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Texas Parks and Wildlife Department Self-Evaluation Report

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Texas Parks and Wildlife Department Self-Evaluation Report Texas Parks and Wildlife Department Self-Evaluation Report August 2007 TABLE OF CONTENTS I. Agency Contact Information............................................................................................................ 1 II. Key Functions and Performance...................................................................................................... 3 III. History and Major Events .............................................................................................................. 13 IV. Policymaking Structure.................................................................................................................. 19 V. Funding .......................................................................................................................................... 33 VI. Organization................................................................................................................................... 55 VII. Guide to Agency Programs............................................................................................................ 59 Executive Office............................................................................................................................ 61 Legal Division................................................................................................................................ 69 Administrative Resources Division ............................................................................................... 77 Communications Division............................................................................................................. 87 Human Resources Division.......................................................................................................... 107 Inland Fisheries Division ............................................................................................................. 115 Coastal Fisheries Division ........................................................................................................... 129 Wildlife Division......................................................................................................................... 149 State Parks Division..................................................................................................................... 163 Information Technology Division................................................................................................ 177 Infrastructure Division................................................................................................................. 187 Law Enforcement Division.......................................................................................................... 197 VIII. Statutory Authority and Recent Legislation................................................................................. 209 IX. Policy Issues................................................................................................................................ 227 X. Other Contacts............................................................................................................................. 229 XI. Additional Information................................................................................................................ 271 Complaint Data............................................................................................................................ 271 HUB Data.................................................................................................................................... 271 EEO Data..................................................................................................................................... 275 XII. Agency Comments....................................................................................................................... 277 TPWD Self-Evaluation Report Texas Parks and Wildlife Department Self-Evaluation Report I. Agency Contact Information A. Please fill in the following chart. Texas Parks and Wildlife Department Exhibit 1: Agency Contacts Telephone Number Name Address Fax Number Email Address Agency Head Robert L. Cook 4200 Smith School Road 512/389-4802 Austin, TX 78744 Fax: 512/389-4814 [email protected] Agency’s Sunset Liaison Harold W. Stone 4200 Smith School Road 512/389-4530 Austin, TX 78744 Fax: 512/389-4814 [email protected] August 2007 1 Sunset Advisory Commission TPWD Self-Evaluation Report August 2007 2 Sunset Advisory Commission TPWD Self-Evaluation Report II. Key Functions and Performance Provide the following information about the overall operations of your agency. More detailed information about individual programs will be requested in a later section. A. Provide an overview of your agency’s mission, objectives, and key functions. The mission of the Texas Parks and Wildlife is to manage and conserve the natural and cultural resources of Texas and to provide hunting, fishing and other outdoor recreation opportunities for the use and enjoyment of present and future generations The Department's primary functions are the management and conservation of the state's natural and cultural resources, provision of outdoor recreational opportunities, conservation education and outreach, and cultural/historical interpretation. To this end, the Department operates and maintains a system of public lands, including state parks, historic sites, hatcheries and wildlife management areas; monitors, conserves and enhances the quality of public and private lands, rivers, streams, lakes, coastal marshes, bays, beaches and gulf waters; manages and regulates fishing, hunting and boating activities; assists public and private entities in providing outdoor recreational opportunities; conducts education and outreach events and programs; and cooperates with other governmental entities in this area The key functions, powers, and duties of the Department are contained in the Parks and Wildlife Code enacted as a part of the state’s continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 488, Acts of the 58th Legislature, 1963 (Article 5429b-1, Vernon’s Texas Civil Statutes). Among those of overarching significance to the Department in the conduct of its operations are: Section 1.011 - establishes that all wild animals, fur-bearing animals, wild birds, and wild fowl inside the borders of the state are the property of the people of the state. In addition, all fish and other aquatic animal life contained in the freshwater rivers, creeks, and streams and in lakes or sloughs subject to overflow from rivers or other streams within the borders of the state are the property of the people of the state. Also that the beds and bottoms and the products of the beds and bottoms of the public rivers, bayous, lagoons, creeks, lakes, bays, and inlets in this state and in that part of the Gulf of Mexico within the jurisdiction of the state are the property of the state. Finally this section directs the Parks and Wildlife Department to regulate the taking and conservation of fish, oysters, shrimp, crabs, turtles, terrapins, mussels, oysters, all other kinds and forms of marine life, sand, gravel, marl, mud shell, and all other kinds of shell in accordance with other provisions of the Parks and Wildlife Code. Section 11.0191 - gives authority for law enforcement officers commissioned by the Parks and Wildlife Director and any other peace officer to enforce all provisions of the Parks and Wildlife Code. Section 12.001 - directs the Department (Parks and Wildlife) to administer the laws relating to game, fish, oysters, and marine life, set out in the Parks and Wildlife Code. Section 12.0011 - establishes the Department as the state agency with primary responsibility for protecting the state’s fish and wildlife resources. Section 12.015 - directs the Department to regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state. Section 12.105 - allows the Department to file complaints in the name of the State of Texas to recover fines and penalties for violations of the laws relating to game, birds, and fish. August 2007 3 Sunset Advisory Commission TPWD Self-Evaluation Report Section 12.024 - requires TCEQ to furnish a copy of all water rights permits to TPWD to allow TPWD to make recommendations to protect fish and wildlife resources and allows TPWD to be a full party in any hearing on an application. Section 12.302 - requires TPWD to adopt rules to determine value of injured or destroyed fish and wildlife resources for determining damages under the Parks and Wildlife Code and the Water Code. Section 13.001 - provides that unless there is a law to the contrary all recreational, natural and historical areas designated as state parks are under the control and custody of the Parks and Wildlife Department. Section 13.302 - establishes the Parks and Wildlife Department as the state agency to cooperate with the federal government in the administration of federal assistance programs for the planning, acquisition, operation, and development of the outdoor recreation resources of the state, including acquisition of land and water and interests in land and water. Section 13.305 - allows the Department to exercise condemnation proceedings according to the laws of this state to acquire land for programs developing outdoor recreation resources. Section 14.002 - directs the Department and the General Land
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