Work Session
Wednesday, August 20, 2025
9:00 a.m.
Paul L. Foster, 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 May 21, 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
- Update on Flood Response
- Legislative Water Hearing Update
- Financial Overview – Reggie Pegues (Action Item No. 2)
- Briefing on Legislative Appropriations Request for Fiscal Year 2026-2027
- Fiscal Year 2026 Operating and Capital Budget Approval and Other Items
- Fiscal Year 2026 Agency Budget by Strategy
- Fiscal Year 2026 Operating and Capital Budget by Division/Object of Expense
- Budget Policy
- Investment Policy
- Fiscal Year 2026-2027 Biennium State Park List and Change Procedures
- Retain 100 Percent of Boat Revenues in Fund 9
- Fiscal Year 2025 Internal Audit Update and Proposed Fiscal Year 2026 Internal Audit Plan – Brandy Meeks (Action Item No. 3)
- Implementation of Legislation During the 89th Texas Legislative Session – Senate Bill 1247 – Relating to Consolidating Certain Nonresident Hunting Licenses – Recommended Adoption of Proposed Changes – Chris Cerny (Action Item No. 4)
- Implementation of Legislation During the 89th Texas Legislative Session – Senate Bill 1245 – Relating to the Take of Aoudad Sheep by Using a Helicopter – Recommended Adoption of Proposed Changes – Kory Gann (Action Item No. 5)
- Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants – Special Provisions for Dotted Duckweed – Request Permission to Publish Proposed Changes in the Texas Register – Michael Tennant
- Request for Pipeline Easement – Jefferson County – Approximately 27.7 Acres at J.D. Murphree Wildlife Management Area – Whitney Gann, Ph.D. (Work Session and Executive Session) (Action Item No. 6)
- Land Acquisition – Burnet County – Approximately 2 Acres at Post Oak Ridge State Park – Stan David (Work Session and Executive Session) (Action Item No. 7)
- Land Acquisition – Briscoe County – Approximately 1,120 Acres at Caprock Canyons State Park and Trailway – Request Permission to Begin the Public Notice and Input Process – Stan David (Work Session and Executive Session)
- Land Acquisition – Bandera County – Approximately 37 Acres at Albert and Bessie Kronkosky State Natural Area – Trey Vick (Work Session and Executive Session) (Action Item No. 8)
- Request for Waterline Easement – Bastrop County – Approximately 6 Acres at Bastrop State Park – Trey Vick (Work Session and Executive Session) (Action Item No. 9)
- Disposition of Land – Cameron County – Approximately 1.9 Acres at Boca Chica State Park – Trey Vick (Work Session and Executive Session) (Action Item No. 10)
- Land Acquisition – Kinney and Edwards Counties – Approximately 54,000 Acres for a New State Park – Request Permission to Begin the Public Notice and Input Process – Stan David (Work Session and Executive Session)
- Centennial Parks Conservation Fund Projects – Zeke Sanchez (Executive Session Only)
- Litigation Update – James Murphy (Executive Session Only)
- Personnel Matters – Jada Louhela, Chairman Paul L. Foster (Executive Session Only) (Action Item No. 1)
- Discuss Executive Director Compensation as Authorized by House Bill 1 From the 88th Texas Legislature – Jada Louhela
- Performance Evaluation of the Texas Parks and Wildlife Department Executive Director – Chairman Paul L. Foster
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 an update on the Fiscal Year (FY) 2026-2027 Legislative Appropriations Request (LAR). Staff will also present a summary of the FY 2026 Operating and Capital Budget, the Texas Parks and Wildlife Commission (Commission) Budget and Investment policies, the 2026-27 State Park List, the Texas Parks and Wildlife Code section 11.032(c) deposit options regarding boat-related fees, and a request to exceed capital budget transfer limitations.
II. Discussion:
Staff will discuss the following with the Commission:
- Staff will provide an update on the 2026-2027 LAR.
- Staff will present and discuss the FY 2026 Operating and Capital Budget.
- Staff will summarize the Commission’s Budget Policy and Investment Policy requirements, which are annually reviewed by the Commission.
- Staff will present the list of state parks that will serve as the basis for calculating the Legislative Budget Board (LBB) performance measure “Number of State Parks in Operation” over the 2026-2027 biennium.
- Staff will discuss Texas Parks and Wildlife Code section 11.032(c), which permissively allows Texas Parks and Wildlife Department (TPWD) to retain all boat-related fees in Fund 9, or to transfer up to 15 percent of those fees into Fund 64 on a monthly basis.
- Staff will present a request to exceed capital budget transfer limitations, which also requires approval from the LBB and the Office of the Governor.
III. Recommendation:
Staff recommends that the Commission adopt the following motions:
Motion one: “The Executive Director is authorized to expend funds to operate TPWD in accordance with the proposed FY 2026 Agency Budget by Strategy (Exhibit A), the FY 2026 Operating and Capital Budget by Division/Object of Expense (Exhibit B), the Budget Policy (Exhibit C), and the Investment Policy (Exhibit D).”
Motion two: “The Commission approves the FY 2026-2027 Biennium State Park List and Change Procedures (Exhibit E) and authorizes TPWD to adjust the listing as necessary for accurate reporting.”
Motion three: “The Commission approves retaining 100 percent of all boat registration, titling, and related fees collected during FY 2026 in Fund 9.”
Motion four: “The Texas Parks and Wildlife Commission approves the capital budget items as reflected in Exhibit F and requests approval from the Legislative Budget Board and the Office of the Governor to transfer capital budget authority to operating.”
Attachments – 6
Work Session Agenda Item 2
Exhibit A
~Information will be forthcoming.Work Session Agenda Item 2
Exhibit B
~Information will be forthcoming.Work Session Agenda Item 2
Exhibit C
BUDGET POLICY (CP-009)
It is the policy of the Commission to authorize the Executive Director or their designee to increase, decrease, or otherwise adjust the budget during the fiscal year based on revenue and expenditure information. Changes to the budget may include:
- Adjust the budget to bring unexpended balances forward from the prior fiscal year’s approved budgets.
- Adjust the budget for transfers between budgetary units, major expense categories, or line items.
- Adjust the budget to increase funds to allow payment of appraisal fees, witness fees, and investigation expenses on land acquisition and construction projects.
- Approve and/or execute contracts and agreements necessary in the daily operation of TPWD. Revenues derived from interagency agreements may be budgeted and expended.
- Adjust the budget for appropriated revenues, such as the sale of equipment, donations, concessions, escrow, refunds, insurance proceeds, and publications revenue, so long as the expenditures are in agreement with the stated program goals and there will be sufficient cash to cover the budgeted amounts during the relevant fiscal year.
- Approve and/or execute construction, repair, or renovation budgets, contracts, agreements, and change orders (if necessary) to complete a project.
- Adjust the budget from one TPWD facility major repair or development project to another or from available revenue to cover increased project costs or changes in scope.
- Allocate super combo license revenue to the related stamp funds according to the documented methodology and authorize the related transfers of revenue to appropriate accounts.
- Adjust the budget to cover the costs of lawsuits or settlements if deemed to be in the best interest of TPWD.
- Adjust the budget to place a TPWD facility into reasonable operation when its condition poses a health or safety hazard or seriously hampers its ability to function.
- Authorize classification changes anytime during a fiscal year, provided that such changes have been thoroughly justified and funds are available.
- Increase the number of positions when new facilities are placed into operation and/or new programs are implemented, staying within the authorized full-time equivalency (FTE) limit.
- Adjust the budget to make capital expenditures for construction projects funded in part with proceeds of bonds issued by the Texas Public Finance Authority.
- Approve and/or execute the reimbursement of construction project costs with the proceeds of tax-exempt bonds issued by the Texas Public Finance Authority, pursuant to federal Internal Revenue Code guidelines.
Any budget adjustments that exceed a threshold of $250,000, excluding federal and bond funds, require the prior approval of the Chair, Vice Chair, or Commissioner designee through such means as a conference call or memo.
Donations or gifts exceeding $500 shall be accepted on a monthly basis by the Chair, Vice-Chair, or commissioner designee, with Commission acknowledgement of the acceptance of the donations at each scheduled Commission meeting.
Subject to notification of the Commission of any changes to previously discussed purposes or uses of funds, TPWD is authorized to use dedicated accounts and sub-accounts for purposes consistent with those outlined in relevant law including administrative rules as set forth in the Texas Administrative Code.
Review
The Commission shall review this policy at least annually.
APPROVED this the 21st day of August 2025.
In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this 21st day of August, 2025.
Paul L. Foster, Chairman
Oliver J. Bell, Vice-Chairman
Wm. Leslie Doggett, Member
Anna B. Galo, Member
Dr. John A. McCall, Jr., Member
Robert L. “Bobby” Patton, Jr., Member
Travis B. “Blake” Rowling, Member
Dick Scott, Member
Timothy “Tim” Timmerman, Member
Work Session Agenda Item 2
Exhibit D
INVESTMENT POLICY (CP-016)
All funds paid to Texas Parks and Wildlife Department (TPWD) pursuant to the Parks and Wildlife Code §11.042 or allocated to TPWD pursuant to Tax Code §151.801 must be deposited in the treasury with two exceptions: the Operation Game Thief Fund and the Texas Park Development Fund (Parks and Wildlife Code §21.101). The Operation Game Thief Fund is held outside the treasury and, as authorized by Parks and Wildlife Code §12.201, is invested according to rules adopted by the Operation Game Thief Committee. Therefore, the investment of the Operation Game Thief Fund is not governed by this Investment Policy. Although not required, the Texas Park Development Fund is and will continue to be deposited in the treasury and invested by the Comptroller of Public Accounts.
Parks and Wildlife Code §11.065 requires the Commission to adopt rules for investment of the Lifetime License Endowment Account. The Lifetime License Endowment Account is and will continue to be deposited in the treasury and invested by the Comptroller of Public Accounts.
In addition, TPWD has established an account at the Texas Treasury Safekeeping Trust Company, an organization created by the Texas Legislature to invest and safeguard funds for the state and various subdivisions whose sole shareholder and director is the Comptroller of Public Accounts. 1 TPWD’s account at the Texas Treasury Safekeeping Trust Company is for the purpose of accepting donations of marketable securities which shall be held only until accepted by the Commission. Donations of marketable securities shall be sold promptly upon acceptance by the Commission and the proceeds shall be deposited into the treasury.
Finally, the Centennial Parks Conservation Fund is established as a trust fund outside the treasury to be used only for the creation and improvement of state parks (Tex. Const. Art. III, §49-e-1). This fund is held and invested through the Texas Treasury Safekeeping Trust Company in accordance with Parks and Wildlife Code Ch. 21A and is therefore not subject to this investment policy.
I. Objectives of TPWD
- Suitability of the investment for TPWD requirements
- Preservation and safety of the principal
- Liquidity
- Marketability
- Diversification of the portfolio
- Yield
- TPWD funds shall be held in the state treasury and invested by the Comptroller of Public Accounts under Gov’t Code §404.024.
- Mitigation funds distributed to TPWD shall be deposited in the state treasury and accounted for separately.
- Bank accounts authorized by Gov’t Code §§403.241-403.252 and the General Appropriations Act (petty cash accounts and imprest accounts for the purchase of evidence and/or information and surveillance) should be either interest-bearing accounts or accounts with no fees. Any interest earned in excess of bank fees shall be deposited in the General Revenue Fund. The establishment of any petty cash or imprest bank accounts must be approved by the TPWD Chief Financial Officer (Signature and Approval Policy OP-03-03). Continuance of bank accounts is dependent upon timely and accurate records keeping and reporting.
II. Policy Guidelines
Texas Public Funds Investment Act: Investment Officer Designation and Reporting
- Pursuant to Gov’t Code §2256.004, the Texas Public Funds Investment Act (PFIA) does not apply to TPWD funds that are deposited into the state treasury and which are managed by the Comptroller of Public Accounts in accordance with Gov’t Code §404.024.
- In the event that TPWD funds are deposited outside of the state treasury and become subject to the PFIA, the TPWD Executive Director, or the Executive Director’s designee, shall identify and designate an Investment Officer or Investment Officers (Gov’t Code §2256.005).
- The designated TPWD Investment Officer(s) shall perform the functions and responsibilities required by the PFIA.
- The Investment Officer(s) shall attend investment training at least once each state fiscal biennium from a program recommended by the Texas Higher Education Coordinating Board.
- The Investment Officer(s) are required to disclose any personal business or familial relationship with a business organization offering to sell investments to TPWD.
- The Investment Officer(s) are required to provide a written copy of this Investment Policy to every business organization engaging in investment activity and must obtain written acknowledgement that the policy was received and reviewed, and that appropriate procedures and controls are in place to preclude unauthorized transactions.
- The Investment Officer(s) will ensure that all TPWD funds outside the state treasury held in bank accounts are insured by FDIC up to the FDIC deposit insurance limit, currently $250,000. If at any time deposits exceed the FDIC deposit insurance limit in any financial institution, the custodian of the affected account(s) is required to obtain collateralizations that meets state requirements to cover the amount exceeding the deposit insurance limit.
- The Investment Officer(s) shall prepare reports of investment transactions for all funds managed under the PFIA within 45 days of the end of each quarter and distribute them to the members of the Commission, the Executive Director, and the Chief Financial Officer, as required by Gov’t Code §2256.023. These quarterly reports shall comply with statutory requirements for content.
- To the extent that the Texas Legislature modifies any provision of the PFIA that is applicable to TPWD’s funds, the Investment Officer(s) shall prepare a report summarizing those legislative changes to the PFIA and distribute it to the members of the Commission, the Executive Director, and the Chief Financial Officer within six months of the end of a regular legislative session.
III. Review
The Commission shall review this policy at least annually pursuant to Gov’t Code §2256.005.
Texas Treasury Safekeeping Trust Company
TPWD jointly manages another Texas Treasury Safekeeping Trust Company account for the purpose of holding funds recovered under federal and state laws by the designated natural resource trustees for the State of Texas (TPWD, General Land Office, and Texas Commission on Environmental Quality) for restoration of natural resources lost or injured by the unauthorized discharge or release of oil or hazardous substances. A decision on use and any investment of these funds is exclusively the joint decision of the designated natural resource trustees and does not involve the Commission.
APPROVED this the 21st day of August 2025.
In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this 21st day of August 2025.
Paul L. Foster, Chairman
Oliver J. Bell, Vice-Chairman
Wm. Leslie Doggett, Member
Anna B. Galo, Member
Dr. John A. McCall, Jr., Member
Robert L. “Bobby” Patton, Jr., Member
Travis B. “Blake” Rowling, Member
Dick Scott, Member
Timothy “Tim” Timmerman, Member
Work Session Agenda Item 2
Exhibit E
Fiscal Year 2026-2027 Biennium State Park List and Change Procedures
This list will serve as the starting point for calculating the performance measure “Number of State Parks in Operation” for the 2026-2027 biennium.
The Texas Parks and Wildlife Department is authorized to adjust this list as needed throughout the 2026-2027 biennium to reflect deletion, transfer, or addition of sites to the park inventory.
This list will be updated and presented to the Texas Parks and Wildlife Commission (Commission) for approval before the start of each biennium (every two years). Any adjustments made to this list during the 2026-2027 biennium will be presented to the Commission for approval as part of the next State Park for the 2028-2029 biennium.
Number |
Name |
County |
Facility Type |
1 |
Abilene |
Taylor |
State Park |
2 |
Albert and Bessie Kronkosky |
Bandera/Kendall |
State Natural Area |
3 |
Atlanta |
Cass |
State Park |
4 |
Balmorhea |
Reeves |
State Park |
5 |
Bastrop |
Bastrop |
State Park |
6 |
Bear Creek/Tru Springs |
Uvalde |
State Park |
7 |
Big Bend Ranch |
Brewster/Presidio |
State Park |
8 |
Big Spring |
Howard |
State Park |
9 |
Blanco |
Blanco |
State Park |
10 |
Bonham |
Fannin |
State Park |
11 |
Brazos Bend |
Fort Bend |
State Park |
12 |
Buescher |
Bastrop |
State Park |
13 |
Caddo Lake |
Harrison |
State Park |
14 |
Caprock Canyons and Trailway |
Briscoe/Floyd/Hall |
State Park |
15 |
Cedar Hill |
Dallas |
State Park |
16 |
Chinati Mountains |
Presidio |
State Natural Area |
17 |
Choke Canyon |
Live Oak/McMullen |
State Park |
18 |
Cleburne |
Johnson |
State Park |
19 |
Colorado Bend |
Lampasas/San Saba |
State Park |
20 |
Cooper Lake |
Delta/Hopkins |
State Park |
21 |
Copper Breaks |
Hardeman |
State Park |
22 |
Daingerfield |
Morris |
State Park |
23 |
Davis Hill |
Liberty |
State Park |
24 |
Davis Mountains |
Jeff Davis |
State Park |
25 |
Devils River |
Val Verde |
State Natural Area |
26 |
Devil’s Sinkhole |
Edwards |
State Natural Area |
27 |
Dinosaur Valley |
Somervell |
State Park |
28 |
Eisenhower |
Grayson |
State Park |
29 |
Enchanted Rock |
Gillespie |
State Natural Area |
30 |
Falcon |
Starr |
State Park |
31 |
Fort Boggy |
Leon |
State Park |
32 |
Fort Leaton |
Presidio |
State Historic Site |
33 |
Fort Parker |
Limestone |
State Park |
34 |
Fort Richardson |
Jack |
State Park and Historic Site |
35 |
Franklin Mountains |
El Paso |
State Park |
36 |
Galveston Island |
Galveston |
State Park |
37 |
Garner |
Uvalde |
State Park |
38 |
Goliad |
Goliad |
State Park and Historic Site |
39 |
Goose Island |
Aransas |
State Park |
40 |
Government Canyon |
Bexar |
State Natural Area |
41 |
Guadalupe River/Honey Creek |
Comal/Kendall |
State Park and State Natural Area |
42 |
Hill Country |
Bandera/Medina |
State Natural Area |
43 |
Hueco Tanks |
El Paso |
State Park and Historic Site |
44 |
Huntsville |
Walker |
State Park |
45 |
Inks Lake |
Burnet |
State Park |
46 |
Kickapoo Cavern |
Edwards/Kinney |
State Park |
47 |
Lake Arrowhead |
Clay |
State Park |
48 |
Lake Bob Sandlin |
Titus |
State Park |
49 |
Lake Brownwood |
Brown |
State Park |
50 |
Lake Casa Blanca |
Webb |
State Park |
51 |
Lake Colorado City |
Mitchell |
State Park |
52 |
Lake Corpus Christi |
San Patricio |
State Park |
53 |
Lake Livingston |
Polk |
State Park |
54 |
Lake Mineral Wells and Trailway |
Parker/Palo Pinto |
State Park |
55 |
Lake Somerville |
Burleson/Lee |
State Park |
56 |
Lake Tawakoni |
Hunt |
State Park |
57 |
Lake Whitney |
Hill |
State Park |
58 |
Lockhart |
Caldwell |
State Park |
59 |
Longhorn Caverns* |
Burnet |
State Park |
60 |
Lost Maples |
Bandera/Real |
State Natural Area |
61 |
Lyndon B. Johnson |
Gillespie |
State Park and Historic Site |
62 |
Martin Creek Lake |
Rusk |
State Park |
63 |
Martin Dies Jr. |
Jasper/Tyler |
State Park |
64 |
McKinney Falls |
Travis |
State Park |
65 |
Meridian |
Bosque |
State Park |
66 |
Mission Tejas |
Houston |
State Park |
67 |
Monahans Sandhills |
Ward/Winkler |
State Park |
68 |
Mother Neff |
Coryell |
State Park |
69 |
Mustang Island |
Nueces |
State Park |
70 |
Old Tunnel |
Kendall |
State Park |
71 |
Palmetto |
Gonzales |
State Park |
72 |
Palo Duro Canyon |
Armstrong/Randall |
State Park |
73 |
Palo Pinto Mountains |
Palo Pinto/Stephens |
State Park |
74 |
Pedernales Falls |
Blanco |
State Park |
75 |
Possum Kingdom |
Palo Pinto |
State Park |
76 |
Post Oak |
Burnet/Lampasas |
State Park |
77 |
Powderhorn |
Calhoun County |
State Park |
78 |
Purtis Creek |
Henderson/Van Zandt |
State Park |
79 |
Ray Roberts Lake |
Cooke/Denton/Grayson |
State Park |
80 |
San Angelo |
Tom Green |
State Park |
81 |
Sea Rim |
Jefferson |
State Park |
82 |
Seminole Canyon |
Val Verde |
State Park and Historic Site |
83 |
Sheldon Lake |
Harris |
State Park |
84 |
South Llano River |
Kimble |
State Park |
85 |
Stephen F. Austin |
Austin |
State Park |
86 |
Tyler |
Smith |
State Park |
87 |
Village Creek |
Hardin |
State Park |
88 |
World Birding Center (WBC)/Bentsen-Rio Grande Valley |
Hidalgo |
State Park |
89 |
WBC/Estero Llano Grande |
Hidalgo |
State Park |
90 |
WBC/Resaca de la Palma |
Cameron |
State Park |
* Not operated by TPWD
Work Session Agenda Item 2
Exhibit F
Detail Internal Category Code |
LBB Capital Category |
Detail |
Strategy |
Appn |
Fund |
AY26 |
AY27 |
Capital-Game Warden Body Cameras & Storage |
5007-Capital Equipment-Game Warden Body Cameras & Storage |
Annual Subscription |
C.1.1. |
59009 |
0010 |
(203,040) |
(203,040) |
Capital-Game Warden Body Cameras & Storage |
5007-Capital Equipment-Game Warden Body Cameras & Storage |
Data Storage |
C.1.1. |
59009 |
0010 |
(543,283) |
|
Capital-Game Warden In-Car Automation |
5005-Capital Information Technology-Game Warden In-Car Automation |
E-Ticketing License Subscription |
C.1.1. |
59004 |
0010 |
(462,000) |
(462,000) |
Capital-Game Warden In-Car Automation |
5005-Capital Information Technology-Game Warden In-Car Automation |
Annual Data Services |
C.1.1. |
59004 |
0010 |
(720,000) |
(720,000) |
Capital-Game Warden Body Cameras & Storage |
Operating |
Annual Subscription |
C.1.1. |
13033 |
0010 |
203,040 |
203,040 |
Capital-Game Warden Body Cameras & Storage |
Operating |
Data Storage |
C.1.1. |
13033 |
0010 |
543,283 |
|
Capital-Game Warden In-Car Automation |
Operating |
E-Ticketing License Subscription |
C.1.1. |
13033 |
0010 |
462,000 |
462,000 |
Capital-Game Warden In-Car Automation |
Operating |
Annual Data Services |
C.1.1. |
13033 |
0010 |
720,000 |
720,000 |
Work Session Agenda Item 3
Presenter: Brandy Meeks
Fiscal Year 2025 Internal Audit Update and Proposed Fiscal Year 2026 Internal Audit Plan
I. Executive Summary:
Staff seeks approval of the Fiscal Year (FY) 2026 internal audit plan.
II. Discussion:
Texas Government Code section 2102.008 provides that a state agency’s annual audit plan developed by the internal auditor must be approved by the agency’s governing board. The Office of Internal Audit requests Texas Parks and Wildlife Commission (Commission) approval of the FY 2026 audit projects.
III. Recommendation:
Staff recommends that the Commission adopt the following motion:
“The Texas Parks and Wildlife Commission approves the Texas Parks and Wildlife Department FY 2026 Proposed Internal Audit Plan as listed in Exhibit A.”
Attachment – 1
Work Session Agenda Item 3
Exhibit A
Texas Parks and Wildlife Department
Fiscal Year 2026 Proposed Internal Audit Plan
Projects |
Budgeted Hours |
FY 2025 Carryover Projects |
|
Audit of TPWD Friends Group Oversight Processes |
165 |
Audit of Fuel Charges |
185 |
|
350 |
FY 2026 New Projects |
|
Assurance |
|
Audit of 3 Selected State Parks |
450 |
Audit of Law Enforcement (LE) and Communications Key Performance Measures |
300 |
Audit of TPWD’s Surplus Process |
500 |
Audit of Selected Pass-Through Grants |
675 |
Data Governance and Records Retention Review |
450 |
Audit of the Centennial Fund Process and Controls |
500 |
Audit of the Minor Repair and Job Order Contracting (JOC) Programs |
700 |
|
|
Advisories |
|
IT Asset Management/Shadow IT Advisory |
500 |
Ethics Disclosures and Non-Governmental Organizations (NGO) Fee Schedule Advisory |
500 |
Boat Registration and Titling System (BRT) Rewrite |
50 |
Administrative and Special Projects |
|
FY25 Annual Report |
80 |
Code of Criminal Procedure Ch.59 – LE Seizures and Forfeitures |
80 |
Semiannual Follow-up of Internal and External Audit Recommendations due during Q3 and Q4 of FY 25 |
150 |
Semiannual Follow-up of Internal and External Audit Recommendations due during Q1 and Q2 of FY 26 |
150 |
Quality Assurance Review (QAR) Preparation |
450 |
Annual Risk Assessment and Annual Audit Plan |
350 |
Special Projects, Investigations, Liaison Activities |
500 |
|
6385 |
Total Hours |
6735 |
List of Alternative Projects
1) Travel Voucher Process Audit
2) Hiring Process Efficiency Audit
3) Employee and Vendor Review
Work Session Agenda Item 6
Presenter: Michael Tennant
Harmful or Potentially Harmful Fish, Shellfish, and Aquatic Plants – Special Provisions for Dotted Duckweed – Request Permission to Publish Proposed Changes in the Texas Register
I. Executive Summary:
Staff seeks permission to publish proposed amendments to rules governing harmful or potentially harmful fish, shellfish, and aquatic plants. The proposed amendments would authorize and create special provisions for the commercial cultivation of dotted duckweed (Landoltia punctata) in specifically permitted facilities.
II. Discussion:
Under Texas Parks and Wildlife Code chapter 66, the Texas Parks and Wildlife Commission is authorized to designate nonindigenous (exotic) species of plants as harmful or potentially harmful exotic aquatic species and regulate their importation, possession, sale, and introduction of such species into public waters.
Under current rule, it is unlawful to possess or cultivate dotted duckweed. The department recently received a petition for rulemaking requesting modification of current rules to allow the cultivation of dotted duckweed for production of a food protein product. Staff conducted a risk analysis and determined that with appropriate facility standards and biosecurity measures in place, the likelihood of dotted duckweed’s escape and proliferation would be acceptably low. The proposed amendments would allow commercial aquaculture facilities to grow, process, sell, and transport dotted duckweed under appropriate containment and biosecurity measures, such as requiring all culture and processing to take place within approved enclosures, and the imposition of pond treatment and drainage standards to ensure that all water discharges are free of viable plant life.
Attachment – 1
Work Session Agenda Item 6
Exhibit A
HARMFUL AND POTENTIALLY HARMFUL EXOTIC AQUATIC PLANTS
CULTIVATION OF DOTTED DUCKWEED
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §57.114 and new §57.129, concerning Harmful and Potentially Harmful Exotic Fish, Shellfish, and Aquatic Plants. The proposed rules would authorize the issuance of permits for the possession, cultivation, sale, and transport of dotted duckweed (Landoltia punctata) under specific conditions.
Under current rule (§57.112(3)(C)(i)), dotted duckweed is designated a prohibited harmful or potentially harmful exotic aquatic plant and cannot be cultivated for commercial purposes. The department recently received a petition for rulemaking requesting the alteration of current rules to create an exception allowing the commercial cultivation of dotted duckweed under the existing commercial aquaculture permit. After comprehensive analysis of all significant parameters, the department determined that dotted duckweed can be safely cultivated, provided all culture and handling occurs in fully enclosed facilities under appropriate biosecurity standards. Dotted duckweed is a small, floating exotic aquatic plant native to Australia and Southeast Asia that is distributed easily via multiple transport pathways, has a high growth and propagation rate, and is known to outcompete native plant species. Climate match analysis indicates it could survive and become established in public waters throughout most of Texas should it escape culture, and it is deemed likely to have potential to become particularly problematic in smaller water bodies because it forms dense mats capable of suppressing native plants and potential degradation of sportfish habitat. Dotted duckweed can be easily transported to new water bodies by waterfowl, watercraft, and aquarium dumping, presenting a high spread potential should it escape. Notwithstanding, based on careful consideration of biosecurity risks associated with the proposed activity and escapement risk mitigation feasibility, staff has determined that under appropriate biosecurity and monitoring provisions there is an acceptably minimal, though not zero, risk of escape.
The amendment to §57.114, concerning Controlled Exotic Species Permit, would provide for the issuance of a commercial aquaculture facility permit for the possession, culture, sale, and transport of dotted duckweed.
Proposed new §57.129, concerning Special Provisions — Dotted Duckweed, would establish facility and processing standards that specifically apply to the cultivation of dotted duckweed.
Proposed new subsection (a)(1) would stipulate that the provisions of the proposed new section would be in addition to the minimum facility requirements already imposed by the subchapter, which is necessary to prevent confusion or misunderstanding. The proposed new section also would define the term “culture pond” as “any reservoir of water used as media for the cultivation and harvest of dotted duckweed in a facility permitted to do so under this subchapter,” which is necessary to provide an unambiguous meaning of that term for purposes of compliance, administration, and enforcement.
Proposed new subsection (a)(2) would provide that the department will not issue a permit under the section for a facility located in a part of the state that is both south of SH 21 and east of I-35. The proposed provision is necessary because there is a significant portion of the state that regularly experiences, has experienced, or is at risk of experiencing inundation during hurricane events, which could result in escapement of dotted duckweed to surrounding aquatic systems. The department has determined that there is a significant enough potential threat to native species and systems to justify restricting the culture of dotted duckweed to areas of the state not likely to be affected by hurricane-related inundation events.
Proposed new subsection (b) would set forth the requirements for water handling within facilities permitted to culture dotted duckweed to minimize escape risks. New subsection (b)(1) would prohibit the draining of any water from culture ponds unless it has been chemically treated in accordance with applicable law to kill all dotted duckweed that may be present. The provision is necessary, in concert with the provisions of proposed new subsection (b)(2), to ensure that water leaving any facility is free of viable dotted duckweed. Proposed new subsection (b)(2) would require all water leaving a facility to be passed through equipment that reduces plant material to a size of 100 micrometers or smaller (based upon seed size), which must be maintained to meet the regulatory standard at all times. The department has determined that the combination of chemical and physical treatments of culture media result in reasonable confidence that viable dotted duckweed will not escape from facilities where it is cultivated. Proposed new paragraph (b)(3) would explicitly state that it is an offense for any person to allow or cause culture pond water to drain into any ditch, storm drain, channel, conduit, stream, or other pathway that drains into or could drain into public water to provide reasonable confidence that viable dotted duckweed will not be spread to the environment. The department wishes to make absolutely and unmistakably clear that failure to contain dotted duckweed as a result of pond draining procedures is a crime.
Proposed new subsection (c) would establish facility standards where dotted duckweed is authorized to be cultured. Proposed new subsection (c)(1) would require all facilities and infrastructure used for the culture, harvesting, and packaging of dotted duckweed to be completely enclosed within a permanent, department-approved structure. The provision is necessary to ensure that there is a physical barrier at all times between viable dotted duckweed and the external environment. Proposed new subsection (c)(2) would require all points of entry or access to structures containing viable dotted duckweed to be kept closed except for immediate use for ingress or egress of personnel, equipment, or machinery. The provision is necessary to minimize, to the greatest extent practicable, the opportunity for waterfowl or other vectors to transport dotted duckweed from facilities to the external environment.
Proposed new subsection (d) would prescribe best practices for the processing and transport of dotted duckweed. Proposed new subsection (d)(1) would stipulate that the processing of dotted duckweed occur only within permitted facilities, and reiterate that allowing dotted duckweed to leave a facility except as provided by rule is a criminal offense. The provision is necessary to make it abundantly clear that dotted duckweed cannot be removed or allowed to leave a facility except as specifically provided by rule.
Proposed new subsection (d)(2) would prohibit the removal of dotted duckweed and any byproducts of the processing of dotted duckweed from a facility unless it has been passed through at least one department-approved mechanical device that reduces plant material to particles of a size no greater than 100 micrometers, and for all such equipment to be constantly maintained to achieve this standard. As noted previously in this preamble, the department has determined that physical treatment of organic material to render it non-viable is necessary to provide reasonable confidence that viable dotted duckweed will not be spread to the environment from facilities where it is cultivated.
Proposed new subsection (d)(3) would specifically authorize the possession, transport, sale, and export of non-viable dotted duckweed remnants and plant material byproducts. The department has determined that upon satisfaction of the various provisions of the rules, there is no longer a need to regulate the possession of materials that are incapable of negative impacts to native ecosystems.
Proposed new subsection (e) would require a permittee to ensure that all water and wastewater discharges at a facility are compliant with applicable rules of the Texas Commission on Environmental Quality, which is necessary because such requirements may differ from animal aquaculture wastewater discharge authorization requirements applicable to other permitted aquaculture facilities.
2. Fiscal Note.
Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be minimal fiscal implications to state or local governments as a result of administering or enforcing the rules. The department estimates that at least one controlled exotic species commercial aquaculture permit will be issued for dotted duckweed, resulting in first-year revenue to the department of $263. For each year after initial permit issuance, a permit may be renewed for one year at $74, three years at $168, or five years at $263, contingent upon compliance history.
There will be no fiscal implications for other units of state or local government as a result of enforcing or administering the rules.
3. Public Benefit/Cost Note.
Mr. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rules will be adequate protection of public natural resources.
There will be adverse economic effect on persons required to comply with the rules as proposed, which are addressed later in this preamble in the analysis of the effect of the rules on small business, microbusiness, and rural communities. As noted elsewhere in this preamble, the department is aware of one entity that would engage in the culture of dotted duckweed if the rules as proposed are adopted, and that entity already meets the requirements of the proposed rules; thus, the estimated adverse economic effects of the rules would apply only to future applicants, if there are any.
(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.
The department is aware of one small business that would be engaged in the cultivation of dotted duckweed if the rules as proposed are adopted, namely, the petitioner. The rules as proposed would require the construction of some kind of permanent structure to house culture ponds and processing areas and require chemical and mechanical treatment of plant material and culture media. The entity that has petitioned the department is already culturing similar but non-prohibited species of aquatic plants in structures that would be compliant with the requirements of the proposed rules, using maceration equipment that also is compliant with the requirements of the proposed rules, and already possesses pesticides meeting the requirements of the proposed rule; thus, for the only small or microbusiness known or expected to be affected by the rules as proposed, there would be no direct adverse economic impacts or minimal adverse economic impacts. The department has no method of determining the future demand for permits to cultivate dotted duckweed; however, initial costs for prospective permittees would consist of approximately $3,000-$12,000 per greenhouse (enclosed structure), approximately $500 per macerator pump per facility or per greenhouse (dependent upon facility operational parameters); and approximately $500 for pesticides sufficient for one water draining event per year. The department notes that the rules do not stipulate specific construction materials or design elements for greenhouses, only that whatever structure is built must completely enclose all culture ponds and, in the determination of the department, function as a credible physical barrier between the culture ponds and the external environment; therefore, there is wide variability in possible structures and associated construction costs, ranging from simple hoop structures to more complex structures, as well a variety of materials, from hardened plastic or glass to wood or metal.
The department has determined that the rules as proposed will not have any direct economic effect on any rural community.
The department considered several alternatives to the rules as proposed.
One alternative considered was to remove dotted duckweed from the list of exotic harmful or potentially harmful plants, which would allow the cultivation of dotted duckweed without regulatory oversight, including by aquarium hobbyists. This alternative was rejected because the department has an affirmative duty under the Parks and Wildlife Code to protect native systems and species from harmful exotic species and unregulated possession of dotted duckweed is highly likely to result in escape.
One alternative was to do nothing and maintain status quo, leaving the possession and cultivation of dotted duckweed illegal. This alternative was rejected because the staff recommendation regarding the petition for rulemaking was to proceed to rulemaking.
Another alternative was to prescribe more prescriptive facility requirements to absolutely and definitively preclude the possible escape of dotted duckweed. This alternative was rejected because staff has determined that the measures as proposed are believed to be an appropriate and sensible accommodation of the petitioner’s request while discharging the regulatory responsibilities of the department under the Parks and Wildlife Code.
(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 rules 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 rules.
(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 rules.
(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 an existing fee;
(5) not create or repeal an existing regulation, but will expand an existing regulation (by adding dotted duckweed to the list of species for which commercial culture is permitted);
(6) not increase or decrease the number of individuals subject to regulation; and
(7) not positively or adversely affect the state’s economy.
4. Request for Public Comment.
Comments on the proposed rules may be submitted to Monica McGarrity, Senior Scientist for Aquatic Invasive Species, email: monica.mcgarrity@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 amendments are proposed under the authority of Parks and Wildlife Code, §66.007, which authorizes the department to make rules necessary to authorize the import, possession, sale, or introduction of harmful or potentially harmful exotic fish.
The proposed amendments affect Parks and Wildlife Code, Chapter 66.
6. Rule Text.
§57.114. Controlled Exotic Species Permit.
(a) (No change.)
(b) Commercial Aquaculture Facility Permits.
(1) Controlled exotic species facility permits may be issued for commercial aquaculture, in accordance with the provisions of this subchapter, only for the following species:
(A) – (C) (No change.)
(D) Dotted duckweed — (Landoltia punctata) in compliance with the provisions of §57.129 of this title (relating to Special Provisions—Dotted Duckweed).
(2) (No change.)
(c) – (f) (No change.)
§57.129. Special Provisions — Dotted Duckweed.
(a) General.
(1) In addition to the requirements of the provisions of §57.119 of this title (relating to Minimum Facility Requirements), the provisions of this section apply to facilities permitted to culture dotted duckweed under the provisions of this subchapter. For the purposes of this section, a culture pond is any reservoir of water used as media for the cultivation and harvest of dotted duckweed in a facility permitted to do so under this subchapter.
(2) The department will not approve a permit under this section for any facility located in a part of the state that is both south of State Highway 21 and east of I-35.
(b) Culture ponds.
(1) Water may not be drained from a culture pond until all dotted duckweed in the culture pond has been killed in accordance with applicable law by application of pesticides or other chemicals approved for aquatic use by the U.S. Environmental Protection Agency and Texas Department of Agriculture.
(2) No water from a culture pond may be allowed to exit a greenhouse or other such confinement structure unless all culture pond water and plant material have been passed through at least one macerator pump or similar department-approved mechanical device that reduces plant material to particles of a size no greater than 100 micrometers. All equipment required by this subparagraph shall be maintained to ensure the particle size limit established by this subparagraph is not exceeded at any time.
(3) It is an offense for any person to allow or cause culture pond water to drain into any ditch, storm drain, channel, conduit, stream, or other pathway that drains into or could drain into public water.
(c) Facility requirements.
(1) All culture ponds and harvesting equipment (including but not limited to conveyor belts, transport infrastructure, processing infrastructure, and all other equipment or infrastructure associated with culture, harvest, and transport of dotted duckweed) within a facility shall be fully enclosed within a permanent, department-approved structure such as a greenhouse or other enclosure that the department determines is sufficient to prevent the escape of dotted duckweed.
(2) All doors and access points to greenhouses or structures used to enclose culture ponds and all access points to infrastructure used to transport dotted duckweed shall remain closed at all times except for purposes of immediate use for ingress or egress of personnel, equipment, or machinery.
(d) Processing requirements.
(1) Dotted duckweed may be processed only within a permitted aquaculture facility. Except as provided for drainwater under paragraph (1) of this subsection, it is an offense for any person to allow or cause dotted duckweed to leave a facility for any reason.
(2) No plant material, including dotted duckweed and any byproducts or remnants of processing operations, may be removed from the permitted facility for any reason unless it has been passed through at least one macerator pump or similar department-approved mechanical device that reduces plant material to particles of a size no greater than 100 micrometers. All equipment required by this subparagraph shall be maintained to ensure the particle size limit established by this subparagraph is not exceeded at any time.
(3) Dotted duckweed remnants and plant material byproducts that have been rendered non-viable in accordance with the provisions of subparagraph (B) of this paragraph may be possessed, transported, sold, or exported without a controlled exotic species permit.
(e) Wastewater discharge. A permittee shall ensure that all discharge of wastewater from a permitted facility occurs in compliance with all applicable regulatory requirements of the Texas Commission on Environmental Quality.
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 9
Presenter: Stan David
Land Acquisition – Briscoe County – Approximately 1,120 Acres at Caprock Canyons State Park and Trailway – Request Permission to Begin the Public Notice and Input Process
I. Executive Summary:
Staff seeks approval to acquire a 1,120-acre parcel from a willing seller to add to Caprock Canyons State Park and Trailway. The land would increase the habitat for the State Bison Herd as well as expand recreational opportunities at the state park.
II. Discussion:
Caprock Canyons State Park and Trailway consists of approximately 15,300 acres in Briscoe County, making it the third largest state park in Texas. Caprock Canyons State Park opened in 1982. In 1993, the trailway was created after Texas Parks and Wildlife Department (TPWD) acquired 64.25 miles of right-of-way from the abandoned Fort Worth and Denver Railroad lines between Estelline and South Plains. Today, the park hosts the State Bison Herd, which was originally preserved by Charles Goodnight and his wife and donated to the State of Texas in 1997.
Staff prioritizes acquiring state park inholdings and adjacent properties from willing sellers to minimize operational and management conflicts and ensure the conservation of TPWD public lands. Staff has identified an adjacent 1,120-acre parcel available for purchase from a willing seller, which would provide additional habitat for the State Bison Herd as well as expand recreational opportunities at the park. The property includes 4.1 miles of Holmes Creek and Dry Creek, cultural resources, and native wildlife habitat.
Staff requests permission to begin the public notice and input process.
Attachments – 3
Work Session Agenda Item 9
Exhibit A
Location Map for Caprock Canyons State Park and Trailway
Briscoe County
Work Session Agenda Item 9
Exhibit B
Vicinity Map for Caprock Canyons State Park and Trailway
Briscoe County
Work Session Agenda Item 9
Exhibit C
Site Map of Proposed Acquisition
Caprock Canyons State Park Outlined in Red
Subject Tract Outlined in Yellow
Work Session Agenda Item 13
Presenter: Stan David
Land Acquisition – Kinney and Edwards Counties – Approximately 54,000 Acres for a New State Park – Request Permission to Begin the Public Notice and Input Process
I. Executive Summary:
Staff requests authorization to pursue the acquisition of an approximately 54,000-acre tract of land for a new state park from a willing seller.
II. Discussion:
The property proposed for acquisition consists of approximately 54,000 acres, including 7.5 miles of the West Nueces River, a 30-acre lake within the Nueces River, with waterholes across the property. The property also features steep canyons and rolling hills. It is located approximately 15 miles east of Kickapoo Cavern State Park. Staff believes this property is suitable for a new state park, and acquisition will create additional recreation opportunities and habitat protection for native wildlife.
Staff prioritizes acquiring state park inholdings and new state parks from willing sellers to improve recreational opportunities, conserve fish and wildlife habitat, and ensure the conservation of existing Texas Parks and Wildlife Department public lands. Acquisition of this tract will add a new state park to the department’s public land system and provide greater outdoor experiences and opportunities for the citizens of Texas.
Staff requests permission to begin the public notice and input process.
Attachments – 3
Work Session Agenda Item 13
Exhibit A
Location Map for Subject Tract
Kinney and Edwards Counties
Work Session Agenda Item 13
Exhibit B
Vicinity Map for Subject Tract
Approximately 15 Miles East of Kickapoo Cavern State Park
Work Session Agenda Item 13
Exhibit C
Area Map of Proposed Acquisition
Kickapoo Cavern State Park Outlined in Red
Subject Tract Outlined in Yellow
Work Session Agenda Item 14
Presenter: Zeke Sanchez
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.