TITLE 31. NATURAL RESOURCES AND CONSERVATION

PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT

CHAPTER 51. EXECUTIVE

SUBCHAPTER E. LEAVE POOLS

The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §§51.141 - 51.143 and new §51.141, concerning Leave Pools. The proposed new rule would consolidate all provisions governing leave pools administered by the agency in a single, generic regulation applicable to all leave pools.

The proposed repeals and new rule either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the repeal and new rule as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rules.

Mr. Macdonald also has determined that for each of the first five years the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be execution of the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rules as proposed.

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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses, microbusinesses, and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement 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 the proposed rules do not affect small businesses, micro-businesses, or rural communities; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures 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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not limit, expand, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rules may be submitted to Robert Macdonald, (512) 389-4775, email: robert.macdonald@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

The repeals are proposed under the authority of Government Code, §661.002, which requires the governing body of each state agency to adopt rules to prescribe procedures relating to the operation of the agency's sick leave pool; Government Code, §661.022, which requires the governing body of each state agency to adopt rules to prescribe procedures relating to the operation of the agency's family leave pool; and Parks and Wildlife Code, §11.0183, which requires the commission to adopt rules to create and administer a peace officer legislative leave pool.

The proposed repeals affect Government Code, Chapter 661, and Parks and Wildlife Code, Chapter 11.

§51.141. Sick Leave Pool.

§51.142. Family Leave Pool.

§51.143. Peace Officer Legislative Leave Pool.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602722

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4774

The new rule is proposed under the authority of Government Code, §661.002, which requires the governing body of each state agency to adopt rules to prescribe procedures relating to the operation of the agency's sick leave pool; Government Code, §661.022, which requires the governing body of each state agency to adopt rules to prescribe procedures relating to the operation of the agency's family leave pool; and Parks and Wildlife Code, §11.0183, which requires the commission to adopt rules to create and administer a peace officer legislative leave pool.

The proposed new rule affects Government Code, Chapter 661, and Parks and Wildlife Code, Chapter 11.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602723

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4774

SUBCHAPTER H. GENERAL PLAN FOR PRESCRIBED BURNING ON TPWD LANDS

The Texas Parks and Wildlife Department proposes an amendment to 31 Texas Administrative Code §51.170, concerning General Plan for Prescribed Burning on TPWD Lands. The proposed amendment would eliminate superfluous provisions that are not required by statute and need not be prescribed by rule.

The proposed amendment either implements or is consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.

Mr. Macdonald 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 proposed rule will be execution of the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rule as proposed.

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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement 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 the proposed rules do not affect small businesses, micro-businesses, or rural communities; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.

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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will, neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not limit, expand, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Robert Macdonald, (512) 389-4775, email: robert.macdonald@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

The amendment is proposed under Parks and Wildlife Code, §11.353, which requires the commission to adopt, and requires the department to implement, a general plan for the use of beneficial prescribed burns on department lands.

The proposed amendment affects Parks and Wildlife Code, Chapter 11.

§51.170. General Plan for Prescribed Burning on TPWD Lands.

(a) The department's [It is the intent of the department that the department's] General Plan for Prescribed Burning on TPWD Lands (Plan) is adopted by reference and complies [comply] with the requirements of the prescribed burn plan required by Parks and Wildlife Code, §11.353 [§11.351].

(b) [(c)] For the benefit of interested parties, the [The] department will maintain the current version of the [General] Plan, including [for Prescribed Burning on TPWD Lands on the department's website at www.tpwd.texas.gov along with the] contact information of appropriate department staff, on the department website at www.tpwd.texas.gov [for the benefit of interested parties].

(c) [(d)] When [The department will publish notice in the Texas Register and seek input from interested parties when] major modifications to the [General] Plan [for Prescribed Burning on TPWD Lands] (such as changes in procedures or notification processes) are contemplated, the department will provide notice of opportunity for public comment in the Texas Register and on the department website [. Public notice of an opportunity to comment will be provided] at least 30 days prior to the effective date of any changes to the Plan [policy]. The public notice will describe the proposed modifications and the reasons for the modifications, and how comments on the proposed modifications may be submitted to the department.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602724

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER J. CONTRACT DISPUTE RESOLUTION

The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §§51.203, 51.208, 51.211, 51.216, 51.218, 51.221, 51.222, and 51.225, and amendments to §§51.201, 51.202, 51.205, 51.207, 51.209, 51.210, 51.213 - 51.215, and 51.220, concerning Contract Dispute Resolution. In general, the proposed repeals and amendments eliminate recapitulation of statutory provisions that stand alone and therefore need not be in rule, consolidate current provisions of the rules in fewer sections of the Texas Administrative Code, and make opportunistic nonsubstantive changes as needed to maintain grammatical sense structural parallelism.

The proposed amendment to §51.201, concerning Definitions, would make minor grammatical changes.

The proposed amendment to §51.202, concerning Prerequisites to Suit, would add the provisions of current §51.203, concerning Sovereign Immunity, which is proposed for repeal, as new subsection (b), retitle the section accordingly, and replace references to "chapter" with references to "subchapter," for formal accuracy.

The proposed amendment to §51.205, concerning Agency Counterclaim, would capitalize the first letter of subsection (a) to correct a grammatical error in the current rule and alter subsection (d) to reference the 60-day term identified in statute.

The proposed amendment to §51.207, concerning Duty to Negotiate, would incorporate the provisions of current §51.208, concerning Timetable, which is proposed for repeal, as new subsections (b) - (i), make conforming changes to internal citations and references to statutory requirements, where necessary, and retitle the section accordingly.

The proposed amendment to §51.209, concerning Conduct of Negotiation, would alter internal citations to reflect the proposed repeal of §51.225, concerning Alternative Dispute Resolution.

The proposed amendment to §51.210, concerning Negotiation Settlements, would incorporate the provisions of current §51.211, concerning Settlement Agreement, which is proposed for repeal, as new subsections (b) - (d), and retitle the section accordingly.

The proposed amendment to §51.213, concerning Request for Contested Case Hearing, would alter internal citations to reflect the proposed amendment to §51.207, concerning Duty to Negotiate.

The proposed amendment to §51.214, concerning Mediation Timetable, would incorporate the provisions of current §51.216, concerning Agreement to Mediate, which is proposed for repeal, as new subsections (c) and (d), conform time periods to those stipulated by statute, and retitle the section accordingly.

The proposed amendment to §51.215, concerning Conduct of Mediation, would incorporate the provisions of current §51.218(a), concerning Confidentiality of Mediation and Final Settlement Agreement, which is being proposed for repeal, as new subsection (d) for topical consistency.

The proposed amendment to §51.220, concerning Settlement Approval Procedures, would incorporate the provisions of current §51.221, concerning Initial Settlement Agreement, which is proposed for repeal, as new subsection (b); the provisions of §51.222, concerning Final Settlement Agreement, which is proposed for repeal, as new subsection (c); and the provisions of current §51.218(b), concerning Confidentiality of Mediation and Final Settlement Agreement (which is proposed for repeal), as new subsection (d), and retitle the section accordingly. The proposed amendment inserts the words "initial" and "final" where needed to reflect the fact that those phases of the process would be in one section rather than separate sections and therefore should be identified where applicable.

The proposed repeals and amendments either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rules as proposed, as the proposed amendments are nonsubstantive.

Mr. Macdonald also has determined that that for each of the first five years that the rules as proposed are in effect the public benefit anticipated as a result of enforcing or administering the proposed rules will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be no adverse economic impacts to persons required to comply with the rules as proposed.

Under 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, micro-businesses, and rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General issued guidelines to assist state agencies 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 requirement 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 the proposed rules do not affect small businesses and micro-businesses; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures 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

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will not create a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation, expand an existing regulation, or repeal the function of any current regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rules may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775; email: robert.macdonald@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The amendments are proposed under the authority of Government Code, §2260.052(c), which requires each unit of state government with rulemaking authority to develop rules to govern the negotiation and mediation of contract claims against the state, and Parks and Wildlife Code, §11.0171, which requires the commission to adopt by rule policies and procedures for soliciting and awarding contracts.

The proposed amendments affect Government Code, Chapter 2260 and Parks and Wildlife Code, Chapter 11.

§51.201. Definitions.

The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

(1) - (3) (No change.)

(4) Contractor--Independent contractor who has entered into a contract directly with the department. The term does not include:

(A) the [The] contractor's subcontractor, officer, employee, agent or other person furnishing goods or services to a contractor;

(B) an [An] employee of the department; or

(C) a [A] student at an institution of higher education.

(5) - (12) (No change.)

§51.202. Prerequisites to Suit; Sovereign Immunity.

(a) The procedures contained in this subchapter [chapter] are exclusive and required prerequisites to suit under Civil Practice and Remedies Code, Chapter 107, and Government Code, Chapter 2260.

§51.205. Agency Counterclaim.

(a) The [the] department in asserting a counterclaim under the Government Code, Chapter 2260, shall file notice of the counterclaim as provided by this section.

(b) - (c) (No change.)

(d) The notice of counterclaim shall be delivered to the contractor no later than 60 [90] days after the department's receipt of the contractor's notice of claim.

(e) (No change.)

§51.207. Duty to Negotiate; Timetable.

(a) The parties shall negotiate in accordance with this section [the timetable set forth in §51.208 of this title (relating to Timetable)] to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation.

§ 51.209. Conduct of Negotiation.

(a) (No change.)

(b) The parties may conduct negotiations with the assistance of one or more neutral third parties. If the parties choose to mediate their dispute, the mediation shall be conducted in accordance with this subchapter. Parties may choose an assisted negotiation process other than mediation, including without limitation, processes such as those described in §51.224 of this title (relating to Assisted Negotiation Processes) [and §51.225 of this title (relating to Alternative Dispute Resolution)].

(c) - (d) (No change.)

§51.210. Negotiation Settlements [Settlement Approval Procedures].

(a) The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.

§51.213. Request for Contested Case Hearing.

(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this chapter on or before the 270th day after the department receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §51.207(f) of this title (relating to Duty to Negotiate; Timetable) [§51.208(f) of this title (relating to Timetable)], the contractor may file a request with the department for a contested case hearing before SOAH.

(b) A request for a contested case hearing shall state the legal and factual basis for the claim, and shall be delivered to the executive director of the department or other officer designated in the contract to receive notice within a reasonable time after the 270th day or the expiration of any written extension agreed to pursuant to §51.207(f) [§51.208(f) of this subchapter].

(c) - (d) (No change.)

§51.214. Agreement to Mediate; [Mediation] Timetable.

(a) The contractor and the department may agree to mediate the dispute at any time before the 120th [270th] day after the department receives a notice of claim of breach of contract, or before the expiration of any extension agreed to by the parties in writing.

(b) (No change.)

§51.215. Conduct of Mediation.

(a) - (c) (No change.)

§51.220. Mediation Settlements [Settlement Approval Procedures].

(a) The parties' settlement approval procedures shall be disclosed by the parties prior to the mediation. To the extent possible, the parties shall select representatives who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602725

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

The repeals are proposed under the authority of Government Code, §2260.052(c), which requires each unit of state government with rulemaking authority to develop rules to govern the negotiation and mediation of contract claims against the state, and Parks and Wildlife Code, §11.0171, which requires the commission to adopt by rule policies and procedures for soliciting and awarding contracts.

The proposed repeals affect Government Code, Chapter 2260 and Parks and Wildlife Code, Chapter 11.

§51.203. Sovereign Immunity.

§51.208. Timetable.

§51.211. Settlement Agreement.

§51.216. Agreement to Mediate.

§51.218. Confidentiality of Mediation and Final Settlement Agreement.

§51.221. Initial Settlement Agreement.

§51.222. Final Settlement Agreement.

§51.225. Alternative Dispute Resolution.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602726

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER L. VENDOR DISPUTE RESOLUTION

The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §51.350, concerning Vendor Dispute Resolution. The proposed amendment would modernize and update rule language

The proposed amendment either implements or is consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.

Mr. Macdonald 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 proposed rule will be execution of the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rule as proposed.

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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. The department considers "direct economic impact" to mean a requirement 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 the proposed rule does not affect small businesses, micro-businesses, or rural communities; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.

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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not limit, expand, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Robert Macdonald, (512) 389-4775, email: robert.macdonald@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

The amendment is proposed under Government Code, §2155.076, which requires the department as a state agency to adopt rules for resolving vendor protests relating to purchasing issues.

The proposed amendment affects Government Code, Chapter 2155.

§51.350. Vendor Dispute Resolution.

(a) (No change.)

(b) A [If the] vendor seeking termination of [wants] the solicitation or the award process [to be terminated, he] must make that request in the [his] protest and state the reasons for such termination [of the process]. The director [will review such request and], after consultation with the issuing division and the appropriate manager, shall make a written determination within three business days of receipt of the request [to terminate from the vendor].

(c) - (d) (No change.)

(e) If the protest is not resolved by mutual agreement, the director will issue a written determination on the protest:

(1) if the director determines that no violation of rules or statutes has occurred, [he shall so inform] the protesting [party,] and [the] other interested parties shall be informed in writing of [by letter which sets forth] the reasons for the determination; or

(2) if the director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, [he will so inform] the protesting [party] and [the] other interested parties shall be informed in writing of [by letter which sets forth] the reasons for the determination, which may include ordering the contract void.

(f) - (h) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602727

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER M. INVESTMENT OF LIFETIME LICENSE ENDOWMENT

The Texas Parks and Wildlife Department (the department) proposes an amendment to 31 TAC §51.400, concerning Investment of Lifetime License Endowment. The proposed amendment would add a citation to the applicable statute.

The proposed amendment either implements or is consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the proposed rule.

Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rule as proposed.

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), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses. These guidelines state that "[g]enerally, there is no need to examine the indirect effects of a proposed rule on entities outside of an agency's regulatory jurisdiction." The guidelines state that an agency need only consider a proposed rule's "direct adverse economic effects" to small businesses and micro-businesses to determine if any further analysis is required. The guidelines also list examples of the types of costs that may result in a "direct economic impact." Such costs may include costs associated with additional recordkeeping or reporting requirements; new taxes or fees; lost sales or profits; changes in market competition; or the need to purchase or modify equipment or services. The department has determined that the rule as proposed will not affect small businesses, micro-businesses, or rural communities, since the rule does not impose any direct economic impacts on any business or community; therefore, the department has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.

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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not expand, limit, or repeal an existing regulation; not increase the number of individuals subject to regulation; and neither positively nor adversely affect the state's economy.

Comments on the proposed rule may be submitted to Robert Macdonald, (512) 389-4775, e-mail: robert.macdonald@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

The amendment is proposed under the authority of Parks and Wildlife Code, §11.065, which requires the commission to adopt rules for the investment of the lifetime license endowment account.

The proposed rule affects Parks and Wildlife Chapter 11.

§51.400. Investment of Lifetime License Endowment Fund.

The Executive Director is authorized to invest the Lifetime License Endowment Fund in accordance with:

(2) the investment policy approved by the commission.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602728

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER O. ADVISORY COMMITTEES

The Texas Parks and Wildlife Department (the department) proposes amendments to 31 Texas Administrative Code §§51.601, 51.606 - 51.615, 51.631, and 51.671 - 51.673, concerning Advisory Committees.

The proposed amendments would establish an expiration date of July 1, 2030, for the following advisory committees: White-tailed Deer Advisory Committee (WTDAC), Migratory Game Bird Advisory Committee (MGBAC), Upland Game Bird Advisory Committee (UGBAC), Private Lands Advisory Committee (PLAC), Bighorn Sheep Advisory Committee (BSAC), Wildlife Diversity Advisory Committee (WDAC), Mule Deer Advisory Committee (MDAC), Urban Outreach Advisory Committee (UOAC), Accessibility Advisory Committee (AAC), Boating and Waterways Advisory Committee (BWAC), Freshwater Fisheries Advisory Committee (FFAC), State Parks Advisory Committee (SPAC), Coastal Resources Advisory Committee (CRAC), and Oyster Advisory Committee (OAC). The department believes that these advisory committees continue to perform a valuable service for the department; therefore, the department wishes to continue these advisory committees.

Parks and Wildlife Code, §11.0162, authorizes the chair of the Texas Parks and Wildlife Commission to "appoint committees to advise the commission on issues under its jurisdiction." Government Code, Chapter 2110, requires that rules be adopted regarding each state agency advisory committee. Unless otherwise provided by specific statute, the rules must (1) state the purpose of the committee; (2) describe the manner in which the committee will report to the agency; and (3) establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute.

The proposed amendment to §51.601, concerning General Requirements, would establish the duration of committee member terms in generic language and provide for committee members to serve beyond the expiration date of their terms until a replacement is appointed by the chair, and replace the word "Chairman" with the word "chair" (which is done throughout the rules as well), which is intended to replace archaic language with generic references in a spare style to reflect modern usage and code construction practices.

The proposed amendment to §51.611, concerning Wildlife Diversity Advisory Committee (WDAC), renames the committee and makes conforming changes to references accordingly, which is necessary to avoid potential confusion.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years the amendments are in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Mr. Macdonald also has determined that for each of the first five years the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the rules as proposed will be to ensure proper management and effective use of department advisory committees.

There will be no adverse economic effect on persons required to comply with the amendments as proposed.

The department has determined that small or microbusinesses and rural communities will not be affected by the proposed rules. Accordingly, the department has not prepared a regulatory flexibility analysis under Government Code, Chapter 2006.

The department has not filed a local impact statement with the Texas Workforce Commission as required by the Administrative Procedures 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.

In compliance with the requirements of Government Code, §2001.0241, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not expand, limit, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and neither positively nor negatively affect the state's economy.

Comments on the proposed rules may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775; by email at robert.macdonald@tpwd.texas.gov, or via the department website at www.tpwd.texas.gov.

The amendments are proposed under the authority of Parks and Wildlife Code, §11.0162 and Government Code, §2110.005 and §2110.008.

The proposed amendments affect Parks and Wildlife Code, §11.0162 and Government Code, §2110.005 and §2110.008.

§51.601. General Requirements.

(a) Definitions. The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise.

(1) (No change.)

(2) Chair [Chairman]--the chair [chairman] of the Texas Parks and Wildlife Commission.

(3) - (5) (No change.)

(b) Creation. The chair [Chairman] may appoint advisory committees to advise the commission on issues within the jurisdiction of the department or the commission.

(c) - (d) (No change.)

(e) Membership. The chair [chairman] may, in his or her sole discretion, appoint individuals to serve on an advisory committee. Membership in an advisory committee will not exceed 24 (excluding ex officio members). Unless otherwise provided by specific statute, membership of each advisory committee shall be balanced to ensure representation of industries or occupations regulated or directly affected by the department and consumers of services provided by the department or by the industries or occupations regulated by the department to which the advisory committee relates. Each advisory committee shall include at least one department employee as an ex officio member. Members may be subject to removal and/or replacement at the discretion of the chair [Chairman].

(f) Term of members.

(1) Unless expressly provided in this subchapter or other law, the term of an advisory committee member shall be four years from the date of appointment. [the term of advisory committee members shall be as follows:]

(g) Presiding officer. The presiding officer of each advisory committee shall be selected by the members of the advisory committee from its membership. The chair [chairman] may make a recommendation to the advisory committee regarding the presiding officer.

(h) Subcommittees. The chair [chairman] may also appoint one or more subcommittees of an advisory committee, so long as the membership of the advisory committee, including any subcommittees does not exceed 24.

(i) (No change.)

(j) Reports. On or before October 1 of each year of its existence, each advisory committee shall submit a report to the department. Upon receipt of the report, the department shall evaluate the advisory committee's work, usefulness and costs related to the committee's existence, including the cost of agency staff time spent in support of the committee's activities. Each report shall included the following:

(1) - (2) (No change.)

(3) other information determined by the advisory committee or the chair [chairman] to be appropriate and useful.

(k) - (m) (No change.)

§51.606. White-tailed Deer Advisory Committee (WTDAC).

(a) - (c) (No change.)

(d) The WTDAC shall expire on July 1, 2030 [2026].

§51.607. Migratory Game Bird Advisory Committee (MGBAC).

(a) - (c) (No change.)

(d) The MGBAB shall expire on July 1, 2030 [2026].

§51.608. Upland Game Bird Advisory Committee (UGBAC).

(a) - (c) (No change.)

(d) The UGBAC shall expire on July 1, 2030 [2026].

§51.609. Private Lands Advisory Committee (PLAC).

(a) The PLAC is created to advise the department on all matters pertaining to wildlife programs, management, and research on private lands in Texas, including the following:

(1) - (3) (No change.)

(4) any other matters at the request of the chair [chairman].

(b) - (c) (No change.)

(d) The PLAC shall expire on July 1, 2030 [2026].

§51.610. Bighorn Sheep Advisory Committee (BSAC).

(a) - (c) (No change.)

(d) The BSAC shall expire on July 1, 2030 [2026].

§51.611. Wildlife Conservation [Diversity] Advisory Committee (WCAC) [(WDAC)].

(a) The WCAC [WDAC] shall advise the department on matters pertaining to management, research, and outreach activities related to furbearers, nongame, and rare species in the State of Texas, including the following:

(1) development and implementation of the wildlife conservation-related [diversity related] projects, grants, and policy;

(2) wildlife [diversity] conservation and regulations; and

(3) technical guidance and outreach [education and communications] with various constituent groups and individuals interested in wildlife conservation [diversity] in the state of Texas.

(b) The composition of the WCAC [WDAC] shall represent landowner and conservation organizations in Texas.

(c) The WCAC [WDAC] shall comply with the requirements of §51.601 of this title (relating to General Requirements).

(d) The WCAC [WDAC] shall expire on July 1, 2030 [2026].

§51.612. Mule Deer Advisory Committee (MDAC).

(a) - (c) (No change.)

(d) The MDAC shall expire on July 1, 2030 [2026].

§51.613. Urban Outreach Advisory Committee (UOAC).

(a) - (c) (No change.)

(d) The UOAC shall expire on July 1, 2030 [2026].

§51.614. Accessibility Advisory Committee (AAC).

(a) - (c) (No change.)

(d) The AAC shall expire on July 1, 2030 [2026].

§51.615. Boating and Waterways Advisory Committee (BWAC).

(a) - (c) (No change.)

(d) The BWAC shall expire on July 1, 2030 [2026].

§51.631. Freshwater Fisheries Advisory Committee (FFAC).

(a) (No change.)

(b) The FFAC shall consist of individuals representing the state's freshwater angling public, the aquaculture industry, the freshwater fishing industry, fisheries educators, and conservation groups. Each member shall serve two-year or four-year terms as designated by the chair [chairman], and terms may be staggered to ensure continuity.

(c) (No change.)

(d) The FFAC shall expire on July 1, 2030 [2026

§51.671. State Parks Advisory Committee (SPAC).

(a) The SPAC is appointed to advise the chair [chairman] and the commission regarding state parks.

(b) (No change.)

(c) The SPAC shall expire on July 1, 2030 [2026].

§51.672. Coastal Resources Advisory Committee (CRAC).

(a) The CRAC is created to advise the chair [chairman] and the commission on issues that cross fishery and geographic boundaries on the coast of Texas.

(b) - (c) (No change.)

(d) The CRAC shall expire on July 1, 2030 [2026].

§51.673. Oyster Advisory Committee (OAC).

(a) - (c) (No change.)

(d) The OAC shall expire on July 1, 2030 [2026].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602751

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

CHAPTER 52. STOCKING POLICY

The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §§52.101 - 52.105, 52.201, 52.202, 52.301, and 52.401, concerning Stocking Policy.

Chapter 52 was promulgated in 1990 as a result of irregularities in department stocking activities. It was intended as a symbolic response to reassure the public that public resources would not be used for political or personal purposes. The department has determined that because the rules do not provide any substantive benefit beyond what is already implicit in as well as explicitly articulated by current statutory law, they should be repealed and replaced by department policy.

The proposed repeals either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Dr. David Yoskowitz, PhD, Executive Director of the Texas Parks and Wildlife Department, has determined that for each of the first five years that the repeals as proposed are in effect, there will be no fiscal implications to state or local government.

There will be no impact on persons required to comply with the repeals as proposed.

Dr. Yoskowitz also has determined that for each of the first five years that the repeals as proposed are in effect: the public benefit anticipated as a result of enforcing or administering the proposed repeals will be execution of the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Under 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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement 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 the proposed repeals will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the repeals 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 repeals.

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 repeals.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The repeals as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of a fee; create a new regulation; not expand an existing regulation; repeal existing rules; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed repeals may be submitted to Robert Macdonald, Regulations Coordinator, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775; email: Robert.macdonald@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The repeals are proposed under Parks and Wildlife Code, §§1.012, 12.001, 12.013, 12.015, and 66.015, which provide the Parks and Wildlife Commission with the authority to promulgate regulations governing the stocking of wildlife in the state.

The proposed repeals affect Parks and Wildlife Code, Chapters 1, 12, and 66.

§52.101. Purpose and Scope.

§52.102. Definitions.

§52.103. Goals.

§52.104. Policy of the Department.

§52.105. Powers and Duties of the Executive Director.

§52.201. Departmental Stocking under Federal Funding Guidelines.

§52.202. Conditions for Stockings Made or Authorized by the Department.

§52.301. Non-Federally Funded Departmental Stocking.

§52.401. Fish Stocking in Private Waters.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602729

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

CHAPTER 53. FINANCE

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §§53.1, 53.2, 53.10, 53.11, 53.60, 53.100, and 53.120, concerning Finance.

The proposed amendment to §53.1, concerning Applicability; Definitions, would add new subsection (b)(4) to clarify that stamps, stamp endorsements, and endorsements, as those terms are used in the subchapter, are synonymous terms. Stamps were historically issued in physical form; the agency has since discontinued the issuance of physical stamps and instead issues licenses bearing endorsements to indicate the purchase of stamps required for hunting and fishing activities.

The proposed amendment to §53.2, concerning License Issuance Procedures, Fees, Possession, and Exemption Rules, would eliminate the current 20-day period of validity of confirmation numbers for license purchases made electronically, and eliminate unnecessary language regarding the use of wireless devices to prove licensure. The department has determined that the intent of the 20-day period of validity was to create a temporary pathway (while awaiting fulfillment of license tags) for providing satisfaction to the department that a person engaging in hunting or fishing activities for which a license is required has in fact acquired the necessary license. The department has determined that such a time limit is not strictly necessary, but notes that a confirmation number in and of itself is not complete proof of lawful conduct, as certain tags may be required in addition to the appropriate license. With respect to the use of wireless devices to prove licensure, the department has determined that the language proposed for removal is unnecessary because it essentially repeats language that is already in statute and need not be repeated in rule.

The proposed amendments to §53.10, concerning Public Hunting and Fishing Permits and Fees, and §53.11, concerning Commercial Hunting Licenses and Permits, would function collectively to implement a universal fee of $50 for all permits involving the use of protected wildlife in dog training events. The Texas Legislature during the most recent regular session enacted Senate Bill 2801, which added new Parks and Wildlife Code Chapter 43, Subchapter J, to create a new type of field trial permit limited to the pursuit of squirrels, furbearing animals, and nongame wildlife on privately owned land or public lands authorized by the department by rule. The fee for the permit is set by statute at $50. The department already issues two types of "field trial" permits (one for private bird hunting areas, and the other for public hunting lands) and has determined that having three kinds of permits with the same or similar name that are valid for at least four different regulatory scenarios under multiple fee standards could create confusion that is avoidable; therefore, the proposed amendments would replace the current fee values for other types of similar permits with the $50 fee established by S. B. 2801.

The proposed amendment to §53.60, concerning Stamps, would eliminate subsections (d) and (e), which are no longer relevant because the department long ago ceased issuance of physical stamps; thus, the department no longer has physical stamps to sell as collectibles.

The proposed amendment to §53.100, concerning Bonded Title--Acceptable Situations, would replace a reference to a legacy database with a generic reference to data systems used for boat titling and registration, which will preclude having to go through rulemaking in the future when acronyms change. The proposed amendment to §53.120, concerning License Format and Legibility, would reword paragraph (1) to remove a redundancy and eliminate paragraph (2)(A), which has been determined unnecessary because the intent of the provisions can be better addressed through procurement specifications.

The amendments as proposed either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the proposed amendments to §53.10 and §53.11 are in effect, there will be minor fiscal implications to the department as a result of administering the rules. The department estimates a revenue reduction of approximately $700 per year resulting from the reduction of the fee for the current Private Bird Hunting Area Field Trial Permit (from $63 to $50). The department has issued an average of 56 such permits per year for the last five years. The department estimates a revenue reduction of zero dollars as a result of the proposed fee reduction for the Competitive Hunting Dog Trial Permit, as the department has not issued any in the last three years. There will be no other fiscal impacts to other units of state or local government as a result of administering or enforcing any of the remaining proposed rules.

There will be no adverse economic effects for persons required to comply with the rules as proposed.

Mr. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be a uniform fee for similar types of low-demand permits issued by the department and rules that implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office.

Under 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), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies 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 requirement 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 the rules as proposed do not directly regulate any small business, microbusiness, or rural community; therefore, there will be no adverse economic impact on small businesses, microbusinesses, or rural communities as a result of the proposed rules.

The department has not drafted a local employment impact statement under the Administrative Procedures 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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; affect the amount of a fee, by reducing the fees for Private Bird Hunting Area Field Trial Permits and Competitive Hunting Dog Event Permits); not create a new regulation; not expand an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rules may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775-; email: robert.macdonald@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

SUBCHAPTER A. FEES

SUBCHAPTER B. STAMPS

The amendment is proposed under Parks and Wildlife Code, §11.027, which authorizes the department to sell any item in the possession of the department in which the state has title, or acquire and resell items if a profit can be made, to provide funding for programs administered by the department; §43.403, which requires the commission to prescribe by regulation the form, design, and manner of issuance of a saltwater sportfishing stamp; §43.654, which requires the commission to prescribe by rule the form, design, and manner of issuance of migratory and upland game bird stamps, and authorizes the issuance and sale of a collector's edition; and §43.804, which requires the commission to prescribe the form, design, and manner of issuance of the freshwater fishing stamp, and authorizes a collectible freshwater fishing stamp.

The proposed amendment affects Parks and Wildlife Code, Chapters 11 and 43.

§53.60. Stamps.

(a) - (c) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602731

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER F. BONDED TITLE FOR VESSELS/OUTBOARD MOTORS

The amendment is proposed under the authority of Parks and Wildlife Code, §31.0465, which authorizes the department by rule to define acceptable situations in which certificates of title may be issued after the filing of a bond.

The proposed amendment affects Parks and Wildlife Code, Chapter 31.

§53.100. Bonded Title--Acceptable Situations.

(a) - (c) (No change.)

(d) For a bonded title situation involving an abandoned vessel or outboard motor, the requirements of this subsection apply, in addition to any other requirements of this section or Parks and Wildlife Code, Chapter 31, Subchapters B and B-1.

(1) - (2) (No change.)

(3) The department may employ internal data management systems [the department's Boat Registration Information and Titling System (BRITS)] and the Vessel Identification System (VIS) operated by the United States Coast Guard to determine the most recent owner of record of a vessel or outboard motor.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602732

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER H. LICENSE STANDARDS

The amendment is proposed under Parks and Wildlife Code, §12.703, which requires the commission to specify standards for licenses issued by an electronic point-of-sale system, including the legibility of the licenses.

The proposed amendment affects Parks and Wildlife Code, Chapter 12.

§53.120. License Format and Legibility.

The provisions of this section apply only to licenses sold through the department's electronic point-of-sale system and do not apply to licenses sold directly via the Internet for printing by the customer.

(1) All [Except as provided in this section, all] licenses issued by the department or an agent of the department will conform to format requirements established by the department for a given license year.

(2) [In negotiating contract provisions regarding the license sales system, the department will consider the following guidelines regarding license format and legibility:]

[(B)] License print should be:

(A) [(i)] a size that is reasonable, within the constraints of the overall size of the license;

(B) [(ii)] in no case a font size less than 6pt; and

(C) [(iii)] a color that contrasts with the background.

(3) [(C)] Information on the license, including tags, will be presented in a consistent and orderly manner and will meet any Texas statutory requirement and/or Texas Parks and Wildlife Commission regulation.

(4) [(D)] The executive director may waive the provisions of this section singly or entirely in the event that unforeseeable circumstances or emergencies make it impractical to comply without jeopardizing the ability of the public to purchase and immediately enjoy the privileges of licensure.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602733

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER A. FEES

CHAPTER 55. LAW ENFORCEMENT

SUBCHAPTER C. DEPUTY AND SPECIAL GAME WARDEN COMMISSION

The Texas Parks and Wildlife Department (the department) proposes an amendment to 31 TAC §55.63, concerning Special Game Wardens. The proposed amendment would update a reference to the state agency governing the certification of peace officers in Texas and add language to accommodate future name changes.

The proposed amendment either implements or is consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the proposed rule.

Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rule as proposed.

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, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. The guidelines state that an agency need only consider a proposed rule's "direct adverse economic effects" to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement 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 the rule as proposed will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, the department has not prepared the economic impact statement or regulatory flexibility analysis described in Government Code, Chapter 2006.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.

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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not expand, limit, or repeal an existing regulation; not increase the number of individuals subject to regulation; and neither positively nor adversely affect the state's economy.

Comments on the proposed rule may be submitted to Assistant Commander Kevin Winters, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4628; email: kevin.winters@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The amendment is proposed under the authority of Parks and Wildlife Code, §11.0201, which requires the commission to by rule establish standards governing the conduct and duties of special game wardens.

The proposed amendment affects Parks and Wildlife Code, Chapter 11.

§55.63. Special Game Wardens.

The following provisions are applicable to special game wardens, in addition to the provisions of Parks and Wildlife Code, §11.0201.

(1) - (3) (No change.)

(4) Compensation: Special game wardens on active status may be compensated not to exceed the salary of a game warden IV and may claim per diem or other expenses authorized by the Director. Special game wardens on inactive status may not be compensated by salary, but may claim per diem expenses for in-service training required by the Texas Commission on Law Enforcement or successor agency [Officer Standards and Education].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602734

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER E. SHOW, TEST, AND DEMONSTRATION OF VESSELS

The Texas Parks and Wildlife Department (the department) proposes an amendment to 31 Texas Administrative Code §55.130, concerning Show, Test, and Demonstration of Vessels. The proposed amendment would correct references to reflect the proper title for persons authorized to enforce marine safety laws.

The proposed amendment either implements or is consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the proposed rule.

Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rule as proposed.

Under 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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement 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 the proposed rule will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.

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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not expand, limit, or repeal an existing regulation; not increase the number of individuals subject to regulation; and neither positively nor adversely affect the state's economy.

Comments on the proposed rule may be submitted to Assistant Commander Cody Jones, Boating Law Administrator, at (512) 389-4624, email: cody.jones@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The amendment is proposed under the authority of Parks and Wildlife Code, Chapter 31, Subchapter B, which authorizes the commission to establish rules concerning the issuance and price of validation cards and decals permitting the limited and temporary use of vessels for recreational purposes or participation in contests or events and to adopt rules regarding dealer's, distributor's, and manufacturer's licenses, including application forms, application and renewal procedures, and reporting and recordkeeping requirements.

The proposed amendment affects Parks and Wildlife Code Chapter 31, Subchapter B.

§55.130. Show, Test, or Demonstration of Vessel.

(a) - (c) (No change.)

(d) A validation card must immediately be made available for inspection upon the request of any peace officer, marine safety enforcement officer, or department employee acting within the scope of [their] official duties.

(e) (No change.)

(f) A licensee shall maintain at the licensee's place of business a current daily log accounting for each use of each validation card issued to the licensee. The log shall be retained for a period of two years and must immediately be made available for inspection during normal business hours at the request of any peace officer, marine safety enforcement officer, or department employee acting within the scope of their official duties. The log shall indicate, for each use of a validation card:

(1) - (5) (No change.)

(g) - (h) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602735

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER F. FLOATING CABINS

The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §55.201 and §55.207, concerning Floating Cabins. The proposed amendment to §55.201, concerning Definitions, would eliminate paragraph (2), which is being relocated to §55.207, concerning Specifications for Marine Sanitation Devices, reword the section to refer to a statutory citation, and eliminate a definition that need not be repeated in rule. The proposed amendments are nonsubstantive.

The proposed amendments either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the proposed rules.

Mr. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rules as proposed.

Under 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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's "direct adverse economic impacts" to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement 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 the proposed repeals will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures 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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not expand, limit, or repeal an existing regulation; not increase the number of individuals subject to regulation; and neither positively nor adversely affect the state's economy.

Comments on the proposed rules may be submitted to Assistant Commander Cody Jones, Boating Law Administrator, at (512) 389-4624, email: cody.jones@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The rules are proposed under the authority of Parks and Wildlife Code, §32.005, which authorizes the commission to adopt rules necessary to implement Parks and Wildlife Code, Chapter 32.

The proposed rules affect Parks and Wildlife Code, Chapter 32.

§55.201. Definitions.

This subchapter applies to floating cabins as defined by Parks and Wildlife Code, §32.001. [The following words or terms, when used in this subchapter, shall have the following meanings, except where context clearly indicates otherwise:]

§55.207. Specifications for Marine Sanitation Devices.

Floating Cabins required to be permitted by Parks and Wildlife Code, Chapter 32, shall have sewage disposal devices and equipment meeting the following requirements:

(1) For the purposes of this section, Portable Marine Sanitation Device means a device that is designed to facilitate the transport of sewage for onshore disposal. A Portable Marine Sanitation Device shall meet the following specifications:

(A) - (B) (No change.)

(2) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602736

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER I. DISPOSITION OF DANGEROUS WILD ANIMALS

The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §§55.501, 55.503, and 55.505, concerning Disposition of Dangerous Wild Animals. The proposed amendments would alter references to "conviction" to refer instead to "final conviction" and remove archaic capitalization conventions with respect to references to the department. Under Parks and Wildlife Code, Chapter 12, the term "final conviction" is defined and the department has determined that it is useful to align the terminology of Subchapter I with that statutory standard.

The proposed amendments either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the proposed rules.

Mr. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rules as proposed.

Under 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, microbusinesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement 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 the proposed rules will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures 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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not expand, limit, or repeal an existing regulation; not increase the number of individuals subject to regulation; and neither positively nor adversely affect the state's economy.

Comments on the proposed rules may be submitted to Assistant Commander Kevin Winters, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4628; email: kevin.winters@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The amendments are proposed under the authority of Parks and Wildlife Code, §62.104, which requires the commission to adopt rules for the final disposition of a carcass, hide, part, product, or live animal seized by the department as provided by law.

The proposed amendments affect Parks and Wildlife Code, Chapter 62.

§55.501. Application.

(a) (No change.)

(b) For purposes of this subchapter, "finally convicted" means found guilty by a judge or jury, a plea of guilty or nolo contendere, or placed on deferred adjudication.

§55.503. Disposition of Live Animals.

(a) A game warden, or other authorized department [Department] employee, or a licensed veterinarian acting under the direction of a game warden, may euthanize a dangerous wild animal to eliminate its suffering due to illness or injury, or if the department [Department] is unable to locate a suitable place for the animal under subsection (b) of this section.

(b) If a person is finally convicted of a violation of Chapter 62, Subchapter F, Parks and Wildlife Code, the dangerous wild animal may be transferred to a sanctuary, or to a person with a permit that allows for possession of the animal.

(c) If no person is finally convicted of a violation of Chapter 62, Subchapter F, Parks and Wildlife Code, the dangerous wild animal shall be disposed of according to the instructions of the court.

§55.505. Disposition of Carcass, Hide, or Part of Animal, or Product Made from Animal.

(a) If a person is finally convicted of a violation of Chapter 62, Subchapter F, Parks and Wildlife Code, the department [Department] may destroy, or keep, or place on loan for use in an educational display, a carcass, hide, or part of or product made from a dangerous wild animal.

(b) If no person is finally convicted of a violation of Chapter 62, Subchapter F, Parks and Wildlife Code, the carcass, hide, or part of or product made from a dangerous wild animal shall be disposed of according to the instructions of the court, if any, or returned to the person from whom it was seized.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602737

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER J. CONTROLLED EXOTIC SNAKES

The Texas Parks and Wildlife Department (the department) proposes the repeal of 31 Texas Administrative Code §55.656 and amendments to §§55.651, 55.653, and 55.657, concerning Controlled Exotic Snakes.

The proposed amendment to §55.651, concerning Definitions, would define "animal control authority" as "the local governmental entity responsible for regulating and/or enforcing laws applicable to the possession, control, welfare, and disposition of animals." The department has received numerous requests from various law enforcement and first-responder entities for assistance in identifying places and locations where persons may be holding dangerous exotic snakes, because first-responders find it helpful to know about the possibility of encountering such animals in the course of their duties, and because there may be local ordinances and laws that apply to such situations. Therefore, the rules as proposed would require permittees to notify the local animal control authority of the existence and location of facilities and an unambiguous definition of that term is necessary to facilitate compliance and enforcement.

The proposed amendment to §55.653, concerning Permit Issuance and Period of Validity, would require permittees to notify the appropriate local animal control authority of the location within the jurisdiction of the animal control authority where controlled exotic snakes are held under a permit, within 21 days of the effective date of the subsection or the issuance of a permit under the subchapter, as applicable, and to obtain and retain proof that the required notification was executed. As noted earlier in this preamble, the department believes it is prudent to create a mechanism for first responders to be aware of situations in which captive dangerous snakes are present and could be encountered. To do so, the proposed amendment would establish a notification requirement and specify criteria for determining compliance.

The proposed amendment to §55.657, concerning Violations and Penalties, would eliminate subsection (a), which is duplicative of statute and need not be repeated in rule.

The proposed repeal is necessary because the section is duplicative of statute and need not be repeated in rule.

The proposed repeal and amendments either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the proposed rules. The department has determined that the response required upon being notified by a permittee is negligible in terms of cost.

Mr. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be minimal adverse economic effect on persons required to comply with the rules as proposed. Persons who possess controlled exotic snakes would be required to notify the local animal control authority of the location where controlled exotic snakes possessed under a permit are kept; however, the department has determined that compliance with the requirement requires very little effort and for all practical purposes, no expense.

Under 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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement 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 the proposed rules will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures 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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; create a new regulation (requiring notification of local animal control authorities); not expand, limit, or repeal the function of an existing regulation; not increase the number of individuals subject to regulation; and neither positively nor adversely affect the state's economy.

Comments on the proposed rule may be submitted to Assistant Commander Kevin Winters, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4628; email: kevin.winters@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The amendments are proposed under the authority of Parks and Wildlife Code, §43.855, which authorizes the commission to adopt rules to implement Parks and Wildlife Code, Chapter 43, Subchapter V, including rules to govern the possession or transport of a snake covered by the subchapter and other matters the commission considers necessary.

The proposed amendments affect Parks and Wildlife Code, Chapter 43.

§55.651. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(2) [(1)] Commercial possession--The possession of a controlled exotic snake for the purpose of sale.

(3) [(2)] Controlled exotic snake--Any live snake that is:

(A) - (C) (No change.)

(4) [(3)] Possession--Actual care, custody, or control.

(5) [(4)] Recreational possession--The possession or transportation of a controlled exotic snake for any purpose other than sale.

(6) [(5)] Sale--The transfer of ownership or the right of possession or the offer to transfer ownership or the right of possession of a controlled exotic snake to a person for a monetary consideration.

§55.653. Permit Issuance and Period of Validity.

(a) - (b) (No change.)

(d) [(c)] A person who sells a controlled exotic snake or snakes to another person for purposes of recreational possession shall inform the purchaser at the time of the sale that:

(1) - (2) (No change.)

§55.657. Violations and Penalties.

(a) [(b)] A person who violates any provision of the subchapter is subject to the penalties prescribed by Parks and Wildlife Code, §43.856.

(b) [(c)] The provisions of Parks and Wildlife Code, Chapter 43, Subchapter V and this subchapter may be enforced by any Texas peace officer.

(c) [(d)] It is a defense to prosecution under §55.652 of this title (relating to Permit Required) that the person charged produces in court an appropriate permit issued to the person and valid when the offense was committed.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602740

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

The repeal is proposed under the authority of Parks and Wildlife Code, §43.855, which authorizes the commission to adopt rules to implement Parks and Wildlife Code, Chapter 43, Subchapter V, including rules to govern the possession or transport of a snake covered by the subchapter and other matters the commission considers necessary.

The proposed repeal affects Parks and Wildlife Code, Chapter 43.

§55.656. Inspection; Seizure.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602741

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

CHAPTER 59. PARKS

SUBCHAPTER A. PARK ENTRANCE AND PARK USER FEES

The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §59.4, concerning Park Entrance and Park User Fees.

The proposed amendment would adjust the fee range for group overnight use of certain facilities to align the lower limits with current values. The proposed amendment also would make a minor word change for improved clarity.

The proposed amendment either implements or is consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule as proposed.

Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rule as proposed.

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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. The department considers "direct economic impact" to mean a requirement 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 the proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.

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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not limit, expand, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Kimberly McNeeley, (512) 389-4415, e-mail: kimberly.mcneeley@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

The amendment is proposed under Parks and Wildlife Code, §11.027(e), which authorizes the commission to establish by rule a fee for entering, reserving, or using a facility or property owned or managed by the department; §13.015(a), which authorizes the commission to set park user fees for park services; and §13.0191, which authorizes the department to set fees for the use of a facility or lodging at a state park in an amount to recover the direct and indirect costs of providing the facility or lodging and provide a reasonable rate of return to the department.

The proposed amendment affects Parks and Wildlife Code, Chapters 11 and 13.

§59.4. Activity and Facility Use Fees.

(a) (No change.)

(b) Fee ranges - facility use:

(1) - (3) (No change.)

(4) group overnight use facility or area (bunkhouses, barracks, campsites, shelters), variable by facility type or number of occupants - $50 [$100] - $1,500;

(5) - (8) (No change.)

(c) - (e) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602742

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER B. LOCAL PARK PLANNING ASSISTANCE

The Texas Parks and Wildlife Department proposes amendments to 31 TAC §59.11, concerning Limitations, and §59.12, concerning Application for Assistance. The proposed amendments would align the application process with existing grant processes and modernize language.

The proposed amendments either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the proposed amendments are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rules.

Mr. Macdonald also has determined that for each of the first five years the proposed rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rules as proposed.

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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. The department considers "direct economic impact "to mean a requirement 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 the proposed rule does not affect small businesses or micro-businesses, and any effect on rural communities will be positive; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rules as proposed will not directly 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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not limit, expand, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rules may be submitted to Kimberly McNeeley, (512) 389-4415, email: kimberly.mcneeley@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

The amendments are proposed under Local Government Code, §331.010, which provides that the department may cooperate with a municipality or county in the acquisition and establishment of parks and playgrounds, and may adopt rules for the acquisition, establishment, and operation of the parks and playgrounds with the municipality or county as the department and the municipality or county consider advisable.

The proposed amendments affect Local Government Code, Chapter 331.

§59.11. Limitations.

(a) (No change.)

(b) Basic site planning information is defined as information provided by the department to assist applicants in defining project scope, identifying appropriate facilities, and developing site plans consistent with departmental standards and grant program requirements [the dissemination of minimal oral, written or graphic data needed by an applicant to reasonably define the scope of recreational activities desired or needed for a particular site and the basic kinds and quantities of facilities needed to provide such recreational activities].

§59.12. Application for Assistance.

(a) An eligible entity may apply for park planning assistance by submitting an application in the form and manner prescribed by the department [The governing body of the city or county must adopt a resolution directing the highest administrative official to request park planning assistance. This resolution vests that official with full authority to act for purposes of the request, if approved.

(b) The department shall notify the applicant of the status within 30 days of receipt of the application [A letter from the authorized administrative official to the executive director, accompanied by a copy of the resolution authorizing the request, constitutes the method of applying for park planning assistance].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602743

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER C. ACQUISITION AND DEVELOPMENT OF HISTORIC SITES, BUILDINGS AND STRUCTURES

The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §59.42, concerning Land Acquisition Guidelines (Including Donations). In general, the proposed amendment reduces wordiness and eliminates repetition while preserving the gist and intent of the current guidelines without compromising effectiveness. In particular, the proposed amendment would broaden the criteria for land acquisition to allow for consideration of more properties that could be suitable as a site for parklands.

The proposed amendment either implements or is consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.

Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rule, as the proposed amendment does not affect individual persons.

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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. The department considers "direct economic impact" to mean a requirement 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 the rule as proposed will result in no direct economic effect on any small businesses, micro-businesses, or rural community, as the proposed amendment is purely an internal administrative provision; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.

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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not limit, expand, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Kimberly McNeeley, (512) 389-4415, e-mail: kimberly.mcneeley@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

The amendment is proposed under Parks and Wildlife Code, §13.001, which requires the commission to adopt rules governing the acquisition and development of recreational areas, natural areas, or historical sites.

The proposed rule affects Parks and Wildlife Code, Chapter 13.

§59.42. Land Acquisition Guidelines (Including Donations).

(a) The commission finds that there are many factors that affect the suitability of land for use as a state park, natural area or historic site, and objectively quantifying the relative value of one tract over another can be difficult or impossible. Nonetheless, all potential acquisitions (including donations) are evaluated for their attributes with respect to the categories delineated in this section. The relative importance of each parameter within the categories will vary from proposal to proposal, depending upon the specific needs and goals of the department at the time of consideration.

(b) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602744

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER F. STATE PARK OPERATIONAL RULES

The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §59.134, concerning Rules of Conduct in Parks. The proposed amendment would provide for electronic means of notification in addition to verbal and written media and replace references to "permits" with references to authorizations by the department, in order to increase efficiency and accuracy. The proposed amendment also would delegate certain authorities to park superintendents and their designees (or the department generally) rather than the director, in order to provide faster response times. Additionally, the proposed amendment would reword subsection (g)(5) to restate the terms of the provision another way with fewer words and alter subsection (l)(3) to require a permit from the from the Texas Historical Commission rather than the permission of the department to disturb or remove cultural resources.

The proposed amendment either implements or is consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule.

Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the proposed rule will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rule, as the proposed amendment applies only to internal operational procedures of the department.

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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. The department considers "direct economic impact" to mean a requirement 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 the proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural communities; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.

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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not limit, expand, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Kimberly McNeeley, (512) 389-4415, e-mail: kimberly.mcneeley@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

The amendment is proposed under Parks and Wildlife Code, Chapter 13, which authorizes the commission to promulgate rules governing the conservation, preservation, and use of state property; the activities of park users (including camping, swimming, boating, fishing, or other recreational activities); the regulation of traffic and parking; and conduct which endangers the health or safety of park users or their property.

The proposed amendment affects Parks and Wildlife Code, Chapter 13.

§59.134. Rules of Conduct in Parks.

(a) Abandoned and unattended property. It is an offense for any person to:

(1) - (2) (No change.)

(3) leave property unattended in a state park without having received prior verbal or electronic permission from the park superintendent or designee [director] or to leave a vehicle unattended after the closing hour, unless such person is legally in the park after closing, and unless he has parked the vehicle in a place designated by the director or he has prior verbal or electronic permission from the park superintendent or designee [director].

(b) Alcoholic beverages.

(1) (No change.)

(2) Exceptions. The provisions delineated in paragraph (1) of this subsection do not apply to an alcoholic beverage:

(A) consumed or displayed by an individual in accordance with the terms and conditions of a special event authorization issued by the department, which may be issued electronically [director];

(B) consumed or displayed by an individual within an area for which such consumption or display is authorized pursuant to a concession agreement or authorization issued by the department, which may be issued electronically [director]; or

(C) sold by a concessionaire under the terms and conditions of a concession agreement or special event authorization issued by the department, which may be issued electronically [director], provided:

(i) - (ii) (No change.)

(D) (No change.)

(c) Animals. Except as provided in this subsection, it is an offense for any person to bring into a state park, possess while in a state park, or release into a state park any species of animal. A pet, equine, or llama may be brought into and possessed within a state park as provided in this subsection.

(1) - (2) (No change.)

(3) Wildlife. It is an offense for any person to:

(A) harm, harass, disturb, trap, confine, catch, possess, or remove any wildlife, or portions of wildlife from a unit of the state park system, except by a permit issued by the department, which may be issued electronically, [director] or as provided by the Parks and Wildlife Code, Chapter 62, Subchapter D;

(B) release or introduce any species of animal life within a park (including waters within a park), except as authorized by the Parks and Wildlife Code and written order of the Executive Director or designee, which may be issued electronically; or

(C) feed or offer food to any wildlife or exotic wildlife, or to leave food unsecured in a manner that makes the food available to wildlife or exotic wildlife, unless specifically authorized by the department, which may be done electronically. The feeding of birds may be permitted on a park-by-park basis as prescribed by the department.

(d) Arms and Firearms. It is an offense for any person to display or discharge an arm or firearm in a state park, except while:

(1) - (4) (No change.)

(5) the person has been authorized to do so by written order of the department, which may be issued electronically [director].

(e) Closed Area. It is an offense for any person to:

(1) (No change.)

(2) enter or remain in an area of a state park that has been closed by the director or their designee for any reason, including security, safety, preservation, or restoration.

(f) (No change.)

(g) Facilities Use. It is an offense for any person to:

(1) (No change.)

(2) keep, use, or arrange a motor vehicle, trailer, camping, or other equipment except as specified by the department [director]. All vehicles and trailers are restricted to designated roads and parking areas, unless otherwise specified by the department [permit];

(3) - (4) (No change.)

(5) continue to occupy a facility past the established check-out time [when a check-out time has been established by the director]; or

(6) engage in camping except as authorized by permit, which may be issued electronically, in areas designated or marked for that purpose.

(h) Fires, Firewood, Smoking and Fireworks. Portable gas-fueled camp stoves may be used in designated campsites or picnic areas; however, it is an offense for any person to:

(1) (No change.)

(2) gather firewood except when authorized by the department [permit];

(3) (No change.)

(4) possess within a state park any fireworks, explosives, or similar devices capable of explosion, or to discharge, set off, or cause to be discharged in or into a state park any such device or substance, except with written authorization from the department, which may be issued electronically [director].

(i) Metal detector. It is an offense for any person to operate or use a metal detector, except as authorized by the park superintendent or designee [permit].

(j) (No change.)

(k) Motor Vehicle Use, Possession and Operation.

(1) Operation. It is an offense for any person to:

(A) (No change.)

(B) operate a motor vehicle in a state park if the motor vehicle is not licensed and inspected as required by the Texas Transportation Code or other law regarding the operation of motor vehicles, except as specifically authorized by permit, which may be issued electronically; or

(C) (No change.)

(2) - (5) (No change.)

(l) Natural and Cultural Resources.

(1) Plant life. It is an offense for any person to willfully mutilate, injure, destroy, pick, cut, remove, or introduce any plant life except by permit issued by the department, which may be issued electronically [director].

(2) Geological features. It is an offense for any person to take, remove, destroy, deface, tamper with, or disturb any rock, earth, soil, gem, mineral, fossil, or other geological deposit except by permit issued by the department, which may be issued electronically [director].

(3) Cultural resources. It is an offense for any person to take, remove, destroy, deface, tamper with, disturb, or otherwise adversely impact any prehistoric or historic resource, including but not limited to, buildings, structures, cultural features, rock art, or artifacts, except under an antiquities permit issued by the Texas Historical Commission, which may be issued electronically [by written order of the director].

(m) Peace and quiet. It is an offense for any person to:

(1) - (2) (No change.)

(3) use electronic equipment, including electrical speakers, at a volume which emits sound beyond the immediate individual camp or picnic site at any time without specific permission of the department, which may be issued electronically [director]; or

(4) (No change.)

(n) (No change.)

(o) Soliciting. It is an offense for any person to solicit funds or donation of any item, or offer to sell any goods, wares, merchandise, liquid, or edibles, or render any service for hire, or distribute written material, in a state park, except by authority of a concession agreement with the department, which may be issued electronically [approved by the director].

(p) Water Recreation. It is an offense for any person to:

(1) - (4) (No change.)

(5) moor, dock, or berth a boat or any other object between the hours of 10 p.m. and 6 a.m., except in mooring areas designated by the department [director]; or

(6) moor, dock, or berth a commercial vessel at any part of a state park except by authorization from the department, which may be issued electronically [permit from the director].

(q) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602745

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

CHAPTER 60. MAINTENANCE REVIEWS

The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §60.4 and §60.10 and amendments to §§60.2, 60.3, and 60.11, concerning Maintenance Reviews.

In 2007, the 80th Texas Legislature enacted House Bill 12, which required the commission to establish by rule an equipment review system through which the department annually determines whether any of the department's maintenance equipment has become outdated equipment. The bill also required the commission to establish by rule a maintenance provider review system through which the department annually determines whether a department maintenance task could be performed more cost-effectively by a third-party contractor. The rules in 31 TAC Chapter 60 implemented the requirements of H.B. 12.

The proposed amendments and repeals would function collectively to make grammatical corrections, eliminate duplication of terminology and redundant or self-evident provisions of law, and reorganize agency rules into fewer sections of the Texas Administrative Code.

The proposed repeals and amendments either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rules as proposed.

Mr. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be execution of the recommendation of the Texas Regulatory Efficiency Office.

The rules as proposed will not result in adverse economic impacts to persons required to comply.

Under 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, micro-businesses, and rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General issued guidelines to assist state agencies 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 requirement 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 the proposed rules do not affect small businesses, micro-businesses, or rural communities; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures 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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will not create a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not expand an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rule may be submitted to Robert Macdonald, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4775; email: robert.macdonald.texas.gov or via the department website at www.tpwd.texas.gov.

SUBCHAPTER A. MAINTENANCE EQUIPMENT REVIEW

The amendments are proposed under the authority of Parks and Wildlife Code, §11.251, which requires the commission to establish by rule an equipment review system through which the department annually determines whether equipment has become outdated.

The proposed amendments affect Parks and Wildlife Code, Chapter 11.

§60.2. Definitions.

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) (No change.)

(2) [(4)] Department purpose--Any function of the department required or authorized by state or federal law.

(3) [(5)] Fair market value--The price at which a piece of maintenance equipment would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.

(4) [(6)] Maintenance cost--The annual cost to repair or otherwise keep a piece of maintenance equipment in working order, but does not include routine maintenance, such as oil changes, tire replacement, and lubrication, that are part of a scheduled regime of equipment care.

(5) [(9)] Outdated equipment--Capitalized maintenance equipment that:

(A) - (C) (No change.)

§60.3. Maintenance Equipment Review System.

(a) (No change.)

(b) Within 60 days after the completion of the report described in subsection (a) of this section, the department shall initiate the process to sell or otherwise dispose of outdated equipment that meets any of the following three criteria:

(1) (No change.)

(2) the equipment no longer serves a department purpose;

(3) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602746

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

The repeal is proposed under the authority of Parks and Wildlife Code, §11.251, which requires the commission to establish by rule an equipment review system through which the department annually determines whether equipment has become outdated.

The proposed repeal and amendments affect Parks and Wildlife Code, Chapter 11.

§60.4. Sale of Outdated Equipment.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602747

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

SUBCHAPTER B. MAINTENANCE PROVIDER REVIEW

The repeal is proposed under the authority of Parks and Wildlife Code, §11.252, which requires the commission to establish by rule a maintenance provider review system through which the department annually determines whether a department maintenance task could be performed more cost-effectively by a third-party contractor.

The proposed repeal and amendments affect Parks and Wildlife Code, Chapter 11.

§60.10. Definitions.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602748

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

The amendment is proposed under the authority of Parks and Wildlife Code, §11.252, which requires the department to establish by rule a maintenance provider review system through which the department annually determines whether a department maintenance task could be performed more cost-effectively by a third-party contractor.

The proposed amendment affects Parks and Wildlife Code, Chapter 11.

§60.11. Maintenance Provider Review System.

(a) - (b) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602749

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

CHAPTER 61. DESIGN AND CONSTRUCTION

SUBCHAPTER E. LOCAL PARKS AND RECREATION GRANT PROGRAM

The Texas Parks and Wildlife Department (the department) proposes amendments to 31 TAC §§61.133 - 61.136, concerning Local Parks and Recreation Grant Program.

The proposed amendment to §61.133, concerning General Provisions, would replace the word "sponsor" with the word "recipient" in subsection (g) to more accurately reflect the fact that once a grant has been awarded, the sponsor becomes a recipient.

The proposed amendment to §61.134, concerning Local Park and Recreation Grant Program, would decrease the point range for and condense and simplify the provisions of subsection (b)(8). The proposed amendment would increase the point range in subsection (b)(9) to offset the proposed decrease of the point range in subsection (b)(8).

The proposed amendment to §61.135, concerning Grants for Community Outreach Outdoor Programs (CO-OP), would increase the total and individual point ranges in subsection (b)(1) and decrease the point range in subsection (b)(2) accordingly, while condensing it by eliminating subparagraphs (B) and (C) and rewording current subparagraph (A) to eliminate redundant language. The proposed amendment also would increase point ranges in subsection (b)(3)(A) and (b)(5)(B). The proposed amendment also would increase the total and individual point ranges in subsection (b)(3) and (5) to offset the alterations made to the point ranges in subsection (b)(2).

The proposed amendment to §61.136, concerning Small Community Grant Program, would decrease the point range in and condense and simplify the provisions of subsection (b)(7). The proposed amendment would increase the point range of subsection (b)(8) to offset the proposed decrease of the point range in subsection (b)(7).

The proposed amendments either implement or are consistent with the recommendations of the Texas Regulatory Efficiency Office within the Office of the Governor.

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rules as proposed are in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the proposed rules.

Mr. Macdonald also has determined that for each of the first five years that the rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be execution of the recommendations of the Texas Regulatory Efficiency Office with the Office of the Governor.

There will be no adverse economic effect on persons required to comply with the rules as proposed.

Under 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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement 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 the proposed rules will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.

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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not expand, limit, or repeal an existing regulation; not increase the number of individuals subject to regulation; and neither positively nor adversely affect the state's economy.

Comments on the proposed rules may be submitted to Kimberly McNeeley, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4415; email: kimberly.mcneeley@tpwd.texas.gov or via the department website at www.tpwd.texas.gov.

The amendments are proposed under the authority of Parks and Wildlife Code, Chapter 24, which requires the department to adopt regulations for grant assistance to local governmental entities.

The proposed amendments affect Parks and Wildlife Code, Chapter 24.

§61.133. General Provisions.

(a) - (f) (No change.)

(g) Projects funded under this subchapter shall be pursued by the recipient [sponsor] in accordance with the timelines established by the department for each project, unless the department determines that circumstances beyond the recipient's [sponsor's] control warrant timeline extension. Failure to meet timelines or timeline extensions shall be grounds for the department to initiate cancellation of the affected project.

(h) (No change.)

§61.134. Local Parks and Recreation Grant Program

(a) (No change.)

(b) Scoring Criteria.

(1) - (7) (No change.)

(8) Under-served Populations (Total Range: 0-5 [0-10] points). The proposed project increases opportunity and improves access to parks and recreation facilities for low-income citizens, defined as the percentage of households making less than $35,000 per year, based on economic and demographic data for the service area from the most recent federal census data [under-served populations].

(A) Project improves opportunities for low-income citizens, defined as the percent of households making less than $35,000 per year, based on economic and demographic data for the service area from the most recent federal census data; and/or]

(B) Project improves opportunities for ethnic minority citizens, defined as the percent of a population that does not select "white alone" on the US Census, based on economic and demographic data for the service area from the most recent census data; determined by multiplying the sum of percentage of population qualifying as low-income and percentage of population qualifying as minority by 5.]

(9) Accessibility (Total Range: 0-10 [0-5] points). The proposed project provides park and recreation opportunities for physically/mentally challenged citizens that exceed federal and state required accessibility standards.

(10) - (13) (No change.)

§61.135. Grants for Community Outreach Outdoor Programs (CO-OP).

(a) (No change.)

(b) Scoring Criteria:

(1) CO-OP Priorities (Total Range: 0-25 [0-15] points).

(A) The quality and efficacy of proposed project outcomes relative to CO-OP priorities. (0-10 [0-8] point range)

(B) The quality of the proposed project's involvement of participants in sustained direct connections to the department, including department sites, programs, and personnel. (0-15 [0-7] point range)

(2) Under-served Populations (Total Range: 0-5 [0-30] points).

[(A)] The extent to which the proposed project includes under-served [target] populations, including [female, ethnic minority,] low-income[,] and physically or mentally challenged populations. [(0-6 point range per target population for a maximum of 24 points.)]

(3) Expected Impact (Total Range: 0-40 [0-30] points). The expected project results in terms of participant and environmental impact, including:

(A) A project narrative illustrating goals that are feasible, fully developed, specific, measurable, attainable, relevant, and present a high potential for success. (0-15 [0-5] point range)

(B) - (E) (No change.)

(4) (No change.)

(5) Organizational Capacity (Total Range: 0-10 [0-5] points). The applicant demonstrates the capacity to manage and implement the grant project:

(A) (No change.)

(B) The applicant demonstrates to the department's satisfaction that qualified staff and resources are in place to manage the grant from inception to completion, or, alternatively, evidence that the applicant is partnered with an entity to provide staff and/or resources necessary to manage the grant from inception to completion. (0-7 [0-2] point range)

(C) (No change.)

(6) (No change.)

§61.136. Small Community Grant Program.

(a) (No change.)

(b) Scoring Criteria:

(1) - (6) (No change.)

(7) Under-served Populations (Total Range: 0-5 [0-10] points). The proposed project increases opportunity and improves access to parks and recreation facilities for low-income citizens, defined as the percentage of households making less than $35,000 per year, based on economic and demographic data for the service area from the most recent federal census data. [under-served populations.]

(8) Accessibility (Total Range: 0-10 [0-5] points). The proposed project provides park and recreation opportunities for physically/mentally challenged citizens that exceed federal and state required accessibility standards.

(9) - (13) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602750

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

CHAPTER 65. WILDLIFE

SUBCHAPTER A. STATEWIDE HUNTING PROCLAMATION

SUBCHAPTER I. DEPREDATION PERMITS

The Texas Parks and Wildlife Department proposes the repeal of 31 TAC §65.224 and §65.226, amendments to 31 TAC §65.221 and §65.227, and new §65.224 and §65.226, concerning Depredation Permits. The proposed rules eliminate language that is redundant or duplicative of statutory provisions, reword administrative provisions for simplicity, and provide for the department to prescribe additional methods of take of wildlife under a permit issued under the subchapter. Under current rule, the means of take under a depredation permit for terrestrial wildlife other than alligators is limited to centerfire firearms, rimfire firearms, and shotguns.

The passage of H.B. 2842 by the most recent regular session of the Texas Legislature altered the Parks and Wildlife Code to provide a pathway for political subdivisions, state and federal agencies, public institutions of higher education, and property owners' associations to address public safety and habitat impacts caused by wildlife overpopulations in areas where traditional hunting activities are inadequate for that purpose. Proposed new §65.226, regarding Means and Methods, would simply replace the current species-by-species enumeration of restrictions with a general mechanism for the department to prescribe or allow modalities for lethal take (such as air rifles and archery equipment) as appropriate or necessary.

The remaining components of the proposed rules eliminate language that is either redundant or already in statute and therefore unnecessary, or reword provisions to improve readability.

Kory Gann, Big Game Program Leader, Wildlife Division, has determined that for each of the first five years that the rules as proposed are in effect, there will be no direct fiscal implications to state or local governments as a result of administering or enforcing the rules.

Mr. Gann also has determined that for each of the first five years the proposed repeal rules as proposed are in effect, the public benefit anticipated as a result of enforcing or administering the proposed rules will be additional mechanisms for protection of public safety via supervised control of wildlife population management.

There will be no adverse economic effect on persons required to comply with the rules as proposed.

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, micro-businesses, or rural communities. As required by Government Code, §2006.002(g), the Office of the Attorney General has prepared guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small and microbusinesses and rural communities. Those guidelines state that an agency need only consider a proposed rule's direct adverse economic impacts to determine if any further analysis is required. The department considers "direct economic impact "to mean a requirement 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 the proposed rules do not affect small businesses, micro-businesses, or rural communities. Therefore, neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.

The department has not drafted a local employment impact statement under the Administrative Procedures 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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rules as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation per se; not limit, expand, or repeal an existing regulation; neither increase nor decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.

Comments on the proposed rules may be submitted to Kory Gann, (512) 389-4363, email: kory.gann@tpwd.texas.gov. Comments also may be submitted via the department's website at http://www.tpwd.texas.gov/business/feedback/public_comment/.

The amendments and new rules are proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter H, authorizes the department to adopt rules to implement that chapter.

The proposed new rules affect Parks and Wildlife Code, Chapter 43.

§65.221. General Provisions.

(a) - (b) (No change.)

(c) [(d)] Lawful hunting activities may take place on a property for which a depredation permit has been issued.

(d) [(e)] The department will not issue a permit under this subchapter to control fur-bearing animals. Nuisance fur-bearing animals are addressed by Subchapter Q of this chapter (relating to Statewide Fur-bearing Animal Proclamation).

(e) [(f)] Nothing in this subchapter shall be construed to relieve any person of any other applicable requirements of federal, state, or local law, including laws prescribing hunting license and hunter education requirements.

(f) [(h)] The department may at any time require an applicant for a depredation permit or a person to whom a depredation permit has been issued to furnish evidence clearly showing serious damage as defined in §65.220(4)(B) and (C) of this title (relating to Definitions).

§65.227. Documentation, Reporting, and Recordkeeping.

(a) (No change.)

(b) A person conducting activities under a depredation permit shall maintain an accurate daily log of all activities conducted under a depredation permit. The daily log shall be made available at the request of any department employee acting within the scope of official duties, and shall indicate, at a minimum:

(1) - (2)(No change.)

(3) if the animal is a deer, whether the deer was antlered or antlerless[, and if the deer was antlered, the number of antler points on each main beam];

(4) - (5) (No change.)

(c) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602753

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

The repeals are proposed under the authority of Parks and Wildlife Code, Chapter 43, Subchapter H, authorizes the department to adopt rules to implement that chapter.

The proposed repeals affect Parks and Wildlife Code, Chapter 43.

§65.224. Period of Validity.

§65.226. Means and Methods.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602754

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775

CHAPTER 69. RESOURCE PROTECTION

SUBCHAPTER D. MEMORANDUM OF UNDERSTANDING

The Texas Parks and Wildlife Department proposes an amendment to §69.71, concerning Memorandum of Understanding between the Texas Parks and Wildlife Department and the Texas Department of Transportation.

The proposed amendment would adopt by reference a Memorandum of Understanding (MOU) between the Texas Parks and Wildlife Department (TPWD) and the Texas Department of Transportation (TxDOT) concerning transportation projects and highway improvement projects ("TxDOT construction projects" or "projects").

Transportation Code, §201.607, requires TxDOT to adopt an MOU with each state agency that has responsibility for the protection of the natural environment, which includes TPWD. Among other things, the MOU must address "the responsibilities of each agency entering into the memorandum relating to the review of the potential environmental . . . effect of a highway project." Transportation Code, §201.607, also requires TxDOT to adopt the memoranda and all revisions by rule and to examine and revise the memoranda every five years. In addition, §201.607 requires each agency that is a party to the MOU to adopt revisions to the MOU by rule.

Under Parks and Wildlife Code, §12.0011, TPWD is the state agency with primary responsibility for protecting the state's fish and wildlife resources. This section also requires TPWD to provide "recommendations that will protect fish and wildlife resources to local, state, and federal agencies that approve, permit, license, or construct developmental projects" and to provide "information on fish and wildlife resources to any local, state, and federal agencies or private organizations that make decisions affecting those resources."

The MOU is intended to implement the statutory obligations of both TxDOT and TPWD regarding review of projects covered by the MOU for impacts to natural resources.

The current MOU between TPWD and TxDOT (43 TAC §§2.201 - 2.207) provides for TPWD review of TxDOT projects that have the potential to affect natural resources within the jurisdiction of TPWD. In accordance with Transportation Code, §201.607, TPWD and TxDOT have examined the current MOU and developed a new MOU. The proposed new MOU was published by TxDOT in the February 13, 2026, issue of the Texas Register (51 TexReg 874). The new MOU has been adopted by TxDOT and the notice of adoption was published in the June 5, 2026 issue of the Texas Register; (51 TexReg 3812).

Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications for the department as a result of enforcement or administration of the rule.

There will be no fiscal implications for other units of state or local government.

Mr. Macdonald also has determined that for each of the first five years that the rule as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the rule will be increased efficiency in completing the environmental review of TxDOT projects, more effective coordination between TxDOT and TPWD on the projects, and the ability of TPWD to provide additional protection of natural resources and habitat.

There will be no adverse economic effect on persons required to comply with the rule as proposed.

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), in April 2008, the Office of the Attorney General issued guidelines to assist state agencies in determining a proposed rule's potential adverse economic impact on small businesses. These guidelines state that "[g]enerally, there is no need to examine the indirect effects of a proposed rule on entities outside of an agency's regulatory jurisdiction." The guidelines state that an agency need only consider a proposed rule's "direct adverse economic effects" to small businesses and micro-businesses to determine if any further analysis is required. The guidelines also list examples of the types of costs that may result in a "direct economic impact." Such costs may include costs associated with additional recordkeeping or reporting requirements; new taxes or fees; lost sales or profits; changes in market competition; or the need to purchase or modify equipment or services.

The department has determined that because the rule is an adoption by reference of an existing rule promulgated by another state agency, and because that agency determined the MOU will not affect any regulated community, the rule will not affect small businesses, micro-businesses, or rural communities. Therefore, the department has determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, are necessary.

The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule 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 rule.

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.

In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will neither create nor eliminate a government program; not result in an increase or decrease in the number of full-time equivalent employee needs by the department; not result in a need for additional General Revenue funding; not affect the amount of any fee; not create a new regulation; not expand, limit, or repeal an existing regulation; not increase the number of individuals subject to regulation; and neither positively nor adversely affect the state's economy.

Comments on the proposed rule may be submitted to Laura Zebehazy, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4638 (e-mail: laura.zebehazy@tpwd.state.tx.us), or via the department website at www.tpwd.texas.gov.

The amendment is proposed under the authority of Transportation Code, §201.607, which requires TPWD to adopt by rule a memorandum of understanding with the Texas Department of Transportation and each state agency that is responsible for the protection of the natural environment or for the preservation of historical or archeological resources.

The proposed amendment affects Transportation Code, Chapter 201.

§69.71. Memorandum of Understanding between the Texas Parks and Wildlife Department and the Texas Department of Transportation.

The Texas Parks and Wildlife Commission adopts by reference the provisions of 43 TAC §§2.201 - 2.206 [§§2.201 - 2.214] (relating to Memorandum of Understanding with the Texas Parks and Wildlife Department).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on July 6, 2026.

TRD-202602755

James Murphy

General Counsel

Texas Parks and Wildlife Department

Earliest possible date of adoption: August 16, 2026

For further information, please call: (512) 389-4775