By: Harper-Brown, et al. H.B. No. 3391
COMMITTEE SUBSTITUTE FOR H.B. No. 3391By: Hegar By: Hegar
(In the Senate - Received from the House May 5, 2009;
May 6, 2009, read first time and referred to Committee on
Government Organization; May 15, 2009, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 6,
Nays 0; May 15, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Parks and
Wildlife Department; changing the elements of an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.0111, Parks and Wildlife Code, is
amended to read as follows:
Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife
Department is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the department is abolished September 1, 2021 [2009].
SECTION 2. Section 11.012(c), Parks and Wildlife Code, is
amended to read as follows:
(c) Commission [Three commission] members must be members
of the general public and meet the qualifications provided by
Section 11.0121 [of this code].
SECTION 3. Sections 11.0161(a), (b), (c), and (d), Parks
and Wildlife Code, are amended to read as follows:
(a) The commission shall prepare information of public
interest describing the functions of the commission [and describing
the commission's procedures by which complaints are filed with and
resolved by the commission]. The commission shall make the
information available to the general public and appropriate state
agencies.
(b) The department shall maintain a system to promptly and
efficiently act on complaints [file on each written complaint]
filed with the department that the department has the authority to
resolve. The department shall maintain information about parties
to the complaint, the subject matter of the complaint, [file must
include:
[(1) the name of the person who filed the complaint;
[(2) the date the complaint is received by the
department;
[(3) the subject matter of the complaint;
[(4) the name of each person contacted in relation to
the complaint;
[(5)] a summary of the results of the review or
investigation of the complaint, and its disposition [; and
[(6) an explanation of the reason the file was closed,
if the department closed the file without taking action other than
to investigate the complaint].
(c) The department shall make information available
describing its [provide to the person filing the complaint and to
each person who is a subject of the complaint a copy of the
department's policies and] procedures for [relating to] complaint
investigation and resolution.
(d) The department[, at least quarterly until final
disposition of the complaint,] shall periodically notify the
[person filing the] complaint parties [and each person who is a
subject of the complaint] of the status of the complaint until final
disposition [investigation unless the notice would jeopardize an
undercover investigation].
SECTION 4. Subchapter B, Chapter 11, Parks and Wildlife
Code, is amended by adding Sections 11.0163, 11.0164, and 11.0174
to read as follows:
Sec. 11.0163. USE OF TECHNOLOGY. The commission shall
implement a policy requiring the department to use appropriate
technological solutions to improve the department's ability to
perform its functions. The policy must ensure that the public is
able to interact with the department on the Internet.
Sec. 11.0164. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop
and implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of department rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the department's
jurisdiction.
(b) The department's procedures relating to alternative
dispute resolution must conform, to the extent possible, to any
model guidelines issued by the State Office of Administrative
Hearings for the use of alternative dispute resolution by state
agencies.
(c) The commission shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the department.
Sec. 11.0174. INTERNAL AFFAIRS OFFICE. (a) The executive
director shall establish the office of internal affairs.
(b) The office of internal affairs has original
departmental jurisdiction over all investigations of cases
alleging criminal conduct:
(1) occurring on department property;
(2) engaged in by on-duty department employees; or
(3) engaged in by officers commissioned by the
department performing off-duty work related to their official
duties.
(c) The office of internal affairs shall oversee and review,
but need not conduct, all investigations under this section.
(d) An investigation under this section may be initiated
only by the executive director or the commission.
(e) The executive director shall appoint the head of the
office of internal affairs. The head of the office of internal
affairs serves until removed by the executive director.
(f) The head of the office of internal affairs shall:
(1) report directly to the executive director
regarding performance of and activities related to investigations;
(2) report to the executive director for
administrative purposes; and
(3) provide the executive director or commission with
information regarding investigations as appropriate.
(g) The head of the office of internal affairs shall present
at each regularly scheduled commission meeting and at other
appropriate times a summary of information relating to
investigations conducted under this section that includes analysis
of the number, type, and outcome of investigations, trends in the
investigations, and any recommendations to avoid future
complaints.
SECTION 5. Section 11.035, Parks and Wildlife Code, is
amended by adding Subsection (c) to read as follows:
(c) The department may deposit to the credit of the state
parks account all revenue, less allowable costs, from the following
sources:
(1) private contributions, grants, and donations
received for state parks-related purposes; and
(2) federal funds received for state parks-related
purposes.
SECTION 6. Section 11.037(b), Parks and Wildlife Code, is
amended to read as follows:
(b) The department may [shall] deposit in the state land and
water conservation account any [all] revenue received from the
federal government or any other source for the purpose of
administering programs authorized under Sections 13.301 through
13.311 of this code.
SECTION 7. Section 12.0011, Parks and Wildlife Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) A local or state agency or private organization that
receives a department recommendation or informational comment
under Subsection (b) shall respond to the department in writing
concerning the recommendation or comment. A response must include
for each recommendation or comment provided by the department:
(1) a description of any modification made to the
proposed project, fish and wildlife resource decision, or water
flow schedule resulting from the recommendation or comment;
(2) any other disposition of the recommendation or
comment; and
(3) as applicable, any reason the agency or
organization disagreed with or did not act on or incorporate the
recommendation or comment.
(d) A response under Subsection (c):
(1) must be submitted to the department not later than
the 90th day after the date the agency or organization makes a
decision or takes other action related to the recommendation or
informational comment provided by the department; and
(2) is public information under Chapter 552,
Government Code.
SECTION 8. Section 12.027, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.027. ADOPTION OF EMERGENCY RULES. If the
commission or the executive director finds that there is an
immediate danger to a species authorized to be regulated by the
department, or that strict compliance with existing department
rules would in any way prevent, hinder, or delay necessary action in
coping with a disaster declared by the governor, the commission or
the executive director may adopt emergency rules as provided by
Chapter 2001, Government Code.
SECTION 9. Section 13.310(c), Parks and Wildlife Code, is
amended to read as follows:
(c) The department shall deposit all funds received for the
development of outdoor recreation resources in the state treasury
to the credit of the state land and water conservation account, the
Texas recreation and parks account, the large county and
municipality recreation and parks account, or the state parks
account.
SECTION 10. Sections 24.002, 24.003, 24.006, 24.052,
24.053, and 24.056, Parks and Wildlife Code, are amended to read as
follows:
Sec. 24.002. TEXAS RECREATION AND PARKS ACCOUNT. The Texas
recreation and parks account is a separate account in the general
revenue fund. Money in the account may be used only [as provided by
this subchapter] for [grants to]:
(1) grants under this subchapter to a county or
municipality with a population of less than 500,000; [or]
(2) grants under this subchapter to any other
political subdivision that is not a county or municipality; or
(3) planning for, and acquisition, operation, and
development of, outdoor recreation and conservation resources of
this state and the administrative expenses incident to the projects
or programs authorized under Subchapter D, Chapter 13.
Sec. 24.003. ACCOUNT REVENUE SOURCE; REVENUE DEDICATION.
(a) The department shall deposit to the credit of the Texas
recreation and parks account:
(1) an amount of money equal to 15 percent of the
credits made to the department under Section 151.801, Tax Code; and
(2) money from any other source authorized by law.
(b) The department may deposit to the credit of the Texas
recreation and parks account:
(1) private contributions, grants, and donations
received in connection with this subchapter or Subchapter D,
Chapter 13; and
(2) federal funds received in connection with this
subchapter or Subchapter D, Chapter 13.
Sec. 24.006. FUNDS FOR GRANTS TO LOCAL GOVERNMENTS. When
state revenues to the Texas recreation and parks account exceed $14
million per year, an amount not less than 15 percent shall be made
available for grants to local governments for up to 50 percent of
the cost of acquisition or development of indoor public recreation
facilities for indoor recreation programs, sports activities,
nature programs, or exhibits.
Sec. 24.052. LARGE COUNTY AND MUNICIPALITY RECREATION AND
PARKS ACCOUNT. The large county and municipality recreation and
parks account is a separate account in the general revenue fund.
Money in the account may be used only as provided by this subchapter
or Subchapter D, Chapter 13.
Sec. 24.053. ACCOUNT REVENUE SOURCE; DEDICATION. (a) The
department shall deposit to the credit of the large county and
municipality recreation and parks account:
(1) an amount of money equal to 10 percent of the
credits made to the department under Section 151.801, Tax Code; and
(2) money from any other source authorized by law.
(b) The department may deposit to the credit of the large
county and municipality recreation and parks account:
(1) private contributions, grants, and donations
received in connection with this subchapter or Subchapter D,
Chapter 13; and
(2) federal funds received in connection with this
subchapter or Subchapter D, Chapter 13.
Sec. 24.056. FUNDS FOR GRANTS TO LARGE COUNTIES AND
MUNICIPALITIES. When state revenue to the large county and
municipality recreation and parks account exceeds $14 million per
year, an amount not less than 15 percent shall be made available for
grants to large counties and municipalities for up to 50 percent of
the cost of acquisition or development of indoor public recreation
facilities for indoor recreation programs, sports activities,
nature programs, or exhibits.
SECTION 11. Section 43.071(5), Parks and Wildlife Code, is
amended to read as follows:
(5) "Pen-reared birds" means bobwhite quail,
pheasant, pigeons, partridge, and mallard ducks propagated or
acquired under Chapter 45 of this code.
SECTION 12. Section 62.021(c), Parks and Wildlife Code, is
amended to read as follows:
(c) This section does not prohibit the sale of:
(1) a live game animal, a dead or live game bird, or
the feathers of a game bird if the sale is conducted under authority
of a license or permit issued under this code; or
(2) the following inedible parts:
(A) an inedible part, including the feathers,
bones, or feet, of a game bird other than a migratory game bird that
was lawfully taken or is lawfully possessed;
(B) the hair, hide, antlers, bones, horns, skull,
hooves, or sinew, as applicable, of a deer, pronghorn antelope,
desert bighorn sheep, collared peccary or javelina, red squirrel,
or gray squirrel; or
(C) the feathers of a migratory game bird in
accordance with federal law.
SECTION 13. Section 64.002(b), Parks and Wildlife Code, is
amended to read as follows:
(b) European starlings, English sparrows, and feral rock
doves (Columba livia) may be killed at any time in any manner and
their nests or eggs may be destroyed, and such conduct does not
constitute an offense under Chapter 42, Penal Code.
SECTION 14. Section 66.007, Parks and Wildlife Code, is
amended by amending Subsections (b), (c), and (e) and adding
Subsections (m), (n), (o), (p), (q), (r), and (s) to read as
follows:
(b) The department shall publish a list of:
(1) exotic fish and exotic[,] shellfish[, and aquatic
plants] for which a permit under Subsection (a) [of this section] is
required; and
(2) exotic aquatic plants, as provided by this
section, that are approved for importation into or possession in
this state without a permit.
(c) The department shall make rules to carry out the
provisions of this section. In adopting rules that relate to exotic
aquatic plants, the department shall strive to ensure that the
rules are as permissive as possible without allowing the
importation or possession of plants that pose environmental,
economic, or health problems.
(e) In this section:
(1) "Approved list" means the list published by the
department under Subsection (b)(2) of exotic aquatic plants that a
person may import into or possess in this state without an exotic
species permit issued by the department.
(2) "Exotic [, exotic fish, shellfish, or] aquatic
plant" means a nonindigenous [fish, shellfish, or] aquatic plant
that is not normally found in aquatic or riparian areas [the public
water] of this [the] state.
(3) "Exotic fish" means a nonindigenous fish that is
not normally found in the public water of this state.
(4) "Exotic shellfish" means a nonindigenous
shellfish that is not normally found in the public water of this
state.
(m) A person may not import into or possess in this state an
exotic aquatic plant unless:
(1) the plant is on the approved list; or
(2) the person has an exotic species permit issued by
the department.
(n) In compiling the approved list, the department shall
develop a process to evaluate the potential harm that may be caused
by the importation or possession of exotic aquatic plant species
into this state. The process must include the use of:
(1) a risk assessment model to help determine the
potential harm of a species to the aquatic environment;
(2) published scientific research findings;
(3) findings from regulatory agencies; or
(4) scientific analyses from third-party
laboratories.
(o) The approved list must include an exotic aquatic plant
that:
(1) is widespread in this state; and
(2) is not, as determined by the department, a cause of
environmental, economic, or health problems.
(p) The department shall develop an expedited process for
obtaining approval for inclusion on the approved list of a
previously unknown exotic aquatic plant. The commission may remove
an exotic aquatic plant from the approved list if the results of
further analysis conducted under Subsection (n) indicate that the
plant should not be on the list. The department may enact an
emergency rule as provided by Chapter 2001, Government Code, to
remove an exotic aquatic plant from the approved list if the plant
is determined to cause environmental, economic, or health problems.
(q) The commission shall exercise final approval for the
inclusion of each plant on the approved list.
(r) In accordance with commission rules, the department may
issue an exotic species permit to a permit applicant for an exotic
aquatic plant not on the approved list if the proposed use of the
plant is:
(1) as an experimental organism in a medical or other
scientific research program approved by the department;
(2) as part of an exhibit approved by the department in
a public aquarium or public zoo; or
(3) for an appropriate use that will not result in
potential environmental, economic, or health problems.
(s) Nothing in this subchapter regarding exotic aquatic
plants restricts the department's authority under this code
regarding exotic harmful or potentially harmful fish or shellfish.
SECTION 15. Section 66.0071, Parks and Wildlife Code, is
amended to read as follows:
Sec. 66.0071. REMOVAL OF HARMFUL AQUATIC PLANTS. On
leaving any public or private body of water in this state, a person
shall immediately remove and lawfully dispose of any exotic
[harmful or potentially harmful] aquatic plant not included on the
approved list published under Section 66.007(b)(2) that is clinging
or attached to the person's:
(1) vessel or watercraft; or
(2) trailer, motor vehicle, or other mobile device
used to transport or launch a vessel or watercraft.
SECTION 16. Title 6, Parks and Wildlife Code, is amended by
adding Chapter 92 to read as follows:
CHAPTER 92. INTERSTATE WILDLIFE VIOLATOR COMPACT
Sec. 92.001. MEMBERSHIP IN INTERSTATE WILDLIFE VIOLATOR
COMPACT. (a) On behalf of this state, the commission may enter
into the Interstate Wildlife Violator Compact.
(b) If necessary to protect the interests of this state, the
commission may withdraw from the Interstate Wildlife Violator
Compact in accordance with the terms of the compact.
(c) The commission may take all actions necessary to
implement this chapter, including the adoption of rules and the
delegation of authority to the director.
SECTION 17. (a) The Parks and Wildlife Department and the
Texas Youth Commission jointly shall seek representation by the
attorney general to pursue a modification of the terms and purposes
of the Parrie Haynes Trust.
(b) The legislature intends that a modification of the terms
and purposes of the Parrie Haynes Trust be pursued so that:
(1) the department may be designated as the state
agency responsible for the trust, including all trust property and
investments, and rights associated with the trust;
(2) control of the Parrie Haynes Ranch may be
transferred to the department; and
(3) the purposes of the trust may be appropriately
expanded to include benefiting disadvantaged and other youths of
this state.
(c) This section expires on the earlier of:
(1) the date a court orders modification of the Parrie
Haynes Trust in accordance with this section; or
(2) September 1, 2021.
SECTION 18. The change in law made by this Act in the
qualifications of the members of the Parks and Wildlife Commission
does not affect the entitlement of a person serving as a member of
the commission immediately before September 1, 2009, to continue to
carry out the functions of the person's office for the remainder of
the person's term. The change in law applies only to a person
appointed on or after September 1, 2009. This Act does not prohibit
a person who is a member of the Parks and Wildlife Commission
immediately before September 1, 2009, from being reappointed as a
commission member if the person has the qualifications required for
the position under Chapter 11, Parks and Wildlife Code, as amended
by this Act.
SECTION 19. The change in law made by this Act to Section
11.0161, Parks and Wildlife Code, applies only to a complaint filed
with the Parks and Wildlife Commission or the Parks and Wildlife
Department on or after September 1, 2009. A complaint filed before
September 1, 2009, is governed by the law in effect at the time the
complaint was filed, and the former law is continued in effect for
that purpose.
SECTION 20. Section 12.0011(c), Parks and Wildlife Code, as
added by this Act, applies only to a recommendation or
informational comment received by a local or state governmental
agency from the Parks and Wildlife Department on or after September
1, 2009. A recommendation or informational comment received by a
local or state governmental agency from the Parks and Wildlife
Department before September 1, 2009, is governed by the law in
effect at the time the recommendation or informational comment was
received, and the former law is continued in effect for that
purpose.
SECTION 21. Section 62.021(c), Parks and Wildlife Code, as
amended by this Act, applies to any sale of inedible parts of an
animal or bird occurring on or after the effective date of this Act,
regardless of the date the parts were acquired by the seller.
SECTION 22. (a) Not later than December 31, 2010, the Parks
and Wildlife Department shall publish the initial list of approved
exotic aquatic plants as provided by Section 66.007(b), Parks and
Wildlife Code, as amended by this Act.
(b) The Parks and Wildlife Department may not enforce the
permit requirements or prohibited actions regarding exotic aquatic
plants that are not on the approved list under Section 66.007(b),
Parks and Wildlife Code, as amended by this Act, before the date on
which the list is published.
(c) The Parks and Wildlife Department shall continue to
publish a list of harmful or potentially harmful exotic aquatic
plants for which a permit under Section 66.007(a), Parks and
Wildlife Code, is required until the date on which the initial list
of approved exotic aquatic plants is published. The department is
not required to maintain or publish the list of harmful or
potentially harmful exotic aquatic plants after the date on which
the list of approved exotic aquatic plants is published.
(d) The Parks and Wildlife Department shall continue to
enforce Section 66.007, Parks and Wildlife Code, with regard to
harmful or potentially harmful exotic aquatic plants that are
included on the list for which a permit is required under that
section as it existed immediately before the effective date of this
Act, and that law is continued in effect until the date on which the
department publishes the initial list of approved exotic aquatic
plants.
(e) The provisions of Section 66.007, Parks and Wildlife
Code, as amended by this Act, regarding harmful or potentially
harmful exotic aquatic plants apply only to an offense that occurs
on or after the date on which the Parks and Wildlife Department
publishes the initial list of approved exotic aquatic plants. An
offense that occurs before the date on which the initial list of
approved exotic aquatic plants is published is governed by the law
in effect immediately before the effective date of this Act, and
that law is continued in effect for that purpose. For purposes of
this subsection, an offense is committed before the date on which
the initial list of approved exotic aquatic plants is published if
any element of the offense occurs before that date.
(f) The Parks and Wildlife Department may not enforce the
permit requirements or prohibited actions regarding exotic aquatic
plants on the list of harmful or potentially harmful plants under
Section 66.007, Parks and Wildlife Code, as that section existed
before amendment by this Act, after the date on which the list of
approved exotic aquatic plants is published.
(g) Section 66.0071, Parks and Wildlife Code, as amended by
this Act, applies only to a person who takes a vessel or watercraft
out of a public or private body of water in this state on or after
the date the Parks and Wildlife Department publishes the initial
list of approved exotic aquatic plants under Section 66.007(b),
Parks and Wildlife Code, as amended by this Act. A person who takes
a vessel or watercraft out of a public or private body of water in
this state before the date the list of approved exotic aquatic
plants is published is governed by the law in effect on the date the
vessel or watercraft is taken out of the water, and the former law
remains in effect for that purpose.
SECTION 23. This Act takes effect September 1, 2009.
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