Texas 2025 - 89th Regular

Texas House Bill HB4938 Compare Versions

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

Old	New	Differences
1	1	89R11964 MP-D
2	2	By: Curry H.B. No. 4938
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the abolishment of the Parks and Wildlife Department
10	10	and the Parks and Wildlife Commission and the transfer of their
11	11	functions to the General Land Office, Department of Agriculture,
12	12	and Department of Public Safety.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. The heading to Subchapter A, Chapter 1, Parks and
15	15	Wildlife Code, is amended to read as follows:
16	16	SUBCHAPTER A. REGULATION OF THIS CODE [PURPOSE AND POLICY]
17	17	SECTION 2. Subchapter A, Chapter 1, Parks and Wildlife
18	18	Code, is amended by adding Sections 1.003, 1.004, and 1.005 to read
19	19	as follows:
20	20	Sec. 1.003. REGULATING ENTITIES. Subject to the memorandum
21	21	of understanding entered into under Section 1.004, the powers,
22	22	duties, and functions of the former Parks and Wildlife Department
23	23	and former Parks and Wildlife Commission are transferred to the
24	24	General Land Office, Department of Agriculture, and Department of
25	25	Public Safety and their applicable commissioner or governing body
26	26	as follows:
27	27	(1) the General Land Office shall administer the
28	28	provisions of this code, including Chapters 13 and 14, Title 3, and
29	29	Subtitles E, F, and I, Title 5, relating to the regulation of parks,
30	30	natural areas, wildlife management areas, fish hatcheries,
31	31	historic sites, or other public land, including any bodies of
32	32	water, formerly under the jurisdiction of the Parks and Wildlife
33	33	Department;
34	34	(2) the Department of Agriculture shall administer the
35	35	provisions of this code, including Subtitles A, B, C, D, G, and H,
36	36	Title 5, and Title 6, relating to native plants, wildlife, or the
37	37	conservation or management of native plants or wildlife, including
38	38	hunting and fishing; and
39	39	(3) the Department of Public Safety shall administer
40	40	the provisions of this code, including Title 4, relating to the
41	41	enforcement of this code, game wardens, or water safety, including:
42	42	(A) the operation of vessels, other than
43	43	commercial fishing provisions under Title 5 relating to vessels;
44	44	(B) equipment for vessels; and
45	45	(C) the identification, numbering, and titling
46	46	of vessels.
47	47	Sec. 1.004. MEMORANDUM OF UNDERSTANDING. (a) The General
48	48	Land Office, Department of Agriculture, and Department of Public
49	49	Safety shall enter into a memorandum of understanding regarding the
50	50	transfer of the powers, duties, and functions from the former Parks
51	51	and Wildlife Department and former Parks and Wildlife Commission to
52	52	each entity under Section 1.003.
53	53	(b) The memorandum of understanding must:
54	54	(1) identify in detail the applicable powers, duties,
55	55	and functions of each entity under this code and the specific
56	56	provisions of this code administered by each entity; and
57	57	(2) ensure that each power, duty, and function of the
58	58	former Parks and Wildlife Department and former Parks and Wildlife
59	59	Commission is assumed among the entities.
60	60	(c) The General Land Office, Department of Agriculture, and
61	61	Department of Public Safety may revise the memorandum of
62	62	understanding as necessary to administer each entity's powers,
63	63	duties, and functions under this code.
64	64	Sec. 1.005. REFERENCES IN LAW TO FORMER PARKS AND WILDLIFE
65	65	DEPARTMENT OR FORMER PARKS AND WILDLIFE COMMISSION. A reference in
66	66	any law to the Parks and Wildlife Department or the Parks and
67	67	Wildlife Commission means the appropriate entity transferred
68	68	regulatory authority under Section 1.003 and in accordance with the
69	69	memorandum of understanding entered into under Section 1.004.
70	70	SECTION 3. Sections 11.002, 11.011, 11.0111, 11.012,
71	71	11.0121, 11.0122, 11.0123, 11.0124, 11.0125, 11.0126, 11.013,
72	72	11.014, 11.015, 11.0151, 11.016, 11.0161, 11.0162, 11.0163,
73	73	11.0164, 11.0165, 11.017, 11.018, 11.0182, 11.0183, 11.021,
74	74	11.022, 11.023, and 11.024, Parks and Wildlife Code, are repealed.
75	75	SECTION 4. (a) Effective September 1, 2027:
76	76	(1) the powers, duties, and functions of the Parks and
77	77	Wildlife Department and Parks and Wildlife Commission are
78	78	transferred to the General Land Office, Department of Agriculture,
79	79	and Department of Public Safety and their applicable commissioner
80	80	or governing body in accordance with this Act;
81	81	(2) all rules of the Parks and Wildlife Commission are
82	82	continued in effect as rules of the appropriate entity described by
83	83	Subdivision (1) of this subsection in accordance with this Act
84	84	until superseded by a rule of the entity;
85	85	(3) a form, policy, procedure, or decision of the
86	86	Parks and Wildlife Department or Parks and Wildlife Commission is
87	87	continued in effect as a form, policy, procedure, or decision of the
88	88	appropriate entity described by Subdivision (1) of this subsection
89	89	in accordance with this Act until superseded by a rule of the
90	90	entity;
91	91	(4) an employee of the Parks and Wildlife Department
92	92	or Parks and Wildlife Commission becomes an employee of the
93	93	appropriate entity described by Subdivision (1) of this subsection
94	94	in accordance with this Act;
95	95	(5) all money, contracts, rights, property, and
96	96	records of the Parks and Wildlife Department and Parks and Wildlife
97	97	Commission are transferred to the appropriate entity described by
98	98	Subdivision (1) of this subsection in accordance with this Act; and
99	99	(6) the unobligated and unexpended balance of any
100	100	appropriations made to the Parks and Wildlife Department and Parks
101	101	and Wildlife Commission is transferred to the appropriate entity
102	102	described by Subdivision (1) of this subsection in accordance with
103	103	this Act.
104	104	(b) A license, permit, or other authorization issued by the
105	105	Parks and Wildlife Department is continued in effect as provided by
106	106	the law in effect immediately before the effective date of this Act.
107	107	A complaint, investigation, or other proceeding relating to a
108	108	license, permit, or other authorization issued by the Parks and
109	109	Wildlife Department that is pending on the effective date of this
110	110	Act is continued without change in status after the effective date
111	111	of this Act. An activity conducted by the Parks and Wildlife
112	112	Department relating to a license, permit, or other authorization
113	113	issued by the Parks and Wildlife Department is considered to be an
114	114	activity conducted by the appropriate entity described by
115	115	Subsection (a)(1) of this section in accordance with this Act.
116	116	(c) The Parks and Wildlife Department and Parks and Wildlife
117	117	Commission shall continue, as necessary, to perform the duties and
118	118	functions being transferred to the appropriate entity described by
119	119	Subsection (a)(1) of this section in accordance with this Act until
120	120	the transfer of agency powers, duties, and functions is complete.
121	121	(d) The Parks and Wildlife Department and Parks and Wildlife
122	122	Commission and the General Land Office, Department of Agriculture,
123	123	and Department of Public Safety shall enter into a memorandum of
124	124	understanding as necessary to effect the transfer of powers,
125	125	duties, and functions under this Act.
126	126	SECTION 5. The Texas Legislative Council shall prepare for
127	127	consideration by the 90th Legislature a nonsubstantive revision of
128	128	the Texas codes and revised statutes that:
129	129	(1) changes each reference to the "Parks and Wildlife
130	130	Department" and "Parks and Wildlife Commission" to the appropriate
131	131	entity described by Section 4(a)(1) of this Act; and
132	132	(2) makes other nonsubstantive revisions as necessary
133	133	to conform to the changes in law made by this Act.
134	134	SECTION 6. This Act takes effect September 1, 2025.