Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 53.
FINANCE
Subchapter A. LICENSE FEES AND BOAT AND MOTOR FEES
31 TAC §§53.1 - 53.10
The Texas Parks and Wildlife Commission adopts amendments
to §§53.1-53.10, concerning License Fees and Boat and Motor Fees,
without changes to the proposed text as published in the December 22, 2000,
issue of the
Texas Register
(25 TexReg 12600).
The amendment to §53.1 is necessary to eliminate confusion about whether
license sales by telephone are electronic transactions; to recover the administrative
cost of operating an electronic point-of-sale system for the sale of licenses
and permits; and to eliminate a possible misconception that Louisiana residents
are permitted to fish for free in Texas. The amendment to §53.2 is necessary
because the agency's new electronic licensing system renders the license type
numbers unnecessary and obsolete. The amendment to §53.3 is necessary
to accurately reflect the provisions of Parks and Wildlife Code, Chapter 42,
with respect to persons eligible to purchase the special resident hunting
license; to eliminate a provision that is already a provision of Parks and
Wildlife Code, Chapter 42; to establish concrete definitions for specific
requirements related to eligibility for the special resident fishing license;
and to eliminate license-type designations that are no longer necessary. The
amendment to §53.4 is necessary to eliminate redundancy and because the
agency's new electronic licensing system renders the license type numbers
obsolete and unnecessary. The amendment to §53.5 is necessary to eliminate
redundancy and because the agency's new electronic licensing system renders
the license type numbers obsolete and unnecessary. The amendment to §53.6
is necessary to eliminate an outdated fee schedule that should have been eliminated
when the provisions of subsection (c)(2) were originally adopted; to create
a fee for permits to sell non-game fish as required by Parks and Wildlife
Code, §67.0041; and to eliminate license-type numbers because the agency's
new electronic licensing system renders the license type numbers obsolete
and unnecessary. The amendment to §53.7 is necessary to delete reference
to the shrimp house operator's license and license transfer, which were eliminated
by the legislature; to implement the fees for the bait-dealer-place of business/building
license (and license transfer) and the bait dealer-place of business/motor
vehicle license (and license transfer), which are authorized by statute; and
to eliminate license-type numbers because the agency's new electronic licensing
system renders the license type numbers obsolete and unnecessary. The amendment
to §53.8 is necessary to eliminate duplication; to relocate the provisions
of §53.80 to a more logical and appropriate area of the chapter; and
to eliminate license-type numbers because the agency's new electronic licensing
system renders the license-type numbers obsolete and unnecessary. The amendment
to §53.9 is necessary to provide greater latitude for investment opportunities.
The amendment to §53.10 is necessary because the agency no longer has
statutory authority to impose a fee for state-assigned Hull Identification
Numbers.
The amendment to §53.1, concerning License Issuance Procedures, Fees,
Possession and Exemption Rules, License Year will function by establishing
that electronic license sales include sales by telephone; increasing the range
of the convenience fee charged to license buyers from $3.00 to $5.00; and
clarifying that a Louisiana resident must possess a valid Louisiana recreational
fishing license to qualify for reciprocal licensing privileges in Texas. The
amendment to §53.2, concerning Combination Hunting and Fishing Licenses,
Packages, and Conservation Permits, will function by eliminating obsolete
numerical designations of license types. The amendment to §53.3, concerning
Other Recreational Hunting and Fishing Licenses, Stamps, and Tags, will function
by establishing the categories of persons who qualify to purchase a special
resident hunting license and by furnishing a definitive qualification for
eligibility to purchase a special resident fishing license. The amendment
to §53.4, concerning Commercial Hunting/Trapping Licenses and Permits,
will function by eliminating duplication and removing obsolete numerical designations
of license types. The amendment to §53.5, concerning Public Lands Hunting
Permits and Fees, will function by eliminating references to fees contained
in other chapters and numerical designations of license types. The amendment
to §53.6, concerning Commercial Fishing Licenses and Tags, will function
by implementing a permit fee for the sale of non-game fish and eliminating
numerical designations of license types. The amendment to §53.7, concerning
Business Licenses and Permits, will function by creating permit fees for the
bait-dealer-place of business/building license (and license transfer) and
the bait dealer-place of business/motor vehicle license (and license transfer),
by eliminating the fees for the shrimp house operator's license and license
transfer, and by eliminating numerical designations of license types. The
amendment to §53.8, concerning Miscellaneous Wildlife Licenses and Permits,
will function by removing references to fees contained in other chapters and
eliminating license-type numbers. The amendment to 53.9, concerning Investment
of Lifetime License Endowment Fund, will function by authorizing the executive
director to invest the Lifetime License Endowment Fund as directed by the
commission. The amendment to §53.10, concerning Vessel and Motor Fees
Set by Commission, will function by eliminating the fee for state-assigned
Hull Identification Numbers.
The department received no comments concerning adoption of the proposed
rules.
The amendments are adopted under Parks and Wildlife Code, §11.065,
which authorizes the commission to adopt rules for the investment of the lifetime
license endowment account; §12.702, which authorizes the commission to
set by rule collection and issuance fees for a license, stamp, tag, permit,
or other similar item issued under any chapter of the code; §41.006,
which authorizes the commission to make regulations conforming to a reciprocal
fishing license agreement with a border state; Chapter 42, which authorizes
the commission to prescribe by rule the requirements relating to possessing
a hunting license and to establish fees; §46.001, which authorizes the
commission to prescribe by rule the requirements relating to possessing a
fishing license; §46.004, which authorizes the commission to set fees
for fishing licenses; Chapter 47, which authorizes the commission to establish
rules governing the issuance, use, and fees for commercial fishing licenses;
Chapter 50, which authorizes the commission to establish fees for combination
licenses; and Chapter 67, which authorizes the commission to establish permits
and fees for possession taking, possession, propagation, transportation, sale,
importation, or exportation of a nongame species of fish or wildlife;
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101951
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §53.14, §53.16
The Texas Parks and Wildlife Commission adopts amendments
to §53.14, concerning Stamp Purchaser Identification and Possession Requirements,
and §53.16, concerning Obsolete Stamps and Decals. Section 53.16 is adopted
with changes to the proposed text as published in the December 22, 2000, issue
of the
Texas Register
(25 TexReg 12606). Section
53.14 is adopted without changes and will not be republished. The change to §53.16
allows the department to sell collector's edition stamp packages at fees determined
by the commission. This rulemaking was subjected to review as required by
Government Code, §2001.039, and the General Appropriations Act of 1997,
Article IX, §167, 75th Legislature, Regular Session.
The amendment is necessary to make clear that requirements concerning license
and stamp sales by telephone also apply to transactions made electronically,
and to allow the public the opportunity to purchase obsolete stamps for collecting
and memorabilia purposes.
The amendment to §53.14 clarifies that stamp requirements apply to
electronic sales. The amendment to §53.16, concerning Obsolete Stamps
and Decals, allows obsolete nongame and endangered species stamps to be sold
under the current provisions for all other stamps and decals, and provides
for the sale of collector's edition packages.
The department received no comments concerning adoption of the proposed
rules.
The amendments are adopted under Parks and Wildlife Code, §11.055,
which requires the commission to provide for the widespread availability of
art prints, decals, and stamps, §11.056, which authorizes the commission
to establish fees for art decals and stamps, and §12.703, which authorizes
the department to issue a license, stamp, tag, permit, or another similar
item authorized by the code through the use of automated equipment and a point-of-sale
system.
§53.16.Obsolete Stamps and Decals.
(a)
Obsolete stamps and decals shall be sold for informational
purposes, either at an established fee for collector's edition stamp package,
or at face value for individual stamps, plus a processing charge sufficient
to recover shipment, postage, and sales tax.
(b)
Stamps and decals shall remain on sale for a maximum of
one fiscal year after expiration. During the second year, obsolete stamps
and decals shall be sold only by book.
(c)
Previous issues of Nongame and Endangered Species stamps
may be made available for sale at $10 for individual stamps or decals, and
$75 or less for a complete set of the 11 stamps issued from 1985 through 1995.
The Department may sell a limited number of collector's sets of the 11 stamps
issued from 1985 through 1995, framed and mounted, for $300 or less per set.
The Department may add to this price a processing charge sufficient to recover
shipment, postage, and sales tax. The Department may give away earlier issues
of decals and use previously issued stamps in merchandise items that are offered
for sale or as promotional items.
(d)
Nongame and Endangered Species stamps issued during and
after 1996 are one of eight stamps issued as collectors series set and are
subject to the same rules as other obsolete stamps.
(e)
The executive director may maintain a limited number of
stamps and decals of each type and year.
(f)
All other obsolete stamps and decals shall be destroyed.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101933
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §53.17, §53.18
The Texas Parks and Wildlife Commission adopts amendments
to §53.17, concerning Authorized Vessel Registration Agent for the Department,
and §53.18, concerning Surety Bond Requirements, without changes to the
proposed text as published in the December 22, 2000, issue of the
Texas Register
(25 TexReg 12607).
The amendments to §53.17 and §53.18 are necessary because the
department has determined that it does not have statutory authority to offer
or require the option of a letter of credit in lieu of a surety bond for vessel
registration or vessel registration agents.
The amendment to §53.17 will function by eliminating the option of
the use of a letter of credit to qualify as an authorized agent of the department
for the purpose of registering vessels. The amendment to §53.18 will
function by removing the option of providing a letter of credit in lieu of
a surety bond for person desiring to be approved as vessel registration agents.
The department received no comments concerning adoption of the proposed
rules.
The amendments are adopted under Parks and Wildlife Code, §31.006,
which authorizes the department to authorize a dealer who holds a dealer's
or manufacturer's number to act as the agent of the department under Chapter
31, Subchapter B and under Tax Code, Chapter 160, for the issuance of certificates
of number and the collection of fees and taxes for boats sold by that dealer.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101934
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §53.22
The Texas Parks and Wildlife Commission adopts the repeal
of §53.23, concerning Surety Bond Requirements, and an amendment to §53.22,
concerning License Deputy Appointment and Cancellation Procedures, without
changes to the proposed text as published in the December 22, 2000, issue
of the
Texas Register
(25 TexReg 12608).
The repeal of §53.23 is necessary because under the department's new
licensing system, surety bonds will no longer be required for license deputies.
The amendment to §53.22 is necessary to provide for an approval process
for license deputy applications and to eliminate the requirement for applicants
to provide a surety bond or letter of credit.
The repeal of §53.23 will function by eliminating unnecessary regulations.
The amendment to §53.22 will function by providing for an approval process
for license deputy applications and by eliminating the requirement for applicants
to provide a surety bond or letter of credit.
The department received no comments concerning adoption of the proposed
rules.
The amendment is adopted under Parks and Wildlife Code, Chapter
12, which authorizes persons designated by or contracted with by the department
to issue and collect money received for a license, stamp, permit, tag, or
other similar item is a license deputy and may issue and collect money for
a license, stamp, permit, tag, or other similar item issued under the code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101935
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §53.23
The repeal is adopted under Parks and Wildlife Code, Chapter
12, which authorizes persons designated by or contracted with by the department
to issue and collect money received for a license, stamp, permit, tag, or
other similar item is a license deputy and may issue and collect money for
a license, stamp, permit, tag, or other similar item issued under the code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 3, 2001.
TRD-200101936
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Commission adopts the repeal of §§53.31-53.33,
and an amendment to §53.35, concerning Selling Price of Department Information,
without changes to the proposed text as published in the December 22, 2000,
issue of the
Texas Register
(25 TexReg 12608).
The repeal of §§53.31-53.33 is necessary to eliminate regulations
that recapitulate provisions of the Parks and Wildlife Code. The amendment
to §53.35 is necessary to prevent customer information from being published
by third parties and to make clear the obligations incurred by the department
in instances where information is sold or given for research purposes.
The repeal of §§53.31-53.33 will function by eliminating regulations
that are unnecessary. The amendment to §53.35 will function by stipulating
that a designee may act on behalf of the executive director for the purposes
of the section, by clarifying that information acquired from the department
and published on the Internet by a third party will be removed, and by clarifying
that information supplied by the department will be at no cost or at the cost
of the department to provide the information.
The department received no comment concerning adoption of the proposed
rules
31 TAC §§53.31 - 53.33
The repeals are adopted under Parks and Wildlife Code, §11.030,
which requires the commission to adopt policies relating to the release of
customer information, the use of customer information by the department, and
the sale of a mailing list consisting of the names and addresses of persons
who purchase customer products, licenses, or services.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 3, 2001.
TRD-200101938
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §53.35
The amendment is adopted under Parks and Wildlife Code, §11.030,
which requires the commission to adopt policies relating to the release of
the customer information, the use of the customer information by the department,
and the sale of a mailing list consisting of the names and addresses of persons
who purchase customer products, licenses, or services.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101937
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §53.50
The Texas Parks and Wildlife Commission adopts an amendment
to §53.50, concerning Texas Freshwater Fisheries Center Admission; Fees
and Other Entrance Requirements, without changes to the proposed text as published
in the December 22, 2000, issue of the
Texas Register
(25 TexReg 12610).
The amendment is necessary to allow the department to reduce admissions
fees during off-peak seasons and in response to visitation situations in which
the waiver or reduction of fees would serve to enhance visitation.
The amendment will function by eliminating fixed fees in favor of establish
a flexible fee schedule not to exceed the current cap of $6.00 per person.
The department received no comment concerning adoption of the proposed
rule.
The amendment is adopted under Parks and Wildlife Code, §11.027,
which authorizes the commission to establish and provide by rule for the collection
of a fee for entering, reserving, or using a facility or property owned or
managed by the department.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101939
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Commission adopts the repeal of §53.80,
concerning Miscellaneous Wildlife Licenses and Permits, and an amendment to §53.70,
concerning Vendor Protest Procedure, without changes to the proposed text
as published in the December 22, 2000, issue of the
Texas Register
(25 TexReg 12611).
The repeal of §53.80 is necessary to avoid duplicating regulatory
language that has been moved to §53.3, where it is more germane. The
amendment to §53.70 is necessary to accurately reflect the title of the
department employee to whom protests should be directed, and to make the provisions
read coherently.
The repeal of §53.80 will function by eliminating provisions that
are being relocated into a more appropriate and logical subchapter. The amendment
to §53.70 will function by altering a reference to an occupational title
in response to a redesignation of that title within the department, and restores
grammatical sense to an incomplete sentence that was inadvertently overlooked
in a previous rulemaking.
The department received no comments concerning adoption of the proposed
rule.
31 TAC §53.70
The amendment is adopted under Parks and Wildlife Code, §11.0171,
which requires the commission to adopt policies and procedures consistent
with applicable state procurement practices for soliciting and awarding contracts,
and under Chapter 67, which authorizes the department to charge a fee for
a permit issued under that chapter.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101940
Gene McCarty
Chief of Staff
Texas Parks and Wildlife
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §53.80
The repeal is adopted under Parks and Wildlife Code, Chapter
67, which authorizes the department to charge a fee for a permit issued under
that chapter.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 3, 2001.
TRD-200101941
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
Subchapter C. ACQUISITION AND DEVELOPMENT OF HISTORIC SITES, BUILDING AND STRUCTURES
31 TAC §59.42, §59.44
The Texas Parks and Wildlife Commission adopts an amendment
to §59.42, concerning Chronology and Thematic Organization, and §59.44,
concerning Development Guidelines, without changes to the proposed text as
published in the December 22, 2000, issue of the
Texas Register
(25 TexReg 12613).
The amendment to §59.42 is necessary to reflect accurate terminology
in the regulations. The amendment to §59.44 is necessary to safeguard
visitors and make department facilities and sites accessible.
The amendment to §59.42 will function by replacing the term 'late
prehistoric' for 'neo-American Texas.' The amendment to §59.44 will function
by authorizing the department to alter historic sites and structures in compliance
with rules or statutes concerning health, safety, or architectural barriers.
The department received no comments concerning adoption of the proposed
rules.
The amendments are adopted under Parks and Wildlife Code, §13.101,
which authorizes the commission to promulgate regulations governing the health,
safety, and protection of persons and property in state parks, historic sites,
scientific areas, or forts under the control of the department, including
public water within state parks, historic sites, scientific areas, and forts.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101942
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §59.63, §59.64
The Texas Parks and Wildlife Commission adopts amendments
to §59.63, concerning Definitions, and §59.64, concerning Classification
and Guidelines, without changes to the proposed text as published in the December
22, 2000, issue of the
Texas Register
(25
TexReg 12615).
The amendment to §59.63 is necessary because 'sustainability' is a
biological term inappropriate for describing cultural systems. The amendment
to §59.64 is necessary to safeguard visitors and make department facilities
and sites accessible
The amendment to §59.63 will function by removing the applicability
of the term 'sustainability' to cultural systems. The amendment to §59.64
will function by authorizing the department to alter historic sites and structures
in compliance with rules or statutes concerning health, safety, or architectural
barriers.
No comments were received concerning adoption of the proposed rules.
The amendments are adopted under Parks and Wildlife Code, §13.101,
which authorizes the commission to promulgate regulations governing the health,
safety, and protection of persons and property in state parks, historic sites,
scientific areas, or forts under the control of the department, including
public water within state parks, historic sites, scientific areas, and forts.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101943
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §§59.101, 59.103 - 59.108
The Texas Parks and Wildlife Commission adopts amendments
to §§59.101 and 59.103-59.108, concerning Operation and Leasing
of Park Concessions. Sections 59.103, 59.106, and 59.108 are adopted with
changes to the proposed text as published in the December 22, 2000, issue
of the
Texas Register
(25 TexReg 12618). Sections
59.101 and 59.104, 59.105, and 59.107 are adopted without changes and will
not be republished. The change to §§59.103, 59.106 and 59.108 replaces
the word concessionaire with the word concessioner, to be consistent with
terminology employed in other sections.
The amendment to §59.101, concerning Definitions, is necessary to
clarify that a prospectus is required only for leased concession, and to define
a special class of concessioner. The amendment to §59.103, concerning
Selection of a Concessioner, is necessary because the department is implementing
a process of reapplication in lieu of renewal, and because a policy for evaluation
and recommendation is prudent. The amendment to §59.104, concerning Types
of Concession Contracts is necessary to provide reasonable security to prospective
concessioners facing major investments as a consequence of selection, and
to allow the department to conduct a more thorough evaluation of minor contracts
as the situation dictates. The amendment to §59.105, concerning Contract
Terms, is necessary to provide security to prospective concessioners, and
thereby encourage applications. The amendment to §59.106, concerning
Franchise Fee Rates and Charges, is necessary to ensure that the department
receives franchise fees and to prevent financial disruptions caused by non-payment
of franchise fees. The amendment to §59.107, concerning Accounting, is
necessary to make the provisions of the sections as clearly understandable
as possible. The amendment to §59.108, concerning Bond and Insurance,
is necessary to ensure completion of projects in the event that the concessioner
is unable to fulfill the terms of a contract.
The amendment to §59.101 will function by altering the definition
of 'prospectus' to make the definition more accurate, and by adding a new
definition for 'Partnership Concessions.' The amendment to §59.103 will
function by altering subsection (a) to make better grammatical sense and by
removing a reference to renewal, and by altering subsection (c) to remove
a reference to renewal and adding new language to create a policy for reviewing
applications and selecting a concessioner. The amendment to §59.104 will
function by altering subsection (a) to require long-term contracts for major
concessions, and by altering subsection (b) to provide the department with
the option of issuing a prospectus for short-term contracts at the agency's
discretion. The amendment to §59.105 will function by altering subsection
(a) to require the department to provide a sufficient duration of a standard
contract to permit a reasonable opportunity for a concessioner to realize
a return on investment, and by altering subsection (b) to require revocable
short-term contracts to be two years, rather than one year, in duration. The
amendment to §59.106 will function by providing a mechanism for assessing
penalties for delinquent payments to the department under the terms of a contract,
and by providing for a waiver of such penalties for good cause. The amendment
to §59.107 will function by making non-substantive grammatical change
to improve the sense of the section. The amendment to §59.108, concerning
Bond and Insurance, will function by requiring a payment from concessioners
whose contracts require the construction of public accommodations.
No comments were received by the department concerning adoption of the
proposed rules.
The amendments are adopted under Parks and Wildlife Code, §13.015,
which authorizes the department to grant contracts to operate concessions
in state parks or on causeways, beach drives, or other improvements in connection
with state park sites, and to make regulations governing the granting or operating
of concessions.
§59.103.Selection of a Concessioner.
(a)
When it is determined by the executive director that the
leasing of a park concession is necessary, desirable, and financially feasible
for furnishing visitor services and accommodations in a park area, or when
it is necessary to secure a new concessioner for a leased concession, a prospectus
announcing the availability of such concession shall be issued to all interested
persons, detailing essential information about the concession, and the procedure
to follow in submitting a proposal. The executive director or his designee
shall fully publicize the availability of a concession in the immediate area
of the park and on a state or national level when circumstances warrant a
broader coverage.
(b)
A concessioner will be selected with great care to insure
that he has ability to operate the concession in an entirely satisfactory
manner. In addition to ample financing and ability to conduct the concession
in an economical manner, the concessioner should conduct his operation in
accordance with the ideals and objectives of the department by adhering to
business practices that emphasize public service in addition to a profit motive,
and are consistent to the highest practical degree with the preservation and
conservation of the area. The department may disregard any or all proposals
submitted, or make any counter proposal it may consider reasonable or desirable
in accordance with commission policy.
(c)
The granting, termination, amendment, transfer, assignment,
and enforcement or all concession contract requirements and provisions of
such contracts is delegated to the executive director. Program staff will
conduct a comprehensive review of all information contained within the submitted
proposal. Following review, the agency will conduct personal interviews of
each submitter for the purpose of recommending a candidate as the prospective
concessionaire. The agency, at its discretion, may empanel a review board
consisting of agency staff, and the local community, industry experts, or
other individuals relevant or pertinent to the selection.
(d)
The executive director may terminate a contract upon finding
that a material breach of the contract has occurred.
§59.106.Franchise Fee Rates and Charges.
(a)
Franchise fee rates shall be determined by the executive
director or his designee in an equitable and fair manner, giving consideration
to the various types of operations, gross receipts, net profit, and capital
invested. Single or multiple percentages applied to all or various kinds of
gross receipts will be considered in new or amended contracts.
(b)
A penalty of 5.0% of the franchise fee due shall be imposed
on a leased concessionaire who fails to pay the fee as required under the
signed contractual agreement, and if that person fails to pay the fee within
30 days after the day when the fee is sue, an additional 5.0% penalty shall
be imposed.
(c)
Delinquent fees accrue interest beginning on the 61st day
after their due date.
(d)
The yearly interest on all delinquent franchise fees is
the prime rate plus one per cent, as published in the Wall Street Journal
on the first day of the calendar year that is not a Saturday, Sunday or a
legal holiday.
(e)
The penalties and interest assessed for delinquent franchise
fees may not exceed the penalties and interest rate established in the Texas
Tax Code §111.060 and §111.061.
(f)
Penalties and/or interest under this section may be waived
by the executive director for a good cause.
(g)
The right to reconsider and renegotiate franchise fees
of concession contracts on an annual basis shall be considered standard practice
when conditions warrant an adjustment.
(h)
The rates and charges prescribed by the concessioner shall
be subject to the approval of the executive director or his designee. The
reasonableness of the concessioner's rates and charges to the public shall
be judged primarily by comparing with current charges for facilities and services
of comparable character under similar conditions. Consideration shall be given
to:
(1)
length of season;
(2)
provisions for peakloads;
(3)
average percentage of occupancy;
(4)
accessibility;
(5)
availability and costs of labor and materials;
(6)
type of patronage; and
(7)
other factors deemed significant as related to the type
of concession.
§59.108.Bond and Insurance.
(a)
The executive director may require the concessioner to
furnish a bond conditioned upon the faithful performance of his contract.
When the contract award involves construction of public accommodations, the
concessionaire will be required to obtain a payment bond.
(b)
The concessioner shall carry such insurance against losses
by fire, public liability, employee liability, and other hazards as is customary
among prudent operators of similar businesses under comparable circumstances,
and in amounts satisfactory to the department. The minimum limit for public
liability shall be $300,000. The executive director has the authority to increase
this limitation when conditions warrant such action.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101945
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §59.131
The Texas Parks and Wildlife Commission adopts an amendment
to §59.131, concerning Definitions, without changes to the proposed text
as published in the December 22, 2000, issue of the
Texas Register
(25TexReg 12620).
The amendment is necessary to replace archaic and imprecise terminology
with accurate art-historical nomenclature.
The amendment will function by altering the definition of 'cultural features'
by referring to 'pictographs and petroglyphs' rather than 'Indian rock art
or historic rock art.'
The department received no comments concerning adoption of the proposed
rule.
The amendment is adopted under Parks and Wildlife Code, §13.101,
which authorizes the commission to promulgate regulations governing the health,
safety, and protection of persons and property in state parks, historic sites,
scientific areas, or forts under the control of the department, including
public water within state parks, historic sites, scientific areas, and forts.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101944
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
Subchapter C. WILDLIFE REHABILITATION PERMITS
31 TAC §69.47, §69.51
The Texas Parks and Wildlife Commission adopts an amendment
to §69.47, concerning Qualifications, and §69.51, concerning Release
of Rehabilitated Wildlife, without change to the proposed text as published
in the December 22, 2000, issue of the
Texas Register
(25 TexReg 12621).
The amendment to §69.47 is necessary to prevent persons with a history
of wildlife violations from being entrusted with the care of protected wildlife.
The amendment to §69.51 is necessary to ensure consistency with the spirit
and intent of wildlife rehabilitation, which is to return wildlife to the
wild when rehabilitation has been effected.
The amendment to §69.47 will function by allowing the department at
its discretion to refuse permit issuance to any person finally convicted of
violating a local, state, or federal law concerning wildlife. The amendment
to §69.51 will function by requiring permittees to release wildlife determined
by the department to be capable of surviving in the wild.
No comments were received by the department concerning adoption of the
proposed rules.
The amendments are adopted under Parks and Wildlife Code, §43.022,
which requires the commission to adopt rules to govern the collecting, holding,
possession, propagation, release, display, or transport of protected wildlife
for scientific research, educational display, zoological collection, or rehabilitation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101946
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §69.91, §69.93
The Texas Parks and Wildlife Commission adopts amendments
to §69.91, concerning Consistency, and §69.93, concerning Thresholds
for Referral. The amendment to §69.93 is adopted with changes to the
proposed text as published in the December 22, 2000, issue of the
Texas Register
(25 TexReg 12622). The amendment to §69.91 is adopted
without changes and will not be republished. The change to §69.93 removes
an erroneous TAC citation from paragraph(2).
The amendments are necessary to maintain factually accurate regulations.
The amendments will function by correcting outdated legal citations.
No comments were received by the department concerning adoption of the
proposed rules.
The amendments are adopted under Natural Resources Code, §33.2052,
which authorizes the department by rule to establish a process by which the
agency may submit rules to the Coastal Coordination Council for review and
certification for consistency with the goals and policies of the coastal management
program.
§69.93.Thresholds for Referral.
The thresholds for referral of actions of the Texas Parks and Wildlife
Department listed in §505.11(7)(A)-(D) of this title (relating to Actions
and Rules Subject to Coastal Management Program) shall be as follows.
(1)
For oyster leases issued pursuant to §58.30 of this
title (relating to Private Oyster Leases), the threshold for referral shall
be an administratively complete application for a lease.
(2)
For permits issued pursuant to §§69.301-69.311
of this title (relating to Scientific, Educational and Zoological Permits)
as they concern the taking, transporting, or possession of threatened or endangered
species; §§65.171-65.176 and §§69.43-69.53 of this title
(relating to Threatened and Endangered Nongame Species); or permits issued
pursuant to §§69.1-69.9 of this title (relating to Endangered, Threatened,
and Protected Native Plants; Wildlife Rehabilitation Permits), the threshold
shall be an administratively complete application.
(3)
For permits authorizing the disturbance or removal of sand,
shell, gravel, and marl issued pursuant to §§69.101-69.121 and 69.201-69.209
of this title (relating to Shell Dredging on the Texas Gulf Coast and Issuance
of Marl, Sand, and Gravel Permits), the threshold shall be an administratively
complete application for a permit.
(4)
For approval of development which requires the use or taking
of any public land in state parks, wildlife management areas, and preserves
by a person or entity other than the Texas Parks and Wildlife Department and
which would be subject to Parks and Wildlife Code, Chapter 26, and §§59.41-59.47,
59.61-59.64, and 59.75 of this title (relating to Acquisition and Development
of Historic Sites, Buildings, and Structures, and Administration of the Texas
State Park System), the threshold for referral shall be initial approval by
the Texas Parks and Wildlife Commission of the project concept.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101947
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §69.120, §69.121
The Texas Parks and Wildlife Commission adopts amendments
to §69.120, concerning Exemptions, and §69.121, concerning Prices,
without changes to the proposed text as published in the December 22, 2000,
issue of the
Texas Register
.
The amendment to §69.120 is necessary to make the regulation read
coherently. The amendment to §69.121 is necessary to correct a previous
typographical error during rulemaking.
The amendment to §69.120 will function by making nonsubstantive grammatical
changes in the interest of clarity. The amendment to §69.121 will function
by restoring the commission's intent in setting the department's actual cost
of monitoring the dredging operations from state-owned submerged tidelands,
to be assessed against each permittee in proportion to the quantity (percentage
of the total) of shell removed by each permittee, not to exceed $50,000 per
year, rather than $50,000 total.
The department received no comments concerning adoption of the proposed
rules.
The amendments are adopted under Parks and Wildlife Code, §86.021,
which requires the commission to exempt by rule the projects listed in subsection
(b) of that section from any permit requirement or payment to the department
for materials removed if the commission finds that the state will not be deprived
of significant revenue and there will be no significant adverse effects on
navigation, the coastal sediment budget, riverine hydrology, erosion, or fish
and wildlife resources or their habitat, and §86.0191, which authorizes
the commission to adopt rules to govern consideration of applications; setting
and collection of application fees; assessment of transcript costs in contested
cases; permit conditions; issuance of permits by rule; pricing of and terms
for payment for substrate materials; assignability of permits; payment of
refunds; permit renewal; and any other matter necessary for the administration
of the chapter.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 3, 2001.
TRD-200101948
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 23, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
Subchapter B. STAMPS
Subchapter C. VESSEL REGISTRATION AGENTS AND SURETY BONDS
Subchapter D. LICENSE DEPUTIES
Subchapter E. SELLING PRICE OF DEPARTMENTAL INFORMATION
Subchapter G. TEXAS FRESHWATER FISHERIES CENTER ADMISSION FEES
Subchapter I. PROTEST PROCEDURES FOR VENDORS
Chapter 59.
PARKS
Subchapter D. ADMINISTRATION OF THE STATE PARK SYSTEM
Subchapter E. OPERATION AND LEASING OF PARK CONCESSIONS
Subchapter F. STATE PARK OPERATIONAL RULES
Chapter 69.
RESOURCE PROTECTION
Subchapter G. COMPLIANCE WITH COASTAL MANAGEMENT PLAN
Subchapter H. ISSUANCE OF MARL, SAND, AND GRAVEL PERMITS
Subchapter I. SHELL DREDGING ON THE TEXAS GULF COAST