Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,952
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Tim Spice, Boater Education Coordinator, has determined that
for each of the first five years that the rule as proposed is in ef-
fect, there will be fiscal implications to state government as a
result of enforcing or administering the rule. Those implications
will be positive for the state, since the proposed rule in conjunc-
tion with the proposed rulemaking to establish the deferral op-
tion, published elsewhere in this issue of the Texas Register,
requires anyone who wishes to obtain a boater education de-
ferral to purchase it at a cost of $10. The $10 fee amount was
selected because it is identical to the fee amount for hunter ed-
ucation deferral provided in subsection (b)(2). In addition, a fee
in the amount of $10 is a minimal fee to cover department costs
in administering the boater education deferral program.
Since the boater education deferral program is a new program,
the department is unable to accurately predict the number of per-
sons who will purchase the boater education deferral in each of
the next five years. As a result, the department is unable to accu-
rately predict the revenue increase associated with the proposed
rule. Over the previous five fiscal years (FY7-FY11), between
8,200 and 10,900 persons per year have taken boater educa-
tion courses in Texas, with a five-year average of 9,573 persons
per year. Not all persons who took boater education courses
were required to take the courses in order to operate a vessel.
Also, not all persons who took boater education courses would
be eligible for the deferral.
By comparison, the hunter education deferral has been available
since 2004. During that period, the number of persons who have
obtained the hunter education deferral represents about 34% of
the persons who have taken hunter education. Applying that
ratio to the average number of person who have taken boater
education (34% of 9,573), would result in an estimate of 3,255.
If 3,255 persons obtain a boater education deferral at a cost of
$10/each, the total revenue to the state would be $32,550. How-
ever, as noted above, it is impossible to accurately predict the
number of persons who will obtain a boater education deferral.
A number of factors may also influence this number, including
but not limited to weather conditions.
There will be no fiscal implications for other units of state or local
government.
Mr. Spice also has determined that for each of the first five years
the rule as proposed is in effect, the public benefit anticipated as
a result of enforcing or administering the rule as proposed will
be accurate rules with respect to fee amounts.
There will be an adverse economic effect on persons required to
comply with the rule as proposed; namely, the fee of $10 for the
purchase of a boater education deferral.
Under the provisions of Government Code, Chapter 2006, a
state agency must prepare an economic impact statement and a
regulatory flexibility analysis for a rule that may have an adverse
economic effect on small businesses and micro-businesses. As
required by Government Code, 2006.002(g), the Office of the
Attorney General has prepared guidelines to assist state agen-
cies in determining a proposed rule's potential adverse economic
impact on small businesses. Those guidelines state that an
agency need only consider a proposed rule's "direct adverse
economic impacts" to small businesses and micro-businesses to
determine if any further analysis is required. For that purpose,
the department considers "direct economic impact" to mean a re-
quirement that would directly impose recordkeeping or reporting
requirements; impose taxes or fees; result in lost sales or prof-
its; adversely affect market competition; or require the purchaseor modification of equipment or services. The proposal impacts
individuals who may wish to operate a motor boat or personal
water craft, but would not have a direct impact on small or mi-
crobusinesses, although businesses that sell or rent motor boats
and personal watercraft could see an indirect positive since the
proposal could result in more persons being eligible to operate
vessels. Since the proposed rule does not adversely affect small
businesses or microbusinesses, the department has determined
that the proposed amendment will not impose any direct adverse
economic effects on small businesses or micro-businesses. Ac-
cordingly, the department has not prepared a regulatory flexibility
analysis under Government Code, Chapter 2006. There will be
no fiscal implications for persons required to comply with the rule
as proposed.
The department has not drafted a local employment impact
statement under the Administrative Procedure Act, 2001.022,
as the agency has determined that the rule as proposed will not
impact local economies.
The department has determined that there will not be a taking of
private real property, as defined by Government Code, Chapter
2007, as a result of the proposed rule.
Comments on the proposed rule may be submitted to Tim
Spice, Texas Parks and Wildlife Department, 4200 Smith
School Road, Austin, Texas 78744; (512) 389-8141 (e-mail:
tim.spice@tpwd.state.tx. us).
The amendment is proposed under the authority of Parks and
Wildlife Code, 11.027, which authorizes the commission to by
rule establish and provide for the collection of a fee to cover costs
associated with the review of an application for a permit required
by the code, and 31.110, which requires the commission to es-
tablish a boater education deferral program by rule.
The proposed amendment affects Parks and Wildlife Code,
Chapter 11 and Chapter 31.
53.50. Training and Certification Fees.
(a) - (b) (No change.)
(c) Boater education fees.
(1) - (5) (No change.)
(6) The fee for obtaining a boater education deferral is $10.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 24,
2012.
TRD-201205047
Ann Bright
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: November 4, 2012
For further information, please call: (512) 389-4775
CHAPTER 57. FISHERIES
SUBCHAPTER N. STATEWIDE RECRE-
ATIONAL AND COMMERCIAL FISHING
PROCLAMATION37 TexReg 7952 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/m1/138/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.