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  H.B. No. 3391
 
 
 
 
AN ACT
  relating to the continuation and functions of the Parks and
  Wildlife Department; changing the elements of an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.0111, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 11.0111.  SUNSET PROVISION.  The Parks and Wildlife
  Department is subject to Chapter 325, Government Code (Texas Sunset
  Act). Unless continued in existence as provided by that chapter,
  the department is abolished September 1, 2021 [2009].
         SECTION 2.  Section 11.012(c), Parks and Wildlife Code, is
  amended to read as follows:
         (c)  Commission [Three commission] members must be members
  of the general public and meet the qualifications provided by
  Section 11.0121 [of this code].
         SECTION 3.  Sections 11.0161(a), (b), (c), and (d), Parks
  and Wildlife Code, are amended to read as follows:
         (a)  The commission shall prepare information of public
  interest describing the functions of the commission [and describing
  the commission's procedures by which complaints are filed with and
  resolved by the commission]. The commission shall make the
  information available to the general public and appropriate state
  agencies.
         (b)  The department shall maintain a system to promptly and
  efficiently act on complaints [file on each written complaint]
  filed with the department that the department has the authority to
  resolve. The department shall maintain information about parties
  to the complaint, the subject matter of the complaint, [file must
  include:
               [(1)  the name of the person who filed the complaint;
               [(2)     the date the complaint is received by the
  department;
               [(3)  the subject matter of the complaint;
               [(4)     the name of each person contacted in relation to
  the complaint;
               [(5)]  a summary of the results of the review or
  investigation of the complaint, and its disposition [; and
               [(6)     an explanation of the reason the file was closed,
  if the department closed the file without taking action other than
  to investigate the complaint].
         (c)  The department shall make information available
  describing its [provide to the person filing the complaint and to
  each person who is a subject of the complaint a copy of the
  department's policies and] procedures for [relating to] complaint
  investigation and resolution.
         (d)  The department[, at least quarterly until final
  disposition of the complaint,] shall periodically notify the
  [person filing the] complaint parties [and each person who is a
  subject of the complaint] of the status of the complaint until final
  disposition [investigation unless the notice would jeopardize an
  undercover investigation].
         SECTION 4.  Subchapter B, Chapter 11, Parks and Wildlife
  Code, is amended by adding Sections 11.0163, 11.0164, and 11.0174
  to read as follows:
         Sec. 11.0163.  USE OF TECHNOLOGY. The commission shall
  implement a policy requiring the department to use appropriate
  technological solutions to improve the department's ability to
  perform its functions. The policy must ensure that the public is
  able to interact with the department on the Internet.
         Sec. 11.0164.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop
  and implement a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of department rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the department's
  jurisdiction.
         (b)  The department's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The commission shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the department.
         Sec. 11.0174.  INTERNAL AFFAIRS OFFICE.  (a)  The executive
  director shall establish the office of internal affairs.
         (b)  The office of internal affairs has original
  departmental jurisdiction over all investigations of cases
  alleging criminal conduct:
               (1)  occurring on department property;
               (2)  engaged in by on-duty department employees; or
               (3)  engaged in by officers commissioned by the
  department performing off-duty work related to their official
  duties.
         (c)  The office of internal affairs shall oversee and review,
  but need not conduct, all investigations under this section.
         (d)  An investigation under this section may be initiated
  only by the executive director or the commission.
         (e)  The executive director shall appoint the head of the
  office of internal affairs. The head of the office of internal
  affairs serves until removed by the executive director.
         (f)  The head of the office of internal affairs shall:
               (1)  report directly to the executive director
  regarding performance of and activities related to investigations;
               (2)  report to the executive director for
  administrative purposes; and
               (3)  provide the executive director or commission with
  information regarding investigations as appropriate.
         (g)  The head of the office of internal affairs shall present
  at each regularly scheduled commission meeting and at other
  appropriate times a summary of information relating to
  investigations conducted under this section that includes analysis
  of the number, type, and outcome of investigations, trends in the
  investigations, and any recommendations to avoid future
  complaints.
         SECTION 5.  Section 11.035, Parks and Wildlife Code, is
  amended by adding Subsection (c) to read as follows:
         (c)  The department may deposit to the credit of the state
  parks account all revenue, less allowable costs, from the following
  sources:
               (1)  private contributions, grants, and donations
  received for state parks-related purposes; and
               (2)  federal funds received for state parks-related
  purposes.
         SECTION 6.  Section 11.037(b), Parks and Wildlife Code, is
  amended to read as follows:
         (b)  The department may [shall] deposit in the state land and
  water conservation account any [all] revenue received from the
  federal government or any other source for the purpose of
  administering programs authorized under Sections 13.301 through
  13.311 of this code.
         SECTION 7.  Section 12.0011, Parks and Wildlife Code, is
  amended by adding Subsections (c) and (d) to read as follows:
         (c)  An agency with statewide jurisdiction that receives a
  department recommendation or informational comment under
  Subsection (b) shall respond to the department in writing
  concerning the recommendation or comment. A response must include
  for each recommendation or comment provided by the department:
               (1)  a description of any modification made to the
  proposed project, fish and wildlife resource decision, or water
  flow schedule resulting from the recommendation or comment;
               (2)  any other disposition of the recommendation or
  comment; and
               (3)  as applicable, any reason the agency disagreed
  with or did not act on or incorporate the recommendation or comment.
         (d)  A response under Subsection (c):
               (1)  must be submitted to the department not later than
  the 90th day after the date the agency makes a decision or takes
  other action related to the recommendation or informational comment
  provided by the department; and
               (2)  is public information under Chapter 552,
  Government Code.
         SECTION 8.  Section 12.027, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 12.027.  ADOPTION OF EMERGENCY RULES. If the
  commission or the executive director finds that there is an
  immediate danger to a species authorized to be regulated by the
  department, or that strict compliance with existing department
  rules would in any way prevent, hinder, or delay necessary action in
  coping with a disaster declared by the governor, the commission or
  the executive director may adopt emergency rules as provided by
  Chapter 2001, Government Code.
         SECTION 9.  Section 13.310(c), Parks and Wildlife Code, is
  amended to read as follows:
         (c)  The department shall deposit all funds received for the
  development of outdoor recreation resources in the state treasury
  to the credit of the state land and water conservation account, the
  Texas recreation and parks account, the large county and
  municipality recreation and parks account, or the state parks
  account.
         SECTION 10.  Sections 24.002, 24.003, 24.006, 24.052,
  24.053, and 24.056, Parks and Wildlife Code, are amended to read as
  follows:
         Sec. 24.002.  TEXAS RECREATION AND PARKS ACCOUNT.  The Texas
  recreation and parks account is a separate account in the general
  revenue fund.  Money in the account may be used only [as provided by
  this subchapter] for [grants to]:
               (1)  grants under this subchapter to a county or
  municipality with a population of less than 500,000; [or]
               (2)  grants under this subchapter to any other
  political subdivision that is not a county or municipality; or
               (3)  planning for, and acquisition, operation, and
  development of, outdoor recreation and conservation resources of
  this state and the administrative expenses incident to the projects
  or programs authorized under Subchapter D, Chapter 13.
         Sec. 24.003. ACCOUNT REVENUE SOURCE; REVENUE DEDICATION.  
  (a)  The department shall deposit to the credit of the Texas
  recreation and parks account:
               (1)  an amount of money equal to 15 percent of the
  credits made to the department under Section 151.801, Tax Code; and
               (2)  money from any other source authorized by law.
         (b)  The department may deposit to the credit of the Texas
  recreation and parks account:
               (1)  private contributions, grants, and donations
  received in connection with this subchapter or Subchapter D,
  Chapter 13; and
               (2)  federal funds received in connection with this
  subchapter or Subchapter D, Chapter 13.
         Sec. 24.006.  FUNDS FOR GRANTS TO LOCAL GOVERNMENTS. When
  state revenues to the Texas recreation and parks account exceed $14
  million per year, an amount not less than 15 percent shall be made
  available for grants to local governments for up to 50 percent of
  the cost of acquisition or development of indoor public recreation
  facilities for indoor recreation programs, sports activities,
  nature programs, or exhibits.
         Sec. 24.052.  LARGE COUNTY AND MUNICIPALITY RECREATION AND
  PARKS ACCOUNT.  The large county and municipality recreation and
  parks account is a separate account in the general revenue fund.
  Money in the account may be used only as provided by this subchapter
  or Subchapter D, Chapter 13.
         Sec. 24.053.  ACCOUNT REVENUE SOURCE; DEDICATION.  (a) The
  department shall deposit to the credit of the large county and
  municipality recreation and parks account:
               (1)  an amount of money equal to 10 percent of the
  credits made to the department under Section 151.801, Tax Code; and
               (2)  money from any other source authorized by law.
         (b)  The department may deposit to the credit of the large
  county and municipality recreation and parks account:
               (1)  private contributions, grants, and donations
  received in connection with this subchapter or Subchapter D,
  Chapter 13; and
               (2)  federal funds received in connection with this
  subchapter or Subchapter D, Chapter 13.
         Sec. 24.056.  FUNDS FOR GRANTS TO LARGE COUNTIES AND
  MUNICIPALITIES.  When state revenue to the large county and
  municipality recreation and parks account exceeds $14 million per
  year, an amount not less than 15 percent shall be made available for
  grants to large counties and municipalities for up to 50 percent of
  the cost of acquisition or development of indoor public recreation
  facilities for indoor recreation programs, sports activities,
  nature programs, or exhibits.
         SECTION 11.  Section 43.071(5), Parks and Wildlife Code, is
  amended to read as follows:
               (5)  "Pen-reared birds" means bobwhite quail,
  pheasant, pigeons, partridge, and mallard ducks propagated or
  acquired under Chapter 45 of this code.
         SECTION 12.  Section 62.021(c), Parks and Wildlife Code, is
  amended to read as follows:
         (c)  This section does not prohibit the sale of:
               (1)  a live game animal, a dead or live game bird, or
  the feathers of a game bird if the sale is conducted under authority
  of a license or permit issued under this code; or
               (2)  the following inedible parts:
                     (A)  an inedible part, including the feathers,
  bones, or feet, of a game bird other than a migratory game bird that
  was lawfully taken or is lawfully possessed;
                     (B)  the hair, hide, antlers, bones, horns, skull, 
  hooves, or sinew, as applicable, of a deer, pronghorn antelope,
  desert bighorn sheep, collared peccary or javelina, red squirrel,
  or gray squirrel; or
                     (C)  the feathers of a migratory game bird in
  accordance with federal law.
         SECTION 13.  Section 64.002(b), Parks and Wildlife Code, is
  amended to read as follows:
         (b)  European starlings, English sparrows, and feral rock
  doves (Columba livia) may be killed at any time in any manner and
  their nests or eggs may be destroyed, and such conduct does not
  constitute an offense under Chapter 42, Penal Code.
         SECTION 14.  Section 66.007, Parks and Wildlife Code, is
  amended by amending Subsections (b), (c), and (e) and adding
  Subsections (m), (n), (o), (p), (q), (r), and (s) to read as
  follows:
         (b)  The department shall publish a list of:
               (1)  exotic fish and exotic[,] shellfish[, and aquatic
  plants] for which a permit under Subsection (a) [of this section] is
  required; and
               (2)  exotic aquatic plants, as provided by this
  section, that are approved for importation into or possession in
  this state without a permit.
         (c)  The department shall make rules to carry out the
  provisions of this section.  In adopting rules that relate to exotic
  aquatic plants, the department shall strive to ensure that the
  rules are as permissive as possible without allowing the
  importation or possession of plants that pose environmental,
  economic, or health problems.
         (e)  In this section:
               (1)  "Approved list" means the list published by the
  department under Subsection (b)(2) of exotic aquatic plants that a
  person may import into or possess in this state without an exotic
  species permit issued by the department.
               (2)  "Exotic [, exotic fish, shellfish, or] aquatic
  plant" means a nonindigenous [fish, shellfish, or] aquatic plant
  that is not normally found in aquatic or riparian areas [the public
  water] of this [the] state.
               (3)  "Exotic fish" means a nonindigenous fish that is
  not normally found in the public water of this state.
               (4)  "Exotic shellfish" means a nonindigenous
  shellfish that is not normally found in the public water of this
  state.
         (m)  A person may not import into or possess in this state an
  exotic aquatic plant unless:
               (1)  the plant is on the approved list; or
               (2)  the person has an exotic species permit issued by
  the department.
         (n)  In compiling the approved list, the department shall
  develop a process to evaluate the potential harm that may be caused
  by the importation or possession of exotic aquatic plant species
  into this state. The process must include the use of:
               (1)  a risk assessment model to help determine the
  potential harm of a species to the aquatic environment;
               (2)  published scientific research findings;
               (3)  findings from regulatory agencies; or
               (4)  scientific analyses from third-party
  laboratories.
         (o)  The approved list must include an exotic aquatic plant
  that:
               (1)  is widespread in this state; and
               (2)  is not, as determined by the department, a cause of
  environmental, economic, or health problems.
         (p)  The department shall develop an expedited process for
  obtaining approval for inclusion on the approved list of a
  previously unknown exotic aquatic plant. The commission may remove
  an exotic aquatic plant from the approved list if the results of
  further analysis conducted under Subsection (n) indicate that the
  plant should not be on the list.  The department may enact an
  emergency rule as provided by Chapter 2001, Government Code, to
  remove an exotic aquatic plant from the approved list if the plant
  is determined to cause environmental, economic, or health problems.
         (q)  The commission shall exercise final approval for the
  inclusion of each plant on the approved list.
         (r)  In accordance with commission rules, the department may
  issue an exotic species permit to a permit applicant for an exotic
  aquatic plant not on the approved list if the proposed use of the
  plant is:
               (1)  as an experimental organism in a medical or other
  scientific research program approved by the department;
               (2)  as part of an exhibit approved by the department in
  a public aquarium or public zoo; or
               (3)  for an appropriate use that will not result in
  potential environmental, economic, or health problems.
         (s)  Nothing in this subchapter regarding exotic aquatic
  plants restricts the department's authority under this code
  regarding exotic harmful or potentially harmful fish or shellfish.
         SECTION 15.  Section 66.0071, Parks and Wildlife Code, is
  amended to read as follows:
         Sec. 66.0071.  REMOVAL OF HARMFUL AQUATIC PLANTS. On
  leaving any public or private body of water in this state, a person
  shall immediately remove and lawfully dispose of any exotic
  [harmful or potentially harmful] aquatic plant not included on the
  approved list published under Section 66.007(b)(2) that is clinging
  or attached to the person's:
               (1)  vessel or watercraft; or
               (2)  trailer, motor vehicle, or other mobile device
  used to transport or launch a vessel or watercraft.
         SECTION 16.  Title 6, Parks and Wildlife Code, is amended by
  adding Chapter 92 to read as follows:
  CHAPTER 92.  INTERSTATE WILDLIFE VIOLATOR COMPACT
         Sec. 92.001.  MEMBERSHIP IN INTERSTATE WILDLIFE VIOLATOR
  COMPACT.  (a)  On behalf of this state, the commission may enter
  into the Interstate Wildlife Violator Compact.
         (b)  If necessary to protect the interests of this state, the
  commission may withdraw from the Interstate Wildlife Violator
  Compact in accordance with the terms of the compact.
         (c)  The commission may take all actions necessary to
  implement this chapter, including the adoption of rules and the
  delegation of authority to the director.
         SECTION 17.  (a)  The Parks and Wildlife Department and the
  Texas Youth Commission jointly shall seek representation by the
  attorney general to pursue a modification of the terms and purposes
  of the Parrie Haynes Trust.
         (b)  The legislature intends that a modification of the terms
  and purposes of the Parrie Haynes Trust be pursued so that:
               (1)  the department may be designated as the state
  agency responsible for the trust, including all trust property and
  investments, and rights associated with the trust;
               (2)  control of the Parrie Haynes Ranch may be
  transferred to the department; and
               (3)  the purposes of the trust may be appropriately
  expanded to include benefiting disadvantaged and other youths of
  this state.
         (c)  This section expires on the earlier of:
               (1)  the date a court orders modification of the Parrie
  Haynes Trust in accordance with this section; or
               (2)  September 1, 2021.
         SECTION 18.  The change in law made by this Act in the
  qualifications of the members of the Parks and Wildlife Commission
  does not affect the entitlement of a person serving as a member of
  the commission immediately before September 1, 2009, to continue to
  carry out the functions of the person's office for the remainder of
  the person's term. The change in law applies only to a person
  appointed on or after September 1, 2009. This Act does not prohibit
  a person who is a member of the Parks and Wildlife Commission
  immediately before September 1, 2009, from being reappointed as a
  commission member if the person has the qualifications required for
  the position under Chapter 11, Parks and Wildlife Code, as amended
  by this Act.
         SECTION 19.  The change in law made by this Act to Section
  11.0161, Parks and Wildlife Code, applies only to a complaint filed
  with the Parks and Wildlife Commission or the Parks and Wildlife
  Department on or after September 1, 2009. A complaint filed before
  September 1, 2009, is governed by the law in effect at the time the
  complaint was filed, and the former law is continued in effect for
  that purpose.
         SECTION 20.  Section 12.0011(c), Parks and Wildlife Code, as
  added by this Act, applies only to a recommendation or
  informational comment received by a local or state governmental
  agency from the Parks and Wildlife Department on or after September
  1, 2009. A recommendation or informational comment received by a
  local or state governmental agency from the Parks and Wildlife
  Department before September 1, 2009, is governed by the law in
  effect at the time the recommendation or informational comment was
  received, and the former law is continued in effect for that
  purpose.
         SECTION 21.  Section 62.021(c), Parks and Wildlife Code, as
  amended by this Act, applies to any sale of inedible parts of an
  animal or bird occurring on or after the effective date of this Act,
  regardless of the date the parts were acquired by the seller.
         SECTION 22.  (a)  Not later than December 31, 2010, the Parks
  and Wildlife Department shall publish the initial list of approved
  exotic aquatic plants as provided by Section 66.007(b), Parks and
  Wildlife Code, as amended by this Act.
         (b)  The Parks and Wildlife Department may not enforce the
  permit requirements or prohibited actions regarding exotic aquatic
  plants that are not on the approved list under Section 66.007(b),
  Parks and Wildlife Code, as amended by this Act, before the date on
  which the list is published.
         (c)  The Parks and Wildlife Department shall continue to
  publish a list of harmful or potentially harmful exotic aquatic
  plants for which a permit under Section 66.007(a), Parks and
  Wildlife Code, is required until the date on which the initial list
  of approved exotic aquatic plants is published. The department is
  not required to maintain or publish the list of harmful or
  potentially harmful exotic aquatic plants after the date on which
  the list of approved exotic aquatic plants is published.
         (d)  The Parks and Wildlife Department shall continue to
  enforce Section 66.007, Parks and Wildlife Code, with regard to
  harmful or potentially harmful exotic aquatic plants that are
  included on the list for which a permit is required under that
  section as it existed immediately before the effective date of this
  Act, and that law is continued in effect until the date on which the
  department publishes the initial list of approved exotic aquatic
  plants.
         (e)  The provisions of Section 66.007, Parks and Wildlife
  Code, as amended by this Act, regarding harmful or potentially
  harmful exotic aquatic plants apply only to an offense that occurs
  on or after the date on which the Parks and Wildlife Department
  publishes the initial list of approved exotic aquatic plants. An
  offense that occurs before the date on which the initial list of
  approved exotic aquatic plants is published is governed by the law
  in effect immediately before the effective date of this Act, and
  that law is continued in effect for that purpose. For purposes of
  this subsection, an offense is committed before the date on which
  the initial list of approved exotic aquatic plants is published if
  any element of the offense occurs before that date.
         (f)  The Parks and Wildlife Department may not enforce the
  permit requirements or prohibited actions regarding exotic aquatic
  plants on the list of harmful or potentially harmful plants under
  Section 66.007, Parks and Wildlife Code, as that section existed
  before amendment by this Act, after the date on which the list of
  approved exotic aquatic plants is published.
         (g)  Section 66.0071, Parks and Wildlife Code, as amended by
  this Act, applies only to a person who takes a vessel or watercraft
  out of a public or private body of water in this state on or after
  the date the Parks and Wildlife Department publishes the initial
  list of approved exotic aquatic plants under Section 66.007(b),
  Parks and Wildlife Code, as amended by this Act.  A person who takes
  a vessel or watercraft out of a public or private body of water in
  this state before the date the list of approved exotic aquatic
  plants is published is governed by the law in effect on the date the
  vessel or watercraft is taken out of the water, and the former law
  remains in effect for that purpose.
         SECTION 23.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3391 was passed by the House on May 4,
  2009, by the following vote:  Yeas 137, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3391 on May 23, 2009, by the following vote:  Yeas 138, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3391 was passed by the Senate, with
  amendments, on May 21, 2009, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor