Texas 2021 - 87th Regular

Texas Senate Bill SB700 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 700
	1	+	By: Buckingham, et al. S.B. No. 700
	2	+	(Cyrier)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the continuation and functions of the Texas Parks and
6	8		Wildlife Department.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 11.0111, Parks and Wildlife Code, is
9	11		amended to read as follows:
10	12		Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife
11	13		Department is subject to Chapter 325, Government Code (Texas Sunset
12	14		Act). Unless continued in existence as provided by that chapter,
13	15		the department is abolished September 1, 2033 [2021].
14	16		SECTION 2. Section 11.0126, Parks and Wildlife Code, is
15	17		amended by amending Subsection (b) and adding Subsection (d) to
16	18		read as follows:
17	19		(b) The training program must provide the person with
18	20		information regarding:
19	21		(1) the law governing [legislation that created the]
20	22		department operations [and the commission];
21	23		(2) the programs, functions, rules, and budget of
22	24		[operated by] the department;
23	25		(3) the scope of and limitations of the rulemaking
24	26		authority [the role and functions] of the commission [department];
25	27		(4) [the rules of the commission, with an emphasis on
26	28		the rules that relate to disciplinary and investigatory authority;
27	29		[(5) the current budget for the department;
28	30		[(6)] the results of the most recent formal audit of
29	31		the department;
30	32		(5) [(7)] the requirements of:
31	33		(A) laws relating to [the] open meetings, public
32	34		information, administrative procedure, and disclosing conflicts of
33	35		interest [law, Chapter 551, Government Code]; and
34	36		(B) [the public information law, Chapter 552,
35	37		Government Code;
36	38		[(C) the administrative procedure law, Chapter
37	39		2001, Government Code; and
38	40		[(D)] other laws applicable to members of a state
39	41		policy-making body in performing their duties [relating to public
40	42		officials, including conflict-of-interest laws]; and
41	43		(6) [(8)] any applicable ethics policies adopted by
42	44		the department or the Texas Ethics Commission.
43	45		(d) The director shall create a training manual that
44	46		includes the information required by Subsection (b). The director
45	47		shall distribute a copy of the training manual annually to each
46	48		member of the commission. Each member of the commission shall sign
47	49		and submit to the director a statement acknowledging that the
48	50		member received and has reviewed the training manual.
49	51		SECTION 3. The heading to Section 11.0161, Parks and
50	52		Wildlife Code, is amended to read as follows:
51	53		Sec. 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES[;
52	54		COMPLAINTS].
53	55		SECTION 4. Subchapter B, Chapter 11, Parks and Wildlife
54	56		Code, is amended by adding Section 11.0165 to read as follows:
55	57		Sec. 11.0165. COMPLAINTS. (a) The department shall
56	58		maintain a system to promptly and efficiently act on complaints
57	59		filed with the department. The department shall maintain
58	60		information about parties to the complaint, the subject matter of
59	61		the complaint, a summary of the results of the review or
60	62		investigation of the complaint, and its disposition.
61	63		(b) The department shall make information available
62	64		describing its procedures for complaint investigation and
63	65		resolution.
64	66		(c) The department shall periodically notify the complaint
65	67		parties of the status of the complaint until final disposition
66	68		unless the notice would jeopardize an investigation.
67	69		SECTION 5. Section 11.104, Parks and Wildlife Code, is
68	70		amended by amending Subsection (c) and adding Subsections (f) and
69	71		(g) to read as follows:
70	72		(c) Based on the analysis made under Subsection (a), the
71	73		department shall prepare a land and water resources conservation
72	74		and recreation plan. [The plan must include criteria for
73	75		determining how to meet the state's conservation and recreation
74	76		needs.] The department shall revise the plan as necessary to
75	77		reflect changes in the inventory developed under Section 11.103.
76	78		The plan must include:
77	79		(1) criteria for determining how to meet the state's
78	80		conservation and recreation needs; and
79	81		(2) measures of the effectiveness of the department in
80	82		meeting the goals and objectives of the plan, including, where
81	83		possible, quantifiable measures.
82	84		(f) Every five years the department shall evaluate progress
83	85		towards achieving the goals and objectives of the plan prepared
84	86		under Subsection (c). The department's evaluation must:
85	87		(1) include the effectiveness measures under
86	88		Subsection (c)(2); and
87	89		(2) identify:
88	90		(A) the goals and objectives met by the
89	91		department; and
90	92		(B) reasons for any unmet goals or objectives.
91	93		(g) On completion of an evaluation under Subsection (f), the
92	94		department shall develop and implement practices designed to
93	95		improve progress towards meeting the goals and objectives of the
94	96		plan.
95	97		SECTION 6. Subchapter B, Chapter 12, Parks and Wildlife
96	98		Code, is amended by adding Section 12.1025 to read as follows:
97	99		Sec. 12.1025. RISK-BASED INSPECTIONS OF NONRECREATIONAL
98	100		AUTHORIZATION HOLDERS. (a) In this section, "nonrecreational
99	101		authorization holder" means a holder of a license, permit, or other
100	102		authorization required by this code or rules adopted under this
101	103		code. The term does not include a holder of:
102	104		(1) a hunting license issued under Chapter 42;
103	105		(2) a hunting or fishing stamp issued under Chapter
104	106		43;
105	107		(3) a fishing license issued under Chapter 46; or
106	108		(4) a combination hunting and fishing license issued
107	109		under Chapter 50.
108	110		(b) The commission by rule shall adopt a policy to guide the
109	111		prioritization of inspections of nonrecreational authorization
110	112		holders based on risk to the state's natural resources.
111	113		(c) The policy adopted under this section must require that
112	114		the department:
113	115		(1) identify the nonrecreational authorization
114	116		holders that require on-site inspections;
115	117		(2) develop an assessment tool for determining the
116	118		appropriate frequency and intensity of department inspections of
117	119		nonrecreational authorization holders, based on key risk factors
118	120		and indications of increased or decreased risk, such as repeated or
119	121		remedied violations and failed or passed inspections; and
120	122		(3) document all inspections of nonrecreational
121	123		authorization holders and the results of those inspections and make
122	124		the documentation available to all employees whose job descriptions
123	125		include the regulation of nonrecreational authorization holders.
124	126		SECTION 7. Section 24.001(12), Parks and Wildlife Code, is
125	127		amended to read as follows:
126	128		(12) "Underserved population" means any group of
127	129		people that is:
128	130		(A) low income, inner city, or rural as
129	131		determined by the last census;
130	132		(B) [, or] minority;
131	133		(C) youth, including youth at risk and youth with
132	134		a physical, developmental, or intellectual disability or mental
133	135		illness;[, physically or mentally challenged youth at risk, youth,]
134	136		or
135	137		(D) female.
136	138		SECTION 8. Section 24.051(11), Parks and Wildlife Code, is
137	139		amended to read as follows:
138	140		(11) "Underserved population" means any group of
139	141		people that is:
140	142		(A) low income or inner city, as determined by
141	143		the last census;
142	144		(B) [, or] minority;
143	145		(C) youth, including youth at risk and youth with
144	146		a physical, developmental, or intellectual disability or mental
145	147		illness;[, physically or mentally challenged youth at risk, youth,]
146	148		or
147	149		(D) female.
148	150		SECTION 9. Section 31.044, Parks and Wildlife Code, is
149	151		amended to read as follows:
150	152		Sec. 31.044. INSPECTIONS. (a) A dealer, distributor, or
151	153		manufacturer may not refuse to allow the department or a peace
152	154		officer to inspect a vessel, outboard motor, or records relating to
153	155		the possession, origination, ownership, or transfer of a vessel or
154	156		outboard motor at a dealership or distributor's or manufacturer's
155	157		place of business during normal business hours.
156	158		(b) The commission by rule shall adopt a policy to guide the
157	159		prioritization of inspections of license holders holding a license
158	160		issued under Section 31.041 based on risk to water safety.
159	161		(c) The policy adopted under this section must require that
160	162		the department:
161	163		(1) determine the conditions under which an on-site
162	164		inspection of a license holder by the department is appropriate;
163	165		(2) develop an assessment tool for determining the
164	166		appropriate frequency and intensity of department inspections of
165	167		license holders, based on key risk factors and indications of
166	168		increased or decreased risk, such as repeated or remedied
167	169		violations and failed or passed inspections; and
168	170		(3) document all license holder inspections and the
169	171		results of those inspections and make the documentation available
170	172		to all employees whose job descriptions include the regulation of
171	173		license holders.
172	174		(d) The policy adopted under this section may be combined
173	175		with a policy adopted under Section 12.1025.
174	176		SECTION 10. Sections 42.012(b) and (c), Parks and Wildlife
175	177		Code, are amended to read as follows:
176	178		(b) The commission may set a lower fee or waive the fee or
177	179		license requirement for a resident who is under 17 years old, 65
178	180		years old or older, or participating in an event that is sponsored
179	181		or co-sponsored by the department [Texas Parks and Wildlife
180	182		Department] with the approval of the [executive] director. The
181	183		commission shall waive the fee for a qualified [disabled] veteran
182	184		with a disability and for a resident on active duty as a member of
183	185		the United States military forces, the Texas Army National Guard,
184	186		the Texas Air National Guard, or the Texas State Guard.
185	187		(c) "Qualified [disabled] veteran with a disability" means
186	188		a veteran with a service connected disability, as defined by the
187	189		United States Department of Veterans Affairs, consisting of the
188	190		loss of the use of a lower extremity or of a disability rating of 50
189	191		percent or more and who is receiving compensation from the United
190	192		States for the disability.
191	193		SECTION 11. Section 46.002, Parks and Wildlife Code, is
192	194		amended to read as follows:
193	195		Sec. 46.002. EXEMPTIONS. (a) A license issued under this
194	196		chapter is not required of a person:
195	197		(1) who is a resident and whose birth date is before
196	198		January 1, 1931;
197	199		(2) who is a nonresident, if the person's birth date is
198	200		before September 1, 1930, and the person's state of residence
199	201		grants a similar age exemption to Texas residents;
200	202		(3) with a mental illness or developmental or
201	203		intellectual disability who is engaged [mentally disabled and who
202	204		is engaging] in recreational fishing as part of medically approved
203	205		therapy[, and who is fishing] under the immediate supervision of
204	206		personnel approved or employed by a hospital, residence, or school
205	207		for [mentally disabled] persons with mental illnesses or
206	208		developmental or intellectual disabilities;
207	209		(4) with a mental illness or developmental or
208	210		intellectual disability who is [mentally retarded and is] engaged
209	211		in recreational fishing under the immediate supervision of a person
210	212		who:
211	213		(A) holds a license issued under this chapter;
212	214		and
213	215		(B) if not a member of the family of the person
214	216		with a mental illness or developmental or intellectual disability,
215	217		has the permission of the [mentally retarded person's] family head
216	218		or legal guardian of the person with a mental illness or
217	219		developmental or intellectual disability to take the [mentally
218	220		retarded] person with a mental illness or developmental or
219	221		intellectual disability fishing [if the person is not a member of
220	222		the family of the mentally retarded person]; or
221	223		(5) who is participating in an event that is sponsored
222	224		or co-sponsored by the department [Texas Parks and Wildlife
223	225		Department] with the approval of the director [Executive Director].
224	226		(b) The [mentally disabled] person with a mental illness or
225	227		developmental or intellectual disability who is recreationally
226	228		fishing under Subsection (a)(3) shall carry an authorization
227	229		identifying the entity supplying the service. This authorization
228	230		may be in the form of a tag that contains the name of the sponsoring
229	231		entity.
230	232		(c) A [mentally retarded] person with a mental illness or
231	233		developmental or intellectual disability who is engaged in
232	234		recreational fishing under Subsection (a)(4) must carry a note from
233	235		a doctor stating that the person has been diagnosed with a mental
234	236		illness or developmental or intellectual disability [as mentally
235	237		retarded].
236	238		SECTION 12. Section 46.004(c), Parks and Wildlife Code, is
237	239		amended to read as follows:
238	240		(c) The commission shall waive the fee for a qualified
239	241		[disabled] veteran with a disability as defined by Section 42.012
240	242		and for a resident on active duty as a member of the United States
241	243		military forces, the Texas Army National Guard, the Texas Air
242	244		National Guard, or the Texas State Guard.
243	245		SECTION 13. Chapter 86, Parks and Wildlife Code, is amended
244	246		by adding Section 86.0215 to read as follows:
245	247		Sec. 86.0215. INSPECTIONS. (a) In this section, "permit
246	248		holder" means a person holding a permit under Section 86.006.
247	249		(b) The commission by rule shall adopt a policy to guide the
248	250		prioritization of inspections of permit holders based on risk to
249	251		the state's natural resources.
250	252		(c) The policy adopted under this section must require that
251	253		the department:
252	254		(1) determine the conditions under which an on-site
253	255		inspection of a permit holder by the department is appropriate;
254	256		(2) develop an assessment tool for determining the
255	257		appropriate frequency and intensity of department inspections of
256	258		permit holders, based on key risk factors and indications of
257	259		increased or decreased risk, such as repeated or remedied
258	260		violations and failed or passed inspections; and
259	261		(3) document all inspections of permit holders and the
260	262		results of those inspections and make the documentation available
261	263		to all employees whose job descriptions include the regulation of
262	264		permit holders.
263	265		(d) The policy adopted under this section may be combined
264	266		with a policy adopted under Section 12.1025.
265	267		SECTION 14. Sections 11.0161(b), (c), (d), and (e), Parks
266	268		and Wildlife Code, are repealed.
267	269		SECTION 15. (a) Except as provided by Subsection (b) of
268	270		this section, Section 11.0126, Parks and Wildlife Code, as amended
269	271		by this Act, applies to a member of the Parks and Wildlife
270	272		Commission appointed before, on, or after the effective date of
271	273		this Act.
272	274		(b) A member of the Parks and Wildlife Commission who,
273	275		before the effective date of this Act, completed the training
274	276		program required by Section 11.0126, Parks and Wildlife Code, as
275	277		that law existed before the effective date of this Act, is only
276	278		required to complete additional training on the subjects added by
277	279		this Act to the training program required by Section 11.0126, Parks
278	280		and Wildlife Code. A board member described by this subsection may
279	281		not vote, deliberate, or be counted as a member in attendance at a
280	282		meeting of the board held on or after December 1, 2021, until the
281	283		member completes the additional training.
282	284		SECTION 16. This Act takes effect September 1, 2021.
283		-	______________________________ ______________________________
284		-	President of the Senate Speaker of the House
285		-	I hereby certify that S.B. No. 700 passed the Senate on
286		-	April 19, 2021, by the following vote: Yeas 31, Nays 0.
287		-	______________________________
288		-	Secretary of the Senate
289		-	I hereby certify that S.B. No. 700 passed the House on
290		-	May 12, 2021, by the following vote: Yeas 140, Nays 1, one
291		-	present not voting.
292		-	______________________________
293		-	Chief Clerk of the House
294		-	Approved:
295		-	______________________________
296		-	Date
297		-	______________________________
298		-	Governor