a line beginning on U.S. 83 at the Kerr/Kimble County line; thence north along U.S. 83 to I.H. 10; thence northwest along [on] I.H. 10 to South State Loop 481; thence west along South State Loop 481 to the city limit of Junction in Kimble County; thence following the Junction city limit so as to circumscribe the city of Junction before intersecting with F.M. 2169; thence east along F.M. 2169 to County Road (C.R.) 410; thence east along C.R. 410 to C.R. 412; thence south along C.R. 412 to C.R. 470; thence east along C.R. 470 to C.R. 420; thence south along C.R. 420 to F.M. 479; thence east along F.M. 479 to C.R. 443; thence south along C.R. 443 to U.S. 290; thence west along U.S. 290 to I.H. 10; thence southeast along I.H. 10 to the Kerr/Kimble County line; thence west along the Kerr/Kimble County line to U.S. 83.

(F) – (G) (No change.)

(H) Surveillance Zone 8: That portion of the state lying within the boundaries of a line beginning at the intersection of U.S. Highway 281 and Farm to Market Road 624 in Jim Wells County; thence northwest along F.M . 624 to U.S. Highway 59 in Live Oak County; thence southwest along U.S. 59 to State Highway 44; thence west on S.H. 44 to the city limit of Freer in Duval County; thence following the Freer city limit so as to circumscribe the city of Freer before intersecting with S.H. 44; thence eastward along S.H. 44 from the city limit of Freer to the city limit of Alice in Jim Wells County; thence following the Alice city limit to the south and east so as to circumscribe the city of Alice before intersecting with U.S. 281 North; thence north along U.S. 281 to F.M. 624.

(I)[(H)] Existing SZs may be modified and additional SZs may be designated as necessary by the executive director as provided in §65.84 of this title (relating to Powers and Duties of the Executive Director).

(2) (No change.)

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

Issued in Austin, Texas, on

Work Session Item No. 10
Presenter: Shaun Oldenburger

Work Session
Statewide Hunting Proclamation Correction of Error – Squirrel Seasons
Request Permission to Publish Proposed Changes in the Texas Register
May 25, 2022

I. Executive Summary: Staff seeks permission to publish a proposed amendment to harvest regulations for squirrel. The proposed amendment would reinstate provisions establishing season dates and bag limit in certain counties that were inadvertently omitted due to a publication error in the Texas Administrative Code that was not detected in time to allow for administrative correction of error.

II. Discussion: Texas Parks and Wildlife Code, Chapter 61, delegates the authority for establishing seasons, bag limits, and means and methods for taking fisheries resources for recreational purposes to the Texas Parks and Wildlife Commission (Commission). The proposed amendment would reinstate harvest regulations for squirrels that were inadvertently dropped during the administrative process following other changes to squirrel harvest regulations in 2021. Current department publications reflect the provisions intended by the Commission and no citations for violations of the absent provisions have been issued by the Law Enforcement Division. Regulatory action is necessary to ensure that the intended rule previously adopted by the Commission is in effect for the remainder of the license year and into the future.

Attachment – 1

Exhibit A – Correction of Error

Work Session Item No. 10
Exhibit A

Statewide Recreational HUNTING Proclamation

SQUIRRELS: OPEN SEASONS, BAG AND POSSESSION LIMITS

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes new 31 TAC §65.46, concerning Squirrel: Open Seasons, Bag and Possession Limits. The proposed amendment would re-establish the season dates and bag limits for squirrels in certain East Texas Counties to correct an administrative error.

In 2021 the department promulgated regulations that established an open season for squirrel in all counties that at that time were closed to squirrel hunting. Due to an administrative error, the rule in its entirety is not reflected in TAC and the season dates and bag limits for certain counties were omitted; therefore, rule action is necessary at this time to ensure that the intended squirrel harvest regulations are reinstated.

2. Fiscal Note.

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

3. Public Benefit/Cost Note.

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

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

(B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rule regulates an aspect of recreational license privilege that allows individual persons to pursue and harvest public wildlife resources in this state and therefore does not directly affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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

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

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

(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:

(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) not create a new regulation;

(6) not expand an existing regulation;

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

(8) not positively or adversely affect the state’s economy.

4. Request for Public Comment.

5. Statutory Authority.

The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 61, which requires the commission to regulate the periods of time when it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the means, methods, and places in which it is lawful to hunt, take, or possess game animals, game birds, or aquatic animal life in this state; the species, quantity, age or size, and, to the extent possible, the sex of the game animals, game birds, or aquatic animal life authorized to be hunted, taken, or possessed; and the region, county, area, body of water, or portion of a county where game animals, game birds, or aquatic animal life may be hunted, taken, or possessed. The amendments are also proposed under the authority of Parks and Wildlife Code, Chapter 42, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, or final processing requirements or provisions provided by Parks and Wildlife Code, Chapter 42.

The proposed amendments affect Parks and Wildlife Code, Chapter 61

6. Rule Text.

§65.46. Squirrel: Open Seasons, Bag and Possession Limits.

(a) In Anderson, Angelina, Bowie, Camp, Cass, Chambers, Cherokee, Delta, Fannin, Franklin, Freestone, Galveston, Gregg, Hardin, Harris, Harrison, Henderson, Hopkins, Houston, Hunt, Jasper, Jefferson, Lamar, Leon, Liberty, Limestone, Marion, Montgomery, Morris, Nacogdoches, Navarro, Newton, Orange, Panola, Polk, Rains, Red River, Robertson, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Titus, Trinity, Tyler, Upshur, Van Zandt, Walker, and Wood Counties, there is a general open season for squirrel.

(1) Open season: May 1-May 31 and October 1 through the last Sunday in February.

(2) Daily bag limit: 10 squirrels.

(3) Possession limit: 20 squirrels.

(b) – (c) (No change.)

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

Issued in Austin, Texas, on

Work Session Item No. 11
Presenter: Shaun Oldenburger

Work Session
Cormorant Control Permit Repeal Rules
Request Permission to Publish Proposed Changes in the Texas Register
May 25, 2022

I. Executive Summary: With this item staff seeks permission to publish in the Texas Register for public comment the proposed repeal of regulations governing the issuance and use of cormorant control permits.

II. Discussion: Texas Parks and Wildlife Code chapter 67 delegates authority to the Texas Parks and Wildlife Commission (Commission) to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that Texas Parks and Wildlife Department (TPWD) considers necessary to manage the species. The double-crested cormorant (Phalacrocorax auritus) is classified as a nongame species; however, it is also a federally protected species under the Migratory Bird Treaty Act of 1918 and federal approval is required to take, possess, or disturb the birds. The double-crested cormorant is a long-lived, colonial-nesting waterbird native to North America, and is an opportunistic and generalist feeder, preying on many species of fish. In many areas of the country, the double-crested cormorant is perceived as a nuisance species. The U.S. Fish and Wildlife Service (Service) in 1998 allowed certain states, including Texas, to conduct lethal control activities. In 2004, the Commission promulgated rules to allow the take of cormorants by persons acting as agents of TPWD to protect public fisheries resources. In 2018, the Service vacated federal regulations relating to control of depredating double-crested cormorants in response to a court order, at which point the department ceased issuing the state’s cormorant control permit. Staff has determined that if the Service at some point authorizes the resumption of control activities, it will be in a form and manner that will be incompatible with current rule; therefore, the current rule can be repealed.

Attachment – 1

Exhibit A – Proposed Rule

Work Session Item No. 11
Exhibit A

CORMORANT CONTROL PERMIT RULES

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §65.901, concerning Cormorant Control Permit.

The double-crested cormorant (Phalacrocorax auritus) is a long-lived, colonial-nesting waterbird native to North America, and is the most abundant of six species of cormorants occurring in North America. They are opportunistic and generalist feeders, preying on many species of fish, but concentrating on those that are easiest to catch. In many areas, the double-crested cormorant is regarded as a nuisance species. The double-crested cormorant is a protected species under the Migratory Bird Treaty Act of 1918, and federal approval is required to take, possess, or disturb them. The U.S. Fish and Wildlife Service (Service) in 1998 allowed U.S. Department of Agriculture Wildlife Services to conduct winter roost control on double-crested cormorants and later established a public resource depredation order to allow state wildlife agencies (including Texas), Tribes, and U.S. Department of Agriculture’s Wildlife Services to conduct control activities for the protection of public resources. Under the order, the department was allowed to authorize agents to conduct lethal control activities. The current rule created a mechanism to protect public fisheries resources from depredation by allowing persons acting as agents of the department to control double-crested cormorants by permit on specific tracts of land. In 2018, the Service vacated federal regulations relating to control of depredating double-crested cormorants in response to a court order, at which point the Department ceased issuing the state’s cormorant control permit. Staff has determined that if the Service at some point authorizes the resumption of control activities, it will be in a form and manner that will be incompatible with current rule; therefore, the current rule can be repealed.

2. Fiscal Note.

Shaun Oldenburger, Small Game Program Director, has determined that for each of the first five years the proposed repeal is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the repeal.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the repeal as proposed will be the elimination of a rule that is no longer functional.

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

(C) The department has determined that small or micro-businesses and rural communities will not be affected by the proposed repeal. 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 repeal 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 repeal.

(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 repeal.

(G) In compliance with the requirements of Government Code, §2001.0241, the department has prepared the following Government Growth Impact Statement (GGIS). The repeal 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) not create a new regulation;

(6) not expand or limit an existing regulation, but will 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 rule may be submitted to Shaun Oldenburger at 512-389-8012; by email at shaun.oldenburger@tpwd.texas.gov; or via the department website at https://www.tpwd.texas.gov.

5. Statutory Authority.

The new rule is proposed under the authority of Parks and Wildlife Code, Chapter 67, which authorizes the commission to establish any limits on the taking, possession, propagation, transportation, importation, exportation, sale, or offering for sale of nongame fish or wildlife that the department considers necessary to manage the species.

The proposed new rule affects Parks and Wildlife Code, Chapter 67.

6. Rule Text.

§65.901. Cormorant Control Permit.

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

Work Session Item No. 12
Presenter: Shaun Oldenburger

Work Session
Implementation of Legislation During the 87th Texas Legislative Session – House Bill 1728
Relating to Partnerships between the Texas Parks and Wildlife Department and Nonprofit Entities to Promote Hunting and Fishing by Certain Veterans
Request Permission to Publish Proposed Changes in the Texas Register
May 25, 2022

I. Executive Summary: With this item staff seeks permission to publish a proposed new rule concerning the promotion of hunting and fishing by military veterans. The proposed new rule would provide a process to select one or more nonprofit partners (NPP) that exclusively serve veterans to promote hunting and fishing by those veterans and provide guidelines under which a representative of or a veteran served by an approved NPP may engage in hunting or fishing activities under the program.

II. Discussion: House Bill 1728, enacted during the most recent regular session of the Texas Legislature, authorizes Texas Parks and Wildlife Department (TPWD) to select and cooperate with one or more NPP that exclusively serves veterans to promote hunting and fishing by those veterans. The bill authorizes a veteran who is a Texas resident and who is served by a selected nonprofit to hunt or fish on one day without holding the required license for that activity if accompanied by a representative of the NPP who holds the appropriate license. The bill requires TPWD to adopt rules governing “guidelines under which a representative of or a veteran served by a NPP may engage in hunting or fishing activities.” The proposed new rule (located at Exhibit A) would provide that the selection of one or more NPPs would be according to existing department rules regarding NPPs, as applicable, and would set forth the guidelines (including provisions for tagging, stamp endorsements, special provisions, and associated material) for participation in hunting and fishing activities by representatives of the NPP and veterans selected for hunting and fishing activities.

Attachment – 1

Exhibit A – Proposed Rule

Work Session Item No. 12
Exhibit A

PROMOTION BY NONPROFIT PARTNERS OF

HUNTING AND FISHING BY MILITARY VETERANS

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes new 31 TAC §51.168, concerning Promotion of Hunting and Fishing by Military Veterans. The proposed new rule would provide a process to select one or more non-profit partners (NPP) that exclusively serve veterans to promote hunting and fishing by those veterans and guidelines under which a representative of or a veteran served by an approved nonprofit partner may engage in hunting or fishing activities under this section.

House Bill 1728, enacted during the most recent regular session of the Texas Legislature, authorizes the department to select and cooperate with one or more nonprofit partners that exclusively serve veterans to promote hunting and fishing by those veterans. The bill authorizes a veteran who is a Texas resident and who is served by a selected nonprofit to hunt or fish on one day without holding the required license for that activity if accompanied by a representative of the nonprofit partner (NPP) who holds the appropriate license. The bill requires the department to adopt rules governing “guidelines under which a representative of or a veteran served by a nonprofit partner may engage in hunting or fishing activities.”

The proposed new rule would provide that the selection of one or more nonprofit partners would be according to existing department rules regarding nonprofit partners, as applicable, and would set forth the guidelines for participation in hunting and fishing activities by representatives of the NPP and veterans selected for hunting and fishing activities.

2. Fiscal Note.

Shaun Oldenburger, Small Game Program Director, has determined that for each of the first five years the proposed new rule is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rule.

3. Public Benefit/Cost Note.

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

(A) The public benefit anticipated as a result of enforcing or administering the rule as proposed will be compliant with the directives of the legislature.

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

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

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

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

(G) In compliance with the requirements of Government Code, §2001.0241, 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 rule may be submitted to Shaun Oldenburger at 512-389-8012; by email at shaun.oldenburger@tpwd.texas.gov; or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

The new rule is proposed under the authority of Parks and Wildlife Code, §11.208, which allows the commission to establish by rule the criteria under which the department may select the nonprofit partner and the guidelines under which a representative of or a veteran served by a nonprofit partner may engage in hunting or fishing activities provided by the nonprofit partner; Parks and Wildlife Code, §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, or final processing requirements or other similar requirements or provisions in Chapter 42; Parks and Wildlife Code, §43.402, which authorizes the commission to exempt by rule a person from requirements regarding purchase and possession of saltwater fishing stamps; §43.652, which authorizes the commission to exempt a person or class of persons by rule from the upland or migratory game bird stamp requirements; §43.802, which authorizes the commission to exempt a person by rule from the freshwater fishing stamp requirement; and §46.0086, which authorizes the commission by regulation to exempt a person from the finfish tag requirement of that chapter.

The proposed new rule affects Parks and Wildlife Code, Chapters 11, 42, 43, and 46.

6. Rule Text.

§51.168. Nonprofit Partnerships to Promote Hunting and Fishing by Resident Veterans.

(a) The department shall select one or more nonprofit partners (NPP) to promote hunting and fishing by residents of this state who are veterans of the United States Armed Forces. A prospective NPP under this section must exist exclusively to serve veterans of the United States Armed Forces. The selection process shall be conducted according to the applicable provisions of this subchapter, and shall occur at three-year intervals by means of a request for proposals published by the department.

(b) The following guidelines shall govern hunting and fishing activities under this section.

(1) An NPP must provide angling and hunting opportunities on private lands and/or public waters in Texas.

(2) Except as specifically provided in this section, hunting and fishing activities under this section shall be conducted in accordance with all regulations that prescribe seasons, bag limits, gear restrictions, lawful means and methods, and special provisions governing the take of wildlife resources. All federal requirements regarding hunting and fishing (duck stamp, CITES tag requirements, permits, certifications, gear, means and methods, etc.) continue to apply.

(3) Hunting and fishing opportunity provided by an NPP under this section:

(A) must be made available by means of a fair method of allocation or distribution to all veterans of the United States Armed Forces who are residents of this state; and

(B) must be advertised by the NPP by providing public notice.

(4) Hunting and fishing opportunity provided by an NPP shall be at no cost to participants, not to include travel, lodging, meals, and other expenses ancillary to hunting and fishing activities unless those costs are provided by the NPP at the discretion of the NPP.

(5) Not less than 30 days before any hunting or fishing activity may be provided or engaged in, an NPP shall complete and provide to the department on a form provided or approved by the department, the specific hunting and/or angling opportunities to be provided, to include the following, at a minimum:

(A) the specific location (address or name of ranch, property, or water body) where the activities are to occur;

(B) the dates that each activity will occur;

(C) the name and address of each participant, accompanied by proof of veteran status for each; and

(D) the name and address of each representative of the NPP who will be participating in the activity.

(6) The stamp endorsement requirements of Parks and Wildlife Code, Chapters 43, and 46 do not apply to wildlife resources taken under this subchapter.

(7) The representative of an NPP who accompanies a participant who engages in hunting activities shall immediately tag any animal or bird killed by a participant for which a tag is required under Parks and Wildlife Code, Chapter 42 with a tag issued by the department to the NPP for the hunting opportunity.

(8) The representative of an NPP who accompanies a participant who engages in fishing activities shall immediately tag any fish caught by a participant for which a tag is required under Parks and Wildlife Code, Chapter 46 with a tag issued by the department to the NPP for the fishing opportunity.

(9) A wildlife resource document provided by the department to the NPP and completed by the representative of an NPP who accompanies a participant who engages in hunting or fishing activities shall accompany any harvested wildlife resource or portion thereof not accompanied by a tag until the wildlife resource reaches:

(A) the possessor’s permanent residence and is finally processed;

(B) a final destination for deer; or

(C) a taxidermist.

(10) An NPP shall maintain a daily harvest log of hunting or fishing activity conducted.

(A) The daily harvest log shall be on a form provided or approved by the department.

(B) The representative of an NPP who accompanies a participant who engages in hunting or fishing activities shall, on the same day that a wildlife resource is killed or caught, legibly enter the following information in the daily harvest log:

(i) the name of the NPP representative;

(ii) the name of the person who killed or caught the resource;

(iii) the date that the wildlife resource was killed or caught;

(iv) the location the wildlife resource was killed or caught; and

(v) the species, sex (if deer, pronghorn, desert bighorn sheep, or turkey), and quantity of wildlife resource killed or caught.

(C) The daily harvest log shall be made available to any department employee acting in the performance of official duties upon request.

(D) The daily harvest log shall be retained by an NPP for a period of two years following the latest entry of hunting or fishing activity required to be recorded in the log.

(11) An NPP shall complete and submit an annual report to the department on a form prescribed or approved by the department.

(c) A person acting as a representative of an NPP under this section is not exempt from any licensing, stamp, documentation, or other rule of the department while engaging in hunting or fishing activities under this section.

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

Work Session Item No. 23
Presenter: James Murphy

Work Session
Litigation Update
May 25, 2022

I. Executive Summary: Attorneys for the Texas Parks and Wildlife Department will update and advise the Texas Parks and Wildlife Commission regarding pending or anticipated litigation.