HBA-NIK H.B. 2272 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2272
By: Ritter
State Recreational Resources
4/16/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, the Texas Parks and Wildlife Department (department) maintains
numerous advisory committees that provide guidance and input on different
issues under the jurisdiction of the department.  These committees are
authorized and managed in different ways, as directed by statute. H.B 2272
authorizes the chairman of the Parks and Wildlife Commission (commission)
to appoint and manage committees to advise the commission on issues under
its jurisdiction.  This bill also repeals statutory requirements for
specified committees and boards 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the chairman of the Parks and Wildlife
Commission in SECTION 1 (Section 11.0162, Parks and Wildlife Code) of this
bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 11, Parks and Wildlife Code, by
adding Section 11.062, as follows: 

Sec. 11.0162.  ADVISORY COMMITTEES TO COMMISSION.  Authorizes the chairman
of the Parks and Wildlife Commission (chairman) to appoint committees to
advise the Parks and Wildlife Commission (commission) on issues under its
jurisdiction.  Authorizes the chairman to adopt rules that set the
membership, terms of service, qualifications, operating procedures, and
other standards to ensure the effectiveness of an advisory committee
appointed under this section. 

SECTION 2.  Repealer: 

Sections 22.002 (Fannin State Park Advisory Committee), 22.003 (Meetings),
22.004 (Powers of Advisory Commission), and 22.005 (Data), Parks and
Wildlife Code. 

Sections 22.012 (San Jacinto Historical Advisory Board), 22.013 (Meetings),
22.014 (Powers of the Board), and 22.015 (Data), Parks and Wildlife Code.  

Sections 22.262 (Battleship "Texas" Advisory Board), 22.263 (Meetings), and
22.264 (Functions), Parks and Wildlife Code. 

Section 28.003 (Advisory Council), Parks and Wildlife Code.

Section 49.016 (Advisory Board), Parks and Wildlife Code.

Section 89.021(d) (State Artificial Reef Plan), Parks and Wildlife Code.

SECTION 3.  Effective date: September 1, 1999.  Provides the expiration of
the term of a member of an advisory committee, commission, or board created
under sections of the Parks and Wildlife Code repealed by SECTION 2 of this
Act, who is serving on August 31, 1999, expires September 1, 1999.
Provides that any bequest, gift, or grant of money or property accepted by
the Fannin State  Park Advisory Commission or by the San Jacinto Advisory
Board under sections of the Parks and Wildlife Code repealed by this Act,
that is held by the board or commission on August 31, 1999, be transferred
to the Parks and Wildlife Department (department).  Requires the department
to use those funds or property for the specified purpose.  Requires the
department to retain all data collected under Sections 22.005 and 22.015,
Parks and Wildlife Code, repealed by SECTION 2 of this Act, and requires
the department to use it to depict the story of Texas history and
independence at the appropriate battleground. 

SECTION 4.  Emergency clause. 

EXPLANATION OF AMENDMENTS

Amendment #1:

(1) Removes Sections 22.012 (San Jacinto Historical Advisory Board), 22.013
(Meetings), 22.014 (Powers of the Board), and 22.015 (Data), Parks and
Wildlife Code, from the list of sections proposed to be repealed. 

(2) Adds new SECTION 3, to amend Section 22.013, Parks and Wildlife Code,
by adding new Subsection (b), as follows: 

(b) Requires the San Jacinto Historical Advisory Board (board) to prepare
minutes for all board meetings and deliver them to the Parks and Wildlife
Commission (commission). Requires the board to deliver the board's bylaws
and any changes made to the bylaws to the commission.  Requires any minutes
or bylaws delivered to the commission to be delivered by the member of the
board who is an employee of the Texas Parks and Wildlife Department. 

(3) Makes a conforming change with respect to the reinstatement of Section
22.012 by this amendment. 

(4) Makes a conforming change with respect to the reinstatement of Section
22.014 by this amendment. 

(5) Makes a conforming change with respect to the reinstatement of Section
22.014 by this amendment. 

(6) Removes the word "appropriate" from the description of the battleground
at which the department is required to depict the story of Texas history
and independence.