Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 51.
EXECUTIVE
Subchapter O. ADVISORY COMMITTEES
The Texas Parks and Wildlife Commission adopts an amendment to §51.601,
concerning General Provisions, and new §51.644, concerning the Big Bend
Ranch State Park Task Force, without changes to the proposed text as published
in the December 23, 2005, issue of the
Texas Register
(30 TexReg 8624).
The amendment to §51.601 is necessary to allow department staff to
informally consult with groups of experts and interested persons regarding
contemplated rulemaking actions. The Administrative Procedure Act authorizes
a state agency to "use an informal conference or consultation to obtain the
opinions and advice of interested persons" and to "appoint committees of experts
or interested persons or representatives of the public" in an effort to obtain
advice about anticipated rulemaking. Tex. Gov't Code §2001.031. Periodically,
rulemaking issues arise about which department staff would benefit from advice
and opinions from interested and knowledgeable persons. Therefore, the department
proposes adding subsection (m) to §51.601 to authorize the executive
director of the department to appoint ad hoc advisory committees to advise
department staff regarding rulemaking actions. Such committees would continue
for no longer than one year, unless reappointed.
New §51.644 is necessary to implement the requirements of Government
Code, Chapter 2110, and Parks and Wildlife Code, §11.0162. The Texas
Parks and Wildlife Code authorizes the Chairman of the Texas Parks and Wildlife
Commission (the commission) to appoint advisory committees and to "adopt rules
that set the membership, terms of service, qualifications, operating procedures,
and other standards to ensure the effectiveness of an advisory committee appointed
under this section." Tex. Parks & Wild. Code §11.0162. An advisory
committee is a committee, council, commission, board, or task force or other
entity with multiple members that has as its primary function advising a state
agency in the executive branch of state government. Tex. Gov't Code §2110.001.
The Texas Government Code, Chapter 2110, requires that a state agency adopt
rules regarding each agency advisory committee. Unless otherwise provided
by specific statute, the rules must (1) state the purpose of the committee;
(2) describe the manner in which the committee will report to the agency;
and (3) establish the date on which the committee will automatically be abolished,
unless the advisory committee has a specific duration established by statute.
Tex. Gov't Code §§2110.005, 2110.008. Chapter 2110 also contains
other requirements for advisory committees, such as annual evaluation, a limit
of 24 members, balanced membership representation, selection of presiding
officer by members, and four-year duration unless otherwise provided by rule.
Tex. Gov't Code §§2110.002, 2110.003, 2110.006, 2110.008.
New §51.644 would establish the Big Bend Ranch State Park Task Force
to advise the department on issues relevant to Big Bend Ranch State Park.
Effective September 28, 2005, the commission adopted rules addressing department
advisory committees, including §51.601, which addressed membership and
the expiration date of advisory committees. The proposed new Big Bend Ranch
State Park Task Force would be subject to §51.601. Therefore, the proposed
Big Bend Ranch State Park Task Force will have no more than 24 members and
will expire on the fourth anniversary of its creation.
The rules are necessary to comply with the requirements of Government Code,
Chapter 2110, which require each state agency to adopt rules regarding each
agency advisory committee.
The department received six comments concerning adoption of the proposed
rules.
One commenter opposed adoption of subsection (c), stating that the rule
language, ". . . an advisory committee will address only those matters about
which advice is sought" should be stricken. The commenter stated that it was
bad management and that the committee should utilize the full experience,
knowledge, background, and creativity of all 24 members. The department agrees
with the comment and responds that sentence in question is not intended to
define the committee's ability to address issues germane to Big Bend Ranch
State Park. Instead, the provision is intended to articulate the department's
desire that each committee stay focused on advising the department or commission
on the specific subject area for which it was constituted. No changes were
made as a result of the comment.
One commenter opposed adoption of the rule but did not elaborate a reason
for opposition. No changes were made as a result of the comment.
The department received five comments supporting adoption of the proposed
rule.
No associations or groups commented on adoption of the proposed rule.
1.
GENERAL REQUIREMENTS
31 TAC §51.601
The amendment is adopted under the authority of Parks and
Wildlife Code, §11.0162 and Government Code, §2110.005 and §2110.008.
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 3, 2006.
TRD-200600600
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: February 23, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 389-4775
5.
STATE PARKS