HBA-NIK S.B. 874 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 874
By: Brown
State Recreational Resources
4/19/1999
Engrossed



BACKGROUND AND PURPOSE 

Current law provides the Texas Parks and Wildlife Department (department)
with limited specific authority to contract with federal agencies, and no
general authority to contract with other state governments, local
governments, local Texas governments, or nonprofit organization to
accomplish the department's duties and responsibilities.  S.B. 874 provides
the department general power to enter contracts with those entities for
certain professional services, and requires the Parks and Wildlife
Commission, by rule, to adopt policies and procedures to govern the
department contracting. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Parks and Wildlife Commission in
SECTION 1 (Section 11.0171, Parks and Wildlife Code), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 11, Parks and Wildlife Code, by
adding Section 11.0171, as follows: 

Sec. 11.0171.  AUTHORITY TO CONTRACT.  Authorizes the executive director of
the Texas Parks and Wildlife Department (department), or the executive
director's designee, subject to Section 12.0251, Parks and Wildlife Code
(Disclosure of Information Collected During Technical Guidance to Private
Landowner), to negotiate, contract, or enter an agreement with the United
States or any of its agencies, another state or its political subdivision,
or a political subdivision of this state, or a nonprofit organization for
research and fieldwork, or for professional services relating to a project
of the department, consistent with Subchapter A, Chapter 2254, Government
Code (Professional and Consulting Services).  
(b)  Requires the Parks and Wildlife Commission, by rule, to adopt policies
and procedures consistent with applicable state procurement practices for
soliciting and awarding contracts under this section. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.