31 TAC §53.100
The Texas Parks and Wildlife Department proposes new §53.100,
concerning License Format and Legibility. The new rule is necessary in order
to comply with provisions in Senate Bill 305, 77th Legislative Session, which
directs the agency to adopt rules to specify standards for licenses, including
legibility of the license.
Suzy Whittenton, Chief Financial Officer, has determined that for the first
five years the rule as proposed is in effect, there will be no additional
fiscal implications to state and local governments as a result of enforcing
or administering the rule.
Ms. Whittenton also has determined that for each of the first five years
the rule as proposed is in effect, the public benefit anticipated as a result
of enforcing or administering the rule as proposed will be improved consistency
in format and legibility of licenses.
There will be no adverse economic effects on small businesses, microbusinesses,
or persons required to comply with the rule as proposed.
The department has not drafted a local employment impact statement under
the Administrative Procedures Act, §2001.022, as the 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 rule.
Comments on the proposed rule may be submitted to Julie Horsley , Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744,
(512) 389-4913 (e-mail: Julie.Horsley@tpwd.state.tx.us).
The new section is proposed under Parks and Wildlife Code, §12.703,
which authorizes the commission to specify standards for licenses, including
legibility of the license.
The new section affects Parks and Wildlife Code, §12.703.
§53.100.License Format and Legibility.
The provisions of this section do not apply to licenses sold directly
via the Internet for printing by the customer.
(1)
Except as provided in this section, all licenses issued
by the department or an agent of the department will conform to format requirements
established by the department for a given license year.
(2)
In negotiating contract provisions regarding the license
sales system, the department will consider the following guidelines regarding
license format and legibility:
(A)
Licenses issued by the department or an agent of the department
should be:
(i)
printed on durable paper (or plastic);
(ii)
waterproof;
(iii)
tear resistant; and
(iv)
printed in a fashion that renders the text indelible .
(B)
License print should be:
(i)
a size that is reasonable, within the constraints of the
overall size of the license;
(ii)
in no case a font size less than 6pt; and
(iii)
a color that contrasts with the background.
(C)
Information on the license, including tags, will be presented
in a consistent and orderly manner and will meet any Texas statutory requirement
and/or Texas Parks and Wildlife Commission regulation.
(D)
The executive director may waive the provisions of this
section singly or entirely in the event that unforeseeable circumstances or
emergencies make it impractical to comply without jeopardizing the ability
of the public to purchase and immediately enjoy the privileges of licensure.
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 July 1, 2002.
TRD-200204162
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 11, 2002
For further information, please call: (512) 389-4775