81R4920 SGA-D
By: Hegar S.B. No. 1010
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 occurring on department property by
on-duty department employees or by officers commissioned by the
department performing off-duty work related to their official
duties. The office shall oversee and review, but need not conduct,
all investigations under this section.
(c) An investigation under this section may be initiated
only by the executive director or the commission.
(d) 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.
(e) 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.
(f) 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 12.0011, Parks and Wildlife Code, is
amended by adding Subsections (c) and (d) to read as follows:
(c) A local or state agency 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 disagreed
with or did not act on or incorporate the recommendation or comment.
(d) A response under Subsection (c) is public information
under Chapter 552, Government Code.
SECTION 6. Section 66.007, Parks and Wildlife Code, is
amended by amending Subsections (b), (c), and (e) and adding
Subsections (m), (n), (o), (p), (q), and (r) 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 Subsections
(m), (n), (o), (p), (q), and (r), 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. The rules that relate to exotic aquatic
plants must be as permissive as possible without allowing the
importation 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 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 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 other 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
economic, environmental, or health problems.
(p) The commission shall delegate to the executive director
authority to 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.
(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; or
(2) as part of an exhibit approved by the department in
a public aquarium or public zoo.
SECTION 7. 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) 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 8. 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.
SECTION 9. (a) The 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 10. 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 11. 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 12. 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 13. (a) Not later than September 1, 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 September 1,
2010.
(c) The department shall continue to publish a list of
harmful or potentially harmful exotic aquatic plants for which,
through August 31, 2010, a permit under Section 66.007(a), Parks
and Wildlife Code, is required. The department is not required to
maintain or publish that list after August 31, 2010.
(d) 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, on or after September 1, 2010.
SECTION 14. This Act takes effect September 1, 2009.