Texas 2021 - 87th Regular

Texas House Bill HB1615 Compare Versions

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

Old	New	Differences
1	1	87R3172 MP-D
2	2	By: Cyrier H.B. No. 1615
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 Texas Parks and
8	8	Wildlife Department.
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, 2033 [2021].
16	16	SECTION 2. Section 11.0126, Parks and Wildlife Code, is
17	17	amended by amending Subsection (b) and adding Subsection (d) to
18	18	read as follows:
19	19	(b) The training program must provide the person with
20	20	information regarding:
21	21	(1) the law governing [legislation that created the]
22	22	department operations [and the commission];
23	23	(2) the programs, functions, rules, and budget of
24	24	[operated by] the department;
25	25	(3) the scope of and limitations of the rulemaking
26	26	authority [the role and functions] of the commission [department];
27	27	(4) [the rules of the commission, with an emphasis on
28	28	the rules that relate to disciplinary and investigatory authority;
29	29	[(5) the current budget for the department;
30	30	[(6)] the results of the most recent formal audit of
31	31	the department;
32	32	(5) [(7)] the requirements of:
33	33	(A) laws relating to [the] open meetings, public
34	34	information, administrative procedure, and disclosing conflicts of
35	35	interest [law, Chapter 551, Government Code]; and
36	36	(B) [the public information law, Chapter 552,
37	37	Government Code;
38	38	[(C) the administrative procedure law, Chapter
39	39	2001, Government Code; and
40	40	[(D)] other laws applicable to members of a state
41	41	policymaking body in performing their duties [relating to public
42	42	officials, including conflict-of-interest laws]; and
43	43	(6) [(8)] any applicable ethics policies adopted by
44	44	the department or the Texas Ethics Commission.
45	45	(d) The director shall create a training manual that
46	46	includes the information required by Subsection (b). The director
47	47	shall distribute a copy of the training manual annually to each
48	48	member of the commission. Each member of the commission shall sign
49	49	and submit to the director a statement acknowledging that the
50	50	member received and has reviewed the training manual.
51	51	SECTION 3. The heading to Section 11.0161, Parks and
52	52	Wildlife Code, is amended to read as follows:
53	53	Sec. 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES[;
54	54	COMPLAINTS].
55	55	SECTION 4. Subchapter B, Chapter 11, Parks and Wildlife
56	56	Code, is amended by adding Section 11.0165 to read as follows:
57	57	Sec. 11.0165. COMPLAINTS. (a) The department shall
58	58	maintain a system to promptly and efficiently act on complaints
59	59	filed with the department. The department shall maintain
60	60	information about parties to the complaint, the subject matter of
61	61	the complaint, a summary of the results of the review or
62	62	investigation of the complaint, and its disposition.
63	63	(b) The department shall make information available
64	64	describing its procedures for complaint investigation and
65	65	resolution.
66	66	(c) The department shall periodically notify the complaint
67	67	parties of the status of the complaint until final disposition
68	68	unless the notice would jeopardize an investigation.
69	69	SECTION 5. Section 11.104, Parks and Wildlife Code, is
70	70	amended by amending Subsection (c) and adding Subsections (f) and
71	71	(g) to read as follows:
72	72	(c) Based on the analysis made under Subsection (a), the
73	73	department shall prepare a land and water resources conservation
74	74	and recreation plan. [The plan must include criteria for
75	75	determining how to meet the state's conservation and recreation
76	76	needs.] The department shall revise the plan as necessary to
77	77	reflect changes in the inventory developed under Section 11.103.
78	78	The plan must include:
79	79	(1) criteria for determining how to meet the state's
80	80	conservation and recreation needs; and
81	81	(2) measures of the effectiveness of the department in
82	82	meeting the goals and objectives of the plan, including, where
83	83	possible, quantifiable measures.
84	84	(f) Every other year the department shall evaluate progress
85	85	towards achieving the goals and objectives of the plan prepared
86	86	under Subsection (c). The department's evaluation must:
87	87	(1) include the effectiveness measures under
88	88	Subsection (c)(2); and
89	89	(2) identify:
90	90	(A) the goals and objectives met by the
91	91	department; and
92	92	(B) reasons for any unmet goals or objectives.
93	93	(g) On completion of an evaluation under Subsection (f), the
94	94	department shall develop and implement practices designed to
95	95	improve progress towards meeting the goals and objectives of the
96	96	plan.
97	97	SECTION 6. Subchapter B, Chapter 12, Parks and Wildlife
98	98	Code, is amended by adding Section 12.1025 to read as follows:
99	99	Sec. 12.1025. RISK-BASED INSPECTIONS OF COMMERCIAL OR
100	100	OCCUPATIONAL LICENSED ACTIVITIES. (a) In this section,
101	101	"commercial or occupational licensed activity" means an activity
102	102	for which a license, permit, or other authorization is required by
103	103	this code or rules adopted under this code that results in income or
104	104	other remuneration for the license holder. The term does not
105	105	include a hunting license issued under Chapter 42 or a fishing
106	106	license issued under Chapter 46.
107	107	(b) The commission by rule shall adopt a policy to guide the
108	108	prioritization of inspections of commercial or occupational
109	109	licensed activity based on risk to the state's natural resources.
110	110	(c) The policy adopted under this section must require that
111	111	the department:
112	112	(1) identify the licenses, permits, and other
113	113	authorizations for commercial or occupational licensed activity
114	114	issued by the department that require on-site inspections;
115	115	(2) develop an assessment tool for determining the
116	116	appropriate frequency and intensity of department inspections of
117	117	commercial or occupational licensed activity, based on key risk
118	118	factors and indications of increased or decreased risk, such as
119	119	repeated or remedied violations and failed or passed inspections;
120	120	and
121	121	(3) document all inspections of commercial or
122	122	occupational licensed activity and the results of those inspections
123	123	and make the documentation available to all employees whose job
124	124	descriptions include the regulation of commercial or occupational
125	125	licensed activity.
126	126	SECTION 7. Section 24.001(12), Parks and Wildlife Code, is
127	127	amended to read as follows:
128	128	(12) "Underserved population" means any group of
129	129	people that is:
130	130	(A) low income, inner city, or rural as
131	131	determined by the last census;
132	132	(B) [, or] minority;
133	133	(C) youth, including youth at risk and youth with
134	134	a physical, developmental, or intellectual disability or mental
135	135	illness;[, physically or mentally challenged youth at risk, youth,]
136	136	or
137	137	(D) female.
138	138	SECTION 8. Section 24.051(11), Parks and Wildlife Code, is
139	139	amended to read as follows:
140	140	(11) "Underserved population" means any group of
141	141	people that is:
142	142	(A) low income or inner city, as determined by
143	143	the last census;
144	144	(B) [, or] minority;
145	145	(C) youth, including youth at risk and youth with
146	146	a physical, developmental, or intellectual disability or mental
147	147	illness;[, physically or mentally challenged youth at risk, youth,]
148	148	or
149	149	(D) female.
150	150	SECTION 9. Section 31.044, Parks and Wildlife Code, is
151	151	amended to read as follows:
152	152	Sec. 31.044. INSPECTIONS. (a) In this section, "license
153	153	holder" means a person holding a license under Section 31.041.
154	154	(b) A license holder [dealer, distributor, or manufacturer]
155	155	may not refuse to allow the department or a peace officer to inspect
156	156	a vessel, outboard motor, or records relating to the possession,
157	157	origination, ownership, or transfer of a vessel or outboard motor
158	158	at a dealership or distributor's or manufacturer's place of
159	159	business during normal business hours.
160	160	(c) The commission by rule shall adopt a policy to guide the
161	161	prioritization of inspections of license holders based on risk to
162	162	the state's natural resources.
163	163	(d) The policy adopted under this section must require that
164	164	the department:
165	165	(1) determine the conditions under which an on-site
166	166	inspection of a license holder by the department is appropriate;
167	167	(2) develop an assessment tool for determining the
168	168	appropriate frequency and intensity of department inspections of
169	169	license holders, based on key risk factors and indications of
170	170	increased or decreased risk, such as repeated or remedied
171	171	violations and failed or passed inspections; and
172	172	(3) document all license holder inspections and the
173	173	results of those inspections and make the documentation available
174	174	to all employees whose job descriptions include the regulation of
175	175	license holders.
176	176	(e) The policy adopted under this section may be combined
177	177	with a policy adopted under Section 12.1025.
178	178	SECTION 10. Sections 42.012(b) and (c), Parks and Wildlife
179	179	Code, are amended to read as follows:
180	180	(b) The commission may set a lower fee or waive the fee or
181	181	license requirement for a resident who is under 17 years old, 65
182	182	years old or older, or participating in an event that is sponsored
183	183	or co-sponsored by the department [Texas Parks and Wildlife
184	184	Department] with the approval of the [executive] director. The
185	185	commission shall waive the fee for a qualified [disabled] veteran
186	186	with a disability and for a resident on active duty as a member of
187	187	the United States military forces, the Texas Army National Guard,
188	188	the Texas Air National Guard, or the Texas State Guard.
189	189	(c) "Qualified [disabled] veteran with a disability" means
190	190	a veteran with a service connected disability, as defined by the
191	191	United States Department of Veterans Affairs, consisting of the
192	192	loss of the use of a lower extremity or of a disability rating of 50
193	193	percent or more and who is receiving compensation from the United
194	194	States for the disability.
195	195	SECTION 11. Section 46.002, Parks and Wildlife Code, is
196	196	amended to read as follows:
197	197	Sec. 46.002. EXEMPTIONS. (a) A license issued under this
198	198	chapter is not required of a person:
199	199	(1) who is a resident and whose birth date is before
200	200	January 1, 1931;
201	201	(2) who is a nonresident, if the person's birth date is
202	202	before September 1, 1930, and the person's state of residence
203	203	grants a similar age exemption to Texas residents;
204	204	(3) with a mental illness or developmental or
205	205	intellectual disability who is engaged [mentally disabled and who
206	206	is engaging] in recreational fishing as part of medically approved
207	207	therapy[, and who is fishing] under the immediate supervision of
208	208	personnel approved or employed by a hospital, residence, or school
209	209	for [mentally disabled] persons with mental illnesses or
210	210	developmental or intellectual disabilities;
211	211	(4) with a mental illness or developmental or
212	212	intellectual disability who is [mentally retarded and is] engaged
213	213	in recreational fishing under the immediate supervision of a person
214	214	who:
215	215	(A) holds a license issued under this chapter;
216	216	and
217	217	(B) if not a member of the family of the person
218	218	with a mental illness or developmental or intellectual disability,
219	219	has the permission of the [mentally retarded person's] family head
220	220	or legal guardian of the person with a mental illness or
221	221	developmental or intellectual disability to take the [mentally
222	222	retarded] person with a mental illness or developmental or
223	223	intellectual disability fishing [if the person is not a member of
224	224	the family of the mentally retarded person]; or
225	225	(5) who is participating in an event that is sponsored
226	226	or co-sponsored by the department [Texas Parks and Wildlife
227	227	Department] with the approval of the director [Executive Director].
228	228	(b) The [mentally disabled] person with a mental illness or
229	229	developmental or intellectual disability who is recreationally
230	230	fishing under Subsection (a)(3) shall carry an authorization
231	231	identifying the entity supplying the service. This authorization
232	232	may be in the form of a tag that contains the name of the sponsoring
233	233	entity.
234	234	(c) A [mentally retarded] person with a mental illness or
235	235	developmental or intellectual disability who is engaged in
236	236	recreational fishing under Subsection (a)(4) must carry a note from
237	237	a doctor stating that the person has been diagnosed with a mental
238	238	illness or developmental or intellectual disability [as mentally
239	239	retarded].
240	240	SECTION 12. Section 46.004(c), Parks and Wildlife Code, is
241	241	amended to read as follows:
242	242	(c) The commission shall waive the fee for a qualified
243	243	[disabled] veteran with a disability as defined by Section 42.012
244	244	and for a resident on active duty as a member of the United States
245	245	military forces, the Texas Army National Guard, the Texas Air
246	246	National Guard, or the Texas State Guard.
247	247	SECTION 13. Chapter 86, Parks and Wildlife Code, is amended
248	248	by adding Section 86.0215 to read as follows:
249	249	Sec. 86.0215. INSPECTIONS. (a) In this section, "permit
250	250	holder" means a person holding a permit under Section 86.006.
251	251	(b) The commission by rule shall adopt a policy to guide the
252	252	prioritization of inspections of permit holders based on risk to
253	253	the state's natural resources.
254	254	(c) The policy adopted under this section must require that
255	255	the department:
256	256	(1) determine the conditions under which an on-site
257	257	inspection of a permit holder by the department is appropriate;
258	258	(2) develop an assessment tool for determining the
259	259	appropriate frequency and intensity of department inspections of
260	260	permit holders, based on key risk factors and indications of
261	261	increased or decreased risk, such as repeated or remedied
262	262	violations and failed or passed inspections; and
263	263	(3) document all inspections of permit holders and the
264	264	results of those inspections and make the documentation available
265	265	to all employees whose job descriptions include the regulation of
266	266	permit holders.
267	267	(d) The policy adopted under this section may be combined
268	268	with a policy adopted under Section 12.1025.
269	269	SECTION 14. Sections 11.0161(b), (c), (d), and (e), Parks
270	270	and Wildlife Code, are repealed.
271	271	SECTION 15. This Act takes effect September 1, 2021.