PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 51. EXECUTIVE
SUBCHAPTER B. AUTHORITY TO CONTRACT
The Texas Parks and Wildlife Department (TPWD) proposes an amendment to 31 TAC §51.61, concerning Enhanced Contract Monitoring. The proposed amendment would add a comprehensive provision to the list of factors in subsection (b) that the department considers when making a determination to implement enhanced contract monitoring measures.
Under Government Code, §2261.253(c), a state agency is required to establish by rule a procedure to identify each contract that requires enhanced contract or performance monitoring. The current rule lists multiple factors that TPWD will consider when determining whether a contract requires enhanced monitoring. The proposed amendment would add new paragraph (17) to provide for the consideration of any factors in addition to those enumerated in subsection (b) and is intended to provide the department with additional flexibility to consider other important factors, especially those recommended by the Comptroller of Public Accounts Statewide Procurement Division.
The proposed 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.
Tammy Dunham, Director of Contracting, 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.
Ms. Dunham 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 enhancement of the department's ability to ensure that contracts and contractors are effectively monitored, which will ensure that the public trust is preserved.
There will be no adverse economic effect on persons required to comply with the rule, as the rule applies only to internal department administrative processes.
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 proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community, as the rule applies only to internal department administrative processes and not to any business or person. 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 an existing fee; not create, expand, or repeal an existing regulation; not increase or decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.
Comments on the proposal may be submitted to Tammy Dunham at (512) 389-4752, e-mail: tammy.dunham@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 Government Code, §2261.253(c), which requires state agencies to establish by rule a procedure to identify each contract that requires enhanced contract or performance monitoring.
The proposed amendment affects Government Code, §2261.253.
§51.61.Enhanced Contract Monitoring.
(a) (No change.)
(b) In determining if a contract requires enhanced contract monitoring, the department will consider the following factors, to the extent applicable:
(1) - (16) (No change.)
(17) Additional Factors. The department will consider additional factors that it determines appropriate, in accordance with Government Code, §2261.253(c).
(c) - (d) (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 8, 2024.
TRD-202402989
James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 18, 2024
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §51.168, concerning Nonprofit Partnerships to Promote Hunting and Fishing by Resident Veterans. The proposed amendment would replace an inaccurate acronym where necessary throughout the section. Under the provisions of §51.161, concerning Definitions, the acronym for "Nonprofit partner" in Subchapter G is "NP." However, in §51.168, the acronym "NPP" is employed, which could cause confusion. The proposed amendment would rectify the inaccuracy.
The proposed 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.
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 accurate department regulations.
There will be no adverse economic effect on persons required to comply with the rule, as the rule applies only to internal department administrative processes.
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 proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community, as the rule applies only to internal department administrative processes and not to any business or person. 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 an existing fee; not create, expand, or repeal an existing regulation; not increase or decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.
Comments on the proposal may be submitted to Robert Macdonald at (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, §11.208, which allows the commission to establish by rule the criteria under which the department may select a nonprofit partner and the guidelines under which a representative of or a veteran served by a nonprofit partner may engage in hunting or fishing activities provided by the nonprofit partner.
The proposed amendment affects Parks and Wildlife Code, Chapter 11.
§51.168.Nonprofit Partnerships to Promote Hunting and Fishing by Resident Veterans.
(a) The department shall select one or more NP [nonprofit partners (NPP)] to promote hunting and fishing by
residents of this state who are veterans of the United States Armed
Forces. A prospective (NP) [(NPP)] under this
section must exist exclusively to serve veterans of the United States
Armed Forces. The selection process shall be conducted according to
the applicable provisions of this subchapter, and shall occur at three-year
intervals by means of a request for proposals published by the department.
(b) The following guidelines shall govern hunting and fishing activities under this section.
(1) An (NP) [(NPP)] must provide
angling and hunting opportunities on private lands and/or public waters
in Texas.
(2) (No change.)
(3) Hunting and fishing opportunity provided by an (NP)
[(NPP)] under this section:
(A) (No change.)
(B) must be advertised by the (NP) [(NPP)]
by providing public notice.
(4) Hunting and fishing opportunity provided by an (NP)
[(NPP)] shall be at no cost to participants, not
to include travel, lodging, meals, and other expenses ancillary to
hunting and fishing activities unless those costs are provided by
the (NP) [(NPP)] at the discretion of the (NP)
[(NPP)].
(5) Not less than 30 days before any hunting or fishing
activity may be provided or engaged in, an (NP) [(NPP)]
shall complete and provide to the department on a form provided or
approved by the department, the specific hunting and/or angling opportunities
to be provided, to include the following, at a minimum:
(A) - (C) (No change.)
(D) the name and address of each representative of
the (NP) [(NPP)] who will be participating in
the activity.
(6) (No change.)
(7) The representative of an (NP) [(NPP)]
who accompanies a participant who engages in hunting activities shall
immediately tag any animal or bird killed by a participant for which
a tag is required under Parks and Wildlife Code, Chapter 42 with a
tag issued by the department to the (NP) [(NPP)]
for the hunting opportunity.
(8) The representative of an (NP) [(NPP)]
who accompanies a participant who engages in fishing activities shall
immediately tag any fish caught by a participant for which a tag is
required under Parks and Wildlife Code, Chapter 46 with a tag issued
by the department to the (NP) [(NPP)] for the
fishing opportunity.
(9) A wildlife resource document provided by the department
to the (NP) [(NPP)] and completed by the representative
of an (NP) [(NPP)] who accompanies a participant
who engages in hunting or fishing activities shall accompany any harvested
wildlife resource or portion thereof not accompanied by a tag until
the wildlife resource reaches:
(A) - (C) (No change.)
(10) An (NP) [(NPP)] shall maintain
a daily harvest log of hunting or fishing activity conducted.
(A) (No change.)
(B) The representative of an (NP) [(NPP)]
who accompanies a participant who engages in hunting or fishing activities
shall, on the same day that a wildlife resource is killed or caught,
legibly enter the following information in the daily harvest log:
(i) the name of the (NP) [(NPP)] representative;
(ii) - (v) (No change.)
(C) (No change.)
(D) The daily harvest log shall be retained by an (NP)
[(NPP)] for a period of two years following the
latest entry of hunting or fishing activity required to be recorded
in the log.
(11) An (NP) [(NPP)] shall complete
and submit an annual report to the department on a form prescribed
or approved by the department.
(c) A person acting as a representative of an (NP) [(NPP)] under this section is not exempt from any licensing,
stamp, documentation, or other rule of the department while engaging
in hunting or fishing activities under this section.
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 8, 2024.
TRD-202402990
James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 18, 2024
For further information, please call: (512) 389-4775
The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §51.301, concerning Duties of the Department. The proposed amendment would eliminate subsection (a), which is no longer necessary.
The Texas Parks and Wildlife Commission in 2021 repealed 31 TAC §51.301 (46 TexReg 7891) to conform department rules with statutory changes enacted by the 87th Texas Legislature (R.S.). Section §51.301(a) is unnecessary and should have been removed in the 2021 rulemaking. The proposed amendment rectifies that oversight.
The proposed 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.
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 accurate department regulations.
There will be no adverse economic effect on persons required to comply with the rule, as the rule applies only to internal department administrative processes.
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 proposed rule would result in no direct economic effect on any small businesses, micro-businesses, or rural community, as the rule applies only to internal department administrative processes and not to any business or person. 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 an existing fee; not create, expand, or repeal an existing regulation; not increase or decrease the number of individuals subject to regulation; and not positively or adversely affect the state's economy.
Comments on the proposal may be submitted to Robert Macdonald at (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 Parks and Wildlife Code, §11.030, which requires the commission to adopt policies relating to the release and use of customer information by rule.
The proposed amendment affects Parks and Wildlife Code, Chapter 11.
§51.301.Duties of the Department.
(a) [The executive director shall prepare and
make available a list of the types of information maintained by the
department that are included in each of the applicable categories
listed in §51.300 of this title (relating to
Definitions).]
[(b)] The department will collect only that
customer information and personal customer information required to
carry out department functions.
(b) [(c)] The department will
use customer information and personal customer information only as
required to carry out department functions.
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 8, 2024.
TRD-202402991
James Murphy
General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 18, 2024
For further information, please call: (512) 389-4775
SUBCHAPTER B. DISEASE DETECTION AND RESPONSE
DIVISION 1. CHRONIC WASTING DISEASE (CWD)
The Texas Parks and Wildlife Department proposes an amendment to 31 TAC §65.82, concerning Disease Detection and Response. The proposed amendment would establish five new Surveillance Zones (SZs) in response to the continued detection of chronic wasting disease (CWD) in deer breeding facilities.
The proposed amendment would implement heightened surveillance efforts in the affected areas as part of the agency's effort to manage chronic wasting disease (CWD).
CWD is a fatal neurodegenerative disorder that affects some cervid species, including white-tailed deer, mule deer, elk, red deer, sika, and their hybrids (referred to collectively as susceptible species). It is classified as a TSE (transmissible spongiform encephalopathy), a family of diseases that includes scrapie (found in sheep), bovine spongiform encephalopathy (BSE, found in cattle and commonly known as "Mad Cow Disease"), and variant Creutzfeldt-Jakob Disease (vCJD) in humans.
Much remains unknown about CWD, although robust efforts to increase knowledge are underway in many states and countries. The peculiarities of its transmission (how it is passed from animal to animal), infection rate (the frequency of occurrence through time or other comparative standard), incubation period (the time from exposure to clinical manifestation), and potential for transmission to other species are still being investigated. Currently, scientific evidence suggests that CWD has zoonotic potential; however, no confirmed cases of CWD have been found in humans. Consequently, both the Centers for Disease Control and Prevention and the World Health Organization strongly recommend testing animals taken in areas where CWD exists, and if positive, recommend not consuming the meat. What is known is that CWD is invariably fatal to certain species of cervids (including white-tailed and mule deer) and is transmitted both directly (through animal-to-animal contact) and indirectly (through environmental contamination). If CWD is not contained and controlled, the implications of the disease for Texas and its multi-billion-dollar ranching, hunting, wildlife management, and real estate economies could be significant.
The department has engaged in several rulemakings over the years to address the threat posed by CWD, including rules to designate a system of zones in areas where CWD has been confirmed. The purpose of those CWD zones is to determine the geographic extent and prevalence of the disease while containing it by limiting the unnatural movement of live CWD-susceptible species as well as the movement of carcass parts.
The department's response to the emergence of CWD in captive and free-ranging populations is guided by the department's CWD Management Plan (Plan) https://tpwd.texas.gov/huntwild/wild/diseases/cwd/plan.phtml. Developed in 2012 in consultation with the Texas Animal Health Commission (TAHC), other governmental entities and conservation organizations, and various advisory groups consisting of landowners, hunters, deer managers, veterinarians, and epidemiologists, the Plan sets forth the department's CWD management strategies and informs regulatory responses to the detection of the disease in captive and free-ranging cervid populations in the State of Texas. The Plan is intended to be dynamic; in fact, it must be so in order to accommodate the growing understanding of the etiology, pathology, and epidemiology of the disease and the potential management pathways that emerge as it becomes better understood through time. The Plan proceeds from the premise that disease surveillance and active management of CWD once it is detected are critical to containing it on the landscape.
When CWD is detected in a deer breeding facility, a SZ is created, consisting of the area within a two-mile radius around the deer breeding facility (the physical facility, not the boundaries of the property where the facility is located), within which the department implements heightened sampling efforts in an effort to quickly determine the prevalence and spread of CWD, if it exists, surrounding the facility where it has been discovered.
On March 11, 2024, the department received confirmation of CWD in a 10.5-year-old female deer in a deer breeding facility in Real County. On April 5, 2024, the department received confirmation of CWD in two 2.6-year-old female deer in a deer breeding facility in Edwards County (the department notes that both deer had tested negative via ante-mortem test one year earlier, which illustrates why ante-mortem testing, at this point in time, cannot be used as a definitive test for individual animals). On April 11, 2024, the department received confirmation of CWD in a 2.6-year-old male deer in a deer breeding facility in Zavala County. On June 7, 2024, the department received confirmation of CWD in a 2.9-year-old female deer in a deer breeding facility in Trinity County. On June 26, 2024, the department received confirmation of CWD in a 1.9-year-old female deer in a deer breeding facility in Sutton County. In response to these detections, per department policy, the proposed amendment would create new SZs in Real, Edwards, Zavala, Trinity, and Sutton counties, to consist of a two-mile radius around each positive facility.
NOTE: Regulation of CWD response and surveillance efforts within deer breeding facilities is not the subject of this rulemaking; the rules governing CWD response and surveillance within deer breeding facilities are located in Division 2 of this subchapter and are not affected or implicated by this rulemaking.
Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed are in effect, there will be no fiscal implications to state and local governments as a result of enforcing or administering the rule as proposed, as department personnel currently allocated to the administration and enforcement of disease management activities will administer and enforce the rules as part of their current job duties.
Mr. Macdonald also has determined that for each of the first five years the amendment as proposed is in effect, the public benefit anticipated as a result of enforcing or administering the rule as proposed will be a reduction of the probability of CWD being spread from locations where it might exist and an increase in the probability of detecting CWD if it does exist, thus ensuring the public of continued enjoyment of the resource and also ensuring the continued beneficial economic impacts of hunting in Texas.
There could be adverse economic impact to persons required to comply with the rules as proposed. Persons who harvest deer within a SZ where mandatory testing requirements are in effect (which would be the case in all four proposed new SZs) are required to preserve and present the heads of harvested animals to the department for CWD testing (testing costs are borne by the department). Therefore, persons who harvest a deer within a SZ would incur the cost of transporting the head to a department-designated check station, unless a tissue sample is removed at the site of harvest by a TAHC-certified CWD sample collector (training and certification are free) or the department has approved an alternative arrangement in writing. The department estimates the cost of compliance to be less than $50, which represents the maximum fuel cost to travel 100 miles round-trip averaging 20 miles per gallon fuel efficiency at the current per-gallon gasoline average cost in Texas of $3.10.
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, and rural communities. 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 because the proposed rule does not directly or indirectly regulate any small business, microbusiness or rural community, neither the economic impact statement nor the regulatory flexibility analysis required under Government Code, Chapter 2006, is not 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 result in direct impacts to 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 rules. Any impacts resulting from the discovery of CWD in or near private real property would be the result of the discovery of CWD and not 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; create a new regulation;
will not limit or repeal an existing regulation, but will expand an existing regulation (by adding new SZs); not increase 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 Dr. Hunter Reed, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas, 78744; (830) 890-1230 (e-mail: jhunter.reed@tpwd.texas.gov); or via the department's website at www.tpwd.texas.gov.
The amendment is proposed under the authority of Parks and Wildlife Code, §42.0177, 42.0177, which authorizes the commission to modify or eliminate the tagging, carcass, final destination, or final processing requirements or provisions of §§42.001, 42.018, 42.0185, 42.019, or 42.020, or other similar requirements or provisions in Chapter 42; Chapter 43, Subchapter L, which authorizes the commission to make regulations governing the possession, transfer, purchase, sale, of breeder deer held under the authority of the subchapter; and §61.021, which provides that no person may possess a game animal at any time or in any place except as permitted under a proclamation of the commission.
The proposed amendment affects Parks and Wildlife Code, Chapter 42, Chapter 43, Subchapter L, Chapter 61.
§65.82.Surveillance Zones; Restrictions.
The areas described in paragraph (1) of this section are SZs and the provisions of this subchapter applicable within the described areas.
(1) Surveillance Zones.
(A) - (W) (No change.)
(X) Surveillance Zone 27. Surveillance Zone 27 is that portion of Real County lying within the area described by the following latitude/longitude pairs: -99.63358622690, 29.74740424300; -99.63384664940, 29.74740588320; -99.63630602460, 29.74742972970; -99.63822561720, 29.74749661820; -99.64039583640, 29.74768937750; -99.64254697450, 29.74800554780; -99.64466982810, 29.74844377660; -99.64675531410, 29.74900218880; -99.64879450940, 29.74967839550; -99.65077868790, 29.75046950360; -99.65269935880, 29.75137212810; -99.65454830190, 29.75238240720; -99.65631760350, 29.75349601800; -99.65799968990, 29.75470819550; -99.65958735980, 29.75601375260; -99.66107381480, 29.75740710260; -99.66245268930, 29.75888228260; -99.66371807700, 29.76043297940; -99.66486455660, 29.76205255620; -99.66588721470, 29.76373408120; -99.66678166770, 29.76547035690; -99.66754407970, 29.76725395110; -99.66817117940, 29.76907722870; -99.66866027470, 29.77093238430; -99.66900926350, 29.77281147530; -99.66921664330, 29.77470645650; -99.66928151800, 29.77660921390; -99.66927855890, 29.77747272590; -99.66927764360, 29.77761817260; -99.66926996550, 29.77845652150; -99.66926258990, 29.77887855860; -99.66924042410, 29.77973782920; -99.66917079570, 29.78107273250; -99.66895040620, 29.78296660170; -99.66858848220, 29.78484384230; -99.66808656550, 29.78669641440; -99.66744679790, 29.78851638320; -99.66667191200, 29.79029595330; -99.66576521960, 29.79202750180; -99.66473059780, 29.79370361100; -99.66357247240, 29.79531710050; -99.66229579900, 29.79686105770; -99.66090604180, 29.79832886750; -99.65940915040, 29.79971424070; -99.65781153410, 29.80101124140; -99.65612003490, 29.80221431160; -99.65434189770, 29.80331829610; -99.65248473950, 29.80431846380; -99.65055651660, 29.80521052850; -99.64856549090, 29.80599066700; -99.64652019380, 29.80665553590; -99.64442938980, 29.80720228570; -99.64230203930, 29.80762857290; -99.64014725950, 29.80793257060; -99.63797428540, 29.80811297580; -99.63579243040, 29.80816901510; -99.63333624990, 29.80816193950; -99.63115486740, 29.80809333070; -99.62898330790, 29.80790041000; -99.62683087880, 29.80758400430; -99.62470680510, 29.80714546970; -99.62262018990, 29.80658668590; -99.62057997540, 29.80591004760; -99.61859490440, 29.80511845490; -99.61667348280, 29.80421530040; -99.61482394310, 29.80320445470; -99.61305420890, 29.80209024970; -99.61137186130, 29.80087746030; -99.60978410580, 29.79957128340; -99.60829774200, 29.79817731620; -99.60691913410, 29.79670153150; -99.60565418370, 29.79515025270; -99.60450830490, 29.79353012600; -99.60348640070, 29.79184809250; -99.60259284230, 29.79011135800; -99.60183145040, 29.78832736240; -99.60120547900, 29.78650374740; -99.60071760170, 29.78464832410; -99.60036989990, 29.78276903940; -99.60016385460, 29.78087394180; -99.60010033990, 29.77897114720; -99.60010413750, 29.77862487110; -99.60012056250, 29.77770164640; -99.60013070060, 29.77631311540; -99.60020951860, 29.77449091000; -99.60043123760, 29.77259716500; -99.60079444130, 29.77072012560; -99.60129756640, 29.76886782830; -99.60193845100, 29.76704820330; -99.60271434360, 29.76526904030; -99.60362191550, 29.76353795550; -99.60465727490, 29.76186235890; -99.60581598360, 29.76024942230; -99.60709307600, 29.75870604930; -99.60848308080, 29.75723884530; -99.60998004430, 29.75585408930; -99.61157755570, 29.75455770730; -99.61326877490, 29.75335524680; -99.61504646140, 29.75225185330; -99.61690300570, 29.75125224800; -99.61883046170, 29.75036070820; -99.62082058030, 29.74958104830; -99.62286484520, 29.74891660410; -99.62495450890, 29.74837021860; -99.62708063010, 29.74794422920; -99.62923411210, 29.74764045850; -99.63140574140, 29.74746020600; and -99.63358622690, 29.74740424300.
(Y) Surveillance Zone 28. Surveillance Zone 28 is that portion of Edwards County lying within the area described by the following latitude/longitude pairs: -100.24143575900, 30.02348759070; -100.23781875700, 30.02348063380; -100.23577840300, 30.02342242490; -100.23360080700, 30.02323984810; -100.23144160800, 30.02293369070; -100.22931006000, 30.02250526490; -100.22721529900, 30.02195640690; -100.22516630100, 30.02128946910; -100.22317184700, 30.02050730990; -100.22124048300, 30.01961328150; -100.21938048500, 30.01861121520; -100.21759982100, 30.01750540560; -100.21590611800, 30.01630059130; -100.21430663200, 30.01500193530; -100.21280821100, 30.01361500240; -100.21141727300, 30.01214573530; -100.21013977000, 30.01060042950; -100.20898117300, 30.00898570570; -100.20794643700, 30.00730848180; -100.20703998900, 30.00557594300; -100.20626570500, 30.00379551120; -100.20562689500, 30.00197481290; -100.20512628600, 30.00012164690; -100.20476601500, 29.99824395020; -100.20454761700, 29.99634976470; -100.20447201800, 29.99444720240; -100.20453953400, 29.99254441050; -100.20461978700, 29.99166022680; -100.20479826200, 29.99001389450; -100.20492833800, 29.98900320480; -100.20528057000, 29.98712436310; -100.20577319100, 29.98526959720; -100.20640408500, 29.98344684780; -100.20717054200, 29.98166391820; -100.20806927500, 29.97992844060; -100.20909642900, 29.97824784390; -100.21024760100, 29.97662932150; -100.21151785700, 29.97507980080; -100.21290175600, 29.97360591340; -100.21439337000, 29.97221396730; -100.21598631100, 29.97090991900; -100.21767375800, 29.96969934900; -100.21944848600, 29.96858743750; -100.22130290000, 29.96757894230; -100.22322906200, 29.96667817840; -100.22521872800, 29.96588900010; -100.22726338300, 29.96521478370; -100.22935427900, 29.96465841400; -100.23148247000, 29.96422227130; -100.23363884900, 29.96390822160; -100.23581419000, 29.96371760840; -100.23770772400, 29.96365289980; -100.24133424100, 29.96361851440; -100.24162570300, 29.96361685350; -100.24381100900, 29.96367496580; -100.24598727800, 29.96385736540; -100.24814519900, 29.96416327200; -100.25027554000, 29.96459137680; -100.25236918500, 29.96513984830; -100.25441717700, 29.96580633980; -100.25641075200, 29.96658799990; -100.25834137900, 29.96748148410; -100.26020079500, 29.96848296950; -100.26198104200, 29.96958817110; -100.26367449900, 29.97079235960; -100.26527391700, 29.97209038230; -100.26677244700, 29.97347668460; -100.26816367100, 29.97494533390; -100.26944163100, 29.97649004490; -100.27060085200, 29.97810420640; -100.27163636500, 29.97978090980; -100.27254373200, 29.98151297830; -100.27331906100, 29.98329299770; -100.27395902800, 29.98511334830; -100.27446088300, 29.98696623710; -100.27482247000, 29.98884373140; -100.27504223400, 29.99073779280; -100.27511922400, 29.99264031130; -100.27505310200, 29.99454314030; -100.27496162900, 29.99553538140; -100.27477259300, 29.99722316270; -100.27465510400, 29.99812591280; -100.27430418600, 30.00000495070; -100.27381280900, 30.00185998760; -100.27318307100, 30.00368307830; -100.27241766100, 30.00546641400; -100.27151985000, 30.00720235560; -100.27049347700, 30.00888346680; -100.26934293200, 30.01050254570; -100.26807313900, 30.01205265570; -100.26668953200, 30.01352715560; -100.26519803400, 30.01491972750; -100.26360503200, 30.01622440460; -100.26191734800, 30.01743559620; -100.26014220900, 30.01854811220; -100.25828722000, 30.01955718500; -100.25636032900, 30.02045849020; -100.25436979100, 30.02124816520; -100.25232413500, 30.02192282560; -100.25023212800, 30.02247957990; -100.24810273400, 30.02291604200; -100.24594508100, 30.02323034110; -100.24376841500, 30.02342113010; -100.24158206600, 30.02348759130; and -100.24143575900, 30.02348759070.
(Z) Surveillance Zone 29. Surveillance Zone 29 is that portion of Zavala County lying within the area described by the following latitude/longitude pairs: -99.68691279230, 28.82582867400; -99.68907222500, 28.82589629680; -99.69122201900, 28.82608811120; -99.69335297670, 28.82640329670; -99.69528037820, 28.82679906960; -99.69691072370, 28.82717952280; -99.69708632770, 28.82722095580; -99.69820768350, 28.82750727510; -99.69827582530, 28.82752582970; -99.69834598970, 28.82753711480; -99.69894341040, 28.82763821740; -99.70104646620, 28.82807533230; -99.70311257680, 28.82863260100; -99.70513290160, 28.82930763950; -99.70709879560, 28.83009755960; -99.70900184580, 28.83099898180; -99.71083390770, 28.83200804910; -99.71258713970, 28.83312044410; -99.71425403680, 28.83433140700; -99.71582746270, 28.83563575590; -99.71730068030, 28.83702790930; -99.71866738030, 28.83850190960; -99.71992170880, 28.84005144870; -99.72105829180, 28.84166989480; -99.72207225860, 28.84335032100; -99.72295926260, 28.84508553450; -99.72371550010, 28.84686810780; -99.72433772640, 28.84869041010; -99.72482327020, 28.85054464020; -99.72517004490, 28.85242285970; -99.72537655770, 28.85431702700; -99.72544191610, 28.85621903160; -99.72543869810, 28.85655912860; -99.72543352620, 28.85688024760; -99.72542913840, 28.85720137580; -99.72535534130, 28.85882548070; -99.72525540900, 28.85985043490; -99.72523936150, 28.85998669040; -99.72512208270, 28.86085498370; -99.72476466730, 28.86273167270; -99.72426857030, 28.86458376540; -99.72363590890, 28.86640332930; -99.72286938540, 28.86818257050; -99.72222581770, 28.86945405140; -99.72190409340, 28.87005081490; -99.72165054830, 28.87051063050; -99.72062667710, 28.87218656460; -99.71948043510, 28.87379995780; -99.71821672730, 28.87534389780; -99.71684096230, 28.87681176950; -99.71535902990, 28.87819728370; -99.71377727530, 28.87949450330; -99.71210247250, 28.88069786980; -99.71034179500, 28.88180222640; -99.70850278480, 28.88280284040; -99.70659332070, 28.88369542350; -99.70462158380, 28.88447615050; -99.70259602300, 28.88514167530; -99.70052531830, 28.88568914550; -99.69841834360, 28.88611621460; -99.69628412890, 28.88642105210; -99.69413182090, 28.88660235150; -99.69197064430, 28.88665933580; -99.68980986190, 28.88659176060; -99.68971724040, 28.88658607300; -99.68779617360, 28.88646570420; -99.68779617360, 28.88646570420; -99.68664422150, 28.88639351180; -99.68605810440, 28.88635677600; -99.68605810440, 28.88635677600; -99.68379316800, 28.88621479160; -99.68173468150, 28.88602853720; -99.67960245650, 28.88571314420; -99.67749825210, 28.88527565650; -99.67543108620, 28.88471794910; -99.67340981760, 28.88404241230; -99.67144310790, 28.88325194150; -99.66953938420, 28.88234992450; -99.66770680320, 28.88134022700; -99.66595321580, 28.88022717630; -99.66428613390, 28.87901554210; -99.66271269760, 28.87771051660; -99.66123964520, 28.87631769200; -99.65987328390, 28.87484303650; -99.65861946300, 28.87329286840; -99.65748354880, 28.87167382960; -99.65647040180, 28.86999285620; -99.65558435590, 28.86825714980; -99.65482919960, 28.86647414580; -99.65420816050, 28.86465148180; -99.65372389090, 28.86279696470; -99.65337845730, 28.86091853770; -99.65317333080, 28.85902424570; -99.65310938190, 28.85712220090; -99.65318687590, 28.85522054860; -99.65340547300, 28.85332743150; -99.65376422880, 28.85145095560; -99.65417222990, 28.84989534010; -99.65485195240, 28.84759377430; -99.65494131770, 28.84729758900; -99.65557513810, 28.84547839050; -99.65634271210, 28.84369958230; -99.65724074650, 28.84196877910; -99.65826539060, 28.84029338950; -99.65941225200, 28.83868058470; -99.66067641600, 28.83713726730; -99.66205246680, 28.83567004260; -99.66353451030, 28.83428518960; -99.66511619960, 28.83298863470; -99.66679076240, 28.83178592600; -99.66855102960, 28.83068221000; -99.67038946610, 28.82968220940; -99.67229820320, 28.82879020280; -99.67426907200, 28.82801000680; -99.67629363830, 28.82734495950; -99.67836323910, 28.82679790610; -99.68046901880, 28.82637118710; -99.68260196760, 28.82606662820; -99.68475295970, 28.82588553230; and -99.68691279230, 28.82582867400.
(AA) Surveillance Zone 30. Surveillance Zone 30 is that portion of Trinity County lying within the area described by the following latitude/longitude pairs: -95.41825903620, 30.91987565240; -95.42046121760, 30.92001665360; -95.42264799820, 30.92028148930; -95.42481002210, 30.92066902660; -95.42693803910, 30.92117760720; -95.42799685780, 30.92147976490; -95.42931635910, 30.92187727490; -95.43034245440, 30.92220255500; -95.43237534520, 30.92294616530; -95.43434750510, 30.92380277750; -95.43625049430, 30.92476872650; -95.43807616800, 30.92583987920; -95.43981671160, 30.92701165210; -95.44146467380, 30.92827903110; -95.44301299890, 30.92963659280; -95.44445505660, 30.93107852770; -95.44578467030, 30.93259866460; -95.44699614430, 30.93419049790; -95.44808428720, 30.93584721430; -95.44904443520, 30.93756172270; -95.44987247120, 30.93932668420; -95.45056484330, 30.94113454360; -95.45111857980, 30.94297756160; -95.45153130180, 30.94484784770; -95.45168984950, 30.94583046340; -95.45170153190, 30.94591317890; -95.45172156340, 30.94599469660; -95.45204820280, 30.94752464490; -95.45231815290, 30.94941419030; -95.45244414500, 30.95131490660; -95.45242563090, 30.95321865500; -95.45226268130, 30.95511728330; -95.45195598540, 30.95700266070; -95.45150684820, 30.95886671290; -95.45091718520, 30.96070145600; -95.45074663350, 30.96115844470; -95.45070131910, 30.96127651180; -95.45014419810, 30.96261709860; -95.44976470130, 30.96342785740; -95.44972935510, 30.96350021710; -95.44970201260, 30.96357510720; -95.44899338020, 30.96532023480; -95.44813076220, 30.96707293470; -95.44713692960, 30.96877325800; -95.44643645170, 30.96982702420; -95.44629526740, 30.97002949370; -95.44615803280, 30.97023396980; -95.44545086040, 30.97124012350; -95.44420787480, 30.97281409130; -95.44284803920, 30.97431462580; -95.44264024460, 30.97452699470; -95.44245258470, 30.97471693710; -95.44118950960, 30.97592523840; -95.43961390750, 30.97725995860; -95.43794032090, 30.97850300970; -95.43617591750, 30.97964906540; -95.43432825530, 30.98069321440; -95.43240524960, 30.98163098210; -95.43058471020, 30.98239317780; -95.43034208550, 30.98248711670; -95.43017251450, 30.98255228830; -95.42812382350, 30.98326570610; -95.42602533470, 30.98386212040; -95.42388604110, 30.98433897500; -95.42171511110, 30.98469422610; -95.42067176220, 30.98482031430; -95.42025288460, 30.98486520430; -95.41910297020, 30.98497123750; -95.41689677470, 30.98507923460; -95.41646984180, 30.98508574490; -95.41622407820, 30.98508815300; -95.41597843730, 30.98509526360; -95.41565537550, 30.98510328120; -95.41344570410, 30.98508667300; -95.41124202970, 30.98494555210; -95.40905379730, 30.98468052340; -95.40689038540, 30.98429272280; -95.40476106630, 30.98378381230; -95.40267496520, 30.98315597310; -95.40064102200, 30.98241189600; -95.39866795240, 30.98155476990; -95.39815043740, 30.98130622990; -95.39751076160, 30.98099264800; -95.39612454410, 30.98027467920; -95.39429829930, 30.97920293460; -95.39255736250, 30.97803054940; -95.39090919050, 30.97676254770; -95.38936084220, 30.97540436270; -95.38791894750, 30.97396181430; -95.38658967980, 30.97244108320; -95.38537872860, 30.97084868500; -95.38429127610, 30.96919144200; -95.38384044870, 30.96842104560; -95.38377650230, 30.96830761660; -95.38326802920, 30.96736302470; -95.38244098290, 30.96559763780; -95.38174972510, 30.96378941490; -95.38119720890, 30.96194610120; -95.38078579260, 30.96007559190; -95.38051723010, 30.95818589820; -95.38039266300, 30.95628511280; -95.38041261590, 30.95438137570; -95.38057699500, 30.95248283890; -95.38075944830, 30.95126417830; -95.38077466290, 30.95117708750; -95.38078152510, 30.95108921390; -95.38089911850, 30.94992992920; -95.38120719660, 30.94804472080; -95.38165765700, 30.94618091330; -95.38192847900, 30.94528198140; -95.38219713100, 30.94444536480; -95.38251720930, 30.94350986920; -95.38307458990, 30.94210307800; -95.38356642230, 30.94095820250; -95.38373783970, 30.94056779840; -95.38460140130, 30.93881552770; -95.38510090270, 30.93792733960; -95.38553325800, 30.93719063890; -95.38602838440, 30.93637898210; -95.38714981300, 30.93473883870; -95.38839324390, 30.93316541860; -95.38873164430, 30.93277291650; -95.38993859090, 30.93139727740; -95.39096026730, 30.93028980720; -95.39243118200, 30.92886970750; -95.39400664490, 30.92753556120; -95.39567990970, 30.92629307760; -95.39744381240, 30.92514757340; -95.39929080230, 30.92410395050; -95.40121297360, 30.92316667430; -95.40320209980, 30.92233975530; -95.40524966840, 30.92162673160; -95.40734691780, 30.92103065380; -95.40948487410, 30.92055407230; -95.41165438970, 30.92019902600; -95.41384618260, 30.91996703410; -95.41605087550, 30.91985908890; and -95.41825903620, 30.91987565240.
(BB) Surveillance Zone 31. Surveillance Zone 31 is that portion of Sutton County lying within the area described by the following latitude/longitude pairs: -100.30709999600, 30.45531644700; -100.30929655300, 30.45537343720; -100.31148411100, 30.45555472780; -100.31365331200, 30.45585954330; -100.31579487400, 30.45628657970; -100.31789963500, 30.45683400980; -100.31995859000, 30.45749949170; -100.32196292700, 30.45828017800; -100.32390407000, 30.45917272850; -100.32577371100, 30.46017332420; -100.32756384700, 30.46127768380; -100.32926681700, 30.46248108180; -100.33087532900, 30.46377836860; -100.33238249700, 30.46516399290; -100.33378186400, 30.46663202480; -100.33437532300, 30.46734486030; -100.33453905200, 30.46750807180; -100.33488142900, 30.46785462040; -100.33594775500, 30.46899057560; -100.33723339600, 30.47053471100; -100.33839973500, 30.47214836470; -100.33944177300, 30.47382463000; -100.34035504400, 30.47555633210; -100.34113563100, 30.47733605840; -100.34178018600, 30.47915619030; -100.34228594000, 30.48100893580; -100.34265072100, 30.48288636280; -100.34287295800, 30.48478043310; -100.34295169300, 30.48668303680; -100.34295216400, 30.48681482550; -100.34288704900, 30.48871781560; -100.34277468300, 30.48989300360; -100.34275229700, 30.49008076470; -100.34265596900, 30.49080080390; -100.34230458000, 30.49268015210; -100.34181199300, 30.49453557230; -100.34118031100, 30.49635911780; -100.34041223000, 30.49814297770; -100.33951103400, 30.49987951090; -100.33902135800, 30.50071192280; -100.33885428600, 30.50098499780; -100.33831350100, 30.50183435270; -100.33750815900, 30.50298798940; -100.33737830400, 30.50316462340; -100.33725313200, 30.50334377430; -100.33649928000, 30.50437335860; -100.33522402700, 30.50592423780; -100.33383432000, 30.50739956170; -100.33233610900, 30.50879300920; -100.33073580800, 30.51009860950; -100.32904027100, 30.51131076820; -100.32725675900, 30.51242429090; -100.32539291300, 30.51343440580; -100.32345671800, 30.51433678420; -100.32145647000, 30.51512755870; -100.31940073900, 30.51580334030; -100.31729833500, 30.51636123280; -100.31515826700, 30.51679884510; -100.31298970800, 30.51711430170; -100.31080195200, 30.51730625030; -100.30860437600, 30.51737386840; -100.30640639700, 30.51731686620; -100.30421743800, 30.51713548790; -100.30204688000, 30.51683051090; -100.29990402500, 30.51640324250; -100.29779805800, 30.51585551380; -100.29573800300, 30.51518967230; -100.29373268900, 30.51440857180; -100.29179070800, 30.51351555980; -100.29025187700, 30.51270272510; -100.28976799600, 30.51243144270; -100.28943452900, 30.51224448600; -100.28924634700, 30.51213988080; -100.28904778000, 30.51203284760; -100.28864343700, 30.51181648750; -100.28864343700, 30.51181648750; -100.28819794100, 30.51157810390; -100.28779159200, 30.51136079360; -100.28749632500, 30.51120331780; -100.28749632500, 30.51120331780; -100.28746031400, 30.51118411210; -100.28648769700, 30.51064519690; -100.28469711100, 30.50954025830; -100.28299386500, 30.50833626260; -100.28138525300, 30.50703836940; -100.27987816500, 30.50565213990; -100.27847905300, 30.50418351410; -100.27719390800, 30.50263878440; -100.27602822900, 30.50102456910; -100.27498700400, 30.49934778400; -100.27407468800, 30.49761561230; -100.27329518200, 30.49583547440; -100.27265181700, 30.49401499540; -100.27214734100, 30.49216197320; -100.27178390600, 30.49028434420; -100.27156306100, 30.48839014990; -100.27148574300, 30.48648750250; -100.27155227500, 30.48458454950; -100.27176236300, 30.48268943940; -100.27211509900, 30.48081028680; -100.27260896400, 30.47895513720; -100.27309872000, 30.47750855770; -100.27320853700, 30.47721279440; -100.27335165300, 30.47683616960; -100.27412081100, 30.47505271550; -100.27502295800, 30.47331664640; -100.27605422600, 30.47163539380; -100.27721019400, 30.47001615390; -100.27848590800, 30.46846585730; -100.27987590200, 30.46699113890; -100.28087571900, 30.46604167090; -100.28089699200, 30.46602234420; -100.28143846200, 30.46552317010; -100.28210527200, 30.46492576840; -100.28226336300, 30.46478903300; -100.28330722900, 30.46389214950; -100.28474932100, 30.46272388560; -100.28591052700, 30.46187673440; -100.28607154500, 30.46176455230; -100.28660557500, 30.46140013550; -100.28838860900, 30.46028718370; -100.29025181100, 30.45927761180; -100.29218720700, 30.45837573970; -100.29418651200, 30.45758542600; -100.29456534200, 30.45745080510; -100.29463441500, 30.45742668400; -100.29631024500, 30.45688593040; -100.29841146700, 30.45632838520; -100.30055026000, 30.45589105500; -100.30271747500, 30.45557581080; -100.30490383800, 30.45538400120; and -100.30709999600, 30.45531644700.
(CC) [(X)] Existing SZs may be
modified and additional SZs may be designated as necessary by the
executive director as provided in §65.84 of this title (relating
to Powers and Duties of the Executive Director).
(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 8, 2024.
TRD-202402992
Todd S. George
Assistant General Counsel
Texas Parks and Wildlife Department
Earliest possible date of adoption: August 18, 2024
For further information, please call: (512) 389-4775