The Texas Parks and Wildlife Department proposes the repeal of §§61.132 - 61.139 and new §§61.132 - 61.135, concerning Guidelines for Administration of the Local Parks, Recreation, and Open Space Fund Program.

The repeals and new sections are necessary to implement the provisions of House Bill 2108, enacted by the 76th Texas Legislature, 1999, which increased the scope of the program and therefore requires changes to both the Texas Recreation and Parks Account Grant Manual (which is adopted by reference) and the scoring criteria used to evaluate candidate projects for possible funding. The repeals and new sections will function by: adopting by reference the Texas Recreation and Parks Account Grant Manual, which provides communities with a comprehensive explanation of the program and instructions and requirements for participation; and by establishing the purpose, priorities, standards, and scoring systems for grant awards for outdoor, indoor, and outreach projects submitted by communities.

Tim Hogsett, program director, has determined that for each of the first five years that the proposed rules are in effect, there will be no additional fiscal implications to state or local governments as a result of enforcing or administering the proposed rules.

Mr. Hogsett also has determined that for each of the first five years the rules as proposed are in effect:, the public benefit anticipated as a result of enforcing the rules as proposed will be the department's discharge of its statutory obligation to operate a grants program to provide the local communities of this state with financial assistance for the acquisition and development of parks, recreation areas, open space areas, and outreach activities for the enjoyment of the citizenry.

There will be no effect on small businesses. There are no additional economic costs to persons required to comply with the rules as proposed.

The department has not filed a local impact statement with the Texas Workforce Commission as required by Government Code, §2001.022, as this agency has determined that the rules as proposed will not impact local economies.

The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

Comments on the proposed rules may be submitted to Tim Hogsett, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 912-7115 or 1-800-792-1112.

Subchapter E. GUIDELINES FOR ADMINISTRATION OF TEXAS LOCAL PARKS, RECREATION, AND OPEN SPACE FUND PROGRAM

31 TAC §§61.132 - 61.139

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Parks and Wildlife Department or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under Parks and Wildlife Code, Chapter 24, which requires the department to adopt regulations for grant assistance.

The repeals affect Parks and Wildlife Code, Chapter 24.

§61.132. Texas Recreation and Parks Account Grants Manual.

§61.133. Purpose.

§61.134. Program Priorities.

§61.135.Local Master Plan Standard Requirements.

§61.136. Project Priority Scoring System - Policy.

§61.137. Project Priority Scoring System - Criteria.

§61.138. Indoor Project Priority Scoring System - General Rules.

§61.139. Indoor Project Priority Scoring System - Criteria.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on February 18, 2000.

TRD-200001249

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Earliest possible date of adoption: April 2, 2000

For further information, please call: (512) 389-4775

31 TAC §§61.132 - 61.135

The new sections are proposed under Parks and Wildlife Code, Chapter 24, which requires the department to adopt regulations for grant assistance.

The new sections affect Parks and Wildlife Code, Chapter 24.

§61.132. Texas Recreation and Parks Account Grants Manual.

(a)

The Texas Recreation and Parks Account (TRPA) Grants Manual contains the standards and requirements for the application, evaluation and award of all grants made under this subchapter.

(b)

The Texas Recreation and Parks Account (TRPA) Grants Manual is adopted by reference and can be obtained by contacting Texas Parks and Wildlife at 4200 Smith School Rd., Austin, 78744; 1-800-792-1112; http://www.tpwd.state.tx.us.

§61.133. Grants for Outdoor Recreation Programs.

(a)

Program purpose and priorities. All grant applications submitted to the department for outdoor recreation programs are evaluated for program eligibility and prioritized according to the Project Priority Scoring System set forth in this section. Scored applications are presented to the Texas Parks and Wildlife Commission for approval. In general, recommended priorities for outdoor recreation projects are:

(1)

to ensure sponsor performance on active grants and compliance at previously assisted grant sites;

(2)

to recognize and reward local planning;

(3)

to increase recreational diversity;

(4)

to increase water-related park and recreation opportunities;

(5)

to improve geographic distribution of park and recreation opportunities;

(6)

to maximize the use of funds for basic park and recreation opportunities;

(7)

to improve park and recreation opportunities for low income, minority, elderly and youth-at-risk citizens;

(8)

to reward cooperative efforts between park and recreation providers and other governmental and/or educational entities;

(9)

to reward partnerships between local sponsors and the private sector;

(10)

to preserve significant natural resources through public land acquisition and stewardship;

(11)

to renovate existing, obsolete park and recreation areas and facilities;

(12)

to promote wise use of natural resources;

(13)

to provide linear greenbelt linkages to parks, neighborhoods, or public facilities; and

(14)

to encourage the appreciation and preservation of cultural resources.

(b)

Local master plan standard requirements. Minimum master plan standards must be met to qualify for priority points. Local sponsors may submit applications without having a department-approved master plan; however, only those proposals that address priority needs identified in approved plans will receive priority points under the provisions of subsection (c)(7) of this section. Master plans must have been received in an approvable format at least 60 days prior to the application submission deadline at which time credit is sought. The following are minimum master plan standards:

(1)

Proof of adoption. The plan must be formally endorsed by the applicable governing body of the sponsor, and the endorsement must be included with the document.

(2)

Jurisdiction-wide scope. The plan must be comprehensive and assess the entire jurisdiction area of the project sponsor. County plans must cover the entire county, and city or district plans must cover the entire city or district. For large urban areas, the plan should cover the entire jurisdiction, and then may break the jurisdiction down into regions, sectors, precincts, districts, etc., as appropriate.

(3)

Plan duration. The plan must specifically identify the time period within which the goals and objectives of the plan are to be carried out. Plans should cover a minimum five-year period. If a plan is more than two years old, a brief summary of plan accomplishments to date must be provided to enable the department to recognize and credit program progress. Any revision of priorities other than an update of accomplishments must present a new priority listing justified by additional public input. Plans older than 5 years will be considered obsolete and new plans will be required.

(4)

Plan content. The following information should be included in the document:

(A)

introduction;

(B)

goals and objectives;

(C)

plan development process (discuss when the planning process began, plan phases, public input received, survey/studies conducted, committees and/or personnel involved, etc.);

(D)

area/facility concepts and standards, including:

(i)

population/area service and acreage goals;

(ii)

"typical" park and facility standards; and

(iii)

applicable local codes, ordinances, and other requirements for community or neighborhood development.

(E)

inventory of existing park, recreation and open space areas and facilities (including schools).

(F)

needs assessment and identification. Information under this subparagraph shall be area- and facility-specific, and may include basic support facilities/infrastructure which are critical to the recreational experience. A discussion and identification of open space needs in the master plan, or a separate open space plan, shall be included.

(G)

prioritization of needs. Applicant shall include:

(i)

a single priority list in which all outdoor and indoor needs are ranked; and

(ii)

plan implementation recommendations, including a timeline and discussion of resources for meeting priorities (must identify and prioritize which needs are to be met, where and when).

(H)

illustrations, maps, charts, surveys, etc.

(c)

Outdoor recreation project priority scoring system.

(1)

Outdoor recreation projects presented to the commission shall be scored according to the criteria, rating factors, and point values set forth in this subsection.

(2)

The priority ranking of a project will depend on its score in relation to the scores of other projects under consideration.

(3)

Funding of projects will depend on the availability of TRPA funds.

(4)

Projects which have not been approved after two considerations by the commission, without alterations to significantly raise the project score, shall be returned to the sponsor and not accepted for resubmission.

(5)

Each site of a multiple-site project shall be scored individually. Individual site scores will be weighted on a pro-rata share of the total budget for the entire project. All weighted scores will be added together for the total project score.

(6)

If the sponsor is in full compliance at previously assisted grant project sites and is progressing on schedule with all active grant projects in accordance with the provisions of this subchapter, the application will be scored and presented for award consideration. If the sponsor does not meet the requirements of this paragraph, the application will not be scored or considered further.

(7)

A project proposal meeting the requirements of paragraph (6) of this subsection shall be evaluated according to:

(A)

the extent that the project will satisfy the priority recreation needs (PRN) identified in the master plan required by subsection (c)(7)(A) of this section. Consideration of "need" for this criterion includes basic support facilities/infrastructure critical to the park and recreation experience. Eligible support facilities/infrastructure are limited to restrooms, roads and parking, area lighting (to ensure public safety), utilities essential to eligible support facilities, irrigation, and land acquisition. Scoring shall be as follows, up to a total of 20 points.

(i)

for satisfying PRN 1 only: 10 points.

(ii)

for satisfying PRN in the order listed in the master plan:

(I)

PRN 1 and 2: 15 points;

(II)

PRN 1 through 3: 16 points;

(III)

PRN 1 through 4: 17 points;

(IV)

PRN 1 through 5: 18 points;

(V)

PRN 1 through 6: 19 points; or

(VI)

PRN 1 through 7: 20 points.

(iii)

for satisfying PRN 1 and 2, but satisfying remaining PRN in other than the order listed in the master plan, 1 point will be awarded for three satisfied PRN lower than any unsatisfied PRN, up to the maximum point total allowed.

(iv)

for satisfying PRN 2 only: 5 points.

(v)

for satisfying PRN 2, but satisfying remaining PRN lower than 2 in other than the order listed in the master plan, 1 point will be awarded for three satisfied PRN up to the maximum point total allowed.

(vi)

for satisfying PRN 3 only: 1 point.

(vii)

for satisfying PRN 3, but satisfying remaining PRN lower than 3 in other than the order listed in the master plan, 1 point will be awarded for three satisfied PRN up to the maximum point total allowed.

(B)

the extent to which the project will provide diversity of park and recreation opportunities/facilities. Priority points for this criterion shall be awarded based on the number of park and recreation opportunities/facilities provided within the intended service area. One point will be awarded for each type of facility, up to a total of 10 points.

(C)

the extent to which the project will provide improved natural water-based park and recreation opportunities, up to a total of 11 points.

(i)

project provides direct and complementary park and recreation or conservation opportunities which do not degrade the resource along quality water bodies, for no more than one of the following:

(I)

coast, lake, or reservoir: 6 points;

(II)

bay or estuary: 5 points;

(III)

river: 4 points;

(IV)

stream (continuous flow): 3 points;

(V)

pond: 2 points; or

(VI)

wetland: 1 - 5 points, dependent upon size and quality.

(ii)

project proposes the acquisition of land that would provide needed public access to park and recreational waters, for no more than one of the following:

(I)

coast, lake, or reservoir: 5 points;

(II)

bay or estuary: 4 points;

(III)

river: 3 points;

(IV)

stream (continuous flow): 2 points; or

(V)

pond: 1 point.

(D)

the extent to which the project will improve the geographic distribution of park and recreation lands and facilities in the project's service area or within the sponsor's jurisdiction, up to a total of 25 points.

(i)

project provides the first public recreation opportunity in the sponsor's jurisdiction or intended service area: 25 points; or

(ii)

project provides the first public park or significantly new and different park and recreation opportunity (other than school facilities) in the sponsor's jurisdiction or intended service area: 15-20 points. Points for this item shall be awarded based on the percentage of construction budget (minimum of 20%), significance to the community, and originality, as follows: new and different facility costs, divided by total construction costs, multiplied by 6.

(E)

the extent to which the project maximizes the use of development funds for facilities which provide direct park and recreation opportunities, up to a total of 25 points, determined by dividing the direct recreational facilities costs by the total construction costs and multiplying the result by 25. "Total Facilities Costs" includes park/recreation and support/infrastructure facilities, contingency, and all required program signage costs in excess of $1,000.

(F)

the extent to which the project improves park and recreation opportunities for low income, minority, elderly or youth-at-risk citizens, up to a total of 16 points.

(i)

project improves opportunities for low-income citizens in areas where such action is needed: determined by multiplying the percentage of population qualifying as low income by 4. Maximum of 4 points.

(ii)

project improves opportunities for minority citizens in areas where such action is needed: determined by multiplying the percentage of population qualifying as minority by 4. Maximum of 4 points.

(iii)

project improves opportunities for the elderly in areas where such action is needed: 1 point for each facility, typically passive activities, except where facilities are designed specifically for an elderly user group). Maximum of 4 points.

(iv)

project provides opportunities for youth-at-risk where such action is needed: 1 point for each program offered for youth-at-risk. Sponsor must describe/define the youth-at-risk population and demonstrate how facilities proposed in the application will be specifically programmed. Maximum of 4 points.

(G)

the extent to which the project involves cooperation between the sponsor and other governmental or educational institutions to provide park and recreation opportunities at the project site(s). Maximum of 25 points.

(i)

project involves the contribution of resources from other governmental or educational institutions, which serves as all or part of the sponsor's matching share of funds. Up to 15 points may be awarded for this item. Points shall be awarded on a percentage basis, dependent on the amount of matching funds provided by the other governmental/educational institution, determined by dividing the total contribution value by the total match and multiplying the result by 15.

(ii)

project area is owned by another governmental or educational institution and will be permanently dedicated for public park and recreation use through a land donation, permanent non-revocable lease, or permanent park and recreation or conservation easement: 5 points.

(iii)

project involves cooperation between the sponsor and other governmental or educational institutions and resources are contributed to the overall project for non-grant assisted facilities (example: a county constructs roads/parking facilities for a city, but no grant funds are requested for roads/parking): 1 point per activity, to a maximum of 5 points.

(H)

the extent to which the project involves donations of land, cash, labor, equipment and/or materials from the private sector as part or all of the sponsor's matching share of the project. Priority points shall be awarded on a percentage basis, dependent on the amount of matching share funds to be received through donations. Maximum of 15 points.

(i)

project provides private land and/or cash donations from the private sector as part or all of the sponsor's matching share of the project, determined by dividing the contribution value by the total match and multiplying the result by 15. Maximum of 15 points.

(ii)

project provides donated labor, equipment and/or materials from the private sector as part or all of the sponsor's matching share of the project, determined by dividing the contribution value by the total match and multiplying the result by 10. Maximum of 10 points.

(I)

the extent to which the project provides for the acquisition and preservation/conservation of park and recreation lands which consist of unique or significant natural resources, provide needed open space, or provide needed parkland for future development. Total point range: 10-40 points for not more than one of the following:

(i)

project provides for the acquisition and preservation/conservation of a federal, state, regional, or local government identified natural area which is recognized in an acceptable, published planning document for having valuable or vulnerable natural resources, ecological processes, or rare, threatened, or endangered species of vegetation or wildlife: 40 points;

(ii)

project provides for the acquisition and preservation/conservation of a significant wetland area, recognized by TPW, which is usable for recreation, and meets at least one "threshold criteria" as defined in the National Wetlands Priority Conservation Plan (based on significance of acreage and quality): 30-35 points; or

(iii)

project provides for the acquisition and preservation/conservation of open space land or water for human use and enjoyment that:

(I)

is one acre or larger in size, relatively free of man-made structures, whose physical characteristics will support only minimal development (including creek corridors, floodways, and natural drainage basins, but not agricultural fields), and which is identified in an acceptable, published, and adopted local, jurisdiction-wide open space plan or master plan: 20-25 points, based on acreage and quality; or

(II)

provides significant native wildlife habitat, as substantiated by a TPW biologist: 20-25 points.

(iv)

project provides only for the acquisition of needed recreational land proposed for future development, or land which is located in a densely developed area within the sponsor's jurisdiction: 10 points. No points are awarded for this item if development is proposed.

(J)

project provides for the renovation of an existing obsolete park and recreation area or facilities, determined by dividing the renovation cost by the total construction cost and multiplying the result by 5. Maximum of 5 points.

(K)

project promotes the conservation of natural resources by the use of activities or techniques such as xeriscape/native plant materials for landscaping, drip or treated effluent irrigation systems, renovation of obsolete lighting systems with more energy efficient systems, recycled materials for facility construction, environmental education and interpretation, significant tree plantings where no trees exist, or other resource conservation measures. 1 point is awarded for each conservation element proposed in the grant, up to a maximum of 5 points.

(L)

project provides greenbelt linkage (not to include streets or sidewalks) to other parks and recreation areas, neighborhoods, or public facilities, as follows, up to a maximum of 5 points for not more than one of the following.

(i)

park to park: 5 points;

(ii)

park to school: 4 points;

(iii)

park to neighborhood: 3 points; or

(iv)

park to public facility: 1 point.

(M)

project provides park and recreation opportunities that enhance and encourage appreciation and preservation of cultural (historical and archaeological) resources: maximum of 5 points. Points for this item are awarded based on the significance of the enhancement.

§61.134. Grants for Indoor Recreation Programs.

(a)

Program purpose and priorities. All grant applications submitted to the department for indoor recreation programs are evaluated for program eligibility and prioritized according to the Project Priority Scoring System set forth in this section. Scored applications are presented to the Texas Parks and Wildlife Commission for approval. The priority ranking of a project depends on its score in relation to the scores of other projects under consideration. Funding of projects will depend on the availability of TRPA funds. In general, recommended priorities for indoor recreation projects are:

(1)

to ensure sponsor performance on active grants and compliance at previously assisted grant sites;

(2)

to recognize and reward local planning;

(3)

to provide indoor recreational diversity;

(4)

to provide a better geographic distribution of indoor recreation facilities;

(5)

to provide indoor recreation facilities to greater numbers of citizens;

(6)

to improve recreation opportunities for youth-at-risk;

(7)

to reward cooperative efforts between project sponsors and other governmental or educational entities;

(8)

to reward partnerships between local government sponsors and the private sector;

(9)

to provide for the renovation of existing, obsolete indoor recreation facilities;

(10)

to improve indoor recreation opportunities for low income, minority and elderly citizens; and

(11)

to promote the conservation of natural resources and environmental values.

(b)

Local master plan standard requirements. Minimum master plan standards must be met to qualify for priority points. Local sponsors may submit applications without having a department- approved master plan; however, only those proposals that address priority needs identified in approved plans will receive priority points under the provisions of subsection (c) of this section. Master plans must have been received in an approvable format at least 60 days prior to the application submission deadline at which time credit is sought. The following are minimum master plan standards:

(1)

Proof of adoption. The plan must be formally endorsed by the applicable governing body of the sponsor, and the endorsement must be included with the document.

(2)

Jurisdiction-wide scope. The plan must be comprehensive and assess the entire jurisdiction area of the project sponsor. County plans must cover the entire county, and city or district plans must cover the entire city or district. For large urban areas, plans should cover the entire jurisdiction, and then break the jurisdiction down into regions, sectors, precincts, districts, etc., as appropriate.

(3)

Plan duration. Plans must specifically identify the time period within which the goals and objectives of the plan are to be carried out. The plan should cover a minimum five-year period. If a plan is more than two years old, a brief summary of plan accomplishments to date must be provided. Plans older than 5 years will be considered obsolete and new plans will be required.

(4)

Plan content. The following information should be included in the document:

(A)

introduction;

(B)

stated goals and objectives;

(C)

plan development process (discuss when the planning process began, plan phases, public input received, survey/studies conducted, committees and/or personnel involved, etc.);

(D)

area/facility concepts and standards, including:

(i)

population/area service and acreage goals;

(ii)

"typical" park and facility standards; and

(iii)

applicable local codes, ordinances, and other requirements for community or neighborhood development;

(E)

inventory of existing park, recreation and open space areas and facilities (including schools);

(F)

needs assessment and identification. Information under this subparagraph shall be area/facility specific, and may include basic support facilities/infrastructure which are critical to the recreational experience. A discussion and identification of open space needs in the master plan, or a separate open space plan, shall be included.

(G)

prioritization of needs. Applicant shall include:

(i)

a priority list in which all outdoor and indoor needs are ranked ; and

(ii)

plan implementation recommendations, including a timeline and discussion of resources for meeting priorities (must identify and prioritize which needs are to be met, where and when). Any revision of priorities other than an update of accomplishments must present a new priority listing justified by additional public input.

(H)

illustrations, maps, charts, surveys, etc.

(c)

Indoor recreation project priority scoring system. If the sponsor is in full compliance at previously assisted grant project sites and is progressing on schedule with all active grant projects in accordance with the provisions of this subchapter, an application will be scored and presented for award consideration. If the sponsor does not meet the requirements of this paragraph, the application will not be scored or considered further. A project proposal meeting the requirements of this paragraph shall be evaluated according to:

(1)

the extent to which the project will satisfy the priority indoor recreation needs (PIRN) identified in the master plan required by this section, up to a total of 20 points.

(A)

for satisfying PIRN 1 only: 10 points.

(B)

for satisfying PIRN in the order listed in the master plan:

(i)

PIRN 1 and 2: 15 points;

(ii)

PIRN 1 through 3: 16 points;

(iii)

PIRN 1 through 4: 17 points;

(iv)

PIRN 1 through 5: 18 points;

(v)

PIRN 1 through 6: 19 points; or

(vi)

PIRN 1 through 7: 20 points.

(C)

for satisfying PIRN 1 and 2, but satisfying remaining PIRN in other than the order listed in the master plan, 1 point will be awarded for three satisfied PIRN lower than any unsatisfied PIRN, up to the maximum point total allowed.

(D)

for satisfying PIRN 2 only: 5 points.

(E)

for satisfying PIRN 2, but satisfying remaining PIRN lower than 2 in other than the order listed in the master plan, 1 point will be awarded for three satisfied PIRN up to the maximum point total allowed.

(F)

for satisfying PIRN 3 only: 1 point.

(G)

for satisfying PIRN 3, but satisfying remaining PIRN lower than 3 in other than the order listed in the master plan, 1 point will be awarded for three satisfied PIRN up to the maximum point total allowed.

(2)

the extent to which the project will provide diversity of public indoor recreation facilities. Points shall be awarded based on the number of indoor recreation facilities provided. Five points will be awarded for each type of facility, up to a maximum of 30 points. Points may be deducted for projects which propose support facilities which do not support recreational activities.

(3)

the extent to which the project provides facilities that enhance outdoor education or conservation (such as nature centers or facilities for environmental education programs or exhibits): 1-5 points.

(4)

the extent to which the project will improve geographic distribution of public indoor recreation facilities. Maximum of 20 points.

(A)

project provides the first public indoor recreation facility in the sponsor's jurisdiction or intended service area: 20 points; or

(B)

project provides new and different public indoor recreation facilities (other than school facilities) in the sponsor's jurisdiction or intended service area, determined by dividing new and different facility costs by the total construction costs, multiplied by 11. Maximum point total: 15 points.

(5)

the extent to which the project provides public indoor recreation opportunities to significant segments of the population within the sponsor's jurisdiction area, determined by dividing the estimated number of individuals to be served by the total population of the sponsor's jurisdiction area, and multiplying the result by five. Maximum of 5 points.

(6)

the extent to which the project provides improved recreation opportunities for at-risk youth, where a demonstrated need for such action exists. Points are awarded for projects that demonstrate and define the existence of at-risk youth within the intended service area, and which propose specific grant-assisted facilities for at-risk youth. One point shall be awarded for each proposed activity, up to a total of 10 points.

(7)

the extent to which the project involves cooperation between the sponsor and other governmental or educational institutions to provide public indoor recreation facilities at the project site. Maximum of 15 points.

(A)

project involves the contribution of resources (other than land) from other governmental or educational institutions which serves as all or part of the sponsor's matching share of funds. Up to 10 points may be awarded for this item. Points shall be awarded on a percentage basis, dependent on the amount of matching funds provided by the other governmental/educational institution, determined by dividing the total contribution value by the total match and multiplying the result by 10.

(B)

project area is owned by another governmental or educational institution and will be permanently dedicated for public park and recreation use through a land donation, or permanent non-revocable lease or easement: 5 points.

(8)

(A)

(B)

project provides donated labor, equipment and/or materials from the private sector as part or all of the sponsor's matching share of the project, determined by dividing the value of the donations by the total match and multiplying the result by five. Maximum of 5 points.

(9)

the extent to which the project provides for the renovation of an existing obsolete public indoor recreation facility, determined by dividing the renovation cost by the total construction cost and multiplying the result by 10. Maximum of 10 points.

(10)

the extent to which the project improves public indoor recreation opportunities for low income, minority, or elderly citizens, up to a total of 6 points.

(A)

project improves opportunities for low income citizens in areas where such action is needed: determined by multiplying the percentage of population qualifying as low income by 2. Maximum of 2 points.

(B)

project improves opportunities for minority citizens in areas where such action is needed: determined by multiplying the percentage of population qualifying as minority by 2. Maximum of 2 points.

(C)

project improves opportunities for the elderly in areas where such action is needed. Points for this item shall be awarded on the basis of recreational facility type and service. Maximum of 2 points.

(11)

The extent to which the project promotes the conservation of natural resources and environmental values. Projects that propose energy efficient design, construction techniques, or materials will receive points for this criteria. Maximum of 5 points.

§61.135. Grants for Community Outdoor Outreach Programs.

(a)

Program purpose and priorities. All grant applications submitted to the department for community outdoor outreach programs are evaluated for program eligibility and prioritized according to the Project Priority Scoring System set forth in this section. In general, recommended priorities for community outdoor outreach projects are:

(1)

to ensure sponsor performance on active grants and compliance on previous grants;

(2)

to improve community outdoor outreach opportunities for inner-city, rural, low-income, minority, female, physically/mentally challenged, and youth-at-risk citizens;

(3)

to reward partnerships between local sponsors and other organized groups;

(4)

to increase the number of participants served;

(5)

to maximize the use of funds for direct community outdoor outreach opportunities;

(6)

to reward commitment of sponsor resources;

(7)

to increase use of TPW programs and facilities; and

(8)

to reward promotion of outdoor educational activities.

(b)

Project Priority Scoring System.

(1)

Proposed project's primary constituency. Maximum of 14 points.

(A)

inner city (city must have population of 100,000 or greater): 2 points;

(B)

rural (cities less than 17,500 population or counties with a population of less than 28,000): 2 points;

(C)

minority (minorities within served population greater than or equal to 50% of total served population): 2 points;

(D)

female (females within served population greater than or equal to 50% of total served population): 2 points;

(E)

low-income (served families with annual combined family income less than $19,500 greater than or equal to 50% of total served population): 2 points;

(F)

physically/mentally challenged (includes ADD, ADHD): 2 points;

(G)

youth (age 17 and under) : 2 points.

(2)

Proposed project encourages partnerships with organized groups. Application must include written and signed agreements between the project sponsor and the proposed partnership group. Letters of endorsement by themselves will not receive credit. One point shall be awarded for each partnership agreement that commits cash contributions, volunteer labor, program materials, physical facilities use, transportation, food, etc. Maximum of 4 points.

(3)

Number of program participants the proposed project will serve. One point awarded per 25 persons served, up to a maximum of 10 points.

(4)

The extent to which the proposed project prioritizes direct service costs. Points shall be awarded on a percentage basis, determined by dividing the direct service delivery costs by the total project cost and multiplying the result by 10. Maximum of 10 points.

(5)

The extent to which the sponsor's funds and resources are committed to the project. Points shall be awarded on a percentage basis, determined by dividing the local/sponsor funds by the total project cost and multiplying the result by 4. Maximum of 4 points.

(6)

The extent of the proposed project's direct relationship with TPW programs and/or facilities. Maximum of 5 points. One point shall be awarded per:

(A)

TPW facility used;

(B)

instance of TPW personnel involved;

(C )

instance of TPW instructional materials used; or

(D)

instance of TPW program provided. Maximum of 5 points.

(7)

Project specifically serves at-risk youth. A definition of at-risk youth must be included, as well as a description of each activity designed to serve at-risk youth. One point shall be awarded for each activity serving at-risk youth as defined in the project. Maximum of 3 points.

(8)

Project proposes activities related to TPW initiatives. One point shall be awarded for each proposed activity related to a TPW initiative (e.g., fishing, camping, hunting, environmental education, or other outdoor activity) Demonstrated participation in the TPW Outdoor Kids Program automatically receives the full point total. Maximum of 5 points.

(9)

Project promotes outdoor educational activities. Each educational element must be demonstrated by a discussion of the curriculum to be employed. Maximum of 4 points. Points will be awarded according to the curriculum's potential to increase participants' :

(A)

awareness;

(B)

knowledge, skills, and abilities;

(C)

critical thinking; and

(D)

behavioral change.

Filed with the Office of the Secretary of State, on February 18, 2000.

TRD-200001250

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Earliest possible date of adoption: April 2, 2000

For further information, please call: (512) 389-4775

Chapter 65. WILDLIFE

Subchapter A. STATEWIDE HUNTING AND FISHING PROCLAMATION

The Texas Parks and Wildlife Department proposes the repeal of §65.25, amendments to §§65.11, 65.26, 65.42, 65.64, 65.72, and 65.78, and new §65.25, concerning the Statewide Hunting and Fishing Proclamation.

The amendment to §65.11, concerning Lawful Means, allows the use of lawful archery equipment and crossbows during open spring Eastern turkey seasons.

New §65.25, concerning Wildlife Management Plan, requires wildlife management plans to include recommendations for management practices.

The amendment to §65.26, concerning Managed Lands Deer Permits, creates an intermediate permit and clarifies that tagging requirements apply only to deer affected by the landowner's wildlife management plan.

The amendment to §65.42, concerning Deer: implements four 'doe days' in Cass, Marion, and Harrison counties; implements 'doe days' through the Sunday following Thanksgiving and increases the buck limit in San Jacinto, Trinity, and Walker counties; rewords regulatory language governing antlerless harvest in counties currently having 23-day 'doe days' to permit either-sex harvest through the Sunday following Thanksgiving; eliminates a special provision in Henderson County; increases the bag limit and creates a special late season in certain Hill Country counties; opens a muzzleloader-only open season in 11 Pineywoods counties while closing the muzzleloader season in those Hill Country counties where a special late season is proposed; extends the mule deer season to 16 days in counties presently having a five-day season; and opens a 16-day mule deer season in Cochran County.

The amendment to §65.64, concerning Turkey, opens a spring Eastern turkey season in eight additional counties in East Texas.

The amendment to §65.72: eliminates the statewide minimum length restrictions for Guadalupe and spotted bass; increases the minimum length requirement for largemouth bass on Lakes Jacksonville, Cleburne State Park, and Meridian State Park from 14 inches to 18 inches; replaces the minimum length restrictions for largemouth bass on Lake Austin, Buescher State Park Lake, and Town Lake with a 14-21 inch slot limit and allows only one largemouth bass of greater than 21 inches to be retained; increases the minimum length restrictions for blue marlin, white marlin, and sailfish; decreases the bag limit and imposes a minimum length limit for sharks; establishes a commercial season for sharks concurrent with federal seasons; and defines marking requirements for, and establishes maximum numbers for commercial and recreational trotlines.

The amendment to 65.78, concerning Crabs and Ghost Shrimp, define marking requirements for, and establish maximum numbers for crab traps used by commercial finfish fishermen.

Robert Macdonald, Wildlife Division Regulations Coordinator, has determined that for each of the first five years that the proposed repeal, new section, and amendments are in effect, there will be no additional fiscal implications to state or local governments as a result of enforcing or administering the proposed repeal, new section, and amendments.

Mr. Macdonald also has determined that for each of the first five years the proposed repeal, new section and amendments are in effect, the public benefit anticipated as a result of enforcing the rules as proposed will be the dispensation of the agency's statutory duty to protect and conserve the wildlife resources of this state, the duty to equitably distribute opportunity for the enjoyment of those resources among the citizens, and the execution of the commission's policy to maximize recreational opportunity within the precepts of sound biological management practices. There will be negligible effect on small businesses. There are no additional economic costs to persons required to comply with the rules as proposed.

The department has determined that there will not be a taking of private property, as defined by Government Code, Chapter 2007, as a result of the proposed rules.

Comments on the proposed rules may be submitted to Robert Macdonald (Wildlife (512) 389-4775), Ken Kurzawski (Inland Fisheries 389-4591), Paul Hammerschmidt (Coastal Fisheries 389-4650), David Sinclair (Wildlife Enforcement 389-4854), or Dennis Johnston (Fisheries Enforcement 389-4628), Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (512) 389-4775 or 1-800-792-1112.

1. GENERAL PROVISIONS

31 TAC §§65.11, 65.25, 65.26

The amendments and new section are proposed under the authority of Parks and Wildlife Code, Chapter 61, Uniform Wildlife Regulatory Act (Wildlife Conservation Act of 1983), which provide the Commission with authority to establish wildlife resource regulations for this state.

The proposed amendments and new section affect Parks and Wildlife Code, Chapter 61.

§65.11.Lawful Means.

It is unlawful to hunt any of the wildlife resources of this state except by the means authorized by this section and as provided in §65.19 of this title (relating to Hunting Deer with Dogs).

A person may hunt by means of lawful archery equipment [ ~~longbow, compound bow, or recurved bow~~ ] during any open season except a special muzzleloader-only antlerless deer season [ ~~or spring Eastern turkey season~~ ].