Part II.
Texas Parks and Wildlife Department
Chapter 53.
Finance
Subchapter E. Selling Price of Departmental Information
31 TAC §53.35
Texas Parks and Wildlife proposed amendment to §53.35
of its administrative rules concerning release of customer information sets
out the Department policy for reduced rates for nonprofit organizations and
other small requests for customer information.
Melanie Callahan, Finance Director, has determined that for each of the
first five years that the proposed section is in effect, there will be no
negative financial implication to state or local governments as a result of
enforcing or administering the proposed section.
Ms. Callahan also has determined that for each of the first five years
the proposed section is in effect, the public benefit anticipated as a result
of the amended rules as proposed will be increased satisfaction with the consistency
and fairness of department customer-list-release rules.
There will be no effect on small businesses. There is no economic costs
to persons required to comply with the new amended rules as proposed because
the rules allow for reduced rates for obtaining customer lists.
The department has not filed a local impact statement with the Texas Workforce
Commission as required by Government Code Section 2001.022, as this agency
has determined that the rules as proposed will not impact local economies.
The department has determined that there will not be taking of private
real property, as defined by Government Code, Chapter 2007, as a result of
the proposed rules.
Comments on the proposed rules may be submitted to Judy Doran, Texas Parks
and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512)
389-4329, or 1-800-792-1112 or by fax (512) 389-4482.
The proposed rule is authorized by, Texas Parks and Wildlife
Code, §11.030, which requires the commission to adopt by rule the policies
for the sale of a mailing list consisting of the names and addresses of persons
who purchase customer products, licenses, or services.
The proposed rule affects Parks and Wildlife Code, Chapter 11.
§53.35.Release and Sale of Customer Information.
(a)-(c)
(No change.)
(d)
The department may release customer information, except
personal information, without charge or at a reduced fee when the executive
director deems that release of such information is in the best interest of
the state
; and
[
(1)
A non profit group or organization
which is specifically organized to promote the statewide goals and missions
of Texas Parks and Wildlife Department, upon approval of its request, can
obtain the lists at the Department's cost. The release of the list will be
for a one-time use only and any mailing using the lists must be reviewed and
approved by the Department before the data is released;
(2)
A nonprofit group or organization
that is not specifically organized to promote the statewide goals and missions
of Texas Parks and Wildlife Department but that has stated goals which benefit
the Department, upon approval of its request, can obtain the list at one-half
of the market price. The release of the list will be for a one-time use only
and any mailings must be reviewed and approved by the Department before the
data is released;
(3)
Texas Parks and Wildlife
Department will treat citizens' requests for information on individuals, businesses
and other entities who have received a license or permit from the Department
as Public Information requests and furnish the names and addresses for the
Department's cost if the request is for a small number of names and if disclosure
of names and addresses requested is not otherwise prohibited by law. Should
the Requestor ask for a large number of such names, the market price will
be charged. A request for customer names and addresses for publishing on the
INTERNET or other widely distributed media will not be honored if the request
is for a large number of names and the Department will not honor requests
for customer lists to be published on the INTERNET or other widely distribute
media for purposes that are contrary to our goals and mission or are otherwise
not in the best interest of the state.
(4)
Requests for TPW lists
for research purposes only will be furnished to the Requestor at cost or with
costs waived; provided the Requestor agrees in writing to furnish TPW the
methodology, all data and conclusions resulting from use of the list(s).
(e)-(f)
(No change.)
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 April
19, 1999.
TRD-9902254
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 30, 1999
For further information, please call: (512) 389-4775
Subchapter E. Permits to Sell Nongame Fish Taken From Public Freshwater
31 TAC §57.381, §57.382
The Texas Parks and Wildlife Department proposes amendments
to §§57.381-57.382 concerning Permits to Sell Non-game Fish. The
proposed changes are intended to simplify the permitting and reporting procedures.
Proposed amendments to §57.381 will require that all permits expire
on December 31st of the year issued, while amendments to section §57.382
will require annual reports to be submitted to the department by the 10th
day of December, and require monthly reports to be maintained at the permittee's
address for one year.
Mr. Joedy Gray, Inland Fisheries Division, has determined that for each
of the first five years that the proposed sections are in effect, there will
be no negative financial implication to state or local governments as a result
of enforcing or administering the proposed sections.
Mr. Gray also has determined that for each of the first five years the
proposed sections are in effect the public benefit anticipated as a result
of enforcing the rules as proposed will be increased vendor participation
and satisfaction with the consistency and fairness of department purchasing
rules.
There will be no effect on small businesses. There is no additional economic
costs to persons required to comply with the rules as proposed because such
rules in similar have been in effect at General Services Commission for some
time. The Commission handles the bulk of state purchasing.
The department has not filed a local impact statement with the Texas Workforce
Commission as required by Government Code, Section 2001.022, as this agency
has determined that the rules as proposed will not impact local economies.
Comments on the proposed rules may be submitted to Joedy Gray, Inland Fisheries
Division, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin,
Texas 78744; (512) 389-8037 or 1-800-792-1112.
The sections are proposed under Parks and Wildlife Code, §67.0041
which provides statutory authority to the Commission to regulate the sale
of nongame fish taken from public waters.
The rules as proposed affect Parks and Wildlife Code, § 67.0041.
§57.381.Permit Specifications and Requirements.
(a)
A permit issued by the department to sell nongame fish
taken from public fresh water shall specify:
(1)-(5)
(No change.)
[
the period of time the
permit is valid. ]
(b)-(g)
(No change.)
(h)
All permits issued under these
rules expire on December 31 of the year issued.
§57.382.Harvest and Sales Reports.
Annual
[
(1)
Annual
[
[
Reports must be submitted
for months in which no permitted activity occurred.]
(2)
[
(A)
species name;
(B)
number of individuals;
(C)
number of pounds;
(D)
means and methods used to take each species;
(E)
water body from which each species was taken; and
(F)
price received, per pound, of each species sold.
[
A permittee's failure
to submit three consecutive reports will initiate proceedings for permit revocation.
]
(3)
[
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 April
19, 1999.
TRD-9902256
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: May 30, 1999
For further information, please call: (512) 389-4775
Subchapter A. Statewide Hunting and Fishing Proclamation
2.
Open Seasons and Bag Limits--Hunting Provisions
.
]
Chapter 57.
Fisheries
(6)
Monthly
] harvest and sales reports must
be submitted by the permittee to the department on forms provided by the department.
Harvest and sales
] reports
must be received by the department on or before the 10th day of
December
each year
[
each month during the period of the permit's validity
].
(2)
(3)
] Reports must include
for each species taken:
(4)
(5)
] Permittee must maintain
sales receipts for all nongame fish sold for a period of one year from date
of sale, and these receipts must be available for examination by authorized
employees of the department.
Chapter 65.
Wildlife