August 23-24, 2023, Commission Meeting Agenda

Work Session

Commission Agenda Items

May 24-25, 2023, Transcripts

 

Commission Meeting Agenda Item No. 8
Presenter: Cody Jones

Action
Implementation of Legislation During the 88th Texas Legislative Session – House Bill 2755 – Relating to the Minimum Instruction Requirement for the Boater Education Program by Texas Parks and Wildlife Department
Recommended Adoption of Proposed Changes
August 24, 2023

I.      Executive Summary: Staff seeks adoption of a proposed amendment to rules relating to the minimum instruction requirements for the Boater Education Program to implement the requirements of House Bill (H.B.) 2755, adopted during the 88th Texas Legislative Session.

II.     Discussion:  H.B. 2755 amended Texas Parks and Wildlife Code section 31.108 and required the Texas Parks and Wildlife Commission (Commission) to adopt rules to approve boater education courses that meet or exceed the minimum instruction requirement established by the National Association of State Boating Law Administrators on or after January 1, 2016. Accordingly, the proposed amendment to Texas Administrative Code, Title 31, section 51.81 would amend current rules to require all boater education courses to satisfy the minimum national standards adopted by the National Association of State Boating Law Administrators in effect on June 1, 2022, in order for the courses to be approved by TPWD.

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 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 an amendment to 31 Texas Administrative Code §51.81, concerning Mandatory Boater Education, 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).”

Attachment – 1

  1. Exhibit A – Rules Required or Authorized by Legislation – Boater Education Rules

Commission Agenda Item No. 8
Exhibit A

RULES REQUIRED OR AUTHORIZED BY LEGISLATION

BOATER EDUCATION RULES

PROPOSAL PREAMBLE

1. Introduction

        The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §51.81, concerning Mandatory Boater Education.

        House Bill 2755, enacted by the most recent session of the Texas Legislature, amended Parks and Wildlife Code, §31.108 to require the commission to adopt rules to “approve boater education courses that meet or exceed the minimum instruction requirement established by the National Association of State Boating Law Administrators on or after January 1, 2016.” Accordingly, the proposed amendment to §51.81 would alter current rules to require all boater education courses to satisfy the minimum national standards adopted by the National Association of State Boating Law Administrators in effect on June 1, 2022 in order to be approved by the department.

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 compliance with the directives of the 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 the proposed rule will not result in any direct economic costs to any small businesses, micro-businesses, or rural community; therefore, the department has a determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

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

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

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

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

                         (1) neither create nor eliminate a government program;

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

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

                         (4) not affect the amount of a fee;

                         (5) not create a new regulation;

                         (6) not expand an existing regulation;

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

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

4. Request for Public Comment.

        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 2755 enacted by 88th Texas Legislature (RS), which requires the commission to approve boater education courses that meet or exceed the minimum instruction requirement established by the National Association of State Boating Law Administrators on or after January 1, 2016.

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

6. Rule Text

        §51.81. Mandatory Boater Education.

                 (a) All courses approved for certification and equivalency exam processes must be approved by the department and must satisfy the minimum national standards adopted by the National Association of State Boating Law Administrators in effect on June 1, 2022 [using minimum national standards as means of approval].

                 (b) – (i) (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