August 24-25, 2022, Commission Meeting Agenda

Work Session

Commission Agenda Items

May 25-26, 2022, Transcripts

 

Commission Meeting Agenda Item No. 3
Presenter: Laura Carr

Action
Commission Policies
August 25, 2022

I.           Executive Summary: Staff seeks adoption of proposed revisions to Texas Parks and Wildlife Commission (Commission) policies. The proposed revisions make various substantive and non-substantive changes to update policies governing Commission responsibilities and delegations of authority.

II.     Discussion: Texas Parks and Wildlife Code, section 11.002 directs the Commission to “develop and implement policies that clearly separate the policymaking responsibilities of the commission and management responsibilities of the director and department staff.”  The department engaged in a comprehensive review of the 20 Commission policies to ensure they accurately represent current operations and responsibilities.  Based on this review, the department has proposed revisions to the policies to address outdated information, clarify processes and requirements, meet applicable legal standards, ensure consistency with department policies, and make minor grammatical and formatting changes.

A general summary of the major proposed changes is below:

The revised policies, including the recission of Commission Policy CP-011, are attached as Exhibit A.

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

“The Texas Parks and Wildlife Commission adopts revised policies as listed in Exhibit A and rescinds Commission Policy CP-011.  This Commission action is effective immediately and will remain in effect until repealed by the Commission voting in public session.”

Attachment – 1

  1. Exhibit A – Texas Parks and Wildlife Commission Policies

Commission Agenda Item No. 3
Exhibit A

Texas Parks and Wildlife Commission Policies

PREFACE

TEXAS PARKS AND WILDLIFE DEPARTMENT HISTORY AND MISSION

Texas Parks and Wildlife Department (TPWD) was created in 1963 with the merger of the Texas Game and Fish Commission and the State Parks Board. The merger allowed more centralized control and effective management of the state’s natural resources. In 1967, TPWD was given responsibility for acquisition and administration of state historic sites and structures. With passage of the Wildlife Conservation Act of 1983, TPWD was also given the authority for managing fish and wildlife resources (except oysters and shrimp) in all Texas counties. In 1985, the Texas Legislature extended the authority to manage shrimp and oysters, a role previously held almost exclusively by the legislature.

The mission of TPWD is to manage and conserve the natural and cultural resources of Texas and to provide hunting, fishing and outdoor recreation opportunities for the use and enjoyment of present and future generations. TPWD currently oversees approximately 50 wildlife management areas and over 80 state parks, historic sites, and natural areas. TPWD has thirteen divisions responsible for protecting, interpreting, and managing cultural and natural resources: Coastal Fisheries, Communications, the Executive Office, Financial Resources, Human Resources, Information Technology, Infrastructure, Inland Fisheries, Law Enforcement, Legal, State Parks, Support Resources, and Wildlife.

TEXAS PARKS AND WILDLIFE DEPARTMENT PHILOSOPHY

In fulfilling our mission, TPWD will:

TEXAS PARKS AND WILDLIFE COMMISSION

The Texas Parks and Wildlife Commission (Commission) consists of nine members appointed by the Governor with the advice and consent of the Senate. Commission members serve staggered terms of six years, with the terms of three members expiring every two years.

The Governor designates a presiding officer or chair of the Commission from among the members.  The Commission elects a vice-chair from among its members to serve a two-year term.

The Governor fills vacancies on the Commission, while vacancies in the office of chair and vice-chair are filled in the same manner as the original appointment or election.

Members of the Commission serve without pay but are entitled to reimbursement for their actual expenses incurred in attending meetings and to compensatory per diem as provided in the General Appropriations Act.

CP-001
OVERVIEW AND MEETINGS OF THE TEXAS PARKS AND WILDLIFE COMMISSION

COMMISSION OVERVIEW

Official Name of the Commission

Texas Parks and Wildlife Commission (Commission)

Election of Officers of the Commission

The Commission shall elect from among its members a vice-chair to serve a two-year period expiring the succeeding odd-numbered year.

Duties of the Commission

The Commission’s chief responsibility is the adoption of policies and rules to carry out all programs of Texas Parks and Wildlife Department (TPWD). The Commission approves the annual operating budget and the biennial appropriations request for submission to the Legislature, sets TPWD policy as required by statute, and appoints an Executive Director charged with the implementation of the daily administration and operations of TPWD.

Duties of the Commission directed by the Legislature are contained in Parks and Wildlife Code, Chapter 11. Regulations prescribing additional duties and requirements approved by previous actions of the Commission are found in the Texas Administrative Code (TAC) and this manual.

Duties of Officers

The Governor shall designate a member of the Commission as the presiding officer (Chair) of the Commission.  The Chair presides over all meetings of the Commission. The Vice-Chair performs the duties of Chair in case of the Chair’s absence or disability. Should the office of the Chair become vacant, the Vice-Chair shall serve until the Governor names a successor.

Committees

The Chair is delegated the authority to establish such committees as may be necessary to execute the duties and responsibilities of the Commission (Parks and Wildlife Code §11.0162).

COMMISSION MEETINGS

 

Schedule and Location

All Commission meetings, regular and special, shall be open to the public except where closed or executive sessions are authorized by the Texas Open Meetings Act (Gov’t Code, Chapter 551).

The Commission may meet as often as necessary but shall meet at least on a quarterly basis. The Commission shall also hold an annual public meeting to receive public comments concerning any issue relating to the Commission’s regulatory powers and duties.

The Commission determines the frequency of meetings, taking into consideration the needs of TPWD. Five members constitute a quorum, the minimum number of members that must be present at any meeting to deliberate and take action.

In accordance with Parks and Wildlife Code §61.103, statewide hunting and fishing proclamations must be adopted by a quorum of the Commission at a meeting held at the Commission’s office in Austin. Additionally, a proclamation may be adopted at any special or regular meeting of the Commission, for which the date and time are designated by the Commission.

Transaction of Business

The Commission may transact official business only when in session and shall not be bound in any way by any statement or action on the part of any individual member except when such statement or action is in pursuance of specific instructions of the Commission as a body. No final action shall be taken by the Commission except in open meeting and in accordance with the Texas Open Meetings Act (Gov’t Code, Chapter 551).

Agenda

Prior to each meeting, the Executive Director, in cooperation with the Chair, shall prepare and submit to each member of the Commission an agenda outlining matters that will be considered by the Commission (and such other matters, materials, and information as members have requested to be included for consideration).

Rules of Order

In its deliberations, the Commission shall be governed by Roberts’ Rules of Order, Revised, except as otherwise provided herein or by statute. The Executive Director shall serve as Sergeant-at-Arms.

Meeting Governance and Public Comment

Overview

The Commission respects the right of the public to offer input and comment as an important part of the Commission’s decision-making process at its meetings.

Commission meetings are governed by this policy subject to the laws of the State of Texas and the United States Constitution. The Texas Open Meetings Act generally requires the Commission provide public notice of specific matters it intends to deliberate and act upon at a meeting of a quorum of Commissioners. The Commission also must provide an annual opportunity for public comment on any matters within its jurisdiction, even if those matters are not listed on the agenda for that meeting, provided that the Commission may not take action in response to such general public comment in the absence of a specific agenda item that gives notice of possible Commission action (Parks and Wildlife Code §11.015).

Commission meetings, including those identified as work sessions, are open to the public, as provided in the Texas Open Meetings Act. In general, the Commission does not take action on the listed agenda items during work session meetings, and there is no opportunity for public comment. In some instances, the Commission may take emergency action during a work session meeting or reorder the agenda to deliberate and take action during the work session meeting to provide an efficient and orderly meeting.

The Commission may modify the open meeting and public comment procedures during declared disasters and other emergency situations, and in such instances will provide public notice of any changes.

Public Comment on Agenda Items Posted for Possible Commission Action

At meetings of the Commission where the Commission has given notice that it intends to or may act upon a specific matter, members of the public are invited to offer oral[1] public comment on those specific matters. Oral public comment in those Commission meetings is subject to the reasonable, content-neutral limits described in this policy. This policy enables voices to be heard in Commission meetings while allowing the Commission to conduct, in an orderly manner, its public business as the law requires. The presiding officer, at their discretion, may modify the public comment policy during a meeting. Any modifications will be reasonable and content neutral.

Prior to any Commission vote or action on a particular agenda item, each person who wishes to speak in person or by telephone must sign up on a form that is made available by the Clerk a reasonable time prior to the start of such meeting at the location of the meeting or as instructed in the public notice of the meeting.

After the presiding officer has called the specific agenda item to be considered, following any TPWD staff or other scheduled presentations, the presiding officer will announce an opportunity for oral comments on the specific agenda item. Members of the public who have timely submitted the form to offer public comment on the specific item will be called individually in the order determined by the presiding officer. All comments must be directly relevant to the specific agenda item.

Each person who seeks to offer comment is limited to a total time of not more than three minutes. A “stoplight” system is used to signal how much time a speaker has remaining. The yellow light means that a speaker’s time is almost over. The red light means that a speaker’s time is up, and the speaker must leave the podium. The presiding officer, at their discretion, may modify these time limits and rules during a particular meeting.

In addition to the oral public comments, the public can submit written comments by mail, email, in person, and online prior to action by the Commission. Written comments submitted in person should be submitted to the Clerk of the Commission (TPWD staff handling registration) with at least 15 copies at least 1 hour prior to the start of the meeting at which Commission action may be taken.  All written comments will be made available to the Commissioners. Comments may also be made electronically at https://tpwd.texas.gov/business/feedback/public_comment/ or delivered or mailed to: Executive Office, Texas Parks and Wildlife Department, 4200 Smith School Rd., Austin, TX 78744. The deadline for submission of written comments may be modified for rulemaking items and land transaction items in accordance with other applicable law, including but not limited to the Texas Administrative Procedure Act (Gov’t Code, Chapter 2001) and Parks and Wildlife Code, Chapter 26.

Public Comment at an Annual Public Meeting (General Public Comment Sessions)

At least once per year, the Commission holds an annual public meeting (as required by Parks and Wildlife Code §11.015(b)) at which general comments may be made by the public to the Commission. At these sessions, individuals have an opportunity to speak on any topic within the jurisdiction of the Commission. During a general public comment meeting, the Commission may not take action on the topics that are raised.

Prior to the beginning of a general public comment session, each person who wishes to make oral comments must complete, sign, and deliver to the Clerk a registration form that is made available by the Clerk a reasonable time prior to the start of such meeting at the location of the meeting. Individuals not providing oral testimony may still submit written comments.  All written comments and documentation provided by both speakers and non-speakers should be submitted to the Clerk of the Commission (TPWD staff handling registration) with at least 15 copies at least 1 hour prior to the start of the meeting.

During the general public comment session, the presiding officer shall determine the order in which persons who have submitted the registration form on time shall offer their oral comments.

Comments by any one speaker shall be limited to no more than two minutes during general public comment sessions. A “stoplight” system is used to signal how much time a speaker has remaining. The yellow light means that a speaker’s time is almost over. The red light means that a speaker’s time is up, and the speaker must leave the podium.

Groups of people who wish to address one topic are encouraged to confer and appoint one or more representatives to deliver the group’s comments rather than offering repetitious comments. The presiding officer, at their discretion, may reasonably modify these time limits and rules during a meeting.

 

Rules of Conduct for All Persons in Attendance at Commission Meetings

All speakers who address the Commission are prohibited from making profane or personally threatening remarks or comments to TPWD staff, to any member of the Commission, or to others in attendance. Any person who does so or engages in any behavior that substantially disrupts the orderly conduct of any Commission meeting shall, at the discretion of the presiding officer, be removed from the meeting room. During public comment on specific noticed action items (not a “general public comment” session), the presiding officer, at their discretion, may limit or prohibit speakers from making comments that do not relate to the specific noticed agenda item. Failure of a speaker or a member of the audience to comply with the presiding officer’s direction to cease comments or behavior that violates these rules is grounds for removal from the meeting room. Substantial disruption of a Commission meeting is a violation of Penal Code §42.05 (Class B Misdemeanor).

RECORDS

 

Minutes of Commission Meetings

Copies of the official minutes of each meeting of the Commission may be held within the Executive Office and are sent to the Texas State Library and Archives Commission (TSLAC), Archives and Information Services (ARIS) Division for preservation. Official copies of all Commission minutes shall be sent to the TPWD Records Management Branch, which is responsible for permanent retention of the minutes in accordance with the TPWD Records Retention Schedule. The Records Management Branch is also responsible for creating and sending the microfilm of the minutes to TSLAC. All Commission transcripts shall be published on the official TPWD website. These documents shall be available to any citizen desiring to examine them.

CP-002
GENERAL POLICIES OF THE TEXAS PARKS AND WILDLIFE COMMISSION

 

It is the policy of the Commission to:

CP-003
RESPONSIBILITIES OF THE TEXAS PARKS AND WILDLIFE COMMISSION

The Commission shall be responsible to the public for the overall conduct of TPWD with specific reference to:

The Commission shall adhere to the following guidelines:

Each Commission member should:

CP-004
ESTABLISHING NEW POLICIES AND AMENDING OR RESCINDING EXISTING POLICIES

The purpose of this policy is to establish requirements and best practices for the development, review, approval, and revision of all Texas Parks and Wildlife (TPW) Commission policies.

Policies state the Commission’s intent or position on a given subject and provide a basis for consistent decision-making and resource allocation. Commission policies are approved by vote of the TPW Commissioners.

ESTABLISHING NEW AND AMENDING EXISTING POLICIES

Requests for development or revisions of Commission policies may be initiated by any TPWD employee with approval of their Division Director. Prior to submission to the Commission Chair, policies are reviewed and approved by TPWD General Counsel, Chief Operating Officer (COO) and the Executive Director, in accordance with TPWD Policy on Developing and Revising Policies, Procedures, Plans, and Manuals (PD-04-01) and the Procedure on Developing and Revising Policies, Procedures, Plans, and Manuals (PD-04-01A).

All actions of the Commission that establish policy should be incorporated into a statement of policy enacted by resolution at a Commission meeting.

An existing policy should be amended by appropriate resolution enacted by the Commission. All amended policies published must show the date the amended policy is effective. Revisions involving only minor edits to an existing Commission policy may forego Division Director review but must receive final approval by the Executive Director before submission to the Chair. The term “minor edits” means document revisions that are incidental in nature, such as minor content rearrangement, formatting changes, or correcting misspellings, grammatical errors, or outdated links. The Chair may approve minor edits without a resolution and vote of the Commission.

The Policy Branch of the Support Resources Division is responsible for coordinating the development or revision of Commission policies.

RESCINDING EXISTING POLICY

An existing policy should be rescinded by appropriate resolution enacted by the Commission as of the date of such action or at an established future date, but the effective date cannot be made retroactive. 

DOCUMENT IDENTIFICATION

TPW Commission Policies use a systematic series of numbers and letters to identify and differentiate each policy. The Policy Branch and Legal Division staff, in consultation with the Executive Office, are responsible for assigning a title and document identifier at the time of approval.

CP-005
TRAVEL AND USE OF STATE PROPERTY AND SERVICES

TRAVEL

Members of the Commission are entitled to reimbursement for their actual expenses incurred in attending meetings and to the per diem as provided in the General Appropriations Act (Parks and Wildlife Code §11.016). Only those expenses authorized by the General Appropriations Act may be reimbursed.

USE OF STATE PROPERTY AND SERVICES

Members of the Commission may use state property and services to carry out official state business. Any personal use of state property, services, personnel, or other things of value is prohibited.

Members of the Commission have access to non-public information, and they may not use or disclose such information to benefit themselves or another.

CP-006
GIFTS, PRIVATE GRANTS, DONATIONS, AND BEQUESTS

The Commission is authorized to accept all bequests, gifts, and grants of money or property made to TPWD for carrying out the purpose set forth in the Parks and Wildlife Code. No person shall ever receive any payment for solicitation of any gift.

Current regulations require that gifts of money or property in the amount of $500 or more be approved by the Chair or Vice-Chair, or another commissioner authorized to accept gifts in accordance with Commission budget policy.  While the regulations allow certain TPWD staff to accept gifts contingent on Commission approval, any gift of real property or interests in real property may only be accepted by the Commission (31 TAC §51.70).

CP-007
REQUESTS FOR INFORMATION

It is the policy of the Commission that all requests for information received by the Commission regarding functions and services of TPWD be acknowledged and forwarded at the earliest possible time to the appropriate TPWD staff. The Public Information Act, Gov’t Code, Chapter 552, governs how the Commission responds to requests for public information. It is the desire of the Commission that all requests for information be treated uniformly, as required under the Public Information Act. Requests will be responded to without regard to the position, occupation, or status of the requestor, or the method by which the request was submitted.

Public information is defined as information that was made, transmitted, maintained, or received in connection with the official business of TPWD (Gov’t Code §552.002). This is regardless of whether the information is maintained in a private account or on a private device. However, the Commission is not required to create new information not already in existence to respond to a request. If a member of the Commission maintains information that is responsive to a request made under the Public Information Act, they will promptly provide that information to the appropriate TPWD staff member.

CP-008
PROTECTION, CONSERVATION, AND MANAGEMENT OF NATURAL AND CULTURAL RESOURCES

PURPOSE

This policy is established in recognition of the statutory responsibility of the Commission and TPWD to protect, conserve, manage, and interpret the state’s natural and cultural resources, and to aid in minimizing adverse impacts on these resources.

GENERAL POLICY STATEMENT

It shall be the policy of the Commission that TPWD activities be conducted, and TPWD facilities be managed, using sound principles of natural and cultural resource management in order to protect, conserve, and provide for the wise use and enjoyment of the state’s resources. These management principles shall be consistent with other TPWD objectives and legal obligations. Further, TPWD will serve as a model of compliance with the letter and spirit of natural and cultural resource laws and regulations.

When conducting TPWD activities and managing TPWD facilities, the following areas of responsibility will be considered.

Toxic and Hazardous Substances

The management of TPWD activities and facilities may require the use of toxic or hazardous substances, including pesticides and herbicides.  Responsible application and use of those substances must be undertaken only by personnel trained in their use, with equipment appropriate for use of the substances, and in full compliance with applicable laws. Alternatives to the use of those substances should be considered and adopted wherever practicable. Where alternatives are not available or practicable, the use of those substances should be kept to the minimum necessary to accomplish each task.

Sustainability

TPWD recognizes that sustainability is an important component of natural and cultural resource management. As a conservation agency, TPWD strives to lead in the area of sustainability and will encourage staff to participate in sustainable practices. In support of these efforts, TPWD will focus on four major categories: energy efficiency, water conservation, clean air and transportation, and waste management and recycling. In addition, TPWD will strive to integrate climate resilience efforts into the conservation of fish and wildlife, vegetation communities, and ecosystem functions, as well as the human use of natural systems.

In addressing sustainability, TPWD must balance the need for sustainability with the operational realities of TPWD sites and facilities (e.g., long-term maintenance, repair, life-cycle costs).  Prior to implementing sustainability measures, TPWD will consider feasibility and efficacy.

Natural and Cultural Resource Review

Internal TPWD resource review processes will be implemented to apply to permits and grant applications received or submitted by TPWD; major planning and management initiatives developed by TPWD; major construction and renovation projects undertaken by TPWD; and any departmental activity potentially affecting endangered resources. TPWD divisions will develop review processes to ensure TPWD actions are consistent with natural and cultural resource laws and with recommendations made by TPWD on projects proposed by other regulated entities.

The Executive Director is specifically directed to institute measures to ensure accountability for compliance with this policy, and may direct as appropriate, periodic audits for all TPWD programs and activities.

Public Outreach

As part of the review processes and/or in order to encourage public awareness of conservation principles, TPWD will distribute informational materials, develop programs, and provide other opportunities to engage with the public about TPWD’s conservation activities and the importance thereof to the public. The Executive Director shall authorize staff to implement efforts to educate the public about the value and importance of natural communities, cultural use of the natural environment, biodiversity, ecological principles, and natural and cultural resource management.

 

CP-009
BUDGET POLICY

 

It is the policy of the Commission to authorize the Executive Director or their designee to increase, decrease, or otherwise adjust the budget during the fiscal year based on revenue and expenditure information. Changes to the budget may include:

Any budget adjustments that exceed a threshold of $250,000, excluding federal and bond funds, require the prior approval of the Chair, Vice Chair, or Commissioner designee through such means as a conference call or memo.

Donations or gifts exceeding $500 shall be accepted on a monthly basis by the Chair, Vice-Chair, or commissioner designee, with Commission acknowledgement of the acceptance of the donations at each scheduled Commission meeting.

Subject to notification of the Commission of any changes to previously discussed purposes or uses of funds, TPWD is authorized to use dedicated accounts and sub-accounts for purposes consistent with those outlined in relevant law including administrative rules as set forth in the Texas Administrative Code.

REVIEW

The Commission shall review this policy at least annually.

CP-010
THE ROLE OF THE EXECUTIVE DIRECTOR IN RELATION TO THE COMMISSION AND THE PUBLIC

The Executive Director is accountable to the Commission for the overall operation of TPWD. Except as otherwise provided by law or directed by the Commission, the Executive Director may delegate to any employee of TPWD except the issuance of agency policy as they find necessary to carry out the Executive Director’s assigned powers and duties.

CP-011

AUTHORITY TO APPROVE DOCUMENTS INVOLVING APPROPRIATED FUNDS

 

By provisions of Section 11.039, Parks and Wildlife Code, the Executive Director is hereby authorized to delegate to any bonded employee of the Department authority to place their signatures on any account against appropriated revolving petty cash funds of the Department and to authorize the Comptroller of Public Accounts to draw warrants against the State Treasurer in payment of such accounts. The Commission shall be provided a copy of the official notification to the Comptroller of the Public Accounts of the delegation of such authority.

CP-012
EMPLOYEES SEEKING PUBLIC OFFICE

The Commission does not believe that it would be in the best interest of TPWD for any employee to continue working for TPWD after becoming a candidate for any partisan public office, nor would it be considered good policy for employees of TPWD to retain their position while running for partisan public office due to the possible political conflicts and reflections that might be cast upon TPWD with the community.

The Commission has therefore resolved that TPWD employees who desire to become candidates for any partisan public elective office shall resign from their position prior to or at the time of announcing their candidacy.

Nothing in this policy prohibits an employee from seeking or holding a non-partisan position on the governing bodies of school districts, cities, towns, or other local governmental districts as provided by law unless the employee’s salary is completely paid for by federal funds (5 U.S.C. §1502(a)(3)). If TPWD employees serve as members of these governing bodies, they may not receive a salary for that service (Texas Constitution Art. XVI, §40(b)).

 

CP-013
OUT-OF-STATE TRAVEL FOR DEPARTMENT EMPLOYEES

It is the policy of the Commission that employees, in the performance of their state duties, traveling out-of-state, including to Canada, Mexico, Hawaii, Alaska, and U.S. possessions, must ensure prior approval from their Division Director and the Chief Operating Officer (COO). For international travel outside the U.S., Canada, or Mexico, employees must ensure prior approval from their Division Director, COO, and the Executive Director.

 

CP-014
NAMING DEPARTMENT LANDS, FEATURES, AND FACILITIES

The Commission establishes the following criteria for considering names for TPWD land or features in order of preference for:

 

The Executive Director may grant naming rights for TPWD facilities to corporate sponsors, foundations, or individuals when:

CP-015
OFFICIAL NONPROFIT PARTNER

As provided in Parks and Wildlife Code §11.205, the Commission designated Texas Parks and Wildlife Foundation (Foundation) as the official nonprofit partner of TPWD. The Commission finds that the Foundation has worked in cooperation with TPWD and is dedicated to meeting TPWD goals.

The Foundation may use state money to acquire property or engage in construction activities, and accept gifts, grants, and donations to further TPWD goals. The Foundation may solicit and accept sponsorships from private entities. The Foundation shall comply with Parks and Wildlife Code §11.206 and the regulations governing non-profit partners in 31 TAC Chapter 51, Subchapter G.

 

CP-016
INVESTMENT POLICY

All funds paid to TPWD pursuant to Parks and Wildlife Code §11.042 or allocated to TPWD pursuant to Tax Code §151.801 must be deposited in the treasury with two exceptions: the Operation Game Thief Fund and the Texas Park Development Fund (Parks and Wildlife Code §21.101). The Operation Game Thief Fund is held outside the treasury and, as authorized by Parks and Wildlife Code §12.201, is invested according to rules adopted by the Operation Game Thief Committee. Therefore, the investment of the Operation Game Thief Fund is not governed by this Investment Policy. Although not required, the Texas Park Development Fund is and will continue to be deposited in the treasury and invested by the Comptroller of Public Accounts.

Parks and Wildlife Code §11.065 requires the Commission to adopt rules for investment of the Lifetime License Endowment Account. The Lifetime License Endowment Account is and will continue to be deposited in the treasury and invested by the Comptroller of Public Accounts.

In addition, TPWD has established an account at the Texas Treasury Safekeeping Trust Company, an organization created by the Texas Legislature to invest and safeguard funds for the state and various subdivisions whose sole shareholder and director is the Comptroller of Public Accounts.[2] TPWD’s account at the Texas Treasury Safekeeping Trust Company is for the purpose of accepting donations of marketable securities which shall be held only until accepted by the Commission. Donations of marketable securities shall be sold promptly upon acceptance by the Commission and the proceeds shall be deposited into the treasury.

OBJECTIVES OF TPWD

POLICY GUIDELINES

TEXAS PUBLIC FUNDS INVESTMENT ACT: INVESTMENT OFFICER DESIGNATION AND REPORTING

REVIEW

The Commission shall review this policy at least annually pursuant to Gov’t Code §2256.005.

 

CP-017
AUTHORITY OF THE EXECUTIVE DIRECTOR REGARDING OFF-SITE DRILLING FOR THE DEPARTMENT

 

In situations in which minerals are owned or held in trust by TPWD, the Commission hereby delegates the authority to make recommendations for TPWD property that is nominated for mineral lease to the Executive Director, under the following conditions:

 

CP-018
USE OF TECHNOLOGICAL SOLUTIONS

TPWD shall use appropriate technological solutions to continue to improve TPWD’s ability to carry out its mission. TPWD shall ensure that the public is able to interact with TPWD on the Internet. TPWD will continue to explore methods for providing information to the public and obtaining public input as technological innovations and methods of communication evolve.

 

CP-019
ALTERNATIVE DISPUTE RESOLUTION

USE OF ALTERNATIVE DISPUTE RESOLUTION

The Commission encourages the use of Alternative Dispute Resolution (ADR) procedures to resolve internal and external disputes under the agency’s jurisdiction, as provided in the Governmental Dispute Resolution Act (Gov’t Code, Chapter 2009).

ADR uses a wide variety of processes, both informal and formal, that are intended to achieve conflict resolution through agreement of the parties to the conflict. Those processes include but are not limited to mediation, arbitration, conciliation, consensus building, information exchange, public hearings, and facilitated meetings.

TPWD will determine whether ADR is appropriate for use in a dispute and may consult with other entities, such as the Office of the Attorney General.

ALTERNATIVE DISPUTE RESOLUTION PROCEDURES

The ADR procedures used by TPWD shall conform with Gov’t Code, Chapter 2009, and to the extent possible, the Alternative Dispute Resolution Guidelines developed by the State Office of Administrative Hearings.

ADR procedures used under this policy supplement and do not limit other dispute resolution procedures available for use by TPWD.  Any resolutions reached will be by the voluntary agreement of the parties.

ALTERNATIVE DISPUTE RESOLUTION COORDINATOR

The TPWD General Counsel or another appropriate agency employee shall serve as the TPWD ADR Coordinator. The ADR Coordinator shall implement this policy, serve as a resource for training needed to implement this policy, and collect data concerning the effectiveness of ADR used by TPWD.

In addition, as appropriate and to the extent that funds are available, TPWD may contract with a qualified neutral third party to facilitate an ADR process. In facilitating an alternative dispute resolution process, the ADR Coordinator and any neutral third party with whom TPWD contracts will comply with applicable professional standards and guidelines.

TYPES OF DISPUTES

Among the matters that should be considered for ADR are rule development, contract disputes, contested cases, employment disputes, and litigation, subject to the following:

RULEMAKING

To the extent possible and practicable, in developing rules, TPWD staff is encouraged to seek input from the public and from persons and groups that may be impacted by the rule. Such input should be obtained in a manner that is likely to provide the most meaningful participation by the public and by impacted persons or groups. Such input should be in addition to the notice and comment requirements of the rulemaking provisions of the Administrative Procedure Act (Gov’t Code, Chapter 2001). The mechanisms that staff are encouraged to employ in seeking input include but are not limited to the following:

In determining whether to solicit input in developing a recommendation for proposed rule, staff should consider the significance of the anticipated rule and the scope of its impact. If it is determined that the solicitation of input is appropriate in developing a rulemaking recommendation, staff should strive to select a method of soliciting input that is most likely to obtain meaningful and representative input. In determining the appropriate method of soliciting input, staff should consider, among other things, the size and location of the population impacted by the rule (including whether the impact is localized or statewide), the nature of the impact (e.g., financial, recreational), the extent of the impact, whether there are competing interests, and the degree to which persons impacted are sophisticated in the rulemaking process.

 

CP-020
AUTHORITY OF THE EXECUTIVE DIRECTOR REGARDING EASEMENTS

The Commission has delegated to the Executive Director, or the Executive Director’s designee, the authority to negotiate terms and conditions for the granting and/or renewal of certain easements for third-party use of TPWD lands, and to renew those easements consistent with TPWD policies and procedures. At the Executive Director’s sole discretion, the Executive Director may refer to the Commission the granting or renewal of any easement. All easements and renewals must be consistent with TPWD policy and applicable statutes.

The Executive Director may grant easements on TPWD lands that:

The Executive Director may renew easements on TPWD lands that:

The Executive Director may acquire easements on private lands that:

Footnotes

  1. Upon request, TPWD provides auxiliary aids and services, such as interpreters for the deaf and hearing impaired, readers, and large print or Braille documents. In determining the type of auxiliary aid or service, TPWD gives primary consideration to the individual's request. Those requesting auxiliary aids or services should notify the contact person listed on the meeting notice several days before the meeting by mail, telephone, or RELAY Texas. TTY: 7-1-1. Return to text for footnote 1
  2. TPWD jointly manages another Texas Treasury Safekeeping Trust Company account for the purpose of holding funds recovered under federal and state laws by the designated natural resource trustees for the State of Texas (TPWD, General Land Office, and Texas Commission on Environmental Quality) for restoration of natural resources lost or injured by the unauthorized discharge or release of oil or hazardous substances. A decision on use and any investment of these funds is exclusively the joint decision of the designated natural resource trustees and does not involve the Commission. Return to text for footnote 2