Texas 2009 - 81st Regular

Texas Senate Bill SB1010 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R4920 SGA-D
2	2	By: Hegar S.B. No. 1010
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Parks and
8	8	Wildlife Department; changing the elements of an offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.0111, Parks and Wildlife Code, is
11	11	amended to read as follows:
12	12	Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife
13	13	Department is subject to Chapter 325, Government Code (Texas Sunset
14	14	Act). Unless continued in existence as provided by that chapter,
15	15	the department is abolished September 1, 2021 [2009].
16	16	SECTION 2. Section 11.012(c), Parks and Wildlife Code, is
17	17	amended to read as follows:
18	18	(c) Commission [Three commission] members must be members
19	19	of the general public and meet the qualifications provided by
20	20	Section 11.0121 [of this code].
21	21	SECTION 3. Sections 11.0161(a), (b), (c), and (d), Parks
22	22	and Wildlife Code, are amended to read as follows:
23	23	(a) The commission shall prepare information of public
24	24	interest describing the functions of the commission [and describing
25	25	the commission's procedures by which complaints are filed with and
26	26	resolved by the commission]. The commission shall make the
27	27	information available to the general public and appropriate state
28	28	agencies.
29	29	(b) The department shall maintain a system to promptly and
30	30	efficiently act on complaints [file on each written complaint]
31	31	filed with the department that the department has the authority to
32	32	resolve. The department shall maintain information about parties
33	33	to the complaint, the subject matter of the complaint, [file must
34	34	include:
35	35	[(1) the name of the person who filed the complaint;
36	36	[(2) the date the complaint is received by the
37	37	department;
38	38	[(3) the subject matter of the complaint;
39	39	[(4) the name of each person contacted in relation to
40	40	the complaint;
41	41	[(5)] a summary of the results of the review or
42	42	investigation of the complaint, and its disposition [; and
43	43	[(6) an explanation of the reason the file was closed,
44	44	if the department closed the file without taking action other than
45	45	to investigate the complaint].
46	46	(c) The department shall make information available
47	47	describing its [provide to the person filing the complaint and to
48	48	each person who is a subject of the complaint a copy of the
49	49	department's policies and] procedures for [relating to] complaint
50	50	investigation and resolution.
51	51	(d) The department[, at least quarterly until final
52	52	disposition of the complaint,] shall periodically notify the
53	53	[person filing the] complaint parties [and each person who is a
54	54	subject of the complaint] of the status of the complaint until final
55	55	disposition [investigation unless the notice would jeopardize an
56	56	undercover investigation].
57	57	SECTION 4. Subchapter B, Chapter 11, Parks and Wildlife
58	58	Code, is amended by adding Sections 11.0163, 11.0164, and 11.0174
59	59	to read as follows:
60	60	Sec. 11.0163. USE OF TECHNOLOGY. The commission shall
61	61	implement a policy requiring the department to use appropriate
62	62	technological solutions to improve the department's ability to
63	63	perform its functions. The policy must ensure that the public is
64	64	able to interact with the department on the Internet.
65	65	Sec. 11.0164. NEGOTIATED RULEMAKING AND ALTERNATIVE
66	66	DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop
67	67	and implement a policy to encourage the use of:
68	68	(1) negotiated rulemaking procedures under Chapter
69	69	2008, Government Code, for the adoption of department rules; and
70	70	(2) appropriate alternative dispute resolution
71	71	procedures under Chapter 2009, Government Code, to assist in the
72	72	resolution of internal and external disputes under the department's
73	73	jurisdiction.
74	74	(b) The department's procedures relating to alternative
75	75	dispute resolution must conform, to the extent possible, to any
76	76	model guidelines issued by the State Office of Administrative
77	77	Hearings for the use of alternative dispute resolution by state
78	78	agencies.
79	79	(c) The commission shall designate a trained person to:
80	80	(1) coordinate the implementation of the policy
81	81	adopted under Subsection (a);
82	82	(2) serve as a resource for any training needed to
83	83	implement the procedures for negotiated rulemaking or alternative
84	84	dispute resolution; and
85	85	(3) collect data concerning the effectiveness of those
86	86	procedures, as implemented by the department.
87	87	Sec. 11.0174. INTERNAL AFFAIRS OFFICE. (a) The executive
88	88	director shall establish the office of internal affairs.
89	89	(b) The office of internal affairs has original
90	90	departmental jurisdiction over all investigations of cases
91	91	alleging criminal conduct occurring on department property by
92	92	on-duty department employees or by officers commissioned by the
93	93	department performing off-duty work related to their official
94	94	duties. The office shall oversee and review, but need not conduct,
95	95	all investigations under this section.
96	96	(c) An investigation under this section may be initiated
97	97	only by the executive director or the commission.
98	98	(d) The executive director shall appoint the head of the
99	99	office of internal affairs. The head of the office of internal
100	100	affairs serves until removed by the executive director.
101	101	(e) The head of the office of internal affairs shall:
102	102	(1) report directly to the executive director
103	103	regarding performance of and activities related to investigations;
104	104	(2) report to the executive director for
105	105	administrative purposes; and
106	106	(3) provide the executive director or commission with
107	107	information regarding investigations as appropriate.
108	108	(f) The head of the office of internal affairs shall present
109	109	at each regularly scheduled commission meeting and at other
110	110	appropriate times a summary of information relating to
111	111	investigations conducted under this section that includes analysis
112	112	of the number, type, and outcome of investigations, trends in the
113	113	investigations, and any recommendations to avoid future
114	114	complaints.
115	115	SECTION 5. Section 12.0011, Parks and Wildlife Code, is
116	116	amended by adding Subsections (c) and (d) to read as follows:
117	117	(c) A local or state agency that receives a department
118	118	recommendation or informational comment under Subsection (b) shall
119	119	respond to the department in writing concerning the recommendation
120	120	or comment. A response must include for each recommendation or
121	121	comment provided by the department:
122	122	(1) a description of any modification made to the
123	123	proposed project, fish and wildlife resource decision, or water
124	124	flow schedule resulting from the recommendation or comment;
125	125	(2) any other disposition of the recommendation or
126	126	comment; and
127	127	(3) as applicable, any reason the agency disagreed
128	128	with or did not act on or incorporate the recommendation or comment.
129	129	(d) A response under Subsection (c) is public information
130	130	under Chapter 552, Government Code.
131	131	SECTION 6. Section 66.007, Parks and Wildlife Code, is
132	132	amended by amending Subsections (b), (c), and (e) and adding
133	133	Subsections (m), (n), (o), (p), (q), and (r) to read as follows:
134	134	(b) The department shall publish a list of:
135	135	(1) exotic fish and exotic[,] shellfish[, and aquatic
136	136	plants] for which a permit under Subsection (a) [of this section] is
137	137	required; and
138	138	(2) exotic aquatic plants, as provided by Subsections
139	139	(m), (n), (o), (p), (q), and (r), that are approved for importation
140	140	into or possession in this state without a permit.
141	141	(c) The department shall make rules to carry out the
142	142	provisions of this section. The rules that relate to exotic aquatic
143	143	plants must be as permissive as possible without allowing the
144	144	importation of plants that pose environmental, economic, or health
145	145	problems.
146	146	(e) In this section:
147	147	(1) "Approved list" means the list published by the
148	148	department under Subsection (b)(2) of exotic aquatic plants that a
149	149	person may import into or possess in this state without an exotic
150	150	species permit issued by the department.
151	151	(2) "Exotic [, exotic fish, shellfish, or] aquatic
152	152	plant" means a nonindigenous [fish, shellfish, or] aquatic plant
153	153	that is not normally found in the public water of this [the] state.
154	154	(3) "Exotic fish" means a nonindigenous fish that is
155	155	not normally found in the public water of this state.
156	156	(4) "Exotic shellfish" means a nonindigenous
157	157	shellfish that is not normally found in the public water of this
158	158	state.
159	159	(m) A person may not import into or possess in this state an
160	160	exotic aquatic plant unless:
161	161	(1) the plant is on the approved list; or
162	162	(2) the person has an exotic species permit issued by
163	163	the department.
164	164	(n) In compiling the approved list, the department shall
165	165	develop a process to evaluate the potential harm that may be caused
166	166	by the importation of exotic aquatic plant species into this state.
167	167	The process must include the use of:
168	168	(1) a risk assessment model to help determine the
169	169	potential harm of a species to the aquatic environment;
170	170	(2) published scientific research findings;
171	171	(3) findings from other regulatory agencies; or
172	172	(4) scientific analyses from third-party
173	173	laboratories.
174	174	(o) The approved list must include an exotic aquatic plant
175	175	that:
176	176	(1) is widespread in this state; and
177	177	(2) is not, as determined by the department, a cause of
178	178	economic, environmental, or health problems.
179	179	(p) The commission shall delegate to the executive director
180	180	authority to develop an expedited process for obtaining approval
181	181	for inclusion on the approved list of a previously unknown exotic
182	182	aquatic plant. The commission may remove an exotic aquatic plant
183	183	from the approved list if the results of further analysis conducted
184	184	under Subsection (n) indicate that the plant should not be on the
185	185	list.
186	186	(q) The commission shall exercise final approval for the
187	187	inclusion of each plant on the approved list.
188	188	(r) In accordance with commission rules, the department may
189	189	issue an exotic species permit to a permit applicant for an exotic
190	190	aquatic plant not on the approved list if the proposed use of the
191	191	plant is:
192	192	(1) as an experimental organism in a medical or other
193	193	scientific research program approved by the department; or
194	194	(2) as part of an exhibit approved by the department in
195	195	a public aquarium or public zoo.
196	196	SECTION 7. Section 66.0071, Parks and Wildlife Code, is
197	197	amended to read as follows:
198	198	Sec. 66.0071. REMOVAL OF HARMFUL AQUATIC PLANTS. On
199	199	leaving any public or private body of water in this state, a person
200	200	shall immediately remove and lawfully dispose of any exotic
201	201	[harmful or potentially harmful] aquatic plant not included on the
202	202	approved list published under Section 66.007(b) that is clinging or
203	203	attached to the person's:
204	204	(1) vessel or watercraft; or
205	205	(2) trailer, motor vehicle, or other mobile device
206	206	used to transport or launch a vessel or watercraft.
207	207	SECTION 8. Title 6, Parks and Wildlife Code, is amended by
208	208	adding Chapter 92 to read as follows:
209	209	CHAPTER 92. INTERSTATE WILDLIFE VIOLATOR COMPACT
210	210	Sec. 92.001. MEMBERSHIP IN INTERSTATE WILDLIFE VIOLATOR
211	211	COMPACT. (a) On behalf of this state, the commission may enter
212	212	into the Interstate Wildlife Violator Compact.
213	213	(b) If necessary to protect the interests of this state, the
214	214	commission may withdraw from the Interstate Wildlife Violator
215	215	Compact in accordance with the terms of the compact.
216	216	SECTION 9. (a) The department and the Texas Youth
217	217	Commission jointly shall seek representation by the attorney
218	218	general to pursue a modification of the terms and purposes of the
219	219	Parrie Haynes Trust.
220	220	(b) The legislature intends that a modification of the terms
221	221	and purposes of the Parrie Haynes Trust be pursued so that:
222	222	(1) the department may be designated as the state
223	223	agency responsible for the trust, including all trust property and
224	224	investments, and rights associated with the trust;
225	225	(2) control of the Parrie Haynes Ranch may be
226	226	transferred to the department; and
227	227	(3) the purposes of the trust may be appropriately
228	228	expanded to include benefiting disadvantaged and other youths of
229	229	this state.
230	230	(c) This section expires on the earlier of:
231	231	(1) the date a court orders modification of the Parrie
232	232	Haynes Trust in accordance with this section; or
233	233	(2) September 1, 2021.
234	234	SECTION 10. The change in law made by this Act in the
235	235	qualifications of the members of the Parks and Wildlife Commission
236	236	does not affect the entitlement of a person serving as a member of
237	237	the commission immediately before September 1, 2009, to continue to
238	238	carry out the functions of the person's office for the remainder of
239	239	the person's term. The change in law applies only to a person
240	240	appointed on or after September 1, 2009. This Act does not prohibit
241	241	a person who is a member of the Parks and Wildlife Commission
242	242	immediately before September 1, 2009, from being reappointed as a
243	243	commission member if the person has the qualifications required for
244	244	the position under Chapter 11, Parks and Wildlife Code, as amended
245	245	by this Act.
246	246	SECTION 11. The change in law made by this Act to Section
247	247	11.0161, Parks and Wildlife Code, applies only to a complaint filed
248	248	with the Parks and Wildlife Commission or the Parks and Wildlife
249	249	Department on or after September 1, 2009. A complaint filed before
250	250	September 1, 2009, is governed by the law in effect at the time the
251	251	complaint was filed, and the former law is continued in effect for
252	252	that purpose.
253	253	SECTION 12. Section 12.0011(c), Parks and Wildlife Code, as
254	254	added by this Act, applies only to a recommendation or
255	255	informational comment received by a local or state governmental
256	256	agency from the Parks and Wildlife Department on or after September
257	257	1, 2009. A recommendation or informational comment received by a
258	258	local or state governmental agency from the Parks and Wildlife
259	259	Department before September 1, 2009, is governed by the law in
260	260	effect at the time the recommendation or informational comment was
261	261	received, and the former law is continued in effect for that
262	262	purpose.
263	263	SECTION 13. (a) Not later than September 1, 2010, the Parks
264	264	and Wildlife Department shall publish the initial list of approved
265	265	exotic aquatic plants as provided by Section 66.007(b), Parks and
266	266	Wildlife Code, as amended by this Act.
267	267	(b) The Parks and Wildlife Department may not enforce the
268	268	permit requirements or prohibited actions regarding exotic aquatic
269	269	plants that are not on the approved list under Section 66.007(b),
270	270	Parks and Wildlife Code, as amended by this Act, before September 1,
271	271	2010.
272	272	(c) The department shall continue to publish a list of
273	273	harmful or potentially harmful exotic aquatic plants for which,
274	274	through August 31, 2010, a permit under Section 66.007(a), Parks
275	275	and Wildlife Code, is required. The department is not required to
276	276	maintain or publish that list after August 31, 2010.
277	277	(d) The Parks and Wildlife Department may not enforce the
278	278	permit requirements or prohibited actions regarding exotic aquatic
279	279	plants on the list of harmful or potentially harmful plants under
280	280	Section 66.007, Parks and Wildlife Code, as that section existed
281	281	before amendment by this Act, on or after September 1, 2010.
282	282	SECTION 14. This Act takes effect September 1, 2009.