Texas Register, Volume 37, Number 40, Pages 7815-8094, October 5, 2012 Page: 7,951
7533-7814 p. ; 28 cm.View a full description of this periodical.
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ity to raise funds to provide and maintain department programs,
projects, and sites.
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 affect 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,
commission 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 profits;
adversely affect market competition; or require the purchase or
modification of equipment or services.
The department has determined that there will be no adverse
economic effects on small businesses, microbusinesses, or per-
sons required to comply with the rules as proposed. The rules
set forth the guidelines for the selection of official corporate spon-
sors. The rules as proposed do not require any person or entity
be an official corporate sponsor of the department, and any re-
lationship between a person or entity and the department under
the proposed rules would be strictly voluntary and set forth by
contract. Accordingly, the department has not prepared a regu-
latory flexibility analysis under Government Code, Chapter 2006.
The department has not drafted a local employment impact
statement under the Administrative Procedure Act, 2001.022,
as the agency has determined that the rules as proposed will
not impact local economies.
The department has determined that Government Code,
2001.0225 (Regulatory Analysis of Major Environmental
Rules), does not apply to the proposed rules.
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 rules.
Comments on the proposed rules may be submitted to Ms.
Darcy Bontempo, Texas Parks and Wildlife Department, 4200
Smith School Road, Austin, Texas 78744; (512) 389-4574
(e-mail: darcy.bontempo@tpwd.state.tx.us).
The amendments are proposed under the authority of Parks and
Wildlife Code, 11.225, as added by House Bill 1300, enacted
by the 82nd Texas Legislature, Regular Session (2011), which
requires the commission to adopt rules to implement the provi-
sions of Parks and Wildlife Code, Chapter 11, Subchapter J-1,
and under Parks and Wildlife Code, 13.303, as added by House
Bill 1300, enacted by the 82nd Texas Legislature, Regular Ses-
sion (2011), which requires the commission to adopt rules to pro-
hibit inappropriate commercial advertising in state parks, natural
areas, historic sites, or other sites under the jurisdiction of the
department.
The proposed amendments affect Parks and Wildlife Code,
Chapter 11.
51.701. Designation ofOCPs.
(a) Except as otherwise provided herein, [All] OCP-Ds shall
be selected through a fair and competitive process that takes into con-
sideration the amount of support being offered and the needs of the de-
partment. Provided, however, the department's executive director, ordesignee may waive competitive process requirement if such a waiver
is in the best interest of the department.
(b) - (n) (No change.)
51.704. Licensing of the Department Brands.
(a) - (b) (No change.)
(c) Except as otherwise provided herein, the [The] department
shall use a competitive process to award the licensing rights for one or
more department's brands. Provided, however, the department's exec-
utive director, or designee may waive competitive process requirement
if such a waiver is in the best interest of the department.
(d) - (g) (No change.)
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-201205060
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 53. FINANCE
SUBCHAPTER A. FEES
DIVISION 3. TRAINING AND CERTIFICA-
TION FEES
31 TAC 53.50
The Texas Parks and Wildlife Department proposes an amend-
ment to 53.50, concerning Training and Certification Fees. The
proposed amendment would establish a fee of $10 for a one-time
deferral of boater education course requirements.
Under Parks and Wildlife Code, 31.109, no person born on or
after September 1, 1993 may operate a personal watercraft or
motorboat powered by a motor of greater than 15 horsepower
or a windblown vessel over 14 feet in length on public waters
unless that person possesses evidence of successful comple-
tion of a boater education course approved by the department
or "proof of completion of the requirements to obtain a vessel
operator's license issued by the United States Coast Guard."
Under the provisions of House Bill 1395, enacted by the 82nd
Texas Legislature, Regular Session (2011), Parks and Wildlife
Code, 31.110 was amended to require the department to es-
tablish a boater education deferral program by rule. The pro-
posed rulemaking to establish the boater education deferral pro-
gram, published elsewhere in this issue of the Texas Register,
would allow a person to purchase a deferral of boater education
requirements. This proposed amendment would establish the
fee of $10 for the deferral. The department intends to make the
deferral available for purchase through the department's license
sales system. As a result, a deferral could be purchased at any of
approximately 1,700 locations statewide, or through the TPWD
website (www.tpwd.state.tx.us). In addition, a deferral could be
purchased by telephone during business hours.PROPOSED RULES October 5, 2012 37 TexReg 7951
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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/m1/137/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.