Legislative Rule Review- Proposed Changes to Chapter 69, Resource Protection

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LEGISLATIVE RULES REVIEW

CHAPTER 69. RESOURCE PROTECTION

SUBCHAPTER A — ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS

SUBCHAPTER J — SCIENTIFIC, EDUCATIONAL, AND ZOOLOGICAL PERMITS

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department (TPWD) proposes amendments to 31 TAC §69.4 and §69.8, concerning Endangered, Threatened, and Protected Native Plants, and §69.304 and §69.305, concerning Scientific, Educational, and Zoological Permits. The proposed amendments would make corrections to internal citations and update scientific names and organizational titles. The proposed amendments are nonsubstantive.

        The proposed amendment is a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

        The proposed amendment t §69.4, concerning Renewal, corrects an erroneous internal citation.

        The proposed amendment to §69.8, concerning Endangered and Threatened Plants, would update the scientific names for two species of plants. From time to time the consensus of the scientific community with respect to taxonomic differentiation changes, necessitating updates to department rules to reflect that fact.

        The proposed amendment to §69.304, concerning Qualifications, and §69.305, concerning Reports, would update the name of an accrediting organization.

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 no fiscal implications to state or local governments as a result of administering or enforcing the rules.

3. Public Benefit/Cost Note.

        Mr. Macdonald 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 accurate rule language.

        There will be no adverse economic effect on persons required to comply with the rules, as the proposed amendments are nonsubstantive.

        (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 has determined that the proposed rules would result in no direct economic effect on any small businesses, micro-businesses, or rural community, as the proposed amendments are nonsubstantive; 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 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 neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of an existing fee; not create, expand, or repeal an existing regulation; not increase or decrease the number of individuals subject to regulation; and not positively or adversely affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposed rule may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775, email: Robert.Macdonald@tpwd.texas.gov. Comments also may be submitted via the department’s website at www.tpwd.texas.gov.

5. Statutory Authority.

        The amendment is proposed under the authority of Parks and Wildlife Code, §88.006, which requires the department to adopt regulations to administer the provisions of this chapter, including regulations to provide for procedures for identifying endangered, threatened, or protected plants.

        The proposed amendments affect Parks and Wildlife Code, Chapter 88.

6. Rule Text.

        §69.4. Renewal. The department may require information in addition to that required by paragraphs (1)-(3)[(4)] of this section. Scientific plant permits may be renewed, provided:

                 (1) — (3) (No change.)

        §69.8. Endangered and Threatened Plants.

                 (a) The following plants are endangered:

Figure: 31 TAC §69.8(a)

large‐fruited sand verbena (Abronia macrocarpa)

South Texas ambrosia (Ambrosia cheiranthifolia)

star cactus (Astrophytum asterias)

Texas ayenia (Ayenia limitaris)

Texas poppy‐mallow (Callirhoe scabriuscula)

Terlingua Creek cat’s‐eye (Oreocrava[Cryptantha] crassipes)

black lace cactus (Echinocereus reichenbachii var. albertii)

Davis’ green pitaya (Echinocereus davisii)

Nellie’s cory cactus (Escobaria minima)

Sneed pincushion cactus (Escobaria sneedii var. sneedii)

Guadalupe fescue (Festuca ligulata)

slender rush‐pea (Hoffmannseggia tenella)

Texas prairie dawn (Hymenoxys texana)

Texas golden gladecress (Leavenworthia texana)

Walker’s manioc (Manihot walkerae)

Texas trailing phlox (Phlox nivalis ssp. texensis)

white bladderpod (Physaria pallida)

Zapata bladderpod (Physaria thamnophila)

Little Aguja pondweed (Potamogeton clystocarpus)

Tobusch fishhook cactus (Sclerocactus brevihamatus ssp. tobuschii)

Navasota ladies’‐tresses (Spiranthes parksii)

Texas snowbells (Styrax platanifolius ssp. texanus)

ashy dogweed (Thymophylla tephroleuca)

Texas wild‐rice (Zizania texana)

        (b) The following plants are threatened:

Figure: 31 TAC §69.8(b)

Leoncita false‐foxglove (Agalinis calycina)

bunched cory cactus (Coryphantha ramillosa ssp. ramillosa)

dune umbrella‐sedge (Cyperus onerosus)

Chisos Mountains hedgehog cactus (Echinocereus chisosensis var. chisosensis)

Lloyd’s Mariposa[mariposa] cactus (Sclerocactus[Echinomastus] mariposensis)

small‐headed pipewort (Eriocaulon koernickianum)

brush‐pea (Genistidium dumosum)

earth fruit (Geocarpon minimum)

Pecos sunflower (Helianthus paradoxus)

Neches River rose‐mallow (Hibiscus dasycalyx)

rock quillwort (Isoetes lithophila)

gypsum scalebroom (Lepidospartum burgessii)

Livermore sweet‐cicely (Osmorhiza bipatriata)

Hinckley’s oak (Quercus hinckleyi)

Houston daisy (Rayjacksonia aurea)

                 (c) (No change.)

        This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the authority of the agency to adopt.

        Issued in Austin, Texas, on

        The amendments are proposed under Parks and Wildlife Code, §43.002, which requires the commission to adopt rules to govern the collecting, holding, possession, propagation, release, display, or transport of protected wildlife for scientific research, educational display, zoological collection, or rehabilitation.

        The proposed amendments affect Parks and Wildlife, Chapter 43.

        §69.304. Qualifications.

                 (a) Zoological collection permits shall be issued only to agents of entities that are either:

                         (1) accredited by the Association of Zoos and Aquariums[American Zoo and Aquarium Association] (AZA); or

                         (2) (No change.)

                 (b) — (d) (No change.)

        §69.305. Facility Standards.

                 (a) All live birds or animals possessed under an educational display permit, or under a zoological collection permit in a facility that is not accredited by the AZA[American Zoo and Aquarium Association] shall be kept in enclosures meeting or exceeding the standards set forth in this section.

                 (b) — (g) (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