Commission Meeting Agenda Item No. 4
Presenter: Cody Jones

Action
Boating and Waterways Advisory Committee
Recommended Adoption of Proposed Changes
August 24, 2023

I.      Executive Summary: Staff seeks adoption of a proposed new rule to create the Boating and Waterways Advisory Committee (BWAC).

II.     Discussion: Under Texas Parks and Wildlife Code, Chapter 31, the Texas Legislature has designated Texas Parks and Wildlife Department (TPWD) as the primary regulatory agency for boating and boating safety. Parks and Wildlife Code section 11.0162 authorizes the Chairman (Chairman) of the Texas Parks and Wildlife Commission (Commission) to appoint committees to advise the Commission on issues under its jurisdiction. Under this authority, the Commission has established several advisory committees to provide TPWD with informed opinion regarding various aspects and dimensions of the TPWD’s mission. These advisory committees perform a valuable service for TPWD and the people of Texas.

Texas Government Code, Chapter 2110, requires state agencies to adopt rules regarding each advisory committees. Unless otherwise provided by specific statute, the rules must state the purpose of the committee and describe the manner in which the committee will report to the agency. The rules may also establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute.

The Chairman has determined that it would be beneficial to form an advisory group composed of various members of the public interested in boating and boating-related matters to assist TPWD in ensuring that regulation of boating in Texas continues to reflect TPWD’s strong commitment to outdoor recreation and boating safety. The proposed new rule would create the BWAC and provide the statutorily required elements for its existence.

At the Commission Work Session meeting on May 24, 2023, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the July 21, 2023, issue of the Texas Register (48 TexReg 3970). A summary of public comment on the proposed rules will be presented at the time of the meeting.

III.   Recommendation: Staff recommends that the Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts new 31 Texas Administrative Code §51.615, concerning the Boating and Waterways Advisory Committee, as listed in Exhibit A, with changes as necessary to the proposed text as published in the July 21, 2023, issue of the Texas Register (48 TexReg 3970).”

Commission Agenda Item No. 4
Exhibit A

ADVISORY COMMITTEE RULES

BOATING AND WATERWAYS ADVISORY COMMITTEE

PROPOSAL PREAMBLE

1. Introduction

        The Texas Parks and Wildlife Department proposes new §51.615, concerning the Boating and Waterways Advisory Committee (BWAC).

        Parks and Wildlife Code, §11.0162, authorizes the Chairman of the Texas Parks and Wildlife Commission (the Commission) to "appoint committees to advise the commission on issues under its jurisdiction." Under Parks and Wildlife Code, Chapter 31, the legislature has designated TPWD as the primary regulatory agency for boating and boating safety. Government Code, Chapter 2110, requires each state agency to adopt rules regarding advisory committees. Unless otherwise specifically provided by statute, the rules must (1) state the purpose of the committee; (2) describe the manner in which the committee will report to the agency; and (3) establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute. Under this authority, the Commission has established a number of advisory committees to provide the department with informed opinion regarding various aspects and dimensions of the department’s mission. These advisory committees perform a valuable service for the department and the people of Texas.

        The department is the primary state agency responsible for water safety and boating regulation. Staff have determined that the creation of an advisory board for matters concerning boating and waterways would be helpful in assisting the department and the commission in determining and executing appropriate strategies to maximize public safety and public enjoyment with respect to boating in this state.

2. Fiscal Note.

        Assistant Commander Cody Jones, Boating Law Administrator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local government as a result of administering the rule.

        There will be no impact on persons required to comply with the rule as proposed.

3. Public Benefit/Cost Note.

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

                 (A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be the enhancement of department and commission decision-making with respect to regulation of boating and water safety.

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

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

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

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

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

                         (1) neither create nor eliminate a government program;

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

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

                         (4) not affect the amount of a fee;

                         (5) create a new regulation (creating an advisory committee);

                         (6) not expand an existing regulation;

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

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

4. Request for Public Comment.

        Comments on the proposed rule may be submitted to Assistant Commander Cody Jones, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4624; email: cody.jones@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

5. Statutory Authority.

        The amendment is proposed under the provisions of Parks and Wildlife Code, §31.108 as amended by House Bill Government Code, Chapter 2110, which requires the adoption of rules regarding state agency advisory committee.

        The proposed amendment affects Government Code, Chapter 2110.

6. Rule Text.

        §51.615. Boating and Waterways Advisory Committee (BWAC).

                 (a) The BWAC is created to advise the department on all matters pertaining to waterway and boating programs in Texas.

                 (b) The BWAC shall be composed of up to 24 members of the public who have an interest in boating, waterways, and water safety in Texas.

                 (c) The BWAC shall comply with the requirements of §51.601 of this title (relating to General Requirements).

                 (d) The BWAC shall expire on July 1, 2026.

        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