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�	H.B.�No.�3391

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�	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�������