Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 51.
EXECUTIVE
Subchapter A. PROCEDURES FOR THE ADOPTION OF RULES
31 TAC §§51.1, 51.3, 51.4
The Texas Parks and Wildlife Commission adopts the repeal
of §§51.1, 51.3 and 51.4, an amendment to §51.2, and new §51.3,
concerning petitions for rulemaking. New §51.3 is adopted with changes
to the proposed text as published in the October 6, 2000, issue of the
The department's current regulations governing petitions for rulemaking
have proved to be problematic, in that the length of time between commission
meetings occasionally causes a conflict with the requirement of Government
Code, §2001.021 that the department act upon a petition within 60 days.
The repeals, amendment, and new section are necessary for the agency to comply
with the provisions of Government Code. To remedy the situation, the department
proposes to refer petitions to the appropriate staff for evaluation and response
within 60 days, with simultaneous notification of the commission. Should a
member of the commission determine that further investigation or action is
necessary, a petition would then be placed on the next commission agenda for
action.
The amendment and new rule will require the department to refer petitions
to the appropriate staff for evaluation and response within 10 days, with
simultaneous notification of the commission and placement of the petition
on the next commission agenda.
The department received one comment opposing adoption of the rules. The
commenter stated that the requirements contained in §51.2(a)(1) constitute
prior restriction. The department disagrees with the comment and responds
that Government Code, § 2001.021, specifically requires each state agency
by rule to prescribe the form for a petition and the procedure for its submission,
consideration, and disposition. No changes were made as a result of the comment.
The repeals are adopted under Government Code, §2001.021,
which requires each state agency, by rule, to prescribe the form for petitions
and the procedure for submission, consideration, and disposition.
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 February 5, 2001.
TRD-200100745
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: February 25, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 389-4775
31 TAC §51.2, §51.3
The amendment and new rule are adopted under Government Code, §2001.021,
which requires each state agency by rule to prescribe the form for petitions
and the procedure for submission, consideration, and disposition.
§51.3.Consideration and Disposition.
(a)
The executive director, upon receipt of an administratively
complete petition, shall refer the petition to the appropriate agency personnel
for review and recommended action.
(b)
Within 10 days of receiving a petition from the executive
director, agency personnel shall make a recommendation to either deny the
petition or initiate rulemaking.
(c)
The executive director shall forward to each member of
the commission a copy of the petition and the staff recommendation and shall
verify that each commissioner has received a copy of the petition and the
staff recommendation.
(d)
If a member of the commission determines that further deliberations
are warranted, the executive director shall place the petition on the agenda
of the commission and notify the petitioner in writing of the date, time,
and place of the commission meeting at which the petition will be deliberated.
(e)
If, by the 60th day following the submission of the petition,
the staff recommendation has not been placed on the agenda of the commission,
the petition is denied and the department shall notify the petitioner in writing
of the staff recommendation and final disposition of the petition.
(f)
In the event that rulemaking is to be initiated as a result
of a petition involving any portion of Chapter 65, Subchapter A, of this title
(relating to Statewide Hunting and Fishing Proclamation), the department may
defer the rulemaking activity until such time as it initiates other rulemaking
activity involving Chapter 65, Subchapter A.
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 February 5, 2001.
TRD-200100746
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: February 25, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 389-4775
31 TAC §§51.21-51.57
The Texas Parks and Wildlife Commission adopts the repeal
of §§51.21-51.57, concerning Practice and Procedure in Contested
Cases, without changes to the proposal as published in the October 6, 2000,
issue of the
Texas Register
(25 TexReg 10120).
The repeals are necessary to eliminate regulations that are redundant of
existing statutory law.
The repeals will function to eliminate provisions in Title 31, Part 2 of
the Texas Administrative Code that are effectively identical to provisions
contained in Government Code, Chapter 2003.
The department received no comments concerning adoption of the proposed
repeals.
The repeals are adopted under Government Code, Chapter 2001.
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 February 5, 2001.
TRD-200100747
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: February 25, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 389-4775
31 TAC §51.131
The Texas Parks and Wildlife Commission adopts an amendment
to §51.131, concerning Litigation and Other Legal Action, without changes
to the proposed text as published in the October 6, 2000, issue of the
The amendment is necessary to provide a mechanism for the agency, if necessary,
to respond to multiple demands for litigation assistance.
The amendment would allow the executive director of the department to name
a designee to act on his or her behalf with regard to the provisions of the
rules.
The department received no comments concerning adoption of the proposed
rule.
The amendment is adopted under Government Code, Chapter 2001.
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 February 5, 2001.
TRD-200100748
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Effective date: February 25, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 389-4775
31 TAC §51.162
The Texas Parks and Wildlife Commission adopts an amendment
to §51.162, concerning Closely Related Nonprofit Organizations, without
changes to the proposed text as published in the October 6, 2000, issue of
the
Texas Register
(25 TexReg 10122).
The amendment is necessary for the agency to acknowledge and cooperate
with nonprofit entities without engaging in unwarranted rulemaking.
The amendment would eliminate the regulatory list of entities designated
by the department as being closely related. The department would still maintain
the list, amend it from time to time, and make it available to the public;
however, the list would not fall within the ambit of the agency's regulatory
activities, where it is not required by function or statute.
The department received one comment concerning adoption of the rule. The
commenter stated that the elimination of the list of closely-related nonprofit
organizations would prevent the public from knowing about the department's
relationship with the National Rifle Association. The department disagrees
with the comment and responds that the purpose of the amendment is to eliminate
the need to engage in unnecessary rulemaking. A list of closely-related nonprofit
organizations will still be maintained, and will be readily available to the
public. No changes were made as a result of the comment.
The amendment is adopted under Government Code, Chapter 2001.
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 February 5, 2001.
TRD-200100749
Gene McCarty
Chief of Staff
Texas Park and Wildlife Department
Effective date: February 25, 2001
Proposal publication date: October 6, 2000
For further information, please call: (512) 389-4775
Subchapter A. CONTRACTS FOR PUBLIC WORKS
Subchapter B. PRACTICE AND PROCEDURE IN CONTESTED CASES
Subchapter D. DEPARTMENT LITIGATION
Subchapter G. NONPROFIT ORGANIZATIONS
Chapter 61.
DESIGN AND CONSTRUCTION