87R3172 MP-D
By: Cyrier H.B. No. 1615
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Parks and
Wildlife Department.
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, 2033 [2021].
SECTION 2. Section 11.0126, Parks and Wildlife Code, is
amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
department operations [and the commission];
(2) the programs, functions, rules, and budget of
[operated by] the department;
(3) the scope of and limitations of the rulemaking
authority [the role and functions] of the commission [department];
(4) [the rules of the commission, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the department;
[(6)] the results of the most recent formal audit of
the department;
(5) [(7)] the requirements of:
(A) laws relating to [the] open meetings, public
information, administrative procedure, and disclosing conflicts of
interest [law, Chapter 551, Government Code]; and
(B) [the public information law, Chapter 552,
Government Code;
[(C) the administrative procedure law, Chapter
2001, Government Code; and
[(D)] other laws applicable to members of a state
policymaking body in performing their duties [relating to public
officials, including conflict-of-interest laws]; and
(6) [(8)] any applicable ethics policies adopted by
the department or the Texas Ethics Commission.
(d) The director shall create a training manual that
includes the information required by Subsection (b). The director
shall distribute a copy of the training manual annually to each
member of the commission. Each member of the commission shall sign
and submit to the director a statement acknowledging that the
member received and has reviewed the training manual.
SECTION 3. The heading to Section 11.0161, Parks and
Wildlife Code, is amended to read as follows:
Sec. 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES[;
COMPLAINTS].
SECTION 4. Subchapter B, Chapter 11, Parks and Wildlife
Code, is amended by adding Section 11.0165 to read as follows:
Sec. 11.0165. COMPLAINTS. (a) The department shall
maintain a system to promptly and efficiently act on complaints
filed with the department. The department shall maintain
information about parties to the complaint, the subject matter of
the complaint, a summary of the results of the review or
investigation of the complaint, and its disposition.
(b) The department shall make information available
describing its procedures for complaint investigation and
resolution.
(c) The department shall periodically notify the complaint
parties of the status of the complaint until final disposition
unless the notice would jeopardize an investigation.
SECTION 5. Section 11.104, Parks and Wildlife Code, is
amended by amending Subsection (c) and adding Subsections (f) and
(g) to read as follows:
(c) Based on the analysis made under Subsection (a), the
department shall prepare a land and water resources conservation
and recreation plan. [The plan must include criteria for
determining how to meet the state's conservation and recreation
needs.] The department shall revise the plan as necessary to
reflect changes in the inventory developed under Section 11.103.
The plan must include:
(1) criteria for determining how to meet the state's
conservation and recreation needs; and
(2) measures of the effectiveness of the department in
meeting the goals and objectives of the plan, including, where
possible, quantifiable measures.
(f) Every other year the department shall evaluate progress
towards achieving the goals and objectives of the plan prepared
under Subsection (c). The department's evaluation must:
(1) include the effectiveness measures under
Subsection (c)(2); and
(2) identify:
(A) the goals and objectives met by the
department; and
(B) reasons for any unmet goals or objectives.
(g) On completion of an evaluation under Subsection (f), the
department shall develop and implement practices designed to
improve progress towards meeting the goals and objectives of the
plan.
SECTION 6. Subchapter B, Chapter 12, Parks and Wildlife
Code, is amended by adding Section 12.1025 to read as follows:
Sec. 12.1025. RISK-BASED INSPECTIONS OF COMMERCIAL OR
OCCUPATIONAL LICENSED ACTIVITIES. (a) In this section,
"commercial or occupational licensed activity" means an activity
for which a license, permit, or other authorization is required by
this code or rules adopted under this code that results in income or
other remuneration for the license holder. The term does not
include a hunting license issued under Chapter 42 or a fishing
license issued under Chapter 46.
(b) The commission by rule shall adopt a policy to guide the
prioritization of inspections of commercial or occupational
licensed activity based on risk to the state's natural resources.
(c) The policy adopted under this section must require that
the department:
(1) identify the licenses, permits, and other
authorizations for commercial or occupational licensed activity
issued by the department that require on-site inspections;
(2) develop an assessment tool for determining the
appropriate frequency and intensity of department inspections of
commercial or occupational licensed activity, based on key risk
factors and indications of increased or decreased risk, such as
repeated or remedied violations and failed or passed inspections;
and
(3) document all inspections of commercial or
occupational licensed activity and the results of those inspections
and make the documentation available to all employees whose job
descriptions include the regulation of commercial or occupational
licensed activity.
SECTION 7. Section 24.001(12), Parks and Wildlife Code, is
amended to read as follows:
(12) "Underserved population" means any group of
people that is:
(A) low income, inner city, or rural as
determined by the last census;
(B) [, or] minority;
(C) youth, including youth at risk and youth with
a physical, developmental, or intellectual disability or mental
illness;[, physically or mentally challenged youth at risk, youth,]
or
(D) female.
SECTION 8. Section 24.051(11), Parks and Wildlife Code, is
amended to read as follows:
(11) "Underserved population" means any group of
people that is:
(A) low income or inner city, as determined by
the last census;
(B) [, or] minority;
(C) youth, including youth at risk and youth with
a physical, developmental, or intellectual disability or mental
illness;[, physically or mentally challenged youth at risk, youth,]
or
(D) female.
SECTION 9. Section 31.044, Parks and Wildlife Code, is
amended to read as follows:
Sec. 31.044. INSPECTIONS. (a) In this section, "license
holder" means a person holding a license under Section 31.041.
(b) A license holder [dealer, distributor, or manufacturer]
may not refuse to allow the department or a peace officer to inspect
a vessel, outboard motor, or records relating to the possession,
origination, ownership, or transfer of a vessel or outboard motor
at a dealership or distributor's or manufacturer's place of
business during normal business hours.
(c) The commission by rule shall adopt a policy to guide the
prioritization of inspections of license holders based on risk to
the state's natural resources.
(d) The policy adopted under this section must require that
the department:
(1) determine the conditions under which an on-site
inspection of a license holder by the department is appropriate;
(2) develop an assessment tool for determining the
appropriate frequency and intensity of department inspections of
license holders, based on key risk factors and indications of
increased or decreased risk, such as repeated or remedied
violations and failed or passed inspections; and
(3) document all license holder inspections and the
results of those inspections and make the documentation available
to all employees whose job descriptions include the regulation of
license holders.
(e) The policy adopted under this section may be combined
with a policy adopted under Section 12.1025.
SECTION 10. Sections 42.012(b) and (c), Parks and Wildlife
Code, are amended to read as follows:
(b) The commission may set a lower fee or waive the fee or
license requirement for a resident who is under 17 years old, 65
years old or older, or participating in an event that is sponsored
or co-sponsored by the department [Texas Parks and Wildlife
Department] with the approval of the [executive] director. The
commission shall waive the fee for a qualified [disabled] veteran
with a disability and for a resident on active duty as a member of
the United States military forces, the Texas Army National Guard,
the Texas Air National Guard, or the Texas State Guard.
(c) "Qualified [disabled] veteran with a disability" means
a veteran with a service connected disability, as defined by the
United States Department of Veterans Affairs, consisting of the
loss of the use of a lower extremity or of a disability rating of 50
percent or more and who is receiving compensation from the United
States for the disability.
SECTION 11. Section 46.002, Parks and Wildlife Code, is
amended to read as follows:
Sec. 46.002. EXEMPTIONS. (a) A license issued under this
chapter is not required of a person:
(1) who is a resident and whose birth date is before
January 1, 1931;
(2) who is a nonresident, if the person's birth date is
before September 1, 1930, and the person's state of residence
grants a similar age exemption to Texas residents;
(3) with a mental illness or developmental or
intellectual disability who is engaged [mentally disabled and who
is engaging] in recreational fishing as part of medically approved
therapy[, and who is fishing] under the immediate supervision of
personnel approved or employed by a hospital, residence, or school
for [mentally disabled] persons with mental illnesses or
developmental or intellectual disabilities;
(4) with a mental illness or developmental or
intellectual disability who is [mentally retarded and is] engaged
in recreational fishing under the immediate supervision of a person
who:
(A) holds a license issued under this chapter;
and
(B) if not a member of the family of the person
with a mental illness or developmental or intellectual disability,
has the permission of the [mentally retarded person's] family head
or legal guardian of the person with a mental illness or
developmental or intellectual disability to take the [mentally
retarded] person with a mental illness or developmental or
intellectual disability fishing [if the person is not a member of
the family of the mentally retarded person]; or
(5) who is participating in an event that is sponsored
or co-sponsored by the department [Texas Parks and Wildlife
Department] with the approval of the director [Executive Director].
(b) The [mentally disabled] person with a mental illness or
developmental or intellectual disability who is recreationally
fishing under Subsection (a)(3) shall carry an authorization
identifying the entity supplying the service. This authorization
may be in the form of a tag that contains the name of the sponsoring
entity.
(c) A [mentally retarded] person with a mental illness or
developmental or intellectual disability who is engaged in
recreational fishing under Subsection (a)(4) must carry a note from
a doctor stating that the person has been diagnosed with a mental
illness or developmental or intellectual disability [as mentally
retarded].
SECTION 12. Section 46.004(c), Parks and Wildlife Code, is
amended to read as follows:
(c) The commission shall waive the fee for a qualified
[disabled] veteran with a disability as defined by Section 42.012
and for a resident on active duty as a member of the United States
military forces, the Texas Army National Guard, the Texas Air
National Guard, or the Texas State Guard.
SECTION 13. Chapter 86, Parks and Wildlife Code, is amended
by adding Section 86.0215 to read as follows:
Sec. 86.0215. INSPECTIONS. (a) In this section, "permit
holder" means a person holding a permit under Section 86.006.
(b) The commission by rule shall adopt a policy to guide the
prioritization of inspections of permit holders based on risk to
the state's natural resources.
(c) The policy adopted under this section must require that
the department:
(1) determine the conditions under which an on-site
inspection of a permit holder by the department is appropriate;
(2) develop an assessment tool for determining the
appropriate frequency and intensity of department inspections of
permit holders, based on key risk factors and indications of
increased or decreased risk, such as repeated or remedied
violations and failed or passed inspections; and
(3) document all inspections of permit holders and the
results of those inspections and make the documentation available
to all employees whose job descriptions include the regulation of
permit holders.
(d) The policy adopted under this section may be combined
with a policy adopted under Section 12.1025.
SECTION 14. Sections 11.0161(b), (c), (d), and (e), Parks
and Wildlife Code, are repealed.
SECTION 15. This Act takes effect September 1, 2021.