Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 51.
EXECUTIVE
Subchapter H. MEMORANDUM OF UNDERSTANDING
31 TAC §51.170
The Texas Parks and Wildlife Commission adopts new §51.170,
concerning Memorandum of Understanding With Texas Economic Development Department
and Texas Department of Transportation, without changes to the proposed text
as published in the December 22, 2000, issue of the
Texas Register
(25 TexReg 12599).
The new section is necessary to comply with the provisions Government Code, §481.028,
which requires the Texas Economic Development Department to develop a memorandum
of understanding with the Texas Department of Transportation and the Texas
Parks and Wildlife Department to cooperate in marketing and promoting Texas
as a travel destination and provide services to travelers, and requires each
agency to adopt the MOU by rule.
The new rule will function by adopting by reference the provisions of 10
TAC §195.6, concerning Memorandum of Understanding Between the Texas
Department of Transportation and the Texas Parks and Wildlife Department.
The department received no comments concerning adoption of the proposed
rule.
The rule is adopted under Government Code, §481.029, which
requires the department to adopt the MOU by rule.
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 10, 2001.
TRD-200102045
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 30, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
31 TAC §51.171
The Texas Parks and Wildlife Commission adopts new §51.171,
concerning the Historically Underutilized Business Certification Program,
without changes to the proposed text as published in the December 1, 2000,
issue of the
Texas Register
(25 TexReg 11899).
The new section is necessary to comply with the provisions of Government
Code, §2161.003, which requires state agencies to adopt General Service
Commission rules governing historically underutilized businesses (HUBs).
The new section will function by adopting by reference the rules of the
General Services Commission (GSC) contained in 1 TAC §§111.111-111.28.
The department received no comments concerning adoption of the proposed
rule.
The new section is adopted under Government Code, §2161.003,
which requires the commission to adopt the rules promulgated by the General
Services Commission under Government Code, §2161.002.
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 10, 2001.
TRD-200102044
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 30, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 389-4775
Subchapter A. HARMFUL OR POTENTIALLY HARMFUL EXOTIC FISH, SHELLFISH, AND AQUATIC PLANTS
31 TAC §§57.111, 57.113, 57.115 - 57.118, 57.120, 57.124, 57.129
The Texas Parks and Wildlife Commission adopts amendments
to §§57.111, 57.113, 57.115 - 57.118, 57.120, 57.124, and 57.129,
concerning Harmful or Potentially Harmful Exotic Fish, Shellfish and Aquatic
Plants, without changes to the proposed text as published in the December
22, 2000, issue of the
Texas Register
(25
TexReg 12612).
The rules are necessary to clarify permitting and reporting procedures,
and to protect native aquatic species.
The amendment to §57.111, concerning Definitions, will function by
adding the channeled applesnail (Pomacea canaliculata) to the list of prohibited
shellfish, and by altering the definition of 'fish farmer' to specify that
the term applies only to persons licensed pursuant to the Agriculture Code.
The amendment to §57.113 will function by requiring all permitted black
carp to be certified as triploids, and by reinstating triploid grass carp
to the list of species that may be possessed, propagated, transported and
sold. The amendments to §§57.116, 57.117, and 57.124 will function
by incorporating the term 'Aquaculture license' to be consistent with rules
of the Department of Agriculture. The amendments to §§57.115, 57.118,
57.120, and 57.129 will function by creating accurate legal citations.
The department received no comments concerning adoption of the proposed
rules.
The amendments are adopted under Parks and Wildlife Code, §66.007(d),
which requires the commission to make rules to carry out the provisions of
the section.
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 10, 2001.
TRD-200102046
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 30, 2001
Proposal publication date: December 22, 2000
For further information, please call: (512) 389-4775
Subchapter A. ENDANGERED, THREATENED, AND PROTECTED NATIVE PLANTS
31 TAC §69.8
The Texas Parks and Wildlife Commission adopts an amendment
to §69.8, concerning Threatened and Endangered Plants, without changes
to the proposed text as published in the December 1, 2000, issue of the
The rule is necessary to comply with the provisions of Parks and Wildlife
Code, Chapter 88, which requires the department adopt regulations to administer
the provisions of that chapter, including publication and distribution of
lists of threatened, endangered, or protected plants.
The rule will function by adding the Zapata bladderpod to the list of endangered
plants and deleting the Lloyd's hedgehog cactus from the same list, and by
adding the Pecos sunflower to the list of threatened plants while deleting
the McKittrick pennyroyal from that list.
The department received one comment concerning adoption of the proposed
rule. The commenter opposed adoption of the rules on the basis that the department
had eliminated protections for endangered animals. The department disagrees
with the comment and responds that the proposed rule applies only to indigenous
plants, not animals, which are subject to other regulations and statutes.
No changes were made as a result of the comment.
The amendment is adopted under Parks and Wildlife Code, Chapter
88, which requires the commission to adopt regulations to administer the provisions
of Chapter 88.
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 10, 2001.
TRD-200102047
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: April 30, 2001
Proposal publication date: December 1, 2000
For further information, please call: (512) 389-4775
Chapter 523.
AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT
Subchapter I. HISTORICALLY UNDERUTILIZED BUSINESSES
Chapter 57.
FISHERIES
Chapter 69.
RESOURCE PROTECTION
Part 17.
TEXAS STATE SOIL AND WATER CONSERVATION BOARD