TPW Commission

Work Session, May 22, 2024

Transcript

TPW Commission Meetings

TEXAS PARKS AND WILDLIFE COMMISSION

May 22, 2024

TEXAS PARKS AND WILDLIFE DEPARTMENT

COMMISSION HEARING ROOM

4200 SMITH SCHOOL ROAD

AUSTIN, TEXAS 78744

WORK SESSION MEETING

Important information about this agenda, including how to watch it online or listen to it by phone, how to register to speak, how to ask for special accommodations, and more is available on the Texas Parks and Wildlife Department’s website here. A link to the livestream video recording may be here.

These are the minutes of the Wednesday Work Session meeting of the Texas Parks and Wildlife Commission held on May 22, 2024, in Austin, Texas. The meeting was called to order at 9:05 a.m. by Chairman Jeffery D. Hildebrand with the following commissioners present:

Texas Parks and Wildlife Commission:

Jeffery D. Hildebrand, Chairman

Oliver Bell, Vice-Chairman

James E. Abell, Commissioner

Leslie Doggett, Commissioner

Paul L. Foster, Commissioner

Robert L. “Bobby” Patton, Jr., Commissioner

Travis B. “Blake” Rowling, Commissioner

The following commissioners were not present:

Anna B. Galo, Commissioner

Dick Scott, Commissioner

TPWD Staff:

David Yoskowitz, Ph.D., Executive Director

Craig Bonds, Chief Operating Officer

James Murphy, General Counsel

Allison Winney, Chief of Staff

Dee Halliburton, Executive Assistant

A public notice of this meeting containing all items on the proposed agendas was filed in the Office of the Secretary of State as required by Chapter 551, Government Code, referred to as “The Open Meetings Act.”

Wednesday, May 22, 2024, Work Session Agenda Items

ITEM 1. 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

Executive Director David Yoskowitz, Ph.D. updated 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), which included updates on internal affairs, staff recognition, the Land and Water Resources Conservation and Recreation Plan update, and the rule review process preview for Chapter 51- Executive, Chapter 52- Stocking Policy, Chapter 55- Law Enforcement, Chapter 60- Maintenance Reviews, and Chapter 61- Design and Construction.

ITEM 2. Commission Policy CP-001 Revision- Recommended Adoption of Proposed Change 

James Murphy, General Counsel, briefed the Commission on staff seeking adoption of a proposed revision to Texas Parks and Wildlife Commission (Commission) Policy CP-001: Overview and Meetings of the Commission. The proposed revision would modify the policy language regarding methods of public comment. Chairman Hildebrand directed that this item be placed on the Thursday Commission Meeting agenda for public comment and action.

ITEM 3. Financial Overview 

Reggie Pegues, Chief Financial Officer, presented a financial overview of TPWD and updated the Commission on state park, boat registration and titling, and license fee revenues collected by TPWD for year-to-date Fiscal Year (FY) 2024. Mr. Pegues also summarized the year-to-date budget for FY 2024. No further action was taken.

ITEM 4. Strategic Plan Update

Michael Goldsmith, Performance and Strategic Planning Coordinator, briefed the Commission on the TPWD FY 2025-2029 Legislative Strategic Plan, internally titled the TPWD Natural Agenda, as prescribed by the Legislative Budget Board and the Office of the Governor. No further action was taken.

ITEM 5. Internal Audit Update

Paul Gentry, Internal Audit Lead, updated the Commission on Internal Audit activities and projects, including the TPWD Fiscal Years 2023 and 2024 Internal Audit Plans and updates on external audits and assessment, that have taken place since the last Commission Meeting. No further action was taken.

ITEM 6. Banning Canned Hunts and Establishing Trapping Standards for Mountain Lions- Recommended Adoption of Proposed Rule

Richard Heilbrun, Wildlife Diversity Program Director, briefed the Commission on staff seeking adoption of a proposed rule that would prohibit the canned hunting of mountain lions and establish trapping standards for mountain lions. Chairman Hildebrand directed that this item as amended be placed on the Thursday Commission Meeting agenda for public comment and action.

ITEM 7. Chronic Wasting Disease (CWD) Detection and Response Rules – Containment and Surveillance Zones, Check Stations, and Deer Carcass Movement Restrictions and Disposal Requirements – Recommended Adoption of Proposed Changes and Request Permission to Publish Boundaries for New Surveillance Zones

Dr. J. Hunter Reed, Wildlife Veterinarian, briefed the Commission on staff seeking adoption of proposed amendments to rules governing chronic wasting disease (CWD) detection, response, and management. The proposed amendments would eliminate three current CWD Surveillance Zones (SZ), shrink all remaining SZs surrounding CWD-positive deer breeding facilities, enlarge a Containment Zone (CZ) and SZ in the Panhandle in response to another CWD detection in free-ranging deer, and implement a periodic voluntary sampling strategy for certain CZs and SZs. The amendments would also implement statewide carcass processing and disposal measures. These amendments are intended to function collectively to refine surveillance and investigation efforts as part of the agency’s effort to manage CWD. Chairman Hildebrand directed that this item be placed on the Thursday Commission meeting agenda for public comment and action.

Second, staff sought permission to publish a proposed amendment in the Texas Register for public comment. The amendment would create new SZs in Real, Edwards, and Zavala counties in response to the detection of CWD in additional deer breeding facilities. Chairman Hildebrand authorized staff to publish the proposal for New Surveillance Zones in the Texas Register.     

ITEM 8. CWD Detection and Response Rules – CWD Testing Requirements at Deer Breeding Facilities – Recommended Adoption of Proposed Changes

Dr. J. Hunter Reed, Wildlife Veterinarian, briefed the Commission on staff seeking adoption of proposed amendments to rules governing chronic wasting disease (CWD) detection, response, and management. The proposed amendments would repeal “Tier 1” deer breeding facility rules and require the removal and post-mortem testing of confirmed CWD-positive deer in all deer breeding facilities. The proposed amendments would also make nonsubstantive organizational and housekeeping-type changes to comport provisions from a previous rulemaking. Chairman Hildebrand directed that this item be placed on the Thursday Commission meeting agenda for public comment and action.

ITEM 9. Disease Management – Special Take Authorization Rule – Recommended Adoption of Proposed Rule

Stormy King, Assistant Commander of Wildlife Enforcement, briefed the Commission on staff seeking adoption of a proposed rule governing the take of wildlife. The proposed rule would provide for the issuance of a special authorization for the take of white-tailed and/or mule deer when necessary to assist in department efforts to manage chronic wasting disease (CWD). Chairman Hildebrand directed that this item be placed on the Thursday Commission meeting agenda for public comment and action.

ITEM 10. Public Hunting Program – Establishment of an Open Season on Public Hunting Lands and Approval of Public Hunting Activities on State Parks

Kevin Mote, Private Lands & Public Hunting Program Director, briefed the Commission on staff seeking adoption of an open season on public hunting lands for the 2024-2025 season, and authorization for specific public hunting activities on units of the state park system for the 2024-2025 season. Chairman Hildebrand directed that this item be placed on the Thursday Commission meeting agenda for public comment and action.

ITEM 11. Briefing – Quail Update

John McLaughlin updated the Commission on quail population trends, recreational quail hunting trends, habitat conservation efforts with partners in Texas, and agency-funded quail research. No further action was taken.

Work Session Item Numbers 12 through 18 were heard in an Executive Session pursuant to the requirements of Chapter 551, Government Code, referred to as “The Open Meetings Act”, for the purpose of: deliberation of real estate matters under Section 551.072 of the Open Meetings Act, and seeking legal advice under Section 551.071 of the Open Meetings Act, including advice regarding pending or contemplated litigation.

ITEM 12. Acquisition of Land – Bastrop County – Approximately 43 Acres at Bastrop State Park

ITEM 13. Acquisition of Land – Harrison County – Approximately 1.1 Acres at Caddo Lake State Park

ITEM 14. Acquisition of Land – Limestone County – Approximately 3 Acres at Fort Parker State Park

ITEM 15. Acceptance of Donation of Land – Bastrop County – Approximately 49 Acres at Bastrop State Park

ITEM 16. Acquisition of Land – Anderson County – Approximately 6900 Acres in the Middle Trinity River Ecosystem Project

ITEM 17. Grant of Pipeline Easement – Jefferson County – Approximately 3 Acres at the J.D. Murphree Wildlife Management Area – Request Permission to Begin the Public Notice and Input Process

ITEM 18. Litigation Update

The Commission recessed for Executive Session at 11:40 a.m. on May 22, 2024.

Chairman Hildebrand reconvened the Work Session at 1:15 p.m. on May 22, 2024. The following commissioners were present:

Texas Parks and Wildlife Commission:

Jeffery D. Hildebrand, Chairman

Oliver Bell, Vice-Chairman

James E. Abell, Commissioner

Leslie Doggett, Commissioner

Paul L. Foster, Commissioner

Robert L. “Bobby” Patton, Jr., Commissioner

Travis B. “Blake” Rowling, Commissioner

Dick Scott, Commissioner

The following commissioner was not present:

Anna B. Galo, Commissioner

Chairman Hildebrand stated that Work Session Real Estate Item Numbers 12 through 17 and Litigation Item Number 18 were discussed. Chairman Hildebrand stated that the Commission would place Item Numbers 12 through 16 on the Thursday Commission Meeting agenda for public comment and action, authorized staff to begin the public notice and input process on Item Number 17, and no further action was needed at this time regarding Item Number 18, Litigation Update.

Chairman Hildebrand stated that the Commission completed its Work Session business and declared the meeting adjourned at 1:16 p.m. on May 22, 2024.

APPROVED by the Texas Parks and Wildlife Commission on August 21, 2024:

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TPW Commission Meetings