Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,942
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Task Force has completed its duties, although the State Parks
Advisory Committee can perform advisory functions concerning
historic sites and Big Bend Ranch State Park issues. Section
51.661, regarding Expo Advisory Committee, is being repealed
because the term of the committee has expired and the depart-
ment has discontinued the Texas Wildlife Expo. The remain-
ing sections (51.662, concerning Outreach, Interpretation, and
Education Advisory Committee, 51.673 concerning Land Re-
sources Advisory Committee and 51.674, concerning Aquatic
Resources Advisory Committee) are being repealed because no
membership was ever appointed and the committees were never
assembled.
The department notes that although the proposed rules eliminate
certain advisory committees, the commission has the authority
to reconstitute or create an advisory committee to assist the de-
partment on any issue as circumstances warrant.
The proposed amendment to 51.3 concerning Consideration
and Disposition, would change the title of the section to "Consid-
eration and Disposition of Petitions for Rulemaking" to more ac-
curately describe the section. The proposed amendment would
also increase the amount of time for staff to submit a recommen-
dation to the department's executive director regarding a peti-
tion for rulemaking. Under the provisions of Government Code,
2001.021, an interested person by petition may request that a
state agency adopt a rule, and each state agency is required to
prescribe by rule the form for such petitions and the procedure
for the submission, consideration, and disposition of petitions.
The statute also stipulates that not later than the 60th day af-
ter the date of submission of a petition for rulemaking, a state
agency shall either deny the petition in writing, stating its rea-
sons for the denial, or initiate rulemaking. Under current 51.3,
after staff has prepared a recommendation regarding a petition
for rulemaking, the petition is forwarded to each member of the
commission, accompanied by the staff recommendation. If the
staff recommendation is to deny the petition for rulemaking, and
if within 50 days after the date the department received the peti-
tion no commissioner requests that the department initiate rule-
making, the petition is considered denied. Under current 51.3,
staff must provide a recommendation to the department's exec-
utive director within 10 days after receiving the petition for rule-
making. The department recently has been presented with peti-
tions of some complexity and consequently has concluded that
10 days is an insufficient amount of time for staff to thoroughly
analyze the impacts of suggested regulatory changes. The de-
partment therefore proposes to amend 51.3(a) to increase the
time period to 15 days. The department also proposes to amend
51.3(f) to update cross references to hunting and fishing regu-
lations.
The proposed amendment to 51.70, concerning Gifts to the De-
partment, would clarify and streamline the department's process
for accepting gifts. Under Government Code, 575.003, a state
agency that has a governing board may accept a gift of cash or
property valued at greater than $500 only if the agency has the
authority to accept the gift and a majority of the board, in an open
meeting, acknowledges the acceptance of the gift not later than
the 90th day after the date the gift is accepted. Under Parks and
Wildlife Code, 11.026, the department may accept gifts of prop-
erty or money in support of any department purpose authorized
by the Parks and Wildlife Code. Under Parks and Wildlife Code,
11.0182, the commission is required to adopt policies by rule to
govern fund-raising activities by department employees on be-
half of the department with respect to gifts of greater than $500.
Current 51.70 allows the department's executive director or hisor her designee to contingently accept gifts of money or property
of more than $500, in accordance with the commission's budget
policy, prior to the formal acknowledgment of such gifts by the
commission "upon approval by the presiding officer of the com-
mission and the Chair of the commission's finance committee
in accordance with the commission's budget policy." The com-
mission meets five times per year. The rule allows the depart-
ment to more efficiently and immediately utilize gifts in support of
agency functions between commission meetings. The proposed
amendment would replace the requirement that the acceptance
of gifts of more than $500 be approved by both the chair of the
commission and the chair of finance committee with a require-
ment that the acceptance of such gifts be approved by the chair
or vice-chair of the commission or a commissioner authorized to
approve the acceptance of gifts under the commission's budget
policy. The commission is moving away from an organizational
structure that consists of several standing committees. As a re-
sult, the position of financial committee chair will no longer exist.
In addition, by providing various options for approving the ac-
ceptance of gifts, the proposed amendment would enhance the
department's ability to more immediately utilize gifts in support
of agency functions.
The proposed amendment to 51.71, concerning Employee
Fundraising Activities, would alter paragraph (1) to acknowl-
edge that the acceptance of gifts and donations is governed
by Chapter 51, Subchapter C, and not solely by 51.71. The
proposed amendment also would replace the plural possessive
"their" with the singular possessive "the employee's" to correct
a grammatical error.
The proposed amendment to 51.151, concerning Use of Unin-
scribed Vehicles, would change the title of the section to "Vehicle
Inscriptions." The proposed amendment would also delegate au-
thority to the executive director to allow inscriptions on state ve-
hicles that do not obscure any required inscriptions, have been
approved in advance by the executive director, are in the best in-
terest of the department and do not conflict with the department's
mission or goals, and are not more prominent than and do not
overshadow the role of the department. Transportation Code,
721.002, requires certain markings on state-owned motor vehi-
cles. However, Transportation Code, 721.003, allows the gov-
erning body of certain state agencies, including the department,
to exempt an agency's motor vehicle from the marking require-
ments by rule. Current 51.151 delegates to the executive di-
rector the authority to approve the use of certain uninscribed ve-
hicles. The proposed amendment would also delegate to the
executive director the authority to approve inscriptions on de-
partment vehicles other those required by Transportation Code,
Chapter 721, so long as the inscriptions meet the requirements
of the amendment. The proposed amendment would, for exam-
ple, allow department vehicles to bear messaging that acknowl-
edges the sponsorship contributions that assist the department
in furthering its mission.
The proposed amendment to 51.201, concerning Definitions,
would remove references to Government Code, Chapter 2166,
from the definitions of "contract" and "project" since Government
Code, 2166.003(a)(4) specifically exempts the department
from the applicability of Chapter 2166. However, the amend-
ment does not alter the applicability of Subchapter J to disputes
involving construction contracts.
The proposed amendment to 51.204 would delete the require-
ment in 51.204(d) that a contract claim pending before August37 TexReg 7942 October 5, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012, periodical, October 5, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288982/m1/128/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.