Fee for Exotic Plant Commercial Culture Permit (Dotted Duckweed) - Recommended Adoption of Proposed Changes

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Commission Agenda Item No. 9
Presenter: Michael Tennant

Action
Fee for Exotic Plant Commercial Culture Permit (Dotted Duckweed)
Recommended Adoption of Proposed Changes
August 20, 2026

I.      Executive Summary: Staff seeks adoption of a proposed amendment to rules governing exotic plant commercial culture permit fees. The proposed changes would revise the permit name and fee schedule to account for the new authorization allowing commercial cultivation of dotted duckweed.

II.     Discussion: Under Texas Parks and Wildlife Code chapter 66, the Texas Parks and Wildlife Commission (Commission) is authorized to designate nonindigenous (exotic) aquatic plant species as harmful or potentially harmful and may regulate the importation, possession, sale, and introduction of these species into public waters.

Under current rule, Texas Parks and Wildlife Department (TPWD) allows the commercial culture of one species of controlled exotic plant (water spinach), which is reflected in TPWD’s permit fee rules. The proposed changes update permit fee rules and clarify that the permit is an “exotic aquatic plant commercial culture permit,” to address the newly authorized commercial cultivation of dotted duckweed in addition to water spinach.

At the Commission Work Session meeting on May 27, 2026, staff was authorized to publish the proposed changes in the Texas Register for public comment. The proposed changes appeared in the July 17, 2026, issue of the Texas Register (51 TexReg 4666). A summary of public comment on the proposed changes will be presented at the time of the meeting.

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

“The Texas Parks and Wildlife Commission adopts an amendment to Title 31 of the Texas Administrative Code, section 53.15, 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 4666).

Attachment — 1

Exhibit A – Fee Rules

Commission Agenda Item No. 9
Exhibit A

FEE RULES

CHAPTER 53. FINANCE

PROPOSAL PREAMBLE

1. Introduction

        The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §53.15, concerning Miscellaneous Fisheries and Wildlife Licenses and Permits. The proposed amendment would acknowledge recent rulemaking by the Parks and Wildlife Commission authorizing the issuance of permits for the commercial culture of dotted duckweed. Under current rule, the department allows the commercial culture of one species of controlled exotic plant (water spinach), which is reflected in the department’s permit fee rules. The permit per se is generic (i.e., it is a class of permit and is not restricted strictly to water spinach). As a result, the fee schedule must be altered to reflect the fact that the permit can now also be issued for the cultivation of dotted duckweed. Additionally, the amendment would refer to the permit by its full technical name, the “exotic aquatic plant commercial culture permit.”

2. Fiscal Note.

        Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the proposed amendment is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.

        There will be no adverse economic effects for persons required to comply with the rule as proposed.

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 rule will be accurate regulations.

        (B) Under 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 and micro-businesses. As required by Government Code, §2006.002(g), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule’s potential adverse economic impact on small businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, 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 rule as proposed affects only internal administrative terminology and does not directly regulate any small business, microbusiness, or rural community; therefore, there will be no adverse economic impact on small businesses, microbusinesses, or rural communities as a result of the proposed rules and neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, are 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 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 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) not affect the amount of any fee (but adds another regulated species to the applicability of an existing permit and fee);

                 (5) not create a new regulation;

                 (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 proposed rules 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 or via the department website at https://tpwd.texas.gov/.

5. Statutory Authority.

        The amendment is proposed under the authority of Parks and Wildlife Code, §66.0072, which requires the commission to adopt rules to implement that section.

        The proposed amendment affects Parks and Wildlife Code, Chapter 66.

6. Rule Text.

        §53.15. Miscellaneous Fisheries and Wildlife Licenses and Permits.

                 (a) — (f) (No change.)

                 (g) Controlled Exotic Species (fish, shellfish and aquatic plants):

                         (1) exotic aquatic plant commercial [water spinach] culture permit (water spinach, dotted duckweed) — $263;

                         (2) exotic fish or shellfish commercial aquaculture permit:

                                  (A) – (D) (No change.)

                         (3) – (6) (No change.)

                 (h) (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