31 TAC §53.10
The Texas Parks and Wildlife Commission adopts an amendment
to §53.10, concerning Vessel and Motor Fees Set by Commission, without
changes to the proposed text as published in the April 25, 2003, issue of
the
Texas Register
(28 TexReg 3480).
Registration, title and transfer fees for boats have not increased since
1996. During the intervening time, inflation has significantly increased the
costs of doing business (such as the cost of office space, utilities, postage,
fuel and equipment). Further, increases in the number of boats on Texas waters
have required additional boating enforcement related efforts and have led
to increases in demand for related services. For example, there has been a
rise in the number of complaints related to boat theft and dealer fraud. Due
to these factors, TPWD has experienced cost increases related to: Boating
While Intoxicated (BWI) enforcement and related equipment such as portable
breathalyzer tests (PBTs); boat dealer fraud and boat theft investigations;
boater accident investigation training; boating equipment ; and redesign of
the boat computer system.
Boat-related fees have not kept pace with inflation and increased demand;
therefore, the amendment is necessary to enable the department to maintain
current levels of service associated with discharging statutory obligations
to register and track boat ownership in the state and to enforce safe boating
and Boating While Intoxicated Laws.
The fee increases were determined on the basis of a number of factors,
including Consumer Price Index (CPI) increases and the need to recoup administrative
costs associated with certain transactions. Analysis of CPI indicates an increase
in the cost of living of approximately 17% since 1996. A number of the fee
increases were proposed based on this calculation. Other fee increases were
based on the need to adequately recoup administrative costs. Administrative
costs incurred by the department in issuing registration, titles, transfers,
and duplicates include those associated with receiving, tracking and processing
documentation, correspondence with the vessel owner, and paper and mailing.
The department monitors boat license fees or permits and licenses in other
states, particularly those with comparable boating activity. The fees as adopted
are in line with registration and licensing costs in other states.
All fees established by this rulemaking have been set by the Texas Parks
and Wildlife Commission and were not mandated by the legislature.
The amendment to §53.10 will function by increasing registration,
title, and transfer fees for vessels. Registration transactions conducted
under the rule will result in a two-year period of validity for the required
documentation affected by each.
The department received 35 comments opposing adoption of the proposed rule.
Of those comments, the following were the comments expressing a specific reason
or reasons for opposition.
COMMENT: Five commenters opposed adoption of the rules because of fixed-income
status.
AGENCY RESPONSE: The agency, while sympathetic to those with fixed incomes,
disagrees and responds that the fee increases are necessary but not burdensome.
The amount of the fee increases is between $5 and $20. As the recurring fees
proposed for increase (registration) cover a 2 year period, the fee increase
for registrations would result in an annual increase of between $2.50 and
$10. No changes were made as a result of the comments.
COMMENT: Nine commenters opposed adoption of the rules, stating there is
no evidence of what the agency does.
AGENCY RESPONSE: The department disagrees with the comment and responds
that the department provides a number of required services to the boating
public, including boat patrols by game wardens, enforcement of BWI laws, boater
safety and education, and related administrative functions. By statute, the
department’s activities and performance are monitored and reported to
a variety of oversight entities. The department has raised fees only to the
extent necessary to continue to provide the services at their current level
of effectiveness. No changes were made as a result of the comments.
COMMENT: Fifteen commenters opposed adoption, stating that the department
should reduce expenses and cut waste.
AGENCY RESPONSE: The department disagrees with the comments and responds
that over the last two years, the department has exhaustively reviewed its
operations. The agency has also implemented a hiring freeze, eliminated all
non-essential travel, reduced capital expenditures and has instituted a number
of internal measures to identify and correct inefficiencies and duplicated
efforts. No changes were made as a result of the comments.
COMMENT: Six commenters opposed adoption because of the current economic
environment.
AGENCY RESPONSE: The department disagrees and responds that the fee increases
are necessary in order to maintain current levels of service. In addition,
the relatively low amount of the fee increases should not be burdensome, even
in the current economic climate. No changes were made as a result of the comments.
COMMENT: One commenter opposed adoption of the rules, stating that the
fee increases would price people out of boating.
AGENCY RESPONSE: The department, while extremely sensitive to such issues,
must disagree with the comments, and responds that the amount of the fee increases
is between $5 and $20. Of these, the recurring fees (registration) cover a
two-year period, meaning the fee increase would result in an annual increase
of between $2.50 and $10. Especially when compared with other costs associated
with boating, the fee increase should not discourage participation. No changes
were made as a result of the comments.
COMMENT: One commenter opposed adoption of the proposed rule on the basis
that fees should be based on boat size.
AGENCY RESPONSE: The department agrees that the fee should be based on
boat size and the fee structure proposed and adopted is based on boat size.
As a result, no changes were made based on this comment.
COMMENT: One commenter opposed adoption of the proposed rule, stating that
fees should be established by referendum.
AGENCY RESPONSE: The agency disagrees with the comment and responds that
the current statutory mechanism for setting boat fees provides for the fees
to be set by the Texas Parks and Wildlife Commission. There is no statutory
provision for the establishment of boat fees by referendum.
COMMENT: Three commenters opposed adoption of the proposed rule in general,
offering no specifics.
AGENCY RESPONSE: The agency disagrees with the comments in the sense that
the fee increases are necessary and justified, but cannot respond to the comments
because the specific nature of opposition is unknown. No changes were made
as a result of the comments.
The department received 23 comments supporting adoption of the proposed
amendment.
The amendment is adopted under Parks and Wildlife Code, §§31.026,
31.037, 31.047, and 31.048, which authorize the commission to set fees for
the issuance of original or renewal certificates of vessel numbers, duplicates,
and transfers, and certificates of title and expedited certificates of title
for boats.
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 4, 2003.
TRD-200303391
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: June 24, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 389-4775