PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 51. EXECUTIVE
SUBCHAPTER O. ADVISORY COMMITTEES
The Texas Parks and Wildlife Commission in a duly noticed meeting on January 25, 2024, adopted new 31 TAC §51.673, concerning the Oyster Advisory Committee (OAC), without changes to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7865). The rule will not be republished.
Parks and Wildlife Code, §11.0162, authorizes the Chairman of the Texas Parks and Wildlife Commission (the Commission) to "appoint committees to advise the commission on issues under its jurisdiction." Under Parks and Wildlife Code, Chapter 76, the legislature has designated the department as the primary regulatory agency for public oyster beds and certificates of location (oyster leases), including the taking, possession, purchase, and sale of oysters. Government Code, Chapter 2110, requires that rules be adopted regarding each state agency advisory committee. Unless otherwise provided by specific statute, the rules must state the purpose of the committee and describe the way the committee will report to the agency. The rules may also establish the date on which the committee will automatically be abolished, unless the advisory committee has a specific duration established by statute. Under this authority, the Commission has established a number of advisory committees to provide the department with informed opinion regarding various aspects and dimensions of the department's mission. These advisory committees perform a valuable service for the department and the people of Texas.
The department is the primary state agency responsible for the regulation and management of public and private oyster beds, including the taking, possession, purchase, and sale of oysters. Staff have determined that the creation of an advisory board for matters involving oysters would be helpful in assisting the department and the commission in determining and executing appropriate strategies to maximize the long-term health of oyster resources and the additional habitat and ecosystem services they provide.
The department received seven comments opposing adoption of the rule as proposed.
Four commenters opposed adoption and stated various preferences for the composition of the OAC membership. The department disagrees with the comments and responds that appointments to the OAC are at the sole discretion of the Chairman of the Parks and Wildlife Commission.
Three commenters provided statements addressing resource concerns, but they did not specifically address the substance of the rule as proposed and are, therefore, not germane. No changes were made as a result of the comments.
The department received 24 comments supporting adoption of the rule as proposed.
The new rule is adopted under Government Code, Chapter 2110, which requires the adoption of rules regarding state agency advisory committees.
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 March 5, 2024.
TRD-202400973
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: March 25, 2024
Proposal publication date: December 22, 2023
For further information, please call: (512) 389-4775