Advisory Committee Rules - Recommended Adoption of Proposed Changes

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Commission Agenda Item No. 4
Presenter: Craig Bonds

Action
Advisory Committee Rules
Recommended Adoption of Proposed Changes
August 20, 2026

I.      Executive Summary: Staff seeks adoption of proposed amendments to rules governing Texas Parks and Wildlife Department (TPWD) advisory committees. The proposed amendments would extend the duration of the advisory committees, standardize member term lengths, and modify the name and purpose of one committee.

II.     Discussion: Texas Parks and Wildlife Code section 11.0162 authorizes the chair of the Texas Parks and Wildlife Commission (Commission) to appoint committees to advise the Commission on issues under its jurisdiction. Texas Government Code chapter 2110 requires state agencies to adopt rules regarding their advisory committees. Unless otherwise provided by statute, the rules must: (1) state the purpose of the committee; (2) describe the manner in which the committee will report to the agency; and (3) establish when the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute.

The proposed amendments establish a new expiration date of July 1, 2030, for those advisory committees that are not statutorily prescribed. The proposed amendments also establish that advisory committee members will generally serve four-year terms and may serve beyond their term expiration date until the Commission chair appoints a replacement. In addition, the proposed amendments would rename the Wildlife Diversity Advisory Committee to the Wildlife Conservation Advisory Committee and make other edits to more accurately reflect the committee’s programmatic purview and terminology. Finally, the amendments replace the term “chairman” with “chair” when referencing the Commission chair.

At the Commission Work Session meeting on March 25, 2026, staff was authorized to publish the proposed rules in the Texas Register for public comment. The proposed rules appeared in the July 17, 2026, issue of the Texas Register (51 TexReg 4660). A summary of public comment on the proposed rules will be presented at the time of the meeting.

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

“The Texas Parks and Wildlife Commission adopts amendments to Title 31 of the Texas Administrative Code, sections 51.601, 51.606-51.615, 51.631, and 51.671-51.673, as listed in Exhibit A, with changes as necessary to the proposed text as published in the July 17, 2026, issue of the Texas Register (51 TexReg 4660).”

Attachment — 1

Exhibit A – Advisory Committee Rules

Commission Agenda Item No. 4
Exhibit A

ADVISORY COMMITTEE RULES

PROPOSAL PREAMBLE

1. Introduction.

        The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §§51.601, 51.606-51.615, 51.631, and 51.671-51.673, concerning Advisory Committees.

        The proposed amendments would establish an expiration date of July 1, 2030, for the following advisory committees: White-tailed Deer Advisory Committee (WTDAC), Migratory Game Bird Advisory Committee (MGBAC), Upland Game Bird Advisory Committee (UGBAC), Private Lands Advisory Committee (PLAC), Bighorn Sheep Advisory Committee (BSAC), Wildlife Diversity Advisory Committee (WDAC), Mule Deer Advisory Committee (MDAC), Urban Outreach Advisory Committee (UOAC), Accessibility Advisory Committee (AAC), Boating and Waterways Advisory Committee (BWAC), Freshwater Fisheries Advisory Committee (FFAC), State Parks Advisory Committee (SPAC), Coastal Resources Advisory Committee (CRAC), and Oyster Advisory Committee (OAC). The department believes that these advisory committees continue to perform a valuable service for the department; therefore, the department wishes to continue these advisory committees.

        Parks and Wildlife Code, §11.0162, authorizes the chair of the Texas Parks and Wildlife Commission to "appoint committees to advise the commission on issues under its jurisdiction." Government Code, Chapter 2110, requires that rules be adopted regarding each state agency advisory committee. Unless otherwise provided by specific statute, the rules must (1) state the purpose of the committee; (2) describe the manner in which the committee will report to the agency; and (3) establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute.

The proposed amendment to §51.601, concerning General Requirements, would establish the duration of committee member terms in generic language and provide for committee members to serve beyond the expiration date of their terms until a replacement is appointed by the chair, and replace the word “Chairman” with the word “chair” (which is done throughout the rules as well), which is intended to replace archaic language with generic references in a spare style to reflect modern usage and code construction practices.

        The proposed amendment to §51.611, concerning Wildlife Diversity Advisory Committee (WDAC), renames the committee and makes conforming changes to references accordingly, which is necessary to avoid potential confusion.

2. Fiscal Note.

        Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years the amendments are in effect, there will be no fiscal implications to 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 the rules as proposed are in effect:

        (A) The public benefit anticipated as a result of enforcing or administering the rules as proposed will be to ensure proper management and effective use of department advisory committees.

        (B) There will be no adverse economic effect on persons required to comply with the amendments as proposed.

        (C) The department has determined that small or microbusinesses and rural communities will not be affected by the proposed rules. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

        (D) The department has not filed a local impact statement with the Texas Workforce Commission as required by the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not impact local economies.

        (E) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rules.

        (F) 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.

        (G) In compliance with the requirements of Government Code, §2001.0241, 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) not affect the amount of any fee;

                 (5) not create a new regulation;

                 (6) not expand, limit, or repeal an existing regulation;

                 (7) neither increase nor decrease the number of individuals subject to regulation; and

                 (8) neither positively nor negatively affect the state’s economy.

4. Request for Public Comment.

        Comments on the proposed rules may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775; by email at robert.macdonald@tpwd.texas.gov, or via the department website at https://tpwd.texas.gov/.

5. Statutory Authority.

        The amendments are proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §2110.005 and §2110.008.

        The proposed amendments affect Parks and Wildlife Code, §11.0162 and Government Code, §2110.005 and §2110.008.

6. Rule Text.

        §51.601. General Requirements.

                 (a) Definitions. The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise.

                         (1) (No change.)

                         (2) Chair[Chairman] — the chair[chairman] of the Texas Parks and Wildlife Commission.

                         (3) – (5) (No change.)

                 (b) Creation. The chair[Chairman] may appoint advisory committees to advise the commission on issues within the jurisdiction of the department or the commission.

                 (c) — (d) (No change.)

                 (e) Membership. The chair[chairman] may, in his or her sole discretion, appoint individuals to serve on an advisory committee. Membership in an advisory committee will not exceed 24 (excluding ex officio members). Unless otherwise provided by specific statute, membership of each advisory committee shall be balanced to ensure representation of industries or occupations regulated or directly affected by the department and consumers of services provided by the department or by the industries or occupations regulated by the department to which the advisory committee relates. Each advisory committee shall include at least one department employee as an ex officio member. Members may be subject to removal and/or replacement at the discretion of the chair[Chairman].

(f) Term of members.

(1) Unless expressly provided in this subchapter or other law, the term of an advisory committee member shall be four years from the date of appointment[the term of advisory committee members shall be as follows:]

                                  [(1) The term of each member of an agency advisory committee who was appointed prior to January 1, 2022 will expire on July 1, 2026].

                                  [(2) The term of each member of an agency advisory committee member appointed on or after January 1, 2022 will expire July 1, 2026].

(2) A committee member may continue to serve after the expiration date of a term until the chair appoints a replacement.

                 (g) Presiding officer. The presiding officer of each advisory committee shall be selected by the members of the advisory committee from its membership. The chair[chairman] may make a recommendation to the advisory committee regarding the presiding officer.

                 (h) Subcommittees. The chair[chairman] may also appoint one or more subcommittees of an advisory committee, so long as the membership of the advisory committee, including any subcommittees does not exceed 24.

                 (i) (No change.)

(j) Reports. On or before October 1 of each year of its existence, each advisory committee shall submit a report to the department. Upon receipt of the report, the department shall evaluate the advisory committee’s work, usefulness and costs related to the committee’s existence, including the cost of agency staff time spent in support of the committee’s activities. Each report shall included the following:

                         (1) – (2) (No change.)

                         (3) other information determined by the advisory committee or the chair[chairman] to be appropriate and useful.

                 (k) – (m) (No change.)

        §51.606. White-tailed Deer Advisory Committee (WTDAC).

                 (a) – (c) (No change.)

                 (d) The WTDAC shall expire on July 1, 2030[2026].

        §51.607. Migratory Game Bird Advisory Committee (MGBAC).

                 (a) – (c) (No change.)

                 (d) The MGBAB shall expire on July 1, 2030[2026].

        §51.608. Upland Game Bird Advisory Committee (UGBAC).

                 (a) – (c) (No change.)

                 (d) The UGBAC shall expire on July 1, 2030[2026].

        §51.609. Private Lands Advisory Committee (PLAC).

                 (a) The PLAC is created to advise the department on all matters pertaining to wildlife programs, management, and research on private lands in Texas, including the following:

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

                         (4) any other matters at the request of the chair[chairman].

                 (b) – (c) (No change.)

                 (d) The PLAC shall expire on July 1, 2030[2026].

        §51.610. Bighorn Sheep Advisory Committee (BSAC).

                 (a) – (c) (No change.)

(d) The BSAC shall expire on July 1, 2030[2026].
§51.611. Wildlife Conservation[Diversity] Advisory Committee (WCAC)[(WDAC)].

                 (a) The WCAC[WDAC] shall advise the department on matters pertaining to management, research, and outreach activities related to furbearers, nongame, and rare species in the State of Texas, including the following:

                         (1) development and implementation of the wildlife conservation-[diversity]related projects, grants, and policy;

                         (2) wildlife [diversity] conservation and regulations; and

                         (3) technical guidance and outreach[education and communications] with various constituent groups and individuals interested in wildlife conservation[diversity] in the state of Texas.

                 (b) The composition of the WCAC[WDAC] shall represent landowner and conservation organizations in Texas.

                 (c) The WCAC[WDAC] shall comply with the requirements of §51.601 of this title (relating to General Requirements).

                 (d) The WCAC[WDAC] shall expire on July 1, 2030[2026].

        §51.612. Mule Deer Advisory Committee (MDAC).

                 (a) – (c) (No change.)

                 (d) The MDAC shall expire on July 1, 2030[2026].

        §51.613. Urban Outreach Advisory Committee (UOAC).

                 (a) – (c) (No change.)

                 (d) The UOAC shall expire on July 1, 2030[2026].

        §51.614. Accessibility Advisory Committee (AAC).

                 (a) – (c) (No change.)

                 (d) The AAC shall expire on July 1, 2030[2026].

        §51.615. Boating and Waterways Advisory Committee (BWAC).

                 (a) – (c) (No change.)

                 (d) The BWAC shall expire on July 1, 2030[2026].

        §51.631. Freshwater Fisheries Advisory Committee (FFAC).

        (a)  (No change.)

        (b) The FFAC shall consist of individuals representing the state’s freshwater angling public, the aquaculture industry, the freshwater fishing industry, fisheries educators, and conservation groups. Each member shall serve two-year or four-year terms as designated by the chair[chairman], and terms may be staggered to ensure continuity.

        (c) (No change.)

                 (d) The FFAC shall expire on July 1, 2030[2026].

        §51.671. State Parks Advisory Committee (SPAC).

                 (a) The SPAC is appointed to advise the chair[chairman] and the commission regarding state parks.

                 (b) (No change.)

                 (c) The SPAC shall expire on July 1, 2030[2026].

        §51.672. Coastal Resources Advisory Committee (CRAC).

                 (a) The CRAC is created to advise the chair[chairman] and the commission on issues that cross fishery and geographic boundaries on the coast of Texas.

                 (b) – (c) (No change.)

                 (d) The CRAC shall expire on July 1, 2030[2026].

        §51.673. Oyster Advisory Committee (OAC).

                 (a) – (c) (No change.)

                 (d) The OAC shall expire on July 1, 2030[2026].

        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