89R11964 MP-D
By: Curry H.B. No. 4938
A BILL TO BE ENTITLED
AN ACT
relating to the abolishment of the Parks and Wildlife Department
and the Parks and Wildlife Commission and the transfer of their
functions to the General Land Office, Department of Agriculture,
and Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter A, Chapter 1, Parks and
Wildlife Code, is amended to read as follows:
SUBCHAPTER A. REGULATION OF THIS CODE [PURPOSE AND POLICY]
SECTION 2. Subchapter A, Chapter 1, Parks and Wildlife
Code, is amended by adding Sections 1.003, 1.004, and 1.005 to read
as follows:
Sec. 1.003. REGULATING ENTITIES. Subject to the memorandum
of understanding entered into under Section 1.004, the powers,
duties, and functions of the former Parks and Wildlife Department
and former Parks and Wildlife Commission are transferred to the
General Land Office, Department of Agriculture, and Department of
Public Safety and their applicable commissioner or governing body
as follows:
(1) the General Land Office shall administer the
provisions of this code, including Chapters 13 and 14, Title 3, and
Subtitles E, F, and I, Title 5, relating to the regulation of parks,
natural areas, wildlife management areas, fish hatcheries,
historic sites, or other public land, including any bodies of
water, formerly under the jurisdiction of the Parks and Wildlife
Department;
(2) the Department of Agriculture shall administer the
provisions of this code, including Subtitles A, B, C, D, G, and H,
Title 5, and Title 6, relating to native plants, wildlife, or the
conservation or management of native plants or wildlife, including
hunting and fishing; and
(3) the Department of Public Safety shall administer
the provisions of this code, including Title 4, relating to the
enforcement of this code, game wardens, or water safety, including:
(A) the operation of vessels, other than
commercial fishing provisions under Title 5 relating to vessels;
(B) equipment for vessels; and
(C) the identification, numbering, and titling
of vessels.
Sec. 1.004. MEMORANDUM OF UNDERSTANDING. (a) The General
Land Office, Department of Agriculture, and Department of Public
Safety shall enter into a memorandum of understanding regarding the
transfer of the powers, duties, and functions from the former Parks
and Wildlife Department and former Parks and Wildlife Commission to
each entity under Section 1.003.
(b) The memorandum of understanding must:
(1) identify in detail the applicable powers, duties,
and functions of each entity under this code and the specific
provisions of this code administered by each entity; and
(2) ensure that each power, duty, and function of the
former Parks and Wildlife Department and former Parks and Wildlife
Commission is assumed among the entities.
(c) The General Land Office, Department of Agriculture, and
Department of Public Safety may revise the memorandum of
understanding as necessary to administer each entity's powers,
duties, and functions under this code.
Sec. 1.005. REFERENCES IN LAW TO FORMER PARKS AND WILDLIFE
DEPARTMENT OR FORMER PARKS AND WILDLIFE COMMISSION. A reference in
any law to the Parks and Wildlife Department or the Parks and
Wildlife Commission means the appropriate entity transferred
regulatory authority under Section 1.003 and in accordance with the
memorandum of understanding entered into under Section 1.004.
SECTION 3. Sections 11.002, 11.011, 11.0111, 11.012,
11.0121, 11.0122, 11.0123, 11.0124, 11.0125, 11.0126, 11.013,
11.014, 11.015, 11.0151, 11.016, 11.0161, 11.0162, 11.0163,
11.0164, 11.0165, 11.017, 11.018, 11.0182, 11.0183, 11.021,
11.022, 11.023, and 11.024, Parks and Wildlife Code, are repealed.
SECTION 4. (a) Effective September 1, 2027:
(1) the powers, duties, and functions of the Parks and
Wildlife Department and Parks and Wildlife Commission are
transferred to the General Land Office, Department of Agriculture,
and Department of Public Safety and their applicable commissioner
or governing body in accordance with this Act;
(2) all rules of the Parks and Wildlife Commission are
continued in effect as rules of the appropriate entity described by
Subdivision (1) of this subsection in accordance with this Act
until superseded by a rule of the entity;
(3) a form, policy, procedure, or decision of the
Parks and Wildlife Department or Parks and Wildlife Commission is
continued in effect as a form, policy, procedure, or decision of the
appropriate entity described by Subdivision (1) of this subsection
in accordance with this Act until superseded by a rule of the
entity;
(4) an employee of the Parks and Wildlife Department
or Parks and Wildlife Commission becomes an employee of the
appropriate entity described by Subdivision (1) of this subsection
in accordance with this Act;
(5) all money, contracts, rights, property, and
records of the Parks and Wildlife Department and Parks and Wildlife
Commission are transferred to the appropriate entity described by
Subdivision (1) of this subsection in accordance with this Act; and
(6) the unobligated and unexpended balance of any
appropriations made to the Parks and Wildlife Department and Parks
and Wildlife Commission is transferred to the appropriate entity
described by Subdivision (1) of this subsection in accordance with
this Act.
(b) A license, permit, or other authorization issued by the
Parks and Wildlife Department is continued in effect as provided by
the law in effect immediately before the effective date of this Act.
A complaint, investigation, or other proceeding relating to a
license, permit, or other authorization issued by the Parks and
Wildlife Department that is pending on the effective date of this
Act is continued without change in status after the effective date
of this Act. An activity conducted by the Parks and Wildlife
Department relating to a license, permit, or other authorization
issued by the Parks and Wildlife Department is considered to be an
activity conducted by the appropriate entity described by
Subsection (a)(1) of this section in accordance with this Act.
(c) The Parks and Wildlife Department and Parks and Wildlife
Commission shall continue, as necessary, to perform the duties and
functions being transferred to the appropriate entity described by
Subsection (a)(1) of this section in accordance with this Act until
the transfer of agency powers, duties, and functions is complete.
(d) The Parks and Wildlife Department and Parks and Wildlife
Commission and the General Land Office, Department of Agriculture,
and Department of Public Safety shall enter into a memorandum of
understanding as necessary to effect the transfer of powers,
duties, and functions under this Act.
SECTION 5. The Texas Legislative Council shall prepare for
consideration by the 90th Legislature a nonsubstantive revision of
the Texas codes and revised statutes that:
(1) changes each reference to the "Parks and Wildlife
Department" and "Parks and Wildlife Commission" to the appropriate
entity described by Section 4(a)(1) of this Act; and
(2) makes other nonsubstantive revisions as necessary
to conform to the changes in law made by this Act.
SECTION 6. This Act takes effect September 1, 2025.