PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 53. FINANCE
SUBCHAPTER A. FEES
DIVISION 3. TRAINING AND CERTIFICATION FEES
The Texas Parks and Wildlife Commission in a duly noticed meeting on November 10, 2020, adopted an amendment to 31 TAC §53.50, concerning Training and Certification Fees, without changes to the proposed text as published in the September 25, 2020, issue of the Texas Register (45 TexReg 6708). The rule will not be republished.
The amendment establishes a fee of $10 for online marine safety enforcement officer instruction by a department-approved third-party provider and allows for the provider to charge and retain a service fee in addition to the $10 fee forwarded to the department. An adopted rulemaking published elsewhere in this issue implements an online option for marine safety enforcement officer instruction.
The amendment is a result of the department's review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.
The department received no comments concerning adoption of the rules as proposed.
The amendment is adopted under the authority of Parks and Wildlife Code, §31.121, which requires the commission to promulgate rules to establish and collect a fee to recover the administrative costs associated with the certification of marine safety enforcement officers.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 23, 2021.
TRD-202100737
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: March 15, 2021
Proposal publication date: September 25, 2020
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Commission in a duly noticed meeting on November 10, 2020, adopted amendments to 31 TAC §55.303, concerning Boat Speed Limit and Buoy Standards, without changes to the proposed text as published in the November 25, 2020, issue of the Texas Register (45 TexReg 6709). The rules will not be republished. Section 55.302 is adopted with changes and will be republished.
The amendments modify language regarding certain areas of public water regulated by political subdivisions. Parks and Wildlife Code, §31.092, provides authority to various types of local governments to designate areas of public water within their jurisdictions as bathing, fishing, swimming, or otherwise restricted areas and to make rules and regulations relating to the operation and equipment of boats deemed necessary for the public safety. Current rules make specific reference to "Slow, No Wake" zones, which the department has learned has caused some local entities to interpret the regulatory authority at their disposal too narrowly. By removing references to "Slow, No Wake" designations, the department hopes to make clear that a governing board has greater latitude than the authority to establish "Slow, No Wake" zones.
The amendments are a result of the department's review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.
The department received no comments concerning adoption of the rules as proposed.
The amendments are adopted under the authority of Parks and Wildlife Code, §31.142, which authorizes the department to provide for a standard buoy-marking program for the inland water of the state; §31.002, which establishes the duty of the state to promote recreational water safety and the uniformity of laws relating to water safety; and §31.091, which reserves the basic authority to regulate boating to the state.
§55.302.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Department--Texas Parks and Wildlife Department.
(2) Governing board--The governing board of an incorporated city or town, a commissioners court of a county, or the governing board of a political subdivision of the state created pursuant to the Texas Constitution, Article XVI, §59, as identified in the Parks and Wildlife Code, §31.092(c).
(3) Headway speed--Slow, idle speed, or speed only fast enough to maintain steerage on course.
(4) Regulated area--Any area on public water designated and posted as a regulated area by a governing board as provided in Parks and Wildlife Code, §31.092.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 23, 2021.
TRD-202100741
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: March 15, 2021
Proposal publication date: September 25, 2020
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Commission in a duly noticed meeting on November 10, 2020, adopted amendments to 31 TAC §55.401 and §55.402, concerning Party Boats, without changes to the proposed text as published in the September 25, 2020, issue of the Texas Register (45 TexReg 6711). The rules will not be republished.
Under Parks and Wildlife Code, Chapter 31, Subchapter G, the department is required to license and regulate party boats, which are defined by statute as boats operated by the owner of the vessel or an employee of the owner and rented or leased by the owner for a group recreational event for more than six passengers. The department has encountered instances in which persons who own and operate party boats have erroneously interpreted the provisions in the rules that exempt livery vessels (a rented vessel for which operation and provisioning are the responsibility of the renter rather than the owner of the vessel) from the applicability of the rules to also exempt party boats from the statutory requirements of Parks and Wildlife Code, §31.040, which prescribes the licensing and titling requirements for livery vessels. To remedy the misunderstanding, the amendment removes the definition of "livery vessel" from §55.401, concerning Definitions, and amends §55.402, concerning Applicability and Exceptions, by adding a generic description in of the types of rental craft that are exempt from the provisions of the subchapter.
The amendments are a result of the department's review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.
The department received no comments concerning adoption of the rules as proposed.
The amendments are adopted under the authority of Parks and Wildlife Code, §31.176, which requires the commission to promulgate rules regarding the requirements and procedures for the issuance and renewal of a party boat operator license to protect the public health and safety and §31.180, which requires the commission to adopt and enforce rules necessary to implement Parks and Wildlife Code, Chapter 31, Subchapter G.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 23, 2021.
TRD-202100743
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: March 15, 2021
Proposal publication date: September 25, 2020
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Commission, in a duly noticed meeting on November 10, 2020, adopted the repeal of 31 TAC §55.805 and amendments to §§55.802 - 55.804 and 55.807, concerning Marine Safety Enforcement - Training and Certification Standards. The amendments and repeal were adopted without changes to the proposed text as published in the September 25, 2020, issue of the Texas Register (45 TexReg 6712), and will not be republished.
The amendments eliminate requirements for the training of instructors from outside agencies, provide for online instruction for certification as a marine safety enforcement officer (MSEO), and modernize terminology. The department has steadily increased the availability, where possible, of online options for learning applications (for instance, boater education and hunter education requirements can now be satisfied online). Law Enforcement Division staff have determined that the Marine Safety Enforcement Officer Course can be offered online to better serve the department's sister agencies as well as allow for more efficient resource allocation by the department. It is not uncommon for agency marine units to host MSEO course complements of only one or two officers, which consumes department resources and diverts personnel availability for other duties. Offering an online option will mitigate if not eliminate these situations. In another adopted rulemaking published elsewhere in this issue, the department establishes a fee of $10 for online marine safety enforcement officer instruction.
Additionally, demand for the department's MSEO instructor course is non-existent, primarily because outside law enforcement entities find it convenient to obtain MSEO training directly from department law enforcement personnel. Additionally, the Texas Commission on Law Enforcement (TCOLE) has implemented administrative processes that make recordkeeping and reporting functions problematic with respect to outside instructors. Therefore, the department proposes to cease offering the MSEO instructor training course, which necessitates the proposed repeal of §55.805, concerning Marine Safety Enforcement Officer Instructor Course Standards.
The amendments also update references to the Texas Commission on Law Enforcement Officer Standards, which is the former name of TCOLE.
The repeal and amendments are a result of the department's review of its regulations under the provisions of Government Code, §2001.039, which requires each state agency to review each of its regulations no less frequently than every four years and to re-adopt, adopt with changes, or repeal each rule as a result of the review.
The department received no comments concerning adoption of the rules as proposed.
31 TAC §§55.802 - 55.804, 55.807
The amendments are adopted under the authority of Parks and Wildlife Code, §31.121, which requires the commission by rule to establish standards for training and certifying marine safety enforcement officers and instructors.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 23, 2021.
TRD-202100738
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: March 15, 2021
Proposal publication date: September 25, 2020
For further information, please call: (512) 389-4775
The repeal is adopted under the authority of Parks and Wildlife Code, §31.121, which requires the commission by rule to establish standards for training and certifying marine safety enforcement officers and instructors.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 23, 2021.
TRD-202100740
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: March 15, 2021
Proposal publication date: September 25, 2020
For further information, please call: (512) 389-4775