PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
SUBCHAPTER A. FEES
DIVISION 2. FACILITY ADMISSION AND USE FEES
The Texas Parks and Wildlife Department (the department) adopts an amendment to §53.30, concerning Facility Admission and Use Fees, with changes to the proposed text as published in the April 18, 2008, issue of the Texas Register (33 TexReg 3161).
The change to §53.30(5)(C)(iii)(III) would reduce the fee range for use of the shooting range to $10 to $40. The department inadvertently proposed a fee range of $20 to $40.
The amendment reorganizes the fee structure for reserving and using facilities on the Parrie Haynes Ranch; establishes minimum fees for department-provided meal services; creates a fee discount for facility use by youth groups; adds definitions to clarify words and terms; increases the amounts of existing fee ranges; waives fees for sub-lessees and persons participating in volunteer activities; and clarifies that the use of specific ranch facilities is by reservation only.
The Parrie Haynes Ranch is a 4,525-acre property the department leases from the Texas Youth Commission. During summer months, the department, with the consent of the Texas Youth Commission, subleases the property to the C5 Youth Foundation (formerly Camp Coca-Cola) for the operation of a camp for high-potential youth from risk-filled environments. In addition, the C5 Youth Foundation has made significant infrastructure improvements to and investments in the Parrie Haynes Ranch in support of the operation of the camp. To the extent that other uses do not conflict with the use of the ranch by the C5 Foundation and are consistent with the department's mission and the department's lease from the Texas Youth Commission, the department manages the property as an outdoor learning center and conference, environmental, and equestrian facility serving primarily youth.
The current fee structure does not address the complete range of facilities and activities available on the ranch and the current fee ranges specified by rule are insufficient to recover the majority of the cost of operating the facility. The rules reconfigure the fee structure to account for all facilities and activities available to the public, stipulate the fee range for each facility or activity, and provide for a fee discount for youth groups. The amendment is intended to allow the department to recover a larger percentage of operational expenses while continuing to provide affordable opportunity for organizations and entities, especially youth groups.
The rule in effect prior to this rulemaking addressed fee ranges in a very broad fashion for ranch facility components. The department determined that it was necessary to assign fee ranges more specifically on the ranch. For instance, the previous rule specified individual fee ranges only for the larger houses on the ranch, and an aggregate fee range for "lodging," by which was meant the small cabins on the ranch. Because the facilities on the ranch are not all the same, the amendment as adopted identifies the specific smaller components such as cabins, meeting rooms, pavilion, and pool and assigns specific fee ranges to each.
Additionally, the amendment creates definitions, makes clarifications, and adds stipulations as noted.
The amendment to §53.30(5)(A) defines the meanings of specialized words and terms used in the paragraph for purposes of providing for the unambiguous interpretation of the paragraph or to reduce repetition of lengthy phrases.
For the sake of avoiding needless repetition, the amendment to §53.30(5)(A)(i) defines "rig" to mean a tandem of one vehicle and one horse trailer.
The amendment to §53.30(5)(A)(ii) defines "volunteer" as "a person the department has authorized to access the Parrie Haynes Ranch to provide maintenance, development, program delivery, or other similar assistance to the Parrie Haynes Ranch." The definition is necessary because another provision of the amendment would waive all fees for volunteers and the department wishes to be clear as to what is meant by the term.
The amendment to §53.30(5)(A)(iii) defines the term "youth group" as "a group at least 60% of which are 17 years of age or younger." The department chose 17 years of age as the maximum age for youth in order to be consistent with the statutory definition of "youth" in the Parks and Wildlife Code (e.g., §§11.0172(a)(2), 61.058, 62.014). The minimum percentage composition of youth necessary for a group to qualify as a youth group is based on the minimum level of adult supervision acceptable to the department and is consistent with criteria used by most school districts for supervision of children on away-from-school activities.
The amendment to §53.30(5)(B) clarifies that use of specific ranch facilities by the public is on a reservation-only basis. Use of the Parrie Haynes Ranch facilities and activities (other than the equestrian center) is restricted to reservation-only because the ranch is not staffed or otherwise equipped to handle walk-up business.
The Parrie Haynes Ranch consists of two areas, the Hilltop Complex on the west side of the ranch, and the Equestrian Center on the east side of the ranch. The amendment to §53.30(5)(C) establishes fee ranges for the various facilities on the Hilltop Complex portion of the ranch. The fee ranges were developed with the intent of providing facilities and services at prices similar to those found at comparable facilities elsewhere in the state. The department compared rental prices for cabins, houses, meeting rooms, dining halls, pavilions, pools, and day use at Belton Lake Outdoor Recreation Center, Heart of Texas Baptist Encampment, Pine Cove Retreats, McKinney Roughs and Canyon of the Eagles (Lower Colorado River Authority), Camp Allen, the Texas 4-H Center, and the T-Bar-M resort and has determined that the proposed fee ranges are consistent with comparable fees for similar facilities and activities.
The amendment to §53.30(5)(D) establishes fee ranges for camping and day use on the ranch. For the purposes of these rules, the department views camping as overnight visitation that does not include lodging in one of the buildings on the ranch. The camping fees are established at two levels, primitive and with recreational vehicle electrical hookup.
The amendment to §53.30(5)(E) establishes fee ranges for use of the Equestrian Center. In addition, the amendment allows the closure of the equestrian center to overnight visitation and the waiver of fees by order of the executive director when necessary to address staffing and management priorities. The provision is necessary because the ranch is minimally staffed.
The amendment to §53.30(5)(F) establishes a fee range for meals provided by the department. The minimum fee for meal service will be calculated on the basis of a 25-person party. The Parrie Haynes Ranch is minimally staffed; meal preparation, service, and cleanup represent a significant operational investment of staff time and cannot be provided on a cost-effective basis for fewer than 25 people.
The amendment to §53.30(5)(G) provides for exceptions to the provisions of the rule. The amendment to §53.30(5)(G)(i) establishes a standard 40% discount on fees for the use of certain ranch facilities by youth groups. As noted earlier, the Parrie Haynes Ranch was donated to the state for the benefit of youth and is leased by the department from the Texas Youth Commission for that purpose. In order to provide affordable opportunities for groups and organizations that serve youth populations, the department believes that fees for youth groups should be substantially less than those charged to other groups and individuals.
The Parrie Haynes Ranch is used by other governmental entities under interagency and interlocal contracts pursuant to the requirements of Government Code, Chapters 771 and 791; therefore, the amendment to §53.30(5)(G)(ii) would note that fact for the sake of clarity.
The amendment to §53.30(5)(G)(iii) also waives all fee requirements for volunteers and Texas Youth Commission-approved sub-lessees. In operating and maintaining the Parrie Haynes Ranch the department receives donated labor and program delivery benefits from volunteer individuals and organizations. The amendment waives the fees for such persons in order to maximize and encourage volunteer activities on the ranch. As previously noted, the department subleases the property to the C5 Youth Foundation (formerly Camp Coca-Cola), for the operation of a camp for high-potential youth from risk-filled environments. The camp is operated completely at the expense of the C5 Youth Foundation and therefore the department believes it is appropriate to waive all fees for the camp.
The amendment to paragraph (5) also standardizes terminology by creating standard rental time-unit of a "24-hour period" to replace current references to "per night" and "per day" as they occur throughout the rule.
The rule as adopted will function by assigning a fee or fee range to each of the facilities and services available to the public on the Parrie Haynes Ranch.
The department received two comments opposing adoption of the proposed amendment. Both commenters offered a specific explanation or rationale for opposing adoption. Those comments, accompanied by the agency's response, are as follows.
One commenter opposed adoption and stated that prices are already too high. The department disagrees with the commenter and responds that current fees on the Parrie Haynes Ranch are insufficient to recoup a reasonable percentage of the cost of operating the ranch. Therefore, the department must raise fees in order to maintain current levels of service to the public. The department also notes that the fees as adopted are consistent with other, similar facilities in the state. No changes were made as a result of the comment.
One commenter opposed adoption and stated that $40 per night is too high for the Cowboy Cabin. The department disagrees with the comment and responds that the $40 per night fee is the upper boundary of the fee range and the fee range as adopted is consistent with the prices charged for similar accommodations elsewhere in the state. No changes were made as a result of the comment.
The department received four comments supporting adoption of the proposed amendment.
No groups or associations commented on adoption of the proposed amendment.
The amendment is adopted under Parks and Wildlife Code, §11.027, which authorizes the commission to establish and provide for the collection of a fee for entering, reserving, or using a facility or property owned or managed by the department.
§53.30.Facility Admission and Use Fees.
As determined and authorized by the executive director, the department may charge entrance and facility use fees within the ranges established or the amounts specified in this section.
(1) Texas Freshwater Fisheries Center.
(A) The department may charge entrance fees, not to exceed $6 for daily entrance, and $15 for an annual pass.
(B) The executive director, or his designee, may:
(i) establish additional entrance requirements for student groups and teachers as necessary, to enhance student utilization of the center; and
(ii) waive fee requirements when such a waiver is in the best interest of the public or the department.
(C) Rental and use fees for meeting/convention room rental--$0 to $500.
(2) Sea Center Texas.
(A) daily entrance--$0 to $5; and
(B) annual pass--$0 to $20.
(3) Old Tunnel Wildlife Management Area. Entrance fees:
(A) visitors under five years of age--free
(B) visitors 6-16 years of age--$2 to $5;
(C) visitors over 16 years of age--$5 to $10;
(D) visitors 65 years of age and over--$3 to $5;
(E) group tours--$75 to $90; and
(F) youth group tours--$40 to $50.
(4) Mason Mountain Wildlife Management Area.
(A) bunk (per night)--$20 to $24;
(B) room (per night)--$60 to $72; and
(C) Big House rental--$300 to $360 per day.
(5) Parrie Haynes Ranch.
(A) Definitions.
(i) Rig--a vehicle/horse trailer tandem;
(ii) Volunteer--a person the department has authorized to access the Parrie Haynes Ranch to provide maintenance, development, program delivery, or other similar assistance to the Parrie Haynes Ranch; and
(iii) Youth group--a group at least 60% of which are 17 years of age or younger.
(B) General. Use of the Parrie Haynes Ranch facilities listed in subparagraphs (C), (D) and (F) of this paragraph is on an as-available basis by reservation only.
(C) Facility fees. On the basis of availability, use of the Longhorn Lodge, Hoblitzelle Activity Pavilion, Rio Vista Hall, Buffalo Bunkhouse Meeting Rooms, and Pool is included for groups of 25 or more persons who purchase lodging and meals at the Hilltop Complex.
(i) Lodging.
(I) Mountain Laurel House--$150 to $250 per 24-hour period;
(II) Lone Star House--$250 to $400 per 24-hour period;
(III) Buffalo Bunkhouse--$300 to $600 per 24-hour period;
(IV) Cabins (Llano, Frio, Comal, Lantana, Primrose, Rattlesnake, Hawk, Coyote, and Bobcat)--$300 to $500 per 24-hour period, subject to applicable occupancy restrictions; and
(V) Rustic Hunter's Cabin--$50 to $100 per 24-hour period.
(ii) Other facilities.
(I) Longhorn Lodge (classroom)--$150 to $250 per 24-hour period;
(II) Hoblitzelle Activity Pavilion--$100 to $150 per 24-hour period;
(III) Buffalo Bunkhouse (meeting rooms)--$50 to $150 per 24-hour period;
(IV) Rio Vista Hall--$150 to $250 per 24-hour period;
(V) pool--$150 to $250 per 24-hour period (lifeguard not provided).
(iii) Miscellaneous.
(I) kayak rental--$10 to $40 per kayak per 24-hour period;
(II) ropes challenge course--$10 to $40 per person per 24-hour period (must be accompanied by or include at least one certified facilitator provided by the user).
(III) shooting range--$10 to $40 per person per 24-hour period (must be accompanied by or include at least one person, provided by the user, who is certified by the department or the National Rifle Association as a hunter education instructor); and
(IV) Hilltop equestrian arena--$200 to $300 per 24-hour period.
(V) Youth Hunting Package (maximum: two nights, lodging (Rustic Hunter's Cabin) and hunting only)--$20 to $60 per person per 48-hour period;
(D)camping and day use:
(i) camping:
(I) primitive--$5 to $20 per person per 24-hour period; and
(II) RV/electrical connection--$16 to $30 per 24-hour period.
(ii) day use: $3 to $15 per person per 24-hour period.
(E) Equestrian Center fees. When necessary to address staffing and management priorities, the Executive Director by order may close the equestrian center to overnight visitation and waive the fees established in this subparagraph.
(i) Day use (includes overnight, no lodging)--$10 to $20 per 24-hour period per rig;
(ii) Overnight (with electrical hook-up)--$16 to $30 per 24-hour period per rig;
(iii) Extra vehicle--$5 to $15 per 24-hour period;
(iv) Cowboy Cabin--$20 to $40 per 24-hour period;
(v) Hideout Clubhouse (including porch)--$120 to $200 per 24-hour period; and
(vi) Hideout Clubhouse (porch only)--$60 to $80 per 24-hour period.
(F) Meals.
(i) Meal fees shall be from $5 to $25 per person per meal, depending on the meal plan selected.
(ii) For groups of fewer than 25 people, the minimum meal fee shall be the fee that would be charged to a group of 25 persons, depending on the meal plan selected.
(G) Exceptions.
(i) The fees listed in subparagraph (C)(i) of this paragraph shall be discounted by 40% for youth groups.
(ii) Use of the Parrie Haynes Ranch by governmental entities shall be by agreement according to the relevant provisions of Government Code, Chapters 771 and 791, regarding Interagency Cooperation and Interlocal Cooperation.
(iii) Volunteers are exempt from all fee requirements.
(iv) Existing subleases of Parrie Haynes Ranch approved by the Texas Youth Commission are exempt from the provisions of this section.
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 27, 2008.
TRD-200803381
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: July 17, 2008
Proposal publication date: April 18, 2008
For further information, please call: (512) 389-4775