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