Work Session
Wednesday, March 26, 2025
9:00 a.m.
Jeffery D. Hildebrand, Commission Chair
David Yoskowitz, Ph.D., Executive Director
Texas Parks and Wildlife Department
Commission Hearing Room
4200 Smith School Road
Austin, TX 78744
Agenda
Approval of the Previous Minutes from the Commission Work Session held January 22, 2025
- 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
- Legislative Update
- Land and Water Resources Conservation and Recreation Plan Update
- Financial Overview – Reggie Pegues
- Internal Audit Update – Brandy Meeks
- Rule Review – Recommended Adoption of Proposed Changes and Completion of Rule Review – James Murphy (Action Item No. 1)
- Chapter 57 – Fisheries
- Chapter 58 – Oysters, Shrimp, and Finfish
- Digital Licensing and Tagging Requirements – Recommended Adoption of Proposed Changes – Chris Cerny (Action Item No. 2)
- 2025-2026 Statewide Recreational and Commercial Fishing Proclamation – Recommended Adoption of Proposed Changes – Brian Bartram (Action Item No. 3)
- 2025-2026 Statewide Hunting and Migratory Game Bird Proclamation – Recommended Adoption of Proposed Changes – Shaun Oldenburger, Shawn Gray (Action Item No. 4)
- Cultivated Oyster Mariculture Program Fee Revisions – Request Permission to Publish Proposed Changes in the Texas Register – Lindsay Glass Campbell, Ph.D.
- Grant of Utility Easement – Bandera County – Approximately 21.7 Acres at Hill Country State Natural Area – Stan David (Work Session and Executive Session) (Action Item No. 5)
- Grant of Pipeline Easement – Jefferson County – Approximately 10 Acres at J.D. Murphree Wildlife Management Area – Whitney Gann, Ph.D. (Work Session and Executive Session) (Action Item No. 6)
- Disposition of Land – Williamson County – Approximately 56 Acres at Twin Lakes Park – Request Permission to Begin the Public Notice and Input Process – Stan David
- Lease of Land – Anderson County – Approximately 543 Acres at the Gus Engeling Wildlife Management Area – Whitney Gann, Ph.D. (Executive Session Only)
- Disposition of Land – Parker County – Approximately 3.8 Acres Near Lake Mineral Wells State Park & Trailway – Zach Spector (Executive Session Only)
- Centennial Parks Conservation Fund Projects – Zach Spector (Executive Session Only)
- Litigation Update – James Murphy (Executive Session Only)
Land and Water Plan
Financial
Natural Resources
Land Conservation
Executive Session
Agenda Items
Work Session Agenda Item 1
Presenter: David Yoskowitz, Ph.D.
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
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. Every five years, TPWD is statutorily required to evaluate its progress toward achieving the plan’s goal and objectives. In November 2023, the Commission approved the 2024 Land and Water Resources Conservation and Recreation Plan goals, objectives, strategies, and actions, which are available on TPWD’s website. 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 Agenda Item 2
Presenter: Reggie Pegues
Financial Overview
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) 2025. Staff will also summarize recent budget adjustments for FY 2025.
Work Session Agenda Item 3
Presenter: Brandy Meeks
Internal Audit Update
I. Executive Summary:
Staff will update the Texas Parks and Wildlife Commission (Commission) on Internal Audit activities and projects that have taken place since the last Commission Meeting.
II. Discussion:
Staff will present an update on the Texas Parks and Wildlife Department Fiscal Years (FY) 2024 and FY 2025 Internal Audit Plans. Staff will also provide an update on external audits and assessments.
Work Session Agenda Item 8
Presenter: Lindsay Glass Campbell, Ph.D.
Cultivated Oyster Mariculture Program Fee Revisions – Request Permission to Publish Proposed Changes in the Texas Register
I. Executive Summary
Staff seeks permission to publish amendments to rules governing Cultivated Oyster Mariculture (COM) program fees in the Texas Register for public comment.
II. Discussion
Texas Parks and Wildlife Department (TPWD) has evaluated the fee values and structure of COM permits and determined that a reduction of those fees is prudent. The department proposes a fee reduction to reduce financial burdens on current and future COM permittees and to increase the competitiveness of Texas COM permit fees with similar fees for oyster mariculture in the Gulf states and states along the Eastern seaboard. TPWD’s evaluation is based on data from five years of COM program implementation and costs to the department, as well as consideration of requests from industry members for TPWD to reevaluate COM permit fees.
Attachment – 1
Work Session Agenda Item 8
Exhibit A
CULTIVATED OYSTER MARICULTURE FEE REVISIONS
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §53.13, concerning Business Licenses and Permits (Fishing). The proposed amendment would reduce the annual fees for both types of Cultivated Oyster Mariculture (COM) permits issued by the department. The amendment is intended to encourage the development and maturation of a commercially viable oyster mariculture industry that could provide relief to native natural oyster reefs and associated ecosystems.
The 86th Texas Legislature in 2019 enacted House Bill 1300, which added new Chapter 75 to the Texas Parks and Wildlife Code and delegated to the Parks and Wildlife Commission the authority to regulate the process of growing oysters in captivity. In turn, the Texas Parks and Wildlife Commission in 2020 adopted regulations governing oyster mariculture (45 TexReg 5916), which included various fees.
At the direction of the commission, the department has reviewed all department data relative to the costs of implementation and operation of the COM program, similar fees for oyster mariculture in other Gulf states, cooperated extensively with the regulated community, and determined that a reduction in fees could result in more rapid maturation of the industry in Texas and the realization of attendant resource and ecosystem benefits. The department notes that the Texas General Land Office (GLO) recently reduced surface lease fees for COM operations. In 2024, the GLO lease fee was reduced to $500 per acre per year from $1,500 per acre per year.
In Fiscal Year (FY) 2024, the average fee for a COM Grow-Out permit was $3,495.46 (range $900 — $13,500 per year) and for a Nursery-Hatchery it was $1,805.55 (range $79.05 — $3,943.69 per year) (fees are dependent on the acreage of the operation and thus vary from permit to permit).
With respect to an analysis of similar fees in other states, the department concludes that while fee structures vary from state to state, in the states of the Gulf region Texas appears to have the highest fees for oyster mariculture operations. Mississippi and Florida charge an annual flat fee of $50 and $100, respectively. Louisiana requires cultivated oyster operators to have a commercial fishing license ($100) and harvester license ($96), in addition to which a fee of $2 per-acre-per-year is imposed. Alabama charges a $300 per-acre easement fee. The current Texas rate for a Grow-Out facility is $450 per acre. Staff has determined that a rate reduction of approximately two-thirds would make Texas rates more comparable to other states. The proposed amendment would therefore alter subsection (d) to reflect the reduction in fees and to update permit types to accurately reflect the terminology employed in the regulations contained in Chapter 58, Subchapter D, that regulate COM operations.
With respect to the COM Grow-Out Permit, the fee for any portion of a site located in public water would be reduced to $150 per-acre-per-year from $450 per-acre-per-year and the fee for any portion of a site on private property would be reduced to $57 per-acre-per-year from $170 per-acre-per-year.
With respect to fees for the COM Nursery-Hatchery Permit, the current fee is $170 per-acre-per-year, with a $0.010 per-square-foot-per-year surcharge for the portion of a site in public water, and $170 per-acre-per-year for the portion of a site located on private land. The proposed amendment would reduce the public water fee to $150 per-acre-per-year and the private land fee to $57 per-acre-per-year, or a minimum fee of $150 per year, whichever is greater. The minimum fee is necessary to recoup costs incurred by the department to conduct required annual inspections, as some Nursery-Hatchery operations occupy much less than an acre but still require a site inspection.
2. Fiscal Note.
Dr. Lindsay Glass Campbell, Policy and Education, Cultivated Oyster Mariculture Program Coordinator, Coastal Fisheries Division, 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 a result of administering or enforcing the rule as proposed. The department estimates that there will be a revenue reduction of approximately $32,276.63 per year resulting from the fee reductions, assuming the number of permits issued remains unchanged (the department has no method for predicting how many additional permits might be issued in the future). This estimate was derived by taking the total fee amounts collected in FY2024 ($48,183.32) and subtracting from that value the amount of fee revenue that would have been realized had the proposed fees been in effect for that fiscal year ($15,906.69). The department has determined that because of the low number of permits currently issued, the rules as proposed can be effectively administered and enforced using existing personnel as part of their current duties under existing budgets; however, there could be additional fiscal implications to the department if permit demand increases significantly.
There will be no fiscal implications to other units of state or local governments as a result of administering or enforcing the rule.
The rules will not result in adverse economic impacts to persons required to comply with the rule as proposed.
3. Public Benefit/Cost Note.
Dr. Campbell 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 rules will be the enhancement and further development of a growing industry, the ecological benefits provided by oysters in public waters, the possible reduction of harvest pressure on natural oyster reefs, and the production of oysters for public consumption.
(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 impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule’s “direct adverse economic impacts” to determine if any further analysis is required. 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.
To ensure that this analysis captures every small or microbusiness affected by the proposed rule, the department assumes that most, if not all persons who hold a COM permit qualify as small or microbusinesses. Department data indicate that there are currently 19 fully permitted and 38 conditionally approved cultivated oyster mariculture sites.
The department has determined that because the rule as proposed would reduce the fee amounts currently in effect by approximately two-thirds, the rule will not result in direct adverse economic impacts to small businesses, microbusinesses, 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 rule as proposed will not exert a direct economic impact on 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) affect the amount of a fee (by reducing annual fees for COM permits);
(5) not create a new regulation, but modify existing regulations;
(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 proposal may be submitted to Dr. Lindsay Glass Campbell (Coastal Fisheries), at (512) 389-8575 (email: cfish@tpwd.texas.gov). Comments also may be submitted via the department’s website at https://tpwd.texas.gov/business/feedback/public_comment/
5. Statutory Authority.
The amendment is proposed under the authority of Parks and Wildlife Code, §75.0103, which requires the commission to adopt rules to establish a program governing cultivated oyster mariculture, which may establish requirements for the taking, possession, transport, movement, and sale of cultivated oysters; the taking, possession, transport, and movement of broodstock oysters; fees and conditions for use of public resources, including broodstock oysters and public water, and any other matter necessary to implement and administer Parks and Wildlife Code, Chapter 75.
The proposed amendment affects Parks and Wildlife Code, Chapter 75.
6. Rule Text.
§53.13. Business License and Permits (Fishing).
(a) – (c) (No change.)
(d) Cultivated Oyster Mariculture Fees.
(1) Application fee — $200.
(2) Cultivated Oyster Mariculture Grow-Out Permit [(COMP)].
(A) Portion of site [For a COMP] located in public water — $150[$450] per acre per year.
(B) Portion of site [For a COMP] located on private property—$57 [$170] per acre per year.
(3) Cultivated Oyster Mariculture Nursery-Hatchery Permit: the greater of[- Nursery Only (nursery permit) — $170 per acre per year, $0.010 per square foot per year, if the nursery facility is located in public water.]
(A) $150 per year; or
(B) The total of $150 per acre per year for portion of site in public water and $57 per acre per year for portion of site on private property.
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 Agenda Item 11
Presenter: Stan David
Disposition of Land – Williamson County – Approximately 56 Acres at Twin Lakes Park – Request Permission to Begin the Public Notice and Input Process
I. Executive Summary
Staff recommends disposition of 56 acres held by Texas Parks and Wildlife Department (TPWD), known as Twin Lakes Park. Williamson County currently leases the property from TPWD for park operations, and it will benefit both the county and TPWD if Williamson County takes ownership of the property and continues to operate the park. Williamson County has agreed to accept ownership of the property.
II. Discussion
Twin Lakes Park is located in Cedar Park, Texas, and has been jointly operated by Williamson County and the YMCA for 30 years. Twin Lakes Park offers pavilions, a swimming pool/water playscape, multi-purpose sports fields, an archery range, a beach/swimming area, sand volleyball courts, a ropes course, and an outdoor education area. In 1994, after legislative direction, the Texas Department of Transportation (TxDOT) transferred 50 acres of what is now Twin Lakes Park to TPWD, with the requirement that TPWD allow Williamson County to operate the property as a public park. In 2012, TxDOT transferred an additional 6 acres to TPWD, which was added to the park.
Williamson County and TPWD now seek to transfer full ownership of the property to the county. Transferring the property will reduce operational oversight burden on TPWD. As a condition of the transfer, Williamson County will be required to continue to operate the property as a public park.
Staff requests permission to begin the public notice and input process.
Attachments – 3
Work Session Agenda Item 11
Exhibit A
Location Map for Twin Lakes Park
Williamson County
Work Session Agenda Item 11
Exhibit B
Vicinity Map for Twin Lakes Park
20 Miles Northwest of Austin
Work Session Agenda Item 11
Exhibit C
Site Map of Land Disposition
Twin Lakes Park Outlined in Red
Work Session Agenda Item 14
Presenter: Zach Spector
Centennial Parks Conservation Fund Projects
I. Executive Summary
Staff will update the Texas Parks and Wildlife Commission on the acquisition of real property from willing sellers for Texas state parks using the Centennial Parks Conservation Fund and other funding sources.
Work Session Agenda Item 15
Presenter: James Murphy
Litigation Update
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.