Part 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
Subchapter O. ADVISORY COMMITTEES
The Texas Parks and Wildlife Commission adopts the repeal of §51.651 and amendments to §51.607 and §51.608, concerning advisory committees, without changes to the proposed text as published in the February 22, 2008, issue of the Texas Register (33 TexReg 1488).
The rules as adopted repeal the advisory committee rules regarding the Operation Game Thief Committee and restructure the agency's two game bird advisory committees.
The repeal of §51.651 and the amendments to §51.607 and §51.608 are necessary to more accurately reflect the status of the Operation Game Thief Committee and to address the restructuring of the agency's game bird advisory committees.
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.
For a number of years, the department has sought advice from interested persons and groups about the functions of the departments. Such input is important as the commission and the department carry out the agency's mission. The formation of advisory committees is an efficient and effective method of obtaining necessary and useful input. The department does not reimburse advisory committee members for their expenses or otherwise compensate advisory committee members.
Under Government Code, Chapter 2110, unless otherwise provided by specific statute, for each official advisory committee, a state agency must adopt rules that (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. Tex. Gov't Code, §§2110.005, 2110.008. Government Code. Chapter 2110 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. Effective in September 2005, the Commission adopted rules regarding each of the agency's advisory committees. Those rules included the Operation Game Thief Advisory Committee, the Game Bird Advisory Board and the Texas Quail Council.
The repeal of §51.651, concerning Operation Game Thief Advisory Committee, is necessary because the department has determined that it is not necessary to maintain the committee by rule. The Operation Game Thief Committee is established by statute under Parks and Wildlife Code, §12.202, to make reward payments and death benefit payments from the Operation Game Thief fund. As a result, the Operation Game Thief Committee is not clearly an advisory committee under Government Code, Chapter 2110.In addition, there are currently other more specific rules regarding the Operation Game Thief program under 31 TAC §§55.111 - 55.116.
The amendments to §51.607, concerning the Game Bird Advisory Board, and §51.608, concerning the Texas Quail Council, reconfigure those two sections. The amendment to §51.607 changes the name of the Game Bird Advisory Board to the Migratory Game Bird Advisory Board. The amendment also limits the scope of the committee's role to those issues affecting migratory game birds.
The amendment to §51.608 changes the name of the Texas Quail Council to the Upland Game Bird Advisory Board. The amendment also expands the scope of the committee's role to include issues affecting all upland game birds. Although the scope of this committee's role has been expanded, issues involving quail will continue to be an important component of this committee's role.
The changes to the two game bird advisory committees will also more closely align the advisory committee structure with current law regarding hunting stamps. In 2005 the 79th Texas Legislature repealed the turkey stamp, the white-winged dove stamp, and the duck stamp and replaced them with the upland game bird stamp and the migratory game bird stamp. By statute, revenues from the sale of the respective stamps are specifically dedicated to habitat acquisition, research, and management of upland game birds and migratory game birds, respectively. Since the department's research and management activities now reflect this dichotomy, the department has determined that is appropriate and necessary for the charges to the department's advisory boards to be similarly delineated. Therefore, the amendments replace the Game Bird Advisory Board with the Migratory Game Bird Advisory Board and the Texas Quail Council with the Upland Game Bird Advisory Board.
The repeal of §51.651 will function by eliminating regulations that are not necessary. The amendments to §51.607 and §51.608 will function by making the regulations governing the department's game bird advisory boards reflect the department's operational and organizational approaches to game bird management.
The department received three comments opposing adoption of the proposed rules. Of those comments, one expressed a specific rationale or reasoning for opposing adoption. That comment, accompanied by the department's response to each, is as follows.
One commenter opposed adoption and stated that committee members should not be reimbursed. The department agrees with the comment and responds that advisory board members do not receive reimbursement of any kind. No changes were made as a result of the comment.
The department received 14 comments supporting adoption of the rules as proposed.
No groups or associations commented on the proposed rules.
The amendments are adopted under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005, 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 April 15, 2008.
TRD-200801977
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: May 5, 2008
Proposal publication date: February 22, 2008
For further information, please call: (512) 389-4775
The repeal is adopted under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §§2110.005, 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 April 15, 2008.
TRD-200801978
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: May 5, 2008
Proposal publication date: February 22, 2008
For further information, please call: (512) 389-4775
Subchapter A. FEES
DIVISION 1. LICENSE, PERMIT, AND BOAT AND MOTOR FEES
The Texas Parks and Wildlife Commission adopts an amendment to §53.10, concerning Public Hunting and Fishing Permits and Fees, without changes to the proposed text as published in the February 22, 2008, issue of the Texas Register (33 TexReg 1490).
The amendment allows the purchase of Big Time Texas Hunt (BTTH) entries via the department's web site for $9 per entry. Parks and Wildlife Code, §11.0271, authorizes the department to conduct public drawings for public hunting privileges and to charge a participation fee for the drawings. The BTTH program offers selected special hunting opportunities to the public by random drawing from a pool of applicants who have purchased an entry or entries. There is no limit on the number of entries a person may purchase. The proceeds from the sale of the entries are used to provide the hunting opportunities and to supplement the department's public hunting programs.
The department believes that the offer of a reduced price for entries purchased via the Internet will encourage customers to make such purchases via the Internet and result in increased participation in BTTH drawings. Increased sales of BTTH entries will increase revenues to support the department's public hunting program.
In addition, a reduced price for Internet entries will also support the department's effort to more fully use the Internet to provide information to potential BTTH participants about the benefits of the BTTH program. Historically, TPWD has been very successful in obtaining BTTH participation by providing BTTH information by direct mail to certain hunting and fishing license holders and previous BTTH purchasers. However, the costs associated with such direct mail efforts continue to rise. The department believes that it can reduce these costs by expanding its email communications to those online customers who prefer to be reached via this method. Such methods of communication will also enhance the convenience with which a person may purchase one or more BTTH entries. The department believes that the reduced price for Internet purchases of BTTH entries will assist the department in expanding efforts to encourage participation in BTTH and increase BTTH purchases without an increase in cost to the department.
The amendment as adopted will function by establishing a fee of $9 per entry for BTTH entries purchased via the department's website.
The department received 11 comments opposing adoption of the proposed rules. Of those comments, four expressed a specific rationale or reasoning for opposing adoption. Those comments, accompanied by the department's response to each, are as follows.
One commenter opposed adoption and stated that the fee for BTTH entries should be the same, irrespective of method of purchase. The department disagrees with the comment and responds that a reasonable fee reduction should be offered to those who purchase BTTH entries in a manner that is more cost-efficient to the department than the current method. No changes were made as a result of the comment.
One commenter opposed adoption and stated that should not be any price increase. The department agrees with the commenter. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the rule discriminated against rural and older hunters who do not have reliable access to the Internet. The department disagrees with the comment and responds that according to the Pew Internet and American Life Project, over 73% of Americans had access to the Internet in 2006. The U.S. Census Bureau in 2003 estimated that approximately 30% of Internet users are aged 65 and older. The department believes that Internet usage by all demographic groups will increase and that the rule as adopted is not discriminatory. No changes were made as a result of the comment.
One commenter opposed adoption and stated that the department should offer reduced fees for the online purchase of entries for public hunting opportunities. The department responds that the rule proposal was limited to the BTTH program and did not affect the public hunting programs operated by the department. No changes were made as a result of the comment.
The department received 20 comments supporting adoption of the proposed rule.
No groups or associations commented on the proposed rule.
The amendment is adopted under the authority of Parks and Wildlife Code, §11.0271, which requires the commission to set any fees for participation in a drawing to select applicants for public hunting privileges.
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 April 15, 2008.
TRD-200801979
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Effective date: May 5, 2008
Proposal publication date: February 22, 2008
For further information, please call: (512) 389-4775