TPWD: Wednesday, 9:00 a.m., March 22, 2023 Commission Meeting Agenda

March 22-23, 2023, Commission Meeting Agenda

Work Session

Commission Agenda Items

January 25-26, 2023, Transcripts

Work Session

Wednesday, March 22, 2023
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
David Yoskowitz, Ph.D., Executive Director

Approval of the Previous Minutes from the Commission Work Session held January 25, 2023

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 – David Yoskowitz, Ph.D.
- Internal Affairs Update
- Staff Recognition
- Recovering America’s Wildlife Act Update
- Lesser Prairie Chicken Endangered Species Act Listing
- 2022 TPWD Volunteer Management Conference
- TPWD’s Accessibility Outreach Initiatives
- Legislative Update

Financial

Financial Overview – Reggie Pegues
~~Internal Audit Update – Brandy Meeks~~ WITHDRAWN

Natural Resources

Fishing Guide License Rules – Recommended Adoption of Proposed Changes – Kerry Spears (Action Item No. 1)
2023-2024 Statewide Recreational and Commercial Fishing Proclamation – Recommended Adoption of Proposed Changes – Michael Tennant, Dakus Geeslin (Action Item No. 2)
2023-2024 Migratory Game Bird Proclamation – Recommended Adoption of Proposed Changes – Owen Fitzsimmons (Action Item No. 3)
Chronic Wasting Disease Detection and Response Rules – Amendments to Surveillance Zone Delineations – Request Permission to Publish Proposed Changes in the Texas Register – Mitch Lockwood
Digital Licensing and Tagging Requirements – Request Permission to Publish Proposed Changes in the Texas Register – Chris Cerny

Land Conservation

Acquisition of Land – Navarro County – Approximately 126 Acres at Richland Creek Wildlife Management Area – Jason Estrella (Work Session and Executive Session) (Action Item No. 4)
Disposition of Real Property – Jasper County – Approximately 220 Acres of Land and 200 Acre-Feet of Water at the Jasper Fish Hatchery – Jason Estrella (Work Session and Executive Session) (Action Item No. 5)
Acquisition of Land – Goliad County – Approximately 40 Acres at Goliad State Park and State Historic Site – Jason Estrella (Work Session and Executive Session) (Action Item No. 6)
Grant of Utility Easement – Jack County – Approximately 7.5 Acres at Fort Richardson State Park, Historic Site, and Lost Creek Reservoir State Trailway – Jason Estrella (Work Session and Executive Session) (Action Item No. 7)
Fairfield Lake State Park – Rodney Franklin (Work Session and Executive Session)

Executive Session

Litigation Update – James Murphy (Executive Session Only)

Work Session Item No. 1
Presenter: David Yoskowitz, Ph.D.

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
March 22, 2023

I. Executive Summary: Executive Director David Yoskowitz, Ph.D. 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. Every five years, TPWD is statutorily required to evaluate its progress toward achieving the plan’s goal and objectives. Dr. Yoskowitz 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 Overview
March 22, 2023

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

II. Discussion: Staff will update the Texas Parks and Wildlife Commission on state park, boat registration and titling, and license fee revenues collected by TPWD for year-to-date Fiscal Year (FY) 2023. Staff will also summarize recent budget adjustments for FY 2023.

WITHDRAWN Work Session Item No. 3
Presenter: Brandy Meeks

Work Session
Internal Audit Update
March 22, 2023
I. Executive Summary: Staff will provide an update on Internal Audit activities and projects that have taken place since the last Texas Parks and Wildlife Commission meeting.

II. Discussion: Staff will present an update on the Texas Parks and Wildlife Department Fiscal Year (FY) 2022 and FY 2023 Internal Audit Plans. Staff will also provide an update on external audits and assessments.

Work Session Item No. 7
Presenter: Mitch Lockwood

Work Session
Chronic Wasting Disease Detection and Response Rules
Amendments to Surveillance Zone Delineations
Request Permission to Publish Proposed Changes in the Texas Register
March 22, 2023

I. Executive Summary: 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 would:

Reduce the geographic extent of the Surveillance Zone for portions of Duval, Jim Wells, Live Oak, and McMullen counties to include all properties that are located partially or entirely within two miles of the premises where CWD has been detected in a permitted deer breeding facility;
Reduce the geographic extent of the Surveillance Zone for Gillespie County previously created by emergency rule to include all properties that are located partially or entirely within two miles of the premises where CWD has been detected in a permitted deer breeding facility;
Reduce the geographic extent of the Surveillance Zone for Limestone County previously created by emergency rule to include all properties that are located partially or entirely within two miles of the premises where CWD has been detected in a permitted deer breeding facility;
Reduce the geographic extent of the western portion of the Surveillance Zone for Uvalde County to include all properties that are located partially or entirely within two miles of the premises where CWD has been detected in a permitted deer breeding facility;
Allow for the location of mandatory check stations outside the boundaries of a Surveillance Zone if necessary; and
Modify deer carcass restriction movement rules to provide for transportation of heads to check stations when check stations are outside the Surveillance Zone.

II. Discussion: Texas Parks and Wildlife Department (TPWD) began establishing CWD Containment Zones, Surveillance Zones, and Buffer Zones in 2012 following the detection of CWD in the Hueco Mountains. The purpose of those CWD Zones is to determine the geographic extent and prevalence of the disease while containing it by limiting the unnatural movement of live CWD-susceptible species as well as the movement of carcass parts. While Buffer Zones have been dissolved, there has been little change to Containment and Surveillance Zones, which have been established in ten areas of the state. TPWD has developed new guidelines to establish consistency for CWD Zone establishment and delineation and is establishing surveillance requirements to justify dissolution of Surveillance Zones. Surveillance requirements will be based on an epidemiological model that has been developed for each CWD zone and is more applicable to the management of CWD in those specific areas of Texas. The proposed amendments will allow staff to focus surveillance efforts on the areas of greatest concern. They will increase the likelihood of adequate sample distribution and representation, thereby increasing the detection probability if the disease exists in the native, free-ranging deer population. This will help staff justify dissolution of Surveillance Zones in the event no positive test results are received after achieving the desired sampling goal.

Attachment – 1

Exhibit A – Proposed Rules

Work Session Item No. 7
Exhibit A

DISEASE DETECTION AND RESPONSE RULES

PROPOSAL PREAMBLE

1. Introduction.

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§65.81, 65.85, and §65.88, concerning Disease Detection and Response.

The proposed amendments would function collectively to refine 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, although robust efforts to increase knowledge are underway in many states and countries. 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. There is currently no scientific evidence to indicate that CWD is transmissible to humans; however, both the CDC and the World Health Organization strongly recommend testing animals taken in areas where CWD exists, and if positive, recommend not consuming the meat. 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 has been confirmed. The purpose of those CWD zones is to determine the geographic extent and prevalence of the disease while containing it by limiting the unnatural movement of live CWD-susceptible species as well as the movement of carcass parts.

The department’s response to the emergence of CWD in captive and free-ranging populations is guided by the department’s CWD Management Plan (Plan) https://tpwd.texas.gov/huntwild/wild/diseases/cwd/plan.phtml. Developed in 2012 in consultation with the Texas Animal Health Commission, other governmental entities and conservation organizations, and various advisory groups consisting of landowners, hunters, deer managers, veterinarians, and epidemiologists, the Plan sets forth the department’s CWD management strategies and informs regulatory responses to the detection of the disease in captive and free-ranging cervid populations in the state of Texas. The Plan is intended to be dynamic; in fact, it must be so in order to accommodate the growing understanding of the etiology, pathology, and epidemiology of the disease and the potential management pathways that emerge as it becomes better understood through time. The Plan proceeds from the premise that disease surveillance and active management of CWD once it is detected are absolutely critical to containing it on the landscape. Accordingly, the first step in the department’s response to CWD detections is the timely establishment of management zones around locations where detection occurs. One type of management zone is the surveillance zone (SZ), defined by rule as “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 a SZ, the movement of live deer is subject to restrictions and 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 Texas Parks and Wildlife Commission recently directed staff to develop guidelines or a standard operating procedure (SOP) with respect to the establishment and duration of the various management zones, including SZs. At the January 2023 meeting of the commission, staff presented the SOP for establishing SZs in scenarios where CWD has been detected in a deer breeding facility but not at any release site associated with a breeding facility. In such cases, the department will not establish a SZ if the following can be verified: 1) the disease was detected early (i.e., it has not been in the facility long); 2) the transmission mechanism and pathway are known; 3) the facility was promptly depopulated following detection; and 4) there is no evidence that free-ranging deer populations have been compromised. If any of these criteria is not satisfied, an SZ will be established, to consist of all properties that are wholly or partially located within two miles of the property containing the positive deer breeding facility.

The proposed amendment to §65.81, concerning Surveillance Zones; Restrictions, would establish four surveillance zones (SZ 9, SZ 10, SZ 11, and SZ 12) and modify two existing SZs (SZ 3 and SZ 8). On August 30, 2022, the department received confirmation that a yearling white-tailed buck deer in a deer breeding facility located in Gillespie County had tested positive for CWD; additional testing at that facility resulted in another positive test confirming CWD in a male yearling white-tailed deer on September 20, 2022 and a six-year-old female on December 15, 2022. On September 12-13 and October 12, 2022, the department received confirmation that five female white-tailed deer of approximately three years of age in a deer breeding facility located in Limestone County had tested positive for CWD. In response, the department promulgated emergency rules (47 TexReg 7615) to establish surveillance zones surrounding the affected facilities. The emergency rule expired on March 4, 2023. The proposed amendment would use the normal rulemaking process to replace the SZs established by the emergency rule in accordance with the SOP. The proposed amendment also would modify existing SZ 8 in Duval County. Surveillance Zone 8 was established in response to the detection of CWD in a deer breeding facility. The proposed modification would shrink the size of the current SZ to be consistent with the SOP. Similarly, the proposed amendment would shrink existing SZ 3 in Medina, Bandera, and Uvalde counties. The current SZ, along with a CZ (containment zone), was established in response to the detection of CWD in a number of deer breeding facilities as well as in free-ranging deer on release sites associated with several facilities in Medina County, and was enlarged in response to the confirmation of CWD in two deer breeding facilities in adjacent Uvalde County (five positives (four males aged 1.5-3.4 years, one female aged 3.5 years) confirmed on March 29, 2021 at one deer breeding facility and one positive (male, 3.8 years of age) confirmed on June 15, 2021, at another deer breeding facility). The department has determined that the new SOP for SZs allows the current SZ 3 to be reduced in overall size, provided a separate SZ is created for each of the two properties in Uvalde County, which is consistent with the new SOP because deer from those facilities were not liberated to adjoining release sites and no additional positives have been detected in the current SZ surrounding those locations. Thus, the proposed amendment would essentially create two SZs in Uvalde County.

The proposed amendment to §65.85, concerning Mandatory Check Stations, would provide for the designation of mandatory check stations for SZs at locations other than within the SZ. The current rule stipulates that the department may establish mandatory check stations in SZs. Under the new SOP for delineation of SZs, however, it could be possible for a SZ to contain no suitable public locations where the department could set up a check station. Therefore, the proposed amendment would provide for the establishment of mandatory check stations for a given SZ that are not necessarily within the SZ. The department stresses that such check stations would be sited as close to the SZ as possible and the department would undertake robust public awareness measures as well as communication with landowners in the SZ.

The proposed amendment to §65.88, concerning Deer Carcass Movement Restrictions, would allow the head of a susceptible species taken within an SZ within which the department has not designated a mandatory check station to be transported outside of the SZ, provided such transfer is conducted immediately upon leaving the SZ where the susceptible species was taken and by the most direct route to the nearest department-designated mandatory check station. Under current rule, the head of a susceptible species taken in a SZ cannot be taken from the SZ unless accompanied by a department-issued check station receipt. The department’s SOP for SZs, described earlier in this preamble, presents the possibility that the department might be unable to establish mandatory check stations within a given SZ; therefore, the proposed amendment would allow for transport in such circumstances. The proposed amendment also would prescribe acceptable methods for the disposal of heads following presentation at a check station (if the head is not being taken to a taxidermist), which would be either return to the property where the animal was harvested or disposal in a landfill permitted by the Texas Commission on Environmental Quality. Because cranial and spinal tissues have the possibility of being infectious, they must be disposed of properly. Disposal at the location of harvest prevents dispersal of potentially infectious tissues to unexposed locations and landfill disposal at an accredited facility is an acceptable barrier to disease transmission.

2. Fiscal Note.

Mitch Lockwood, Big Game Program Director, 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 and local governments as a result of enforcing or administering the rule 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 amendment as proposed is in effect:

(A) The public benefit anticipated as a result of enforcing or administering the rule 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 eight 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), three deer breeding facilities within proposed SZ 9 (Gillespie County), two within proposed SZ 10 (Limestone County), and none within SZ or SZ 12 (Uvalde 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. With one exception, all the deer breeding facilities affected by the proposed amendment 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 exception is a single facility that is currently designated NMQ and therefore prohibited from transferring deer under current rule and not as a result of the proposed rule.

The department has determined that the proposed rule will not affect rural communities because the rule does not directly regulate any rural community.

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

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

(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 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 (e-mail: mitch.lockwood@tpwd.texas.gov); or via the department’s website at www.tpwd.texas.gov.

5. Statutory Authority.

The amendment is 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 amendment affects Parks and Wildlife Code, Chapter 43, Subchapters C, E, L, R, R-1, and Chapter 61.

6. Rule Text.

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

(1) Surveillance Zones.

(A) – (B) (No change.)

(C) Surveillance Zone 3. That portion of the state not within the CZ described in §65.81(1)(C) of this title (relating to Containment Zones; Restrictions) lying within a line beginning at the intersection of F.M. 1250 and U.S. Highway 90 in Hondo in Medina County; thence west along U.S. Highway 90 to [F.M. 1574 in Uvalde County; thence south along F.M. 1574 to F.M. 1023 (Garner Field Road); thence west along F.M. 1023 to County Road 373; thence south along County Road 373 to County Road 374; thence west along County Road 374 to F.M. 140; thence northwest along F.M. 140 to F.M. 117; thence north along F.M. 117 to U.S. Highway 83; thence southwest along U.S. Highway 83 to F.M. 1435; thence north along F.M. 143 to U.S. Highway 90; thence west along U.S. Highway 90 to F.M. 2369; thence northwest along F.M. 2369 to F.M. 1403; thence north along F.M. 1403 to State Highway 55; thence northwest along S.H. 55 to Indian Creek Road; thence northeast along Indian Creek Road to Lower Frio Ranch Road; thence southeast along Lower Frio Ranch Road to Deep Creek; thence southeast along Deep Creek to the U.S. Highway 83; thence north along U.S. Highway 83 to State Highway 127 in Concan; thence southeast along State Highway 127 to] the Sabinal River in Uvalde County; thence north along the Sabinal River to F.M. 187; thence north along F.M. 187 to F.M. 470 in Bandera County; thence east along F.M. 470 to Tarpley in Bandera County; thence south along F.M. 462 to 18th Street in Hondo; thence east along 18th Street to State Highway 173; thence[Thence] south along State Highway 173 to U.S. Highway 90 ; thence west along U.S. Highway 90 to Avenue E (F.M. 462); thence south along Avenue E (F.M. 462) to F.M. 1250; thence west along F.M 1250 to U.S. Highway 90.

(D) – (G) (No change.)

(H) Surveillance Zone 8.

(i) SZ 8 is that portion of Duval County lying within the area described by the following latitude-longitude coordinate pairs: -98.27174932070, 27.95642982020;

-98.27388849940, 27.95652170740; -98.27601633780, 27.95673759350; -98.27812373230, 27.95707655480; -98.28020166610, 27.95753714120; -98.28224124840, 27.95811738240;

-98.28423375210, 27.95881479580; -98.28617065090, 27.95962639760; -98.28804365580, 27.96054871560; -98.28984475060, 27.96157780350; -98.29156622620, 27.96270925800;

-98.29320071330, 27.96393823800; -98.29424069340, 27.96481101760; -98.30642858790, 27.97549504130; -98.30692921880, 27.97594346320; -98.30836946820, 27.97735119370;

-98.30970296670, 27.97883952330; -98.31092400210, 27.98040208240; -98.31202734290, 27.98203218360; -98.31300826060, 27.98372284990; -98.31386255010, 27.98546684490;

-98.31458654760, 27.98725670330; -98.31517714670, 27.98908476310; -98.31563181130, 27.99094319850; -98.31594858710, 27.99282405280; -98.31612610990, 27.99471927320;

-98.31616361140, 27.99662074460; -98.31606092310, 27.99852032470; -98.31581847640, 28.00040987900; -98.31543730170, 28.00228131520; -98.31491902360, 28.00412661810;

-98.31426585420, 28.00593788410; -98.31348058400, 28.00770735470; -98.31256656960, 28.00942745010; -98.31152771970, 28.01109080170; -98.31036847870, 28.01269028330;

-98.30909380710, 28.01421904230; -98.30770916090, 28.01567052860; -98.30652296870, 28.01677477150; -98.29476413900, 28.02715939820; -98.29446157480, 28.02742312300;

-98.29287488890, 28.02870162410; -98.29119732650, 28.02988528270; -98.28943607290, 28.03096902640; -98.28759867300, 28.03194821070; -98.28569299860, 28.03281863930;

-98.28372721490, 28.03357658150; -98.28216192700, 28.03408627840; -98.28212906620, 28.03409614390; -98.28209992850, 28.03411284900; -98.28209629310, 28.03411493290;

-98.28025876110, 28.03509401150; -98.27835296060, 28.03596433010; -98.27638705720, 28.03672215850; -98.27436947480, 28.03736424880; -98.27230885930, 28.03788784910;

-98.27021404140, 28.03829071510; -98.26809399880, 28.03857112010; -98.26595781780, 28.03872786210; -98.26381465380, 28.03876026950; -98.26167369230, 28.03866820320;

-98.25954410930, 28.03845205790; -98.25743503190, 28.03811276000; -98.25535549920, 28.03765176380; -98.25331442320, 28.03707104520; -98.25132055070, 28.03637309330;

-98.24938242580, 28.03556089930; -98.24750835300, 28.03463794430; -98.24570636160, 28.03360818380; -98.24398417140, 28.03247603080; -98.24234915950, 28.03124633730;

-98.24113442760, 28.03021886870; -98.23083475970, 28.02104737240; -98.23050872200, 28.02075285160; -98.22906895270, 28.01934417220; -98.22773612680, 28.01785493140;

-98.22651595000, 28.01629151040; -98.22541364430, 28.01466060750; -98.22443392620, 28.01296921000; -98.22358098620, 28.01122456380; -98.22285847120, 28.00943414270;

-98.22226946880, 28.00760561600; -98.22181649430, 28.00574681570; -98.22150148010, 28.00386570320; -98.22132576720, 28.00197033470; -98.22129010010, 28.00006882730;

-98.22139462340, 27.99816932350; -98.22163888140, 27.99627995700; -98.22202182030, 27.99440881740; -98.22254179260, 27.99256391580; -98.22319656450, 27.99075315070;

-98.22398332570, 27.98898427370; -98.22489870110, 27.98726485670; -98.22593876580, 27.98560225960; -98.22709906180, 27.98400359850; -98.22837461720, 27.98247571570;

-98.22975996750, 27.98102514990; -98.23106012000, 27.97982198190; -98.24826906240, 27.96478130770; -98.24845806380, 27.96461741060; -98.25004429250, 27.96333954100;

-98.25172121430, 27.96215649990; -98.25348165010, 27.96107334930; -98.25531806430, 27.96009472380; -98.25722259690, 27.95922481070; -98.25918709720, 27.95846733190;

-98.26120315840, 27.95782552820; -98.26326215380, 27.95730214530; -98.26535527320, 27.95689942250; -98.26747356090, 27.95661908260; -98.26960795410, 27.95646232490; and

-98.27174932070, 27.95642982020.

[(i) That portion of the state within the boundaries of a line beginning at the intersection of Farm to Market (F.M.) Road 624 and U.S. Highway (U.S.) 59 in Live Oak County; thence southwest along U.S. 59 to the intersection of County Road (C.R.) 101 in Duval County; thence southeast along C.R. 101 to North Julian Street in San Diego; thence south along Julian Street to State Highway (S.H.) 44; thence east on S.H. 44 to C.R. 145 in Jim Wells County; thence north along C.R. 145 to C.R. 172; thence east on C.R. 172 to C.R. 170; thence south on C.R. 170 to C.R. 120; thence east on C.R. 120; to U.S. 281; thence north on U.S. 281 to F.M. 624; thence west along F.M. 624 to U.S. 59.]

[(ii) For the purposes of this subchapter, the zone described in clause (i) of this subparagraph includes the following:]

[(I) the area within the city limits of Freer;]

[(II) the area within the city limits of Alice;]

[(III) the roadway and right-of-way of:]

[(-a-) U.S. 59 between the city of Freer and the intersection with C.R. 101;]

[(-b-) U.S. 44 between the city of Freer and the city of Alice; and]

[(-c-) U.S. 281 between the city of Alice and the intersection with F.M. 624.]

(ii)[(iii)] The zone established by this subparagraph ceases to exist two years from the effective date of this clause.

(I) Surveillance Zone 9. SZ 9 is that portion of Gillespie County lying within the area described by the following latitude-longitude coordinate pairs: -99.17353593810, 30.39743442450; -99.17375688290, 30.39743648560; -99.18452955870, 30.39756726460;

-99.18650306740, 30.39764152210; -99.18868707390, 30.39784203650; -99.19085128910, 30.39816590750; -99.19298645340, 30.39861174960; -99.19508343130, 30.39917765510;

-99.19713325040, 30.39986120300; -99.19912713940, 30.40065946870; -99.20105656550, 30.40156903680; -99.20291327150, 30.40258601540; -99.20468931010, 30.40370605310;

-99.20637707890, 30.40492435720; -99.20796935200, 30.40623571450; -99.20893862350, 30.40712458840; -99.20895081010, 30.40713624540; -99.20896777450, 30.40714183510;

-99.21010719770, 30.40753808480; -99.21210135430, 30.40833614830; -99.21403105790, 30.40924552080; -99.21588805010, 30.41026231130; -99.21766438250, 30.41138216910;

-99.21935245120, 30.41260030250; -99.22094502920, 30.41391149870; -99.22243529740, 30.41531014690; -99.22381687330, 30.41679026140; -99.22474340580, 30.41792590210;

-99.22480835100, 30.41796172760; -99.22658493020, 30.41908146200; -99.22827324780, 30.42029947810; -99.22986607570, 30.42161056390; -99.23135659370, 30.42300910870;

-99.23273841830, 30.42448912760; -99.23347804140, 30.42537038200; -99.23426138900, 30.42634143400; -99.23478898920, 30.42701533530; -99.23593618490, 30.42863897130;

-99.23695842220, 30.43032414290; -99.23785131870, 30.43206363690; -99.23861104520, 30.43385000730; -99.23923434200, 30.43567560700; -99.23971853280, 30.43753262050;

-99.24006153660, 30.43941309750; -99.24026187630, 30.44130898650; -99.24031868570, 30.44321216980; -99.24031522990, 30.44347512650; -99.24022535810, 30.44837008950;

-99.24014183540, 30.45000946140; -99.23991143100, 30.45190278830; -99.23953857940, 30.45377900510; -99.23902486900, 30.45563007650; -99.23837249220, 30.45744807400;

-99.23758423530, 30.45922521070; -99.23666346750, 30.46095387400; -99.23561412610, 30.46262665880; -99.23444070000, 30.46423639880; -99.23314821010, 30.46577619740;

-99.23174218850, 30.46723945750; -99.23022865440, 30.46861990940; -99.22861408870, 30.46991163820; -99.22690540570, 30.47110910870; -99.22510992410, 30.47220718960;

-99.22323533540, 30.47320117520; -99.22128967060, 30.47408680570; -99.21928126630, 30.47486028580; -99.21721872840, 30.47551830030; -99.21511089570, 30.47605802930;

-99.21296680130, 30.47647715950; -99.21079563440, 30.47677389450; -99.21067632870, 30.47678656200; -99.21066064460, 30.47678820260; -99.21064811580, 30.47679653780;

-99.21044461600, 30.47693085820; -99.20864883670, 30.47802870800; -99.20677396330, 30.47902245240; -99.20558507580, 30.47958005360; -99.20247846250, 30.48096772130;

-99.20228690650, 30.48105261060; -99.19918067420, 30.48241824050; -99.19861514510, 30.48266109800; -99.19660637810, 30.48343422190; -99.19454350000, 30.48409187060;

-99.19243535100, 30.48463122570; -99.19029096560, 30.48504997540; -99.18811953420, 30.48534632510; -99.18593036330, 30.48551900460; -99.18373283570, 30.48556727370;

-99.18153637020, 30.48549092560; -99.17935038070, 30.48529028750; -99.17718423650, 30.48496621930; -99.17504722140, 30.48452011010; -99.17294849400, 30.48395387180;

-99.17089704850, 30.48326993120; -99.16890167570, 30.48247121970; -99.16697092580, 30.48156116010; -99.16511307110, 30.48054365280; -99.16383762300, 30.47975512380;

-99.16050915070, 30.47759395960; -99.16032575160, 30.47747402290; -99.15703384190, 30.47530577870; -99.15671572630, 30.47509362850; -99.15502735320, 30.47387466140;

-99.15343468090, 30.47256263720; -99.15194452980, 30.47116317790; -99.15056328030, 30.46968228000; -99.14929684530, 30.46812628830; -99.14815064510, 30.46650186960;

-99.14790445390, 30.46611914430; -99.14788832480, 30.46609361990; -99.14786511870, 30.46607258170; -99.14672695110, 30.46498723950; -99.14534587130, 30.46350628560;

-99.14407960270, 30.46195024290; -99.14293356470, 30.46032577810; -99.14191266110, 30.45863985060; -99.14102125860, 30.45689968290; -99.14026316860, 30.45511272950;

-99.13964163080, 30.45328664480; -99.13915929960, 30.45142925030; -99.13881823260, 30.44954850150; -99.13861988230, 30.44765245290; -99.13856414440, 30.44603637950;

-99.13855946250, 30.44408935820; -99.13856040750, 30.44380220330; -99.13856402530, 30.44354532120; -99.13859897620, 30.44172302860; -99.13864757930, 30.43800444810;

-99.13864952570, 30.43787930220; -99.13878668950, 30.43027345620; -99.13887258090, 30.42859929050; -99.13910492460, 30.42670615000; -99.13947963620, 30.42483023090;

-99.13996435970, 30.42308994480; -99.14003555800, 30.42250973950; -99.14041023510, 30.42063381830; -99.14092566160, 30.41878314930; -99.14157962280, 30.41696565550;

-99.14236931130, 30.41518911770; -99.14329133930, 30.41346114070; -99.14434175290, 30.41178912120; -99.14551604940, 30.41018021600; -99.14680919670, 30.40864131110;

-99.14821565470, 30.40717899290; -99.14972939930, 30.40579951960; -99.15134394780, 30.40450879450; -99.15305238720, 30.40331234110; -99.15484740360, 30.40221527910;

-99.15672131320, 30.40122230270; -99.15866609560, 30.40033766070; -99.16067342780, 30.39956513830; -99.16273471980, 30.39890804060; -99.16484115140, 30.39836917910;

-99.16698370960, 30.39795085930; -99.16915322740, 30.39765487080; -99.17134042280, 30.39748248000; and -99.17353593810, 30.39743442450.

(J) Surveillance Zone 10. SZ 10 is that portion of Limestone County lying within the area described by the following latitude-longitude coordinate pairs:

-96.65881805040, 31.73430086730; -96.66104090900, 31.73442055060; -96.66324985920, 31.73466418940; -96.66543545060, 31.73503074110; -96.66758833200, 31.73551863760;

-96.66969929240, 31.73612579150; -96.67175929910, 31.73684960490; -96.67375953710, 31.73768698100; -96.67569144660, 31.73863433690; -96.67754675920, 31.73968761900;

-96.67931753350, 31.74084232030; -96.68099618930, 31.74209349980; -96.68257553940, 31.74343580330; -96.68404882080, 31.74486348640; -96.68462217160, 31.74547369050;

-96.69651116210, 31.75847900380; -96.69729893530, 31.75937567640; -96.69854199940, 31.76095532870; -96.69966152170, 31.76260105080; -96.70065270400, 31.76430579870;

-96.70151129640, 31.76606227520; -96.70223361620, 31.76786296150; -96.70281656340, 31.76970014900; -96.70325763400, 31.77156597240; -96.70355493140, 31.77345244330;

-96.70370717380, 31.77535148450; -96.70371370070, 31.77725496460; -96.70357447540, 31.77915473260; -96.70329008530, 31.78104265300; -96.70286173960, 31.78291064030;

-96.70229126460, 31.78475069440; -96.70158109530, 31.78655493390; -96.70073426590, 31.78831563060; -96.69975439640, 31.79002524240; -96.69864567720, 31.79167644570;

-96.69741285170, 31.79326216650; -96.69606119560, 31.79477561120; -96.69459649460, 31.79621029550; -96.69302501950, 31.79756007230; -96.69135349960, 31.79881915800;

-96.68958909370, 31.79998215730; -96.68773935940, 31.80104408660; -96.68741118830, 31.80121724920; -96.68017875870, 31.80498497550; -96.67857966770, 31.80576803130;

-96.67658323740, 31.80661450840; -96.67452621960, 31.80734763520; -96.67241742890, 31.80796426980; -96.67026590250, 31.80846176940; -96.66808086110, 31.80883800190;

-96.66587166950, 31.80909135460; -96.66364779630, 31.80922074180; -96.66141877320, 31.80922560890; -96.65919415410, 31.80910593500; -96.65698347370, 31.80886223310;

-96.65479620720, 31.80849554770; -96.65264172870, 31.80800745030; -96.65052927190, 31.80740003290; -96.64846788960, 31.80667589860; -96.64646641510, 31.80583815100;

-96.64453342460, 31.80489038020; -96.64267719970, 31.80383664790; -96.64090569260, 31.80268146970; -96.63922649130, 31.80142979580; -96.63764678780, 31.80008698950;

-96.63617334660, 31.79865880470; -96.63514113870, 31.79753453160; -96.63512907170, 31.79752070170; -96.63511132560, 31.79751246930; -96.63344919050, 31.79668870300;

-96.63159325040, 31.79563480890; -96.62982203250, 31.79447947590; -96.62814312390, 31.79322765480; -96.62656371510, 31.79188470960; -96.62509056930, 31.79045639480;

-96.62372999360, 31.78894883010; -96.62248781220, 31.78736847480; -96.62219922950, 31.78696681040; -96.61946413820, 31.78308965490; -96.61863431950, 31.78184492480;

-96.61764443320, 31.78013955960; -96.61678727190, 31.77838253570; -96.61606650000, 31.77658137960; -96.61548519690, 31.77474380640; -96.61504584440, 31.77287768670;

-96.61475031560, 31.77099101280; -96.61459986770, 31.76909186490; -96.61459513600, 31.76718837570; -96.61473613210, 31.76528869640; -96.61502224360, 31.76340096120;

-96.61545223660, 31.76153325270; -96.61602426190, 31.75969356750; -96.61673586220, 31.75788978150; -96.61758398340, 31.75612961660; -96.61856498750, 31.75442060760;

-96.61967466820, 31.75277006970; -96.62090826930, 31.75118506780; -96.62226050510, 31.74967238560; 96.62372558250, 31.74823849730; -96.62529722690, 31.74688953930;

-96.62696870810, 31.74563128450; -96.62873286980, 31.74446911720; -96.63058215960, 31.74340801060; 96.63111303750, 31.74313020830; -96.64027391640, 31.73843371330;

-96.64166940590, 31.73775591030; -96.64366469470, 31.73690995180; -96.64572041930, 31.73617729780; 96.64782778280, 31.73556108310; -96.64997776830, 31.73506394410;

-96.65216117680, 31.73468800780; -96.65436866660, 31.73443488260; -96.65659079340, 31.73430565150; and -96.65881805040, 31.73430086730.

(J) Surveillance Zone 11. SZ 11 is that portion of Uvalde County lying within the area described by the following latitude-longitude coordinate pairs: -99.65125892840, 29.37997244440; -99.64901351840, 29.37941401480; -99.64845146960, 29.37926298170;

-99.64642007180, 29.37858685430; -99.64444354350, 29.37779577780; -99.64253035400, 29.37689314240; -99.64068870050, 29.37588281650; -99.63892647290, 29.37476913010;

-99.63725121990, 29.37355685560; -99.63567011690, 29.37225118790; -99.63418993490, 29.37085772200; -99.63281701150, 29.36938242860; -99.63155722420, 29.36783162880;

-99.63041596490, 29.36621196710; -99.62939811680, 29.36453038250; -99.62890579820, 29.36359183460; -99.62806121330, 29.36305789800; -99.62638629870, 29.36184548510;

-99.62480553320, 29.36053968750; -99.62429303370, 29.36007754550; -99.62405653320, 29.35985950010; -99.62381874180, 29.35964253520; -99.62273207700, 29.35860163960;

-99.62135950160, 29.35712622890; -99.62010005700, 29.35557532250; -99.61895913350, 29.35395556520; -99.61873659380, 29.35360972870; -99.61862150420, 29.35342798500;

-99.61782652640, 29.35209215220; -99.61693676500, 29.35035577580; -99.61617856340, 29.34857213070; -99.61555516190, 29.34674885720; -99.61506922320, 29.34489376500;

-99.61503820540, 29.34475276260; -99.61494624750, 29.34432910810; -99.61463086570, 29.34259114510; -99.61442547730, 29.34069635380; -99.61436197100, 29.33879385100;

-99.61444061050, 29.33689178380; -99.61466105070, 29.33499829680; 99.61487321080, 29.33380912050; -99.61491150300, 29.33362019190; -99.61506063110, 29.33293256890;

-99.61556121170, 29.33108049280; -99.61619893460, 29.32926106910; 99.61697106210, 29.32748208660; -99.61732421150, 29.32676913270; -99.61746690720, 29.32649127370;

-99.61801697400, 29.32547330120; -99.61904740670, 29.32379784010; 99.61962570840, 29.32295977640; -99.61999500570, 29.32244439010; -99.62056993200, 29.32166962830;

-99.62184101280, 29.32012634080; -99.62322450720, 29.31865919800; 99.62471448910, 29.31727447850; -99.62532991110, 29.31675242370; -99.62534908130, 29.31673657650;

-99.62536140450, 29.31671616190; -99.62601184830, 29.31568933250; 99.62716487010, 29.31407645020; -99.62843574650, 29.31253310120; -99.62981903270, 29.31106589070;

-99.63130880370, 29.30968109780; -99.63289867970, 29.30838464850; 99.63458185310, 29.30718209080; -99.63635111800, 29.30607857030; -99.63819890080, 29.30507880900;

-99.64011729290, 29.30418708460; -99.64209808410, 29.30340721240; 99.64413279780, 29.30274252910; -99.64621272750, 29.30219587850; -99.64832897350, 29.30176959930;

-99.65047248120, 29.30146551530; -99.65263407970, 29.30128492740; 99.65480452090, 29.30122860820; -99.65487587710, 29.30122887060; -99.65900846590, 29.30124789310;

-99.66110711120, 29.30131575240; -99.66326739090, 29.30150809000; 99.66540870640, 29.30182382290; -99.66752189610, 29.30226160050; -99.66959791860, 29.30281954970;

-99.67162789070, 29.30349528360; -99.67360312630, 29.30428591090; -99.67551517240, 29.30518804900; -99.67735584590, 29.30619783800; -99.67911726860, 29.30731095730;

-99.67954559440, 29.30760570470; -99.67956313490, 29.30761798010; 99.67958463450, 29.30762363200; -99.68080891950, 29.30796826400; -99.68283907760, 29.30864381890;

-99.68481450940, 29.30943427250; -99.68672676130, 29.31033624270; 99.68856764940, 29.31134587030; -99.69032929430, 29.31245883550; -99.69200415500, 29.31367037590;

-99.69358506110, 29.31497530720; -99.69506524350, 29.31636804540; 99.69643836310, 29.31784263020; -99.69769853840, 29.31939275110; -99.69884037040, 29.32101177380;

-99.69985896580, 29.32269276880; -99.70074995830, 29.32442854090; 99.70150952680, 29.32621166020; -99.70213441260, 29.32803449350; -99.70262193270, 29.32988923730;

-99.70296999200, 29.33176795100; -99.70316258900, 29.33347053880; -99.70358951980, 29.33885327800; -99.70360402460, 29.33904533040; -99.70366928260, 29.34094778790;

-99.70359239080, 29.34284991320; -99.70337367010, 29.34474356080; -99.70306776070, 29.34634027440; -99.70321386810, 29.35078287580; -99.70322752220, 29.35169864370;

-99.70315061320, 29.35360077700; -99.70293185960, 29.35549443210; -99.70257218990, 29.35737149930; -99.70207313650, 29.35922393950; -99.70143682890, 29.36104381850;

-99.70066598480, 29.36282334130; -99.69976389890, 29.36455488500; -99.69873442870, 29.36623103210; -99.69758197780, 29.36784460200; -99.69631147760, 29.36938868150;

-99.69492836580, 29.37085665520; -99.69343856370, 29.37224223310; -99.69184845020, 29.37353947830; -99.69016483510, 29.37474283200; -99.68839492950, 29.37584713740;

-99.68654631520, 29.37684766210; -99.68462691200, 29.37774011850; -99.68264494370, 29.37852068160; -99.68060890300, 29.37918600620; -99.67852751480, 29.37973324070;

-99.67640969900, 29.38016003970; -99.67426453180, 29.38046457390; -99.67210120720, 29.38064553800; -99.66992899700, 29.38070215650; -99.66982079290, 29.38070171930;

-99.66706723200, 29.38068663350; -99.65998003010, 29.38082841100; -99.65912069230, 29.38083583350; -99.65694891120, 29.38076767780; -99.65478687690, 29.38057522580;

-99.65264385560, 29.38025930250; and -99.65125892840, 29.37997244440.

(J) Surveillance Zone 12. SZ 12 is that portion of Uvalde County lying within the area described by the following latitude-longitude coordinate pairs: -99.77993413720, 29.29464496260; -99.77999034560, 29.29464510230; -99.78359395520, 29.29465668420;

-99.78570768690, 29.29472252300; -99.78786806550, 29.29491272730; -99.79000963960, 29.29522634520; -99.79212324670, 29.29566203510; -99.79419984340, 29.29621793300;

-99.79623054440, 29.29689166050; -99.79820666000, 29.29768033510; -99.80011973380, 29.29858058260; -99.80196157830, 29.29958855110; -99.80372431010, 29.30069992760;

-99.80540038360, 29.30190995680; -99.80698262320, 29.30321346090; -99.80846425390, 29.30460486190; -99.80983893070, 29.30607820520; -99.81110076530, 29.30762718570;

-99.81224435170, 29.30924517390; -99.81326478910, 29.31092524480; -99.81415770310, 29.31266020720; -99.81491926470, 29.31444263450; -99.81554620640, 29.31626489670;

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(K)[(I)] 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.)

65.85. Mandatory Check Stations.

(a) The department may establish mandatory check stations in or for any CZ or SZ or portion of a CZ or SZ for the purpose of collecting biological information on susceptible species taken within a CZ or SZ.

(b) The[In a CZ or SZ where mandatory check stations have been established, the] intact, unfrozen head of any susceptible species that has been killed in a CZ or SZ must be presented to a [designated] check station designated for the CZ or SZ in which the susceptible species was taken within 48 hours of take by the person or representative of the person who killed the susceptible species, unless otherwise authorized in writing by department personnel.

(c) The department will issue documentation for each specimen of a susceptible species that is presented at a check station. The department-issued documentation must remain with the specimen until it reaches the possessor’s final destination.

(d) A person who fails or refuses to comply with this section commits an offense. 65.88. Deer Carcass Movement Restrictions.

(a) – (b) (No change.)

(c) For susceptible species harvested in a CZ or SZ, the provisions of subsection (b) of this section are applicable only if the susceptible species is processed within the CZ or SZ where the susceptible species was harvested, except for the transport of an intact head to a designated check station. The head of a susceptible species transported to a designated check station under the provisions of this subsection and is not taken to a taxidermist under the provisions of subsection (f) of this section must be:

(1) returned to the property where it was harvested for disposal; or

(2) disposed of in a landfill permitted by Texas Commission on Environmental Quality (TCEQ).

(d) (No change.)

(e) If a person takes a susceptible species in a SZ within which the department has not designated a mandatory check station, the person shall transport the head of the susceptible species from the SZ solely for the purpose of presentation at the nearest department check station, provided such transport occurs immediately upon leaving the SZ where the animal was taken and occurs via the most direct route available. The head of a susceptible species transported to a check station under the provisions of this subsection and is not taken to a taxidermist under the provisions of subsection (f) of this section must be:

(1) returned to the property where it was harvested for disposal; or

(2) disposed of in a landfill permitted by TCEQ.

(f)[(e)] The skinned or unskinned head of a susceptible species from a CZ or SZ, other state, Canadian province, or other place outside of Texas may be transported to a taxidermist for taxidermy purposes, provided all brain material, soft tissue, spinal column and any unused portions of the head are disposed of in a landfill in Texas permitted by TCEQ[the Texas Commission on Environmental Quality (TCEQ)].

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. 8
Presenter: Chris Cerny

Work Session
Digital Licensing and Tagging Requirements
Request Permission to Publish Proposed Changes in the Texas Register
March 22, 2023

I. Executive Summary: Staff seeks permission to publish proposed rules governing digital licenses and tagging in the Texas Register for public comment. Staff will provide an overview of the pilot program to offer digital licenses and tagging that launched on August 15, 2022, and will discuss recommendations to expand digital options to other licenses for the next license year that begins on August 15, 2023.

II. Discussion: The 87th Texas Legislature enacted House Bill 3081, which authorized the Texas Parks and Wildlife Commission to develop and implement a program for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals. Texas Parks and Wildlife Department initiated a pilot program to offer licenses with digital tagging for the current license year that began on August 15, 2022. Since this was a pilot program, the digital license and tagging option was limited to the “Super Combo” license packages and tags. For the next license year that begins on August 15, 2023, staff proposes to expand the “digital portfolio” to include the Youth Hunting License, Exempt Angler Red Drum Tag, and tags related to existing holders of the Lifetime Hunting License and Lifetime Fishing License.

Attachments – 3

Exhibit A – Proposed Rules, Chapter 53
Exhibit B – Proposed Rules, Chapter 57
Exhibit C – Proposed Rules, Chapter 65

Work Session Item No. 8
Exhibit A

DIGITAL LICENSE AND TAGGING RULES

ISSUANCE AND POSSESSION RULES

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§53.2 and 53.4-53.6, concerning Fees, and §53.60, concerning Stamps. The amendments would function, in conjunction with proposed amendments to §§65.7, 65.8, 65.10, 65.42, 65.64 and proposed new §57.984, published elsewhere in this issue of the Texas Register, to create and implement provisions for use of a digital version of the youth hunting license, digital tags for lifetime resident hunting licenses and lifetime resident fishing licenses, and a digital version of the exempt angler red drum tag.

The 87^th Texas Legislature (2021) enacted House Bill (H.B.) 3081, which authorized the commission to develop and implement a program for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals. The department accordingly initiated a pilot program in 2022 to determine the public receptivity to and logistical feasibility of the concept of digital licenses, stamp endorsements, and tags for hunting and fishing, which resulted in the creation of digital versions of the super combination hunting and “all water” fishing license and the lifetime resident super combination hunting and "all water" fishing package (47 TexReg 1888).

After conducting an analysis of customer purchasing behavior with respect to digital licenses and products, the department has determined that it is appropriate to offer a digital version of the youth hunting license, the lifetime resident hunting license, and the lifetime fishing license for the license year beginning September 1, 2023. Additionally, the exempt angler red drum tag, which allows persons who are exempt from fishing license and stamp endorsement requirements to harvest red drum, would be available in a digital version.

The proposed amendment to §53.2, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules, would add the youth hunting license, lifetime resident hunting license, and lifetime resident fishing licenses to the applicability of the section with respect to providing proof of licensure for persons who purchase a digital license.

The proposed amendment to §53.4, concerning Lifetime Licenses, would provide for the issuance of digital versions of the lifetime resident hunting and lifetime resident fishing licenses.

The proposed amendment to §53.5, concerning Recreational Hunting Licenses, Stamps, and Tags, would provide for the issuance of a digital version of the youth hunting license.

The proposed amendment to §53.6, concerning Recreational Fishing Licenses, Stamps, and Tags, would provide for a digital version of the exempt angler red drum tag.

The proposed amendment to §53.60, concerning Stamps, would create exceptions to the current rules regarding possession of required stamps necessary to accommodate the creation of digital licenses.

2. Fiscal Note.

Chris Cerny, Business Analyst, has determined that for each of the first five years that the rules as proposed are in effect, there will be minimal fiscal implications to the department, if any, and those fiscal implications will be positive.

There will be no implications for other units of state or local governments as a result of administering or enforcing the rules.

3. Public Benefit/Cost Note.

Mr. Cerny 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 provision of additional licensing options for public enjoyment.

(B) Under the provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impacts to small businesses, micro-businesses, or rural communities. 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 amendments will not result in direct adverse impacts on small businesses, micro-businesses, or rural communities because the proposed rules regulate various aspects of recreational license privileges that allow individual persons to pursue and harvest public wildlife resources in this state and therefore do 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 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 any fee;

(5) create a new regulation (governing digital licenses and tagging);

(6) not repeal, expand, or limit a 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 proposal may be submitted to Chris Cerny at (512) 389-4594, e-mail: chris.cerny@tpwd.texas.gov. Comments also may be submitted via the department’s website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

5. Statutory Authority.

The amendments are proposed under the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person’s possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; §61.052, 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; and §61.054 which requires the commission to specify 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 proposed amendment affects Parks and Wildlife Code, Chapters 42, 46, 50, and 61.

6. Rule Text.

§53.2. License Issuance Procedures, Fees, Possession, and Exemption Rules.

(a) Hunting license possession.

(1) (No change.)

(2) A person may hunt in this state without having a valid physical hunting license in immediate possession if that person has acquired a license electronically and has either:

(A) a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of a digital license described in §53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages), §53.4[§53.4(a)(1) or] of this title (relating to Lifetime Licenses), or §53.5(a)(3) of this title (relating to Recreational Hunting Licenses, Stamps, and Tags); or

(B) (No change.)

(3) – (4) (No change.)

(b) Fishing license possession.

(1) A person may fish in this state without having a valid physical fishing license in immediate possession if that person:

(A) (No change.)

(B) has acquired a license electronically and has either:

(i) a receipt, notification, or application data from the department on a smart phone, computer, tablet, or similar device indicating acquisition of a digital license described in §53.3(a)(12) of this title or §53.4[§53.4(a)(1)] of this title; or

(ii) (No change.)

(2) No person may catch and retain a red drum over 28 inches in length in the coastal waters of this state without having a valid fishing license, saltwater sportfishing stamp (unless exempt), and valid red drum tag in immediate possession, unless the person has:

(A) obtained a valid digital exempt angler red drum tag; or

(B) purchased a valid digital license described in §53.3(a)(12) of this title or a valid license with digital tags under 53.4[§53.4(a)(1)] of this title.

(1) – (2) (No change.)

(3) A person may acquire a tag electronically from the department by agreeing to pay a convenience fee of up to $5 in addition to the normal tag fee, if a fee is required. This fee shall not be charged if the tag is acquired in the same transaction with a license.

(4)[(3)] The fees established by this subsection apply to the electronic acquisition of a digital license, stamp endorsement, or tag identified in §53.3(a)(12) of this title, [or] 53.4[§53.4(a)(1)] of this title, §53.5(a)(3) of this title, or §53.6 of this title (relating to Recreational Fishing Licenses, Stamps, and Tags).

(d) – (g) (No change.)

§53.4. Lifetime Licenses.

(a) Fees.

(1) (No change.)

[(A) includes the digital tag option that does not require the license log or the physical license tags found on the physical license. The digital tag option is available beginning the year after the year of purchase of the license (and each year thereafter); and]

[(B) the provisions of §53.3(a)(12)(B) — (D) of this title (relating to Combination Hunting and Fishing License Packages) apply.]

(2) – (5) (No change.)

(b) – (c) (No change.)

(d) The licenses listed in this section are available with a digital tag option that does not require the license log or the physical license tags found on the physical license.

(1) The digital tag option is available beginning the year after the year of purchase of the license (and each year thereafter); and

(2) the provisions of §53.3(a)(12)(B) — (D) of this title (relating to Combination Hunting and Fishing License Packages) apply.

§53.5 Recreational Hunting Licenses, Stamps, and Tags

(a) Hunting Licenses:

(1) – (2) (No change.)

(3) youth hunting — $7.

(A) Valid for any person under 17 years of age on the date of license purchase.

(B) This license is available in a digital version that does not include the license log or the physical license tags found on the physical license.

(4) – (9) (No change.)

(b) – (d) (No change.)

§53.6. Recreational Fishing Licenses, Stamps, and Tags.

(a) – (d) (No change.)

(e) Fishing tags:

(1) exempt angler red drum tag — $3;[.]

(A) Provides a red drum tag for persons that are exempt from the purchase of a resident or non-resident fishing license of any type or duration.[;]

(B) This tag is available in a digital version. At the time of execution, the user must be in possession of a smart phone, computer, tablet, or similar device indicating acquisition of the digital tag.

(2) bonus red drum tag provides a second red drum tag to persons that have previously received a red drum tag — $3. This tag is available in a digital version. At the time of execution, the user must be in possession of a smart phone, computer, tablet, or similar device indicating acquisition of the digital tag;

(3) – (4) (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

The proposed amendment affects Parks and Wildlife Code, Chapters 42, 46, 50, and 61.

§53.60. Stamps.

(a) (No change.)

(b) Stamp Purchase Identification and Possession Requirements.

(1) A person may hunt without a required state hunting stamp endorsement in immediate possession if the person:

(A) possesses a valid digital license issued under the provisions of §53.3(a)(12) of this title, [or] a valid license with digital tags under §53.4[§53.4(a)(1) of this title, or §53.5(a)(3) of this title (relating to Recreational Hunting Licenses, Stamps, and Tags [(relating to Lifetime Licenses)]; or

(B) (No change.)

(2) A person may fish without a required fishing stamp endorsement in immediate possession if the person:

(A) possesses a valid digital license issued under the provisions of §53.3(a)(12) of this title or a valid license with digital tags under §53.4[§53.4(a)(1)] of this title; or

(B) has acquired a stamp endorsement electronically and has a valid authorization number in possession while awaiting fulfilment of the physical tag. Authorization numbers shall only be valid for 20 days from purchase date.

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. 8
Exhibit B

DIGITAL LICENSE AND TAGGING RULES

ISSUANCE AND POSSESSION RULES

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes new §57.984, concerning Special Provisions – Digital Exempt Angler Red Drum Tag. The proposed new section would prescribe the requirements for the take of oversize red drum by persons who are exempt by statute or rule from fishing license possession requirements. The department in a proposed amendment to 31 TAC §53.2 published elsewhere in this issue of the Texas Register would create a digital version of the current exempt angler red drum tag. The proposed new rule is necessary to prescribe the requirements for the execution of the tag. The proposed new rule is also necessary because under ordinary circumstances the provisions would be part of §57.981, concerning Bag, Possession, and Length Limits; however, that section is currently the subject of proposed rulemaking, which makes it unavailable for amendment in time to take effect before the next license year.

After conducting an analysis of customer purchasing behavior with respect to digital licenses, the department has determined that it is feasible to offer a digital version of the exempt angler red drum tag, which allows person who are exempt from fishing license and stamp endorsement requirements to harvest red drum, would be available in a digital version.

2. Fiscal Note.

There will be no implications for other units of state or local governments as a result of administering or enforcing the rules.

3. Public Benefit/Cost Note.

Mr. Cerny 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 provision of additional licensing options for public enjoyment.

(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) create a new regulation (governing digital licenses and tagging);

(6) not repeal, expand, or limit a 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 new section is proposed under the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person’s possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; § 61.052, 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; and §61.054 which requires the commission to specify 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 proposed new rule affects Parks and Wildlife Code, Chapters 42, 46, 50, and 61.

6. Rule Text.

§57.984. Special Provisions — Digital Exempt Angler Red Drum Tag.

(a) In addition to the requirements of §57.981(c)(5)(G) of this title (relating to Bag, Possession, and Length Limits), one red drum exceeding the maximum length limit may be retained by a person who is by statute or rule exempt from fishing license possession requirements, provided the person has obtained a digital exempt angler red drum tag. A fish retained under the provisions of this section may be retained in addition to the daily bag and possession limit provided under §57.981(c)(5)(G)(iii).

(b) A person who lawfully takes a red drum under the provisions of subsection (a) of this section is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use of license tags for that species; however, that person shall immediately upon take ensure that a harvest report is created and submitted via a mobile or web application provided by the department for that purpose. If the absence of data connectivity prevents the receipt of a confirmation number from the department following the report required by this subparagraph, the person who took the red drum is responsible for ensuring that the report required by this subparagraph is uploaded to the department immediately upon the availability of network connectivity.

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. 8
Exhibit C

DIGITAL LICENSE AND TAGGING RULES

ISSUANCE AND POSSESSION RULES

PROPOSAL PREAMBLE

1. Introduction

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§65.7, 65.8, 65.10, 65.42, and 65.64, concerning the Statewide Hunting Proclamation. The amendments would function, in conjunction with proposed amendments to §§53.2, 53.4 — 53.6, 53.60, and proposed new §57.984, published elsewhere in this issue of the Texas Register, to create and implement provisions for the use of a digital version of the youth hunting license and digital tags for lifetime resident hunting licenses and lifetime resident fishing licenses.

2. Fiscal Note.

There will be no implications for other units of state or local governments as a result of administering or enforcing the rules.

3. Public Benefit/Cost Note.

Mr. Cerny 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 provision of additional licensing options for public enjoyment.

(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) create a new regulation (governing digital licenses and tagging);

(6) not repeal, expand, or limit a 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 proposed amendment affects Parks and Wildlife Code, Chapters 42, 46, 50, and 61.

6. Rule Text.

65.7. Harvest Log.

(a) The provisions of this subsection apply only to a person in possession of a license purchased through an automated point-of-sale system and do not apply to a digital license issued by the department pursuant to §53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages), §53.4[or §53.4(a)(1)] of this title (relating to Lifetime Licenses) or §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags).

(1) – (2) (No change.)

(b) (No change.)

§65.8. Alternative Licensing System.

(a) – (c) (No change.)

(d) This section does not apply to the digital licenses identified in §53.3(a)(12) of this title (relating to Combination Hunting and Fishing License Packages), §53.4[or §53.4(a)(1)] of this title (relating to Lifetime Licenses), or §53.5(a)(3) (relating to Recreational Hunting Licenses, Stamps, and Tags).

§65.10. Possession of Wildlife Resources.

(a) (No change.)

(b) Under authority of Parks and Wildlife Code, §42.0177, the tagging requirements of Parks and Wildlife Code, §42.018, are modified as follows.

(1) – (4) (No change.)

(5) Except as provided in paragraph (3) of this subsection, the tagging requirements for deer and turkey taken under a digital license issued under the provisions of §53.3(a)(12) of this title (relating to Super Combination Hunting and Fishing License Packages), [or] under the digital tagging option of §53.4[§53.4(a)(1)] of this title (relating to Lifetime Licenses), and §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags) are prescribed in subsection (e) of this section.

(6) A person who has purchased a digital license identified in §53.4[§53.4(a)(1)] of this title and selected the fulfilment of physical tags must comply with the tagging requirements of Parks and Wildlife Code, Chapter 42, and this chapter that are applicable to the tagging of deer and turkey under a license that is not a digital license.

(e) A person who lawfully kills a deer or turkey under a digital license issued under the provisions of §53.3(a)(12) of this title, [(relating to Combination Hunting and Fishing License Packages), or] the digital tagging option under §53.4[§53.4(a)(1)] of this title [(relating to Lifetime Licenses)] or §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags) is exempt from any requirement of Parks and Wildlife Code or this subchapter regarding the use or possession of license tags for those species; however, that person shall ensure that immediately upon take a harvest report is created and submitted via a mobile or web application provided by the department for that purpose.

(1) – (3) (No change.)

(f) – (m) (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

The amendments are proposed under the authority of Parks and Wildlife Code, §42.010, which requires the department to prescribe the form and issuance of hunting licenses authorized under Parks and Wildlife Code, Chapter 42; §42.0101, which authorizes the commission to promulgate rules for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals, including rules allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department as soon as possible after the taking of the animal and requiring a person using a digital tag to retain in the person’s possession documentation of a required digital record at all times before the carcass is finally processed; §42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, and final processing requirements of Chapter 42; §42.006, which authorizes the commission to prescribe requirements relating to possessing a license issued under Chapter 42 by rule; §46.0085, which authorizes the department to issue tags for finfish species allowed by law to be taken during each year or season from coastal waters of the state to holders of licenses authorizing the taking of finfish species; §46.0086, which authorizes the commission to prescribe tagging requirements for the take of finfish; §50.004, which requires the department to issue and prescribe the form and manner of issuance for combination hunting and fishing licenses, including identification and compliance requirements; §61.052, 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; and §61.054 which requires the commission to specify 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 proposed amendment affects Parks and Wildlife Code, Chapters 42, 46, 50, and 61.

§65.42. Deer.

(a) General.

(1) – (4) (No change.)

(5) In the counties or portions of counties listed in subsection (b)(2)(H) of this section, antlerless deer harvested on properties not subject to the provisions of §65.29 of this title (relating to Managed Lands Deer (MLD) Programs) must be reported via the department’s internet or mobile application within 24 hours of the time of kill, including antlerless deer harvested during the special seasons established by subsection (b)(5) — (7) of this section. This paragraph does not apply to antlerless deer harvested under a digital license issued by the department pursuant to §53.3(a)(12) of this title (relating to Super Combination Hunting and Fishing Packages), a valid license with digital tags issued under §53.4 of this title (relating to Lifetime Licenses), or a valid digital license issued under §53.5(a)(3) of this title (relating to Recreational Hunting License, Stamps, and Tags), which must be reported as required under §65.10 of this title (relating to Possession of Wildlife Resources).

(b) — (c) (No change.)

§65.64. Turkey.

(a) (No change.)

(b) Rio Grande Turkey. The open seasons and bag limits for Rio Grande turkey shall be as follows.

(1) – (2) (No change.)

(3) Spring season and bag limits.

(A) — (B) (No change.)

(C) In Bastrop, Caldwell, Colorado, Fayette, Jackson, Lavaca, Lee, Matagorda, Milam, and Wharton counties, there is a spring general open season.

(i) – (ii) (No change.)

(iii) Except as provided by §65.10 of this title (relating to Possession of Wildlife Resources) for turkeys harvested under a digital license issued by the department pursuant to §53.3(a)(12) of this title (relating to Super Combination Hunting and Fishing License Packages), [or] a valid license with digital tags under §53.4[§53.4(a)(1)] of this title (relating to Lifetime Licenses), or a valid digital license under §53.5 of this title (relating to Recreational Hunting Licenses, Tags, and Stamps, all turkeys harvested during the open season established under this subparagraph must be reported within 24 hours of the time of kill via an internet or mobile application designated by the department for that purpose.

(4) (No change.)

(c) Eastern turkey. The open seasons and bag limits for Eastern turkey shall be as follows. In Bowie, Cass, Fannin, Grayson, Jasper (other than the Angelina National Forest), Lamar, Marion, Nacogdoches, Newton, Polk, Red River, and Sabine counties, there is a spring season during which both Rio Grande and Eastern turkey may be lawfully hunted.

(1) – (2) (No charge.)

(3) In the counties listed in this subsection:

(A) – (B) (No change.)

(C) except as provided by §65.10 of this title (relating to Possession of Wildlife Resources) for turkeys harvested under a digital license issued pursuant to §53.3(a)(12)[§53.3] of this title [(relating to Super Combination Hunting and Fishing License Packages)], [or] a valid license with digital tags under §53.4[§53.4(a)(1)] of this title [(relating to Lifetime Licenses)], or a valid digital license under §53.5(a)(3) of this title, all turkeys harvested during the open season must be registered via the department’s internet or mobile application within 24 hours of the time of kill. The department will publish the internet address and information on obtaining the mobile application in generally accessible locations, including the department internet web site (www.tpwd.texas.gov). Harvested turkeys may be field dressed but must otherwise remain intact.

(d) (No change.)

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

Issued in Austin, Texas, on

Work Session Item No. 13
Presenter: Rodney Franklin

Work Session
Fairfield Lake State Park
March 22, 2023

I. Executive Summary: Staff will brief the Texas Parks and Wildlife Commission (Commission) on the status of Fairfield Lake State Park’s lease. Since 1971, Texas Parks and Wildlife Department (TPWD) has leased Fairfield Lake State Park from what is now Big Brown Power Company LLC. Representatives of Vistra, an owner in the Big Brown Mine, notified TPWD of its intention to the sell their property, inclusive of the state park land, and Vistra currently has a contract for sale with a buyer. There is no intent to continue the lease with TPWD to continue operations of the state park under the new potential owner.

II. Discussion: Fairfield Lake State Park is a leased park consisting of 1,821.35 acres. The lease began in 1971, and the park officially opened to the public in 1976. The park sits in the transition zone between the pine forests to the east and prairie grasslands to the north and west. The park sits on the 2,400-acre Fairfield Lake and provides a wide variety of recreational opportunities to the public, including swimming, fishing, boating/kayaking, camping, and ten miles of trails to explore on foot, bike, or horseback. The park also includes a tremendous amount of infrastructure, including buildings, barns, residences, roads, utilities, and a boat ramp.

In 2018, Vistra representatives notified TPWD that it intended to sell its real estate holdings around Fairfield Lake, including the 1,800-acre state park. In August of 2022, Vistra representatives notified TPWD that the property was under contract to be purchased by an outside entity that has no intention of continuing the state park lease under the new ownership. Should the sale go through, this will result in the closure of Fairfield Lake State Park.

Attachments – 3

Exhibit A – Location Map
Exhibit B – Vicinity Map
Exhibit C – Site Map

Work Session Item No. 13
Exhibit A

Location Map for Fairfield Lake State Park in Freestone County

Work Session Item No. 13
Exhibit B

Vicinity Map for Fairfield Lake State Park
25 Miles West of Palestine

Work Session Item No. 13
Exhibit C

Site Map for Fairfield Lake State Park in Red

Work Session Item No. 14
Presenter: James Murphy

Work Session
Litigation Update
March 22, 2023

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.