Implementation of Legislation During the 89th Texas Legislative Session – House Bill 3088 – Relating to the Authority of the Parks and Wildlife Department to Procure Goods and Services Related to Items for Resale by the Department

Please limit submissions to one per person. (Por favor limite sus comentarios a uno por persona)

Summary

• English Summary
• Resumen en español

Commission Agenda Item No. 4
Presenter: Craig Bonds

Action
Implementation of Legislation During the 89th Texas Legislative Session – House Bill 3088
Relating to the Authority of the Parks and Wildlife Department to Procure Goods and Services Related to Items for Resale by the Department
Recommended Approval of Procurement Methods
January 22, 2026

I.        Executive Summary: Staff seeks approval of proposed procurement methods related to concession resale items. The provisions of House Bill (HB) 3088, adopted during the 89th Texas Legislative Session, granted Texas Parks and Wildlife Department (TPWD) expanded purchasing authority for resale items.

II.      Discussion: State procurement requirements have hampered TPWD’s ability to efficiently and cost-effectively procure site-specific, customized, and desirable products to resell to customers at its concession operations at TPWD sites. HB 3088 amended Texas Parks and Wildlife Code section 11.0171 to allow TPWD to procure goods and services related to items for resale by the department by any method approved by the Texas Parks and Wildlife Commission (Commission), provided the method provides the best value to the department.

To prevent inadequate inventory and to provide allowance to acquire quality products and/or services for timely resale, staff have determined that purchases identified as concession purchases will be procured using the concession payment card direct award method. Staff have further determined that once a concession purchase’s established trend or sales cycle can be observed to evaluate a vendor’s and product’s performance, staff may utilize the contract procurement method to document a recurring purchase.

To promote ethical and accountable purchasing practices in the procurement of items for resale, TPWD maintains detailed policies and procedures, a summary of which are described in Exhibit A. Employees are also required to complete specialized procurement training focused on the resale item procurement methods. Additionally, employees must consult a direct award decision-making matrix prior to purchase to ensure each purchase aligns with agency standards and accountability expectations.

Staff requests Commission approval of the concession payment card direct award and contract procurement methods, which will provide best value to TPWD by streamlining the purchasing of resale items and delivering high-quality products to visitors.

III.     Recommendation: Staff recommends that the Commission adopt the following motion:

“The Texas Parks and Wildlife Commission adopts the Resolution attached as Exhibit B approving the concession payment card direct award and contract procurement methods.”

1. Exhibit A – Summary of Internal Policy and Procedure Requirements for Procurement of Goods and Service for Resale
2. Exhibit B – Resolution

Commission Agenda Item No. 4
Exhibit A

Summary of Internal Policy and Procedure Requirements for Procurement of Goods and Service for Resale

BF-03-102: Concession Payment Card Program Procedures (currently in draft form)

The Concession Payment Card Program enables Texas Parks and Wildlife Department (TPWD) staff to efficiently purchase items for resale using a state-issued credit card. Governed by Parks and Wildlife Code §11.0171, the program streamlines procurement, supports local businesses, and enhances park store operations.

Key elements:

• Use limited to resale items only
• Requires training, application to receive the card, and supervisor approval
• Emphasis on best value, compliance, and timely reconciliation
• Established spending controls, purchasing limits, and direct award decision matrix

The program improves operational efficiency while maintaining accountability and fiscal responsibility.

BF-03-01: Payment Card Policy

The Payment Card Policy (BF-03-01) establishes guidelines for the use of operating and concession payment cards. These cards streamline small-dollar purchases for both operational needs and resale items, while ensuring compliance with state laws and internal controls.

Key elements:

• Cards are for official TPWD business only
• Issued only to trained staff with a demonstrated business need
• Use is governed by strict spending limits, documentation, and reconciliation procedures
• Divisions must appoint a Credit Card Coordinator and maintain compliance
• Policy aligns with Parks and Wildlife Code §11.0171 and Comptroller of Public Accounts regulations

The policy supports efficient purchasing while safeguarding public resources.

BF-07-02: Purchasing and Contracting Policy

The Purchasing and Contracting Policy (BF-07-02) establishes standardized procedures for all TPWD purchasing and contracting activities. It ensures compliance with state laws, promotes ethical practices, and defines training, certification, and approval requirements for staff.

Key elements:

• Adherence to state procurement laws and TPWD guidelines
• Required ethics training and procurement certifications
  • Certified Texas Contract Developer
  • Certified Texas Contract Manager
• Defined purchasing authority levels based on training and experience
• Clear documentation, compliance, and approval protocols
• Special provisions for Information Technology, emergency, proprietary, and concession purchases

The policy ensures transparency, accountability, and efficiency in TPWD’s procurement and contracting operations.

Commission Agenda Item No. 4
Exhibit B

A Resolution by the Texas Parks and Wildlife Commission
Approving Procurement Methods for Items for Resale by Texas Parks and Wildlife Department

     Whereas, Texas Parks and Wildlife Department (Department) operates various concessions at Department sites that offer unique products and services to customers that help build memories of the visit or activity, and/or provide a memento reflecting the historical, cultural, or ecological significance of a site;

     Whereas, state procurement requirements hampered the Department’s ability to efficiently and cost-effectively procure site-specific, customized, and desirable products to resell to customers at its concession operations;

     Whereas, House Bill 3088 from the 89th Texas Legislature (2025) amended Parks and Wildlife Code §11.0171 to allow the Department to procure goods and services related to items for resale by the Department by any method approved by the Texas Parks and Wildlife Commission (Commission), provided the method provides the best value to the Department;

     Whereas, the Department has determined that to prevent inadequate inventory and to provide allowance to acquire quality products and/or services for timely resale, purchases identified as concession purchases will be procured using the concession payment card direct award method;

     Whereas, the Department has further determined that once a concession purchase’s established trend or sales cycle can be observed to evaluate a vendor’s and product’s performance, the Department may utilize the contract procurement method to document a recurring purchase;

     Whereas, the Department has determined that the concession payment card direct award and contract procurement methods will provide the best value to the Department when it purchases items for resale;

     Whereas, the Department will ensure appropriate use of the concession payment card direct award and contract procurement methods by utilizing comprehensive decision-making matrices, adhering to established policies and procedures, and providing staff with relevant training;

     Now, therefore, the Commission approves the concession payment card direct award and contract methods of procurement under Parks and Wildlife Code §11.0171(e).

Adopted and approved this 22^nd day of January, 2026.