Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 53.
FINANCE
Subchapter A. LICENSE FEES AND BOAT AND MOTOR FEES
31 TAC §53.5
The Texas Parks and Wildlife Commission adopts an amendment
to §53.5, concerning Public Land Hunting Permits and Fees, without changes
to the proposed text as published in the February 22, 2002, issue of the
The amendment is necessary to consolidate fee and permit requirements in
the most appropriate location within the agency’s portion of the Texas
Administrative Code, and to present fee and permit requirements in the most
user-friendly manner possible.
The amendment will function by transferring certain provisions concerning
fee requirements from Chapter 65 to Chapter 53, by making nonsubstantive grammatical
changes to enhance readability, and by clarifying the fee requirements for
specific types of public hunting and fishing opportunities offered or sponsored
by the department.
The department received no comments concerning adoption of the proposed
rule.
The amendment is adopted under Parks and Wildlife Code, §11.0271
and §11.272, which authorize the commission to set nonrefundable participation
fees for drawings for public hunting and fishing opportunities in an amount
sufficient to pay the costs of operating the drawing, and to establish fees,
not to exceed $25 per species, for each participant on an application in drawings
for special hunting programs, packages, or events that exceed the costs of
operating the drawing only if the fees charged are designated for use in the
management and restoration efforts of the specific wildlife program implementing
each special hunting program, package, or event.
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 June 21, 2002.
TRD-200203927
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: July 11, 2002
Proposal publication date: February 22, 2002
For further information, please call: (512) 389-4775
Subchapter H. PUBLIC LANDS PROCLAMATION
31 TAC §§65.191, 65.193, 65.194
The Texas Parks and Wildlife Commission adopts amendments
to §§65.191, 65,193, and 65.194, concerning the Public Lands Proclamation,
without changes to the proposed text as published in the February 22, 2002,
issue of the
Texas Register
(27 TexReg 1265).
The amendment to §65.191, concerning Definitions, is necessary to
remove all references to fees in order to locate all fee information in another
chapter, and to standardize permit privileges on all public hunting lands.
The amendment to §65.193, concerning Access Permit Required and Fees,
is necessary to remove all references to fees in order to locate all fee information
in another chapter, to standardize permit privileges on all public hunting
lands, and to maintain clear regulatory language.
The amendment to §65.194, concerning Competitive Hunting Dog (Field
Trials) Permit and Fees, is necessary to remove all references to fees in
order to locate all fee information in another chapter.
The amendment to §65.191 will function by removing references to fee
amounts, which are redundant since fees are established in 31 TAC Chapter
53. The amendment also requires all persons who hunt on public hunting lands
to possess an Annual Public Hunting Permit .
The amendment to §65.193 will function by removing references to fee
amounts, which are redundant since fees are established in 31 TAC Chapter
53. The amendment also removes an exception for users of a Limited Public
Use permit who hunt under certain circumstances on U.S. Forest Service lands,
eliminates unnecessary language concerning internal cross-references, and
rewords subsection (p) in the interests of grammatical sense. The amendment
to §65.194 will also function by removing references to fee amounts,
which are redundant since fees are established in 31 TAC Chapter 53.
The department received 32 comments in opposition to adoption of the proposed
rules. Seven of the commenters opposed the standardization of hunting privileges
under the Annual Public Hunting Permit and stated that by eliminating hunting
privileges under the lower-priced Limited Public Use permit (LPU), the department
was in effect charging an increased fee. The department disagrees, and responds
that the U.S. Forest Service (the only units of the public hunting system
on which the LPU permit authorizes hunting), on the basis of the relatively
small number of LPU permits sold, has requested that all hunting take place
under the APH permit in order to standardize privileges and streamline administrative
complexity. No comments were made as a result of the comments. The department
received 132 comments in favor of adoption of the proposed rules.
The amendments are adopted under Parks and Wildlife Code, Chapter
81, Subchapter E, which provides the Parks and Wildlife Commission with authority
to establish an open season on wildlife management areas and public hunting
lands and authorizes the executive director to regulate numbers, means, methods,
and conditions for taking wildlife resources on wildlife management areas
and public hunting lands; Chapter 12, Subchapter A, which provides that a
tract of land purchased primarily for a purpose authorized by the code may
be used for any authorized function of the department if the commission determines
that multiple use is the best utilization of the land's resources; Chapter
62, Subchapter D, which provides authority, as sound biological management
practices warrant, to prescribe seasons, number, size, kind, and sex and the
means and method of taking any wildlife; and §42.0177, which authorizes
the commission to modify or eliminate the tagging requirements of Chapter
42.
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 June 21, 2002.
TRD-200203932
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: July 11, 2002
Proposal publication date: February 22, 2002
For further information, please call: (512) 389-4775
Chapter 368.
FLOOD MITIGATION ASSISTANCE PROGRAM
31 TAC §§368.1, 368.2, 368.9
The Texas Water Development Board (the board) adopts amendments
to 31 TAC §§368.1, 368.2, and 368.9 concerning the Flood Mitigation
Assistance Program. Section 368.1 and §368.2 are adopted without changes
to the proposed text as published in the May 3, 2002 issue of the
Texas Register
(27 TexReg 3717) and will not be republished. Section
368.9 is adopted with change to delete the "and" at the end of paragraph (a)(8)
that is no longer needed. The amendments provide clarification consistent
with directives from the Federal Emergency Management Agency (FEMA).
The amendments to §368.1 provide a definition for "insured structures"
to specify that references to insured structures are to those covered by the
National Flood Insurance Program. The section is further amended to reorder
definitions into alphabetical order. The amendment to §368.2 will correct
a reference to "subchapter" which should be "chapter." Section 368.9 is amended
to add priority goals specified by FEMA in its annual allocation of funds,
as a priority ranking criteria, which reflects that priorities established
by FEMA are part of the consideration for evaluation of applications. The
amendments also remove a reference to the NFIP which is not necessary with
the addition of a definition for "insured structures."
No comments were received on the proposed amendments.
The amendments are adopted under the authority of the Texas Water
Code §6.101 and Chapter 15, Subchapter F, which provide the Texas Water
Development Board with the authority to adopt rules necessary to carry out
the powers and duties of the board and for administration of the research
and planning fund and under Texas Government Code, Chapter 742 which provides
for state coordination of local applications for federal funds.
§368.9.Project Grant Evaluation and Approval Process.
(a)
The executive administrator will evaluate applications
for project grants and forward recommendations to the board, and the board
will prioritize project grants and forward them to FEMA for funding approval
based on the following criteria:
(1)
the extent to which the project reduces future claims to
the NFIP from repetitive loss structures or substantially damaged structures;
(2)
projects that benefit areas with the greatest flood risk;
(3)
projects that have the highest benefit/cost ratio;
(4)
projects that are likely to benefit the greatest number
of insured structures;
(5)
the extent to which the project results in a long-term
solution to a flooding problem and requires minimum maintenance;
(6)
whether structures affected by the project are in an identified
floodway and floodplain;
(7)
the extent to which the applicant is providing more than
the minimum cost-share of 25%;
(8)
whether the project applicant, or community where the project
is located, participates in the NFIP Community Rating System (CRS);
(9)
the extent to which the project has a multi-objective purpose;
and
(10)
the extent to which a project meets priority goals specified
in an annual FEMA allocation of funds.
(b)
In its approval of a project to be recommended for FEMA
project grant, the board shall specify a commitment period that shall begin
to run with notification of FEMA's approval of the project and during which
time the applicant must enter into a contract with the board. If a contract
has not been executed within the commitment period, the commitment shall expire.
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 June 20, 2002.
TRD-200203868
Suzanne Schwartz
General Counsel
Texas Water Development Board
Effective date: July 10, 2002
Proposal publication date: May 3, 2002
For further information, please call: (512) 463-7981
Chapter 65.
WILDLIFE
Part 10.
TEXAS WATER DEVELOPMENT BOARD
Part 16.
COASTAL COORDINATION COUNCIL