KDB C.S.S.B. 305 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 305 By: Harris State Recreational Resources 5/4/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The Texas Parks and Wildlife Department (department) was created in 1963 by merging the Game and Fish Commission with the State Parks Board. The department has two primary missions: to manage and protect the state's natural and cultural resources and to provide outdoor recreation opportunities for Texans. The department is subject to the Texas Sunset Act and will be abolished on September 1, 2001, unless continued by the legislature. As a result of its review of the department, the Sunset Advisory Commission recommends the continuation of the department and the modification of several statutes . C.S.S.B. 305 provides for the continuation of the department and for the recommended modifications. 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 14 (Section 11.0161, Parks and Wildlife Code), SECTION 15 (Section 11.0172, Parks and Wildlife Code), SECTION 17 (Section 11.0182, Parks and Wildlife Code), and SECTION 26 (Sections 11.202, 11.203, and 11.205, Parks and Wildlife Code) of this bill. ANALYSIS C.S.S.B. 305 amends the Parks and Wildlife Code to provide for the continuation of the Parks and Wildlife Department (department) until September 1, 2013 (Sec. 11.0111). The bill sets forth standard Sunset Advisory Commission recommendations regarding policy implementation, public representation on the Parks and Wildlife Commission (commission), conflicts of interest, equal employment, member removal, member training, designation of a presiding officer of the commission by the governor, maintenance of written complaints, standards of conduct, the state employee incentive program, and development of an equal employment policy. The bill authorizes the commission to adopt rules to define the types of complaints to which provisions relating to complaints and notification of commission activities apply (Secs. 11.002, 11.0121-11.0127, 11.014, 11.0161, 11.021, and 11.022). The bill requires the commission, or any committee of the commission with at least five commission members serving on the committee, to provide an opportunity for public testimony in an open meeting before making a major decision (Sec. 11.0151). The bill requires the governor, in making appointments to the commission, to attempt to include persons with expertise in diverse fields (Sec. 11.012). The bill prohibits the department from contracting with a person regarding a publication unless the contract provides the department with the authority to terminate the contract, to retain final approval over the content of the publication, including advertising, and to request and receive an appropriate number of copies of the publication that contain advertising that is appropriate for viewing by youth. The bill requires the commission to adopt rules regarding the types of advertising that are appropriate for viewing by youth. The bill requires the department, not later than March 1, 2002, to modify or negotiate a modification to a contract (Sec. 11.0172 and SECTION 47). The bill requires the department to manage outreach and education activities to ensure that the activities are consistent with the department's mission and goals, do not duplicate other efforts by the department or other entities, provide a cost-effective method for reaching participants, and can be effectively measured (Sec. 11.0181). The bill requires the commission by rule to adopt policies to govern fundraising activities by department employees on behalf of the department and sets forth provisions regarding the content of the rules. The bill requires the executive director of the department to approve and manage such fundraising activities (Sec. 11.0182). The bill requires the department to calculate the costs of each department construction project as the project is completed and consider both direct and indirect costs of department employees who perform project tasks. The bill authorizes the department to use the cost accounting procedures and instructions developed by the State Council on Competitive Government (council). The bill requires the council, on request, to provide technical assistance to the department. The bill requires the department to evaluate the costs and benefits of contracting with private entities or individuals to manage proposed construction related tasks or projects (Sec. 11.0255). The bill prohibits the department from accepting a gift or other donation from a person who holds a commercial license issued by the department (Sec. 11.026). The bill authorizes a department employee to accept reimbursement for travel expenses from the nonprofit partner selected by the department if the employee has sufficiently documented the expense and the expense arose out of the performance of an activity related to an employee's official duties regarding the partner (Sec. 11.0261). The bill requires the department, in administering the state aquatic vegetation management plan, to consult with, advise, provide resources to, and otherwise assist local governments regarding aquatic vegetation management and control (Sec. 11.082). The bill requires the department to adopt a land and water resources conservation plan to manage Texas' public resources by inventorying all historical, natural, recreational, and wildlife resources owned by governmental agencies and nonprofit entities that offer public access. The bill specifies that the department use the inventory to develop a land and water resources conservation and recreation plan (conservation and recreation plan) to guide the department in making decisions and to prepare the initial conservation and recreation plan no later than October 15, 2002. The bill sets a moratorium on most acquisitions until the commission approves the conservation and recreation plan (Secs. 11.101-11.105 and SECTIONS 46 and 49). The bill sets forth exceptions for the conservation and recreation plan and coordination of conservation and recreation operations (Sec. 11.106). The bill requires the department to improve its internal oversight of commercial ventures by developing a business plan and sets forth provisions relating to the department's statewide commercial projects (Secs. 11.151-11.156). The bill sets forth provisions relating to nonprofit partnerships with the department (Secs. 11.201-11.208). The bill provides that the department must obtain commission approval for each selected nonprofit partner. The bill requires the commission by rule to establish best practices with which nonprofit partners are to comply (Sec. 11.202). The bill requires the commission by rule to require a nonprofit partner to comply with specified state standards and safeguards for accounting for state assets held by the nonprofit partner (Sec. 11.203). The bill requires the commission by rule to establish guidelines under which the official nonprofit partner is authorized to solicit and accept sponsorships from private entities, and to establish best practices under which the partner is authorized to engage in activities (Sec. 11.205). The bill requires the department, in setting priorities for the provision of money to a landowner, to consider the inventory of land and water resources conservation plan and the priorities for department activities related to resources according to the most vital existing and future needs for conservation and recreation (Sec. 12.025). The bill prohibits the commission from classifying a historical site as a historical park (Sec. 13.001). The bill requires the department, before formulating a plan for the preservation and development of a historical site, to conduct an archeological survey of the site. The bill requires the department, in formulating plans, to consider the results from the archeological survey for the site if the plan is for a specific site, to consider the resources necessary to manage a site, and to meet with and consider comments made by the Texas Historical Commission (historical commission). The bill requires the department and the historical commission to form a joint panel to establish criteria for determining whether a site is of statewide significance and to promote the continuity of a historic sites program (Sec. 13.005). The bill requires the department to meet regularly with the historical commission and to prepare reports periodically regarding plans to preserve and develop historical sites in this state (Secs. 13.0051 and 13.0052). The bill prohibits the department from referring to a historical site as a "historical park" in a department publication or on a department marker or sign (Sec. 13.0053). The bill amends provisions regulating oyster beds to prohibit the department from issuing a certificate of location for a location that includes more than 100 acres of land covered by water. The bill prohibits a person from owning, leasing, or controlling more than 300, rather than 100, acres of land covered by water under certificates of location. The bill deletes the provision that no rental fee is owed on any location when oysters are not sold or marketed from the location for a period of five years after the date of the establishment of the location. The bill requires the holder of a certificate of location to pay to the department $6, rather than $3, per acre of location per year. The bill requires the holder of a certificate to pay the department a late penalty fee equal to 10 percent of the amount due for any rental, transfer, sale, or renewal fee that is not paid when due. The failure to pay any rental, transfer, sale, renewal, or late penalty fee within 90 days of the due date terminates the lease (Sec. 76.017). The bill sets forth provisions relating to location rental term, renewal, auction, sale, and transfer of an oyster bed (Secs. 76.018 and 76.019). The bill provides that marks or fences may no longer mark the boundaries of the areas designated in the permit from which the holder of a permit is authorized to take or from which the holder is authorized to deposit oysters (Sec. 76.036 and SECTION 44). The bill sets forth provisions relating to the study of the shrimp industry and resources and requires the department to report its findings to the legislature and commission not later than September 1, 2002 (Sec. 77.005 and SECTION 48). The bill provides that a requirement under state law that a law enforcement agency adopt a policy that requires the collection and reporting of information relating to persons detained during traffic and pedestrian stops does not apply to the department or an employee of the department (Sec. 11.003). The bill requires the department to report, not later than September 1, 2002, a study on the department's outreach and education activities to the commission, the House Appropriations Committee, the House State Recreational Resources Committee, the Senate Finance Committee, and the Senate Natural Resources Committee (SECTION 45). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 305 modifies the original bill by requiring the Texas Department on Parks and Wildlife (department), in administering the state aquatic vegetation management plan, to consult with, advise, provide resources to, and otherwise assist local governments regarding aquatic vegetation management and control (Sec. 11.082). The substitute removes provisions that prohibit the department from accepting an alcohol or tobacco advertisement that promotes the sale of alcohol or tobacco. For the purposes of the provisions relating to gifts of property or money, the substitute provides that a hunting lease license is not a commercial license (Sec. 11.026). The substitute requires the department to use existing inventory information concerning the public resources inventory whenever possible and provides that the inclusion of specific parcels of land in the inventory shall not constitute any additional right of public access (Sec. 11.103 and 11.104). The substitute sets forth exceptions from the conservation and recreation plan and coordination of conservation and recreation operations (Sec. 11.106). The substitute sets forth provisions regarding public and private oyster beds (Secs. 76.007, 76.01776.019, 76.036, Parks and Wildlife Code, and SECTION 44). The substitute sets forth provisions relating to the applicability of certain state law requirements (Sec. 11.003).