Part 1. GENERAL LAND OFFICE

Chapter 3. GENERAL PROVISIONS

Subchapter C. PURCHASING

31 TAC §3.30

The Texas General Land Office (GLO) proposes under Title 31, Part 1, Chapter 3 a new Subchapter C, relating to Purchasing and proposes within this subchapter a new §3.30, relating to Historically Underutilized Businesses Program.

In 1999, the 76th Legislature mandated that each state agency adopt the General Services Commission's rules regarding Historically Underutilized Businesses (HUB). These rules apply to each agency's construction projects and purchases of goods and services paid for with state appropriated funds.

Larry Soward, Chief Clerk of the GLO, has determined that for each year of the first five years the new section is in effect, there will no negative fiscal implications to state or local government as a result of enforcing or administering the section.

Mr. Soward has also determined that for each year of the first five years the section as proposed is in effect, the public will benefit by ensuring that all qualified businesses have access to compete for business from the state. By adopting the General Services Commission's rules by reference, contract awards to historically underutilized businesses for the purchase of goods or services or for construction projects will be ensured. There will no effect on small businesses. There is no anticipated cost to persons who are required to comply with the proposed new section.

Comments may be submitted to Melinda Tracy, Legal Services, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711-2873.

The new section is proposed under Texas Natural Resources Code, Chapter 31, §31.051 which provides the Commissioner of the General Land Office with the authority to promulgate rules for the conduct of the work of the General Land Office.

Texas Government Code §2161.003 is affected by this proposed action.

§3.30.Historically Underutilized Businesses Program.

In accordance with Texas Government Code §2161.003, the Texas General Land Office adopts by reference Title 1, Part 5, Chapter 111, Subchapter B, relating to Historically Underutilized Business Program of the Texas Administrative Code.

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 12, 2001.

TRD-200104018

Larry Soward

Chief Clerk

General Land Office

Earliest possible date of adoption: August 26, 2001

For further information, please call: (512) 305-9129

Chapter 65. WILDLIFE

Subchapter D. DEER MANAGEMENT PERMIT

31 TAC §65.132, §65.136

The Texas Parks and Wildlife Department proposes amendments to §65.132 and §65.136, concerning Deer Management Permit. The amendment to §65.132, concerning Permit Application and Fees, would establish a one-year period of validity for permits issued under the subchapter and would allow more department employees to approve deer management plans. The amendment is necessary to establish an explicit period of validity for permits, and to give the department the ability to avoid potential administrative bottlenecks with respect to the application and approval process. The amendment to §65.136, concerning Release, would alter the current requirement that deer held under a deer management permit be released no earlier than March 1 and replace that date with April 1. The amendment is necessary to ensure that deer held under a deer management permit are not subject to trapping activities under a permit to Trap, Transport, and Transplant Game Animals and Game Birds (Triple T permit). The department's trapping period for Triple T deer ends March 31. The amendment is intended to prevent the deer management permit from being used simply as a method for producing deer for relocation.

Robert Macdonald, regulations coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of enforcing or administering the rules.

Mr. Macdonald has also determined that for each of the first five years the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the rules as proposed will be a more efficient process for quickly getting permits to qualified applicants and the preservation of the legislative intent of Parks and Wildlife Code, Chapter 43, Subchapter R, which was to allow for reproductive management of resident deer on private property.

There will be no adverse economic effect on small businesses, microbusinesses, or persons required to comply with the rules as proposed.

The department has not filed a local impact statement with the Texas Workforce Commission as required by 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 rules.

Comments on the proposed rules may be submitted to Jerry Cooke, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4774 or 1-800-792-1112 extension 4774 (e-mail: jerry.cooke@tpwd.state.tx.us).

The rules are proposed under Parks and Wildlife Code, §43.603, which authorizes the commission to establish conditions governing a permit issued under Parks and Wildlife Code, Chapter 43, Subchapter R.

The proposed rules affect Parks and Wildlife Code, Chapter 43, Subchapter R.

§65.132.Permit Application and Fees.

(a) Applicants for a DMP shall complete and submit an application on a form supplied by the department. Applications for a DMP shall be accompanied by a deer management plan containing the information stipulated by the application form and the nonrefundable fee as specified in §53.8 of this title (relating to Miscellaneous Wildlife Licenses and Permits). Incomplete applications will be returned to the applicant and will not be processed until complete. A [ No ] DMP will [ may ] be issued following the approval of [ until ] the applicant's deer management plan [ has been approved ] by a Wildlife Division technician or biologist assigned to write wildlife management plans [ department employee classified as Conservation Scientist VI or higher ].

(b) A permit under this subchapter is valid from September 1 of one year through August 31 of the immediately following year.

§65.136.Release.

(a) Release of deer shall be effected by removing, for a continuous distance of no less than 100 yards, those components of a pen that serve to maintain deer in a state of detention within the pen. Such components shall be removed for no fewer than 60 consecutive days. The provisions of this subsection may be altered, provided the specific details of the release technique are included in the applicant's deer management plan and are approved by the department.

(b) No deer held under a DMP shall be released between September 1 and April 1, [ March 1, ] unless such release is approved by the department in the applicant's management plan.

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 12, 2001.

TRD-200104008

Gene McCarty

Chief of Staff

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 26, 2001

For further information, please call: (512) 389-4775