TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 51. EXECUTIVE

The Texas Parks and Wildlife Commission in a duly noticed meeting on November 3, 2016 adopted amendments to §§51.204, 51.208, 51.213, 51.304, 51.350, and 51.750 without changes to the proposed text as published in the September 30, 2016, issue of the Texas Register (41 TexReg 7678). The amendments are a result of the department’s review of its regulations under the provisions of Government Code, §2001.039, which requires a state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

The amendment to §51.204, concerning Notice of Claim of Breach of Contract, replaces the reference to a "unit's chief administrative officer" in subsection (b) with the term "division director," which more accurately describes the department’s organizational structure. Similarly, the amendment replaces the reference to "unit" in subsection (c) with "department" to more accurately describe the addressee of the required notice.

The amendment to §51.208, concerning Timetable, replaces the references to "unit" in subsections (a) and (c) with "department" to more accurately describe the addressee the process and capitalize the initial word of subsection (c) to maintain grammatical parallelism.

The amendment to §51.213, concerning Request for Contested Case Hearing, replaces the references to "unit" in subsections (a) with "department" to more accurately describe the addressee the process, and would replace the term "chief administrative officer" with "executive director" to more accurately refer to the department’s organizational structure.

The amendment to §51.304, concerning Duties of the Department, alters subsection (a) by adding language to paragraph (2) to clarify that the department may disclose certain information to governmental entities, including law enforcement entities, to carry out a government purpose and adding new paragraph (5) to clarify that records made or kept by the department under Parks and Wildlife Code, §31.039 and §31.0391 (concerning vessel ownership) are considered public records. The amendment also eliminates subsection (b), which provides for the verification of certain customer information upon request. The department has determined that the proposed amendments are necessary to protect information about customers as allowed by Parks and Wildlife Code, §11.030.

The amendment to §51.350, concerning Vendor Dispute Resolution, replaces the reference to "Director of Purchasing, Contracting, and Distribution Services" with "Purchasing and Contracting Director" to more accurately reflect the department’s organizational structure.

The amendment to §51.750 regarding Promotional Drawings modifies subsection (a)(1) to clarify that the $5,000 limit on the value of prizes does not include items donated to the department.

The department received no comments opposing adoption of the rules as proposed.

The department received one comment supporting adoption of the rules as proposed.

No groups or associations commented on the rules as proposed.

SUBCHAPTER J. CONTRACT DISPUTE RESOLUTION

31 TAC §§51.204, 51.208, 51.213

The amendments are adopted under the authority of Government Code, §2260.052(c), which requires each unit of state government with rulemaking authority to develop rules to govern the negotiation and mediation of contract claims against the state, and Parks and Wildlife Code, §11.0171, which requires the commission to adopt by rule policies and procedures for soliciting and awarding contracts.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 27, 2017.

TRD-201700393

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Effective date: February 16, 2017

Proposal publication date: September 30, 2016

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


SUBCHAPTER K. DISCLOSURE OF CUSTOMER INFORMATION

31 TAC §51.304

The amendment is adopted under Parks and Wildlife Code, §11.030, which requires the commission to adopt policies by rule relating to the release of the customer information; the use of the customer information by the department; and the sale of a mailing list consisting of the names and addresses of persons who purchase customer products, licenses, or services.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 27, 2017.

TRD-201700394

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Effective date: February 16, 2017

Proposal publication date: September 30, 2016

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


SUBCHAPTER L. VENDOR DISPUTE RESOLUTION

31 TAC §51.350

The amendment is adopted under Government Code, §2155.076, which requires the department as a state agency to adopt rules for resolving vendor protests relating to purchasing issues.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 27, 2017.

TRD-201700395

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Effective date: February 16, 2017

Proposal publication date: September 30, 2016

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


SUBCHAPTER Q. PROMOTIONAL DRAWINGS

31 TAC §51.750

The amendment is adopted under Parks and Wildlife Code, §11.0271, which authorizes the department to conduct public drawings to select applicants for public hunting privileges; §11.0272, which authorizes the department to conduct public drawings to select applicants for special fishing or other special programs, packages, or events; Parks and Wildlife Code, §13.015, which authorizes the commission to establish park user fees; Parks and Wildlife Code, §42.012, which authorizes the commission to waive hunting license fees for a resident who is participating in an event sponsored or co-sponsored by the department with the approval of the executive director; Parks and Wildlife Code, §46.002, which exempts a person who is participating in an event sponsored or co-sponsored by the department with the approval of the executive director from fishing license requirements; Parks and Wildlife Code, §50.001, which requires the commission to establish combination licenses or license packages for hunting, fishing, or other activities and authorizes the commission to establish fees for combination license or license packages, provided the fee is less than the fees for the individual components of the package; and Parks and Wildlife Code, §81.403, which authorizes the department to issue a permit authorizing access to public hunting land or for specific hunting, fishing, recreational, other used of public hunting land or a wildlife management area and requires the commission to prescribe the fees and conditions of the issuance and use of such permits by rule.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 27, 2017.

TRD-201700396

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Effective date: February 16, 2017

Proposal publication date: September 30, 2016

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


CHAPTER 52. STOCKING POLICY

31 TAC §52.104, §52.401

The Texas Parks and Wildlife Commission, in a duly noticed meeting on November 3, 2016, adopted amendments to §52.104 and §52.401 without changes to the proposed text as published in the September 30, 2016, issue of the Texas Register (41 TexReg 7680). The amendments are a result of the department's review of its regulations under the provisions of Government Code, §2001.039, which requires a state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.

The amendment to §52.104, concerning Policy of the Department, alters current subsection (b) by eliminating the initial capitalization of the term "annual operational plan." The capitalization suggests that there is a specific document titled "Annual Operational Plan." Eliminating the capitalization more accurately describes the plan.

The amendment to §52.401, concerning Fish Stocking in Private Waters, alters current subsection (b)(4) to clarify that an agreement regarding the stocking of fish in private waters must be signed by the department's executive director. Since fish may be stocked in private waters only as part of a department project associated with investigation, propagation, distribution, scientific, educational, or other valid management purposes, it is appropriate for the executive director to be the signatory on such agreements to ensure that such purposes are being served. Similarly, the amendment further clarifies that the stocking of any private waters not be associated with pay-to-fish operations.

The department received no comments opposing adoption of the rules as proposed.

The department received one comment supporting adoption of the rules as proposed.

No groups or associations commented on the rules as proposed.

The amendments are adopted under the Parks and Wildlife Code, §§1.012, 12.001, 12.013 - 12.015, and 66.015, which provide the Parks and Wildlife Commission with the authority to promulgate regulations governing the stocking of wildlife in the state.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 27, 2017.

TRD-201700397

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Effective date: February 16, 2017

Proposal publication date: September 30, 2016

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