KDB C.S.S.B. 305 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 305
By: Harris
State Recreational Resources
5/4/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Parks and Wildlife Department (department) was created in 1963 by
merging the Game and Fish Commission with the State Parks Board.  The
department has two primary missions: to manage and protect the state's
natural and cultural resources and to provide outdoor recreation
opportunities for Texans.  The department is subject to the Texas Sunset
Act and will be abolished on September 1, 2001, unless continued by the
legislature.  As a result of its review of the department, the Sunset
Advisory Commission recommends the continuation of the department and the
modification of several statutes . C.S.S.B. 305 provides for the
continuation of the department and for the recommended modifications. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated  to the Parks and Wildlife Commission in
SECTION 14 (Section 11.0161, Parks and Wildlife Code), SECTION 15 (Section
11.0172, Parks and Wildlife Code), SECTION 17 (Section 11.0182, Parks and
Wildlife Code), and SECTION 26 (Sections 11.202, 11.203, and 11.205, Parks
and Wildlife Code) of this bill. 

ANALYSIS

C.S.S.B. 305 amends the Parks and Wildlife Code to provide for the
continuation of the Parks and Wildlife Department (department) until
September 1, 2013 (Sec. 11.0111). 

The bill sets forth standard Sunset Advisory Commission recommendations
regarding policy implementation, public representation on the Parks and
Wildlife Commission (commission),  conflicts of interest, equal employment,
member removal, member training, designation of a presiding officer of the
commission by the governor, maintenance of written complaints, standards of
conduct, the state employee incentive program, and development of an equal
employment policy.  The bill authorizes the commission to adopt rules to
define the types of complaints to which provisions relating to complaints
and notification of commission activities apply  (Secs. 11.002,
11.0121-11.0127, 11.014, 11.0161, 11.021, and 11.022). 

The bill requires the commission, or any committee of the commission with
at least five commission members serving on the committee, to provide an
opportunity for public testimony in an open meeting before making a major
decision (Sec. 11.0151). 

The bill requires the governor, in making appointments to the commission,
to attempt to include persons with expertise in diverse fields (Sec.
11.012). 

The bill prohibits the department from contracting with a person regarding
a publication unless the contract provides the department with the
authority to terminate the contract, to retain final approval over the
content of the publication, including advertising, and to request and
receive an appropriate number of copies of the publication that contain
advertising that is appropriate for viewing by youth.  The bill requires
the commission to adopt rules regarding the types of advertising that are
appropriate for viewing by youth. The bill requires the department, not
later than March 1, 2002, to modify or negotiate a modification to a
contract (Sec. 11.0172 and SECTION 47). 
 
The bill requires the department to manage outreach and education
activities to ensure that the activities are consistent with the
department's mission and goals, do not duplicate other efforts by the
department or other entities, provide a cost-effective method for reaching
participants, and can be effectively measured (Sec. 11.0181). 

The bill requires the commission by rule to adopt policies to govern
fundraising activities by department employees on behalf of the department
and sets forth provisions regarding the content of the rules.  The bill
requires the executive director of the department to approve and manage
such fundraising activities (Sec. 11.0182). 

The bill requires the department to calculate the costs of each department
construction project as the project is completed and consider both direct
and indirect costs of department employees who perform project tasks.  The
bill authorizes the department to use the cost accounting procedures and
instructions developed by the State Council on Competitive Government
(council).  The bill requires the council, on request, to provide technical
assistance to the department.  The bill requires the department to evaluate
the costs and benefits of contracting with private entities or individuals
to manage proposed construction related tasks or projects (Sec. 11.0255).   

The bill prohibits the department from accepting a gift or other donation
from a person who holds a commercial license issued by the department (Sec.
11.026).  The bill authorizes a department employee to accept reimbursement
for travel expenses from the nonprofit partner selected by the department
if the employee has sufficiently documented the expense and the expense
arose out of the performance of an activity related to an employee's
official duties regarding the partner (Sec. 11.0261).   

The bill requires the department, in administering the state aquatic
vegetation management plan, to consult with, advise, provide resources to,
and otherwise assist local governments regarding aquatic  vegetation
management and control (Sec. 11.082). 

The bill requires the department to adopt a land and water resources
conservation plan to manage Texas' public resources by inventorying all
historical, natural, recreational, and wildlife resources owned by
governmental agencies and nonprofit entities that offer public access.  The
bill specifies that the department use the inventory to develop a land and
water resources conservation and recreation plan (conservation and
recreation plan) to guide the department in making decisions and to prepare
the initial conservation and recreation plan no later than October 15,
2002.  The bill sets a moratorium on most acquisitions until the commission
approves the conservation and recreation plan (Secs. 11.101-11.105 and
SECTIONS 46 and 49).  The bill sets forth exceptions for the conservation
and recreation plan and coordination of conservation and recreation
operations (Sec. 11.106). 

The bill requires the department to improve its internal oversight of
commercial ventures by developing a business plan and sets forth provisions
relating to the department's statewide commercial projects (Secs.
11.151-11.156).  The bill sets forth provisions relating to nonprofit
partnerships with the department (Secs. 11.201-11.208).  The bill provides
that the department must obtain commission approval for each selected
nonprofit partner. The bill requires the commission by rule to establish
best practices with which nonprofit partners are to comply (Sec. 11.202).
The bill requires the commission by rule to require a nonprofit partner to
comply with specified state standards and safeguards for accounting for
state assets held by the nonprofit partner (Sec. 11.203).  The bill
requires the commission by rule to establish guidelines under which the
official nonprofit partner is authorized to solicit and accept sponsorships
from private entities, and to establish best practices under which the
partner is authorized to engage in activities (Sec. 11.205). 

The bill requires the department, in setting priorities for the provision
of money to a landowner, to consider the inventory of land and water
resources conservation plan and the priorities for department activities
related to resources according to the most vital existing and future needs
for conservation and recreation (Sec. 12.025). 

The bill prohibits the commission from classifying a historical site as a
historical park (Sec. 13.001). The  bill requires the department, before
formulating a plan for the preservation and development of a historical
site, to conduct an archeological survey of the site.  The bill requires
the department, in formulating plans, to consider the results from the
archeological survey for the site if the plan is for a specific site, to
consider the resources necessary to manage a site, and to meet with and
consider comments made by the Texas Historical Commission (historical
commission).  The bill requires the department and the historical
commission to form a joint panel to establish criteria for determining
whether a site is of statewide significance and to promote the continuity
of a historic sites program (Sec. 13.005).  The bill requires the
department to meet regularly with the historical commission and to prepare
reports  periodically regarding plans to preserve and develop historical
sites in this state (Secs. 13.0051 and 13.0052).  The bill prohibits the
department from referring to a historical site as a "historical park" in a
department publication or on a department marker or sign (Sec. 13.0053). 

The bill amends provisions regulating oyster beds to prohibit the
department from issuing a certificate of location for a location that
includes more than 100 acres of land covered by water.  The bill prohibits
a person from owning, leasing, or controlling more than 300, rather than
100, acres of land covered by water under certificates of location.   The
bill deletes the  provision that no rental fee is owed on any location when
oysters are not sold or marketed from the location for a period of five
years after the date of the establishment of the location.  The bill
requires the holder of a certificate of location to pay to the department
$6, rather than $3, per acre of location per year.  The bill requires the
holder of a certificate to pay the department a late penalty fee equal to
10 percent of the amount due for any rental, transfer, sale, or renewal fee
that is not paid when due.  The failure to pay any rental, transfer, sale,
renewal, or late penalty fee within 90 days of the due date terminates the
lease (Sec. 76.017).  The bill sets forth provisions relating to location
rental term, renewal, auction, sale, and transfer of an oyster bed (Secs.
76.018 and 76.019).  The bill provides that marks or fences may no longer
mark the boundaries of the areas designated in the permit from which the
holder of a permit is authorized to take or from which the holder is
authorized to deposit oysters (Sec. 76.036 and SECTION 44). 

The bill sets forth provisions relating to the study of the shrimp industry
and resources and requires the department to report its findings to the
legislature and commission not later than September 1, 2002 (Sec. 77.005
and SECTION 48). 

The bill provides that a requirement under state law that a law enforcement
agency adopt a policy that requires the collection and reporting of
information relating to persons detained during traffic and pedestrian
stops does not apply to the department or an employee of the department
(Sec. 11.003). 

The bill requires the department to report, not later than September 1,
2002, a study on the department's outreach and education activities to the
commission, the House Appropriations Committee, the House State
Recreational Resources Committee, the Senate Finance Committee, and the
Senate Natural Resources Committee (SECTION 45). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 305 modifies the original bill by  requiring  the Texas Department
on Parks and Wildlife (department), in administering the state aquatic
vegetation management plan, to consult with, advise, provide resources to,
and otherwise assist local governments regarding aquatic vegetation
management and control (Sec. 11.082).  The substitute removes provisions
that prohibit the department from accepting  an alcohol or tobacco
advertisement that promotes the sale of alcohol or tobacco.  For the
purposes of the provisions relating to gifts of property or money, the
substitute provides that a hunting lease license is not a commercial
license (Sec. 11.026).  The substitute requires the department to use
existing inventory information concerning the public resources inventory
whenever possible and provides that the inclusion of specific parcels of
land in the inventory shall not constitute any additional right of public
access (Sec.  11.103 and 11.104).  The substitute sets forth exceptions
from the conservation and recreation plan and coordination of conservation
and recreation operations (Sec. 11.106).   

The substitute  sets forth provisions regarding public and private oyster
beds (Secs. 76.007, 76.01776.019, 76.036, Parks and Wildlife Code, and
SECTION 44).  

The substitute sets forth provisions relating to the applicability of
certain state law requirements (Sec. 11.003).