Commission Meeting Agenda Item No. 7
Presenter: Timothy Bradle
Action
Implementation of Legislation During the 88th Texas Legislative Session – House Bill 1740 – Relating to the Issuance of State Parklands Passports to and a Waiver of Certain Fees for Certain Veterans, Active Duty Armed Forces Members, and Certain Family Members of a Person who Died while Serving in the United States Armed Forces
Recommended Adoption of Proposed Changes
August 24, 2023
I. Executive Summary: Staff seeks adoption of proposed amendments to rules regarding state parklands passports to implement the requirements of House Bill (H.B.) 1740, adopted during the 88th Texas Legislative Session.
II. Discussion: Under Texas Parks and Wildlife Code section 13.018 and Texas Administrative Code, Title 31, section 59.3, TPWD is required to issue a state parklands passport to qualified individuals. This includes Texas residents aged 65 years old or over who have resided in Texas for at least six consecutive months; members of the United States armed forces on active duty who are 65 years old or over; veterans of the United States armed services who, as a result of military service, have a service-connected disability consisting of either the loss of the use of a lower extremity or a 60 percent disability rating and who are receiving compensation from the United States because of the disability; and individuals who have a physical or mental impairment that substantially limits one or more major life activities.
H.B. 1740 amended Texas Parks and Wildlife Code section 13.018 to modify the list of qualified individuals. The bill removed the statutory provisions related to active duty service members who are 65 or older and veterans with service-related disabilities. The bill provides that an individual qualified to receive a state parklands passport includes any person who is an honorably discharged veteran of the United States armed services; a member of the United States armed services on active duty; or the surviving spouse, parent, child, or sibling of a person who died while serving in the United States armed services. The proposed amendment would implement the provisions of H.B. 1740.
At the Commission Work Session meeting on May 24, 2023, staff was authorized to publish proposed rules in the Texas Register as necessary to implement legislation from the most recent legislative session. The proposed rules appeared in the July 21, 2023, issue of the Texas Register (48 TexReg 3974). A summary of public comment on the proposed rule will be provided at the meeting.
III. Recommendation: Staff recommends that the Texas Parks and Wildlife Commission adopt the following motion:
“The Texas Parks and Wildlife Commission adopts amendments to 31 Texas Administrative Code §59.3, concerning Park Entry Passes, 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 3974).”
Attachment – 1
Commission Agenda Item No. 7
Exhibit A
RULES REQUIRED OR AUTHORIZED BY THE LEGISLATURE
HOUSE BILL 1740
STATE PARKLANDS PASSPORT RULES
PROPOSAL PREAMBLE
1. Introduction
The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §59.3, concerning Park Entry Passes. The proposed amendment would implement the provisions of House Bill (H.B.) 1740, enacted during the most recent regular session of the Texas Legislature. H.B. 1740 amended Texas Parks and Wildlife Code, §13.018, to require the department to issue a state parklands passport (“passport”) at no charge to additional categories of persons.
Prior to the enactment of H.B. 1740, the department was required under Parks and Wildlife Code, §13.018, to issue a passport free of charge to qualified individuals, defined as Texas residents 65 years old or over; members of the United States armed forces on active duty who are 65 years old or over; veterans of the armed services of the United States who, as a result of military service, have a service-connected disability consisting of either the loss of the use of a lower extremity or a 60 percent disability rating and who are receiving compensation from the United States because of the disability; and individuals who have a physical or mental impairment that substantially limits one or more major life activities. H.B. 1740 amended Parks and Wildlife Code, §13.018 to include any person who is an honorably discharged veteran of the United States armed services, a member of the United States armed services on active duty, or the surviving spouse, parent, child, or sibling of a person who died while serving in the United States armed services. The proposed amendment would effect those changes in department rules, while making changes as necessary to remove conflicts with existing rule language.
2. Fiscal Note.
Tim Bradle, Director of State Parks Business Management, has determined that for each of the first five years that the rule as proposed is in effect, there will be fiscal implications to the department as a result of administering the rule; however, because the rule recapitulates statutory provisions that the commission cannot alter or eliminate, any fiscal impacts are the therefore the result of legislative action and not an action of the commission. There will be no fiscal implications to other units of state or local government.
There will be no effect on persons required to comply with the rule as proposed, as the rule does not mandate compliance by any person.
3. Public Benefit/Cost Note.
Mr. Bradle 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 rules that are consistent with the directives sof the intent of the Texas Legislature.
(B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that because the proposed rule affects only certain categories of visitors to state parks, there will be no direct effect on small businesses, micro-businesses, or rural communities. On this basis, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
(C) The department has not drafted a local employment impact statement under 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) not create a new regulation;
(6) will expand an existing regulation (by creating new classes of persons eligible to receive a parklands passport at no charge);
(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 Tim Bradle, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-8560; email: timothy.bradle@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.
5. Statutory Authority.
The amendment is proposed under Parks and Wildlife Code, §13.018, which requires the commission to establish by rule the eligibility requirements and privileges available to the holder of a state parklands passport.
The proposed amendment affects Parks and Wildlife Code, Chapter 13.
6. Rule Text.
§59.3. Park Entry Passes. Parks entry passes authorize entry privileges to parks where entry fees apply but are not valid for activity or other applicable fees.
(1) – (2) (No change.)
(3) State Parklands Passport. A state parklands passport shall be issued at no cost to any person meeting the criteria established by Parks and Wildlife Code, §13.018. For the purposes of this paragraph, "accompanying" means entering a park simultaneously with the passport holder.
(A) (No change.)
(B) A state parklands passport issued to a person in a category listed in this subparagraph authorizes the entry of the person to any state park without payment of an individual entrance fee but does not waive or reduce the entrance fee for any person accompanying the passport holder:
(i) an honorably discharged veteran of the United States armed services;
(ii) a member of the United States armed services on active duty;
(iii) the surviving spouse, parent, child, or sibling of a person who died while serving in the United States armed services;
(C)[(B)] To be eligible for issuance of a state parklands passport under the provisions of Parks and Wildlife Code, §13.018(a)(3), a person must submit government-issued personal identification and one of the following:
(i) – (ii) (No change.)
(D)[(C)] A state parklands passport issued to a person in a category listed in this subparagraph who does not otherwise qualify under subparagraph (A) of this paragraph authorizes the entry of the person to any state park upon payment of 50% of the posted entrance fee for the park, rounded to the nearest higher whole dollar, which shall also apply to one person accompanying and providing assistance to the passport holder.
(i) a Texas resident whose birth date is after August 31, 1930; or
[(ii) a member of the United States armed forces on active duty who is 65 years old or over; or]
(ii)[(iii)] an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
(E)[(D)] A parklands passport is nontransferable.
(F)[(E)] The department may collect a fee for a replacement state parklands passport.
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