Texas Parks and Wildlife Commission
Finance Committee
May 30, 2001
Commission Hearing RoomTexas Parks & Wildlife Department Headquarters Complex
4200 Smith School Road
Austin, TX 78744
1 6 BE IT REMEMBERED that heretofore on the 30th day 7 of May, 2001, there came on to be heard matters under the 8 regulatory authority of the Parks and Wildlife Commission 9 of Texas, in the Commission Hearing Room of Texas Parks 10 and Wildlife Headquarters Complex, Austin, Travis County, 11 Texas, beginning at 11:27 a.m., to wit: 12 APPEARANCES: THE PARKS AND WILDLIFE COMMISSION 13 Finance Committee Chair: Ernest Angelo, Jr. 14 Lee M. Bass, Ft. Worth, Texas, Chairman John Avila, Jr., Fort Worth, Texas 15 Alvin L. Henry, Houston, Texas Carol E. Dinkins, Houston, Texas, Vice-Chair 16 Ernest Angelo, Jr., Midland, Texas Katharine Armstrong Idsal, Dallas, Texas 17 Mark E. Watson, San Antonio, Texas Phil Montgomery, Dallas, Texas 18 Joseph Fitzsimons, San Antonio 19 THE PARKS AND WILDLIFE DEPARTMENT: 20 Andrew Sansom, Executive Director Other personnel of the Parks and Wildlife Department 21 22 23 24 25 ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 2 1 FINANCE COMMITTEE 2 * * * * * * * * * * 3 MAY 30, 2001 4 * * * * * * * * * * 5 11:27 A.M. 6 * * * * * * * * * * 7 COMMISSIONER ANGELO: The first item of 8 business for the Finance Committee would be approval of 9 the committee minutes from the previous meeting. 10 Do I hear a motion to that effect? 11 COMMISSIONER HENRY: Moved. 12 COMMISSIONER ANGELO: Any corrections or 13 additions? 14 COMMISSIONER FITZSIMONS: Second. 15 COMMISSIONER AVILA: Second. 16 COMMISSIONER ANGELO: All in favor say aye. 17 Minutes have been approved. The first item of 18 business is a briefing from the Chairman's charges from 19 Mr. Sansom. Andy? 20 BRIEFING - CHAIRMAN'S CHARGES 21 MR. SANSOM: Yes, sir. Mr. Chairman, 22 briefly one of the key charges to this committee was to 23 implement the authority and direction given by this recent 24 legislature and fully participate in the Sunset Review. 25 You will be receiving a full briefing on the outcome of ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 3 1 the Sunset legislation this morning. 2 You've asked us and directed us to ensure 3 uninterrupted service of the Texas Outdoor Connection, 4 which is the largest automated licensing implementing 5 system in the world. And Jayna Burgdorf will brief you on 6 the status of our new system, which goes into effect this 7 summer. 8 You've directed us to enhance marketing and 9 promotion opportunities. And I'm happy to report to you 10 that as of May 18th, we've sold over 15,000 of the horny 11 toad license plates which have produced about $3,011,000 12 in gross revenue. As of May 18, the Avila plate has sold 13 a total of 351. And you should be seeing those on the 14 road this month. Thank you, Mr. Chairman. 15 COMMISSIONER ANGELO: Our Item No. 2 on the 16 agenda is a briefing again on the Financial Review Update 17 from Suzy Whittenton, who will present a financial review 18 for fiscal year 01. Suzy? 19 ITEM NO. 2 - BRIEFING - FINANCIAL REVIEW UPDATE 20 MS. SUZY WHITTENTON: Thank you. For the 21 record, I'm Suzy Whittenton, Chief Financial Officer. 22 Today I'll cover quickly the current revenue status of our 23 accounts, the status of expenditures compared to budgets 24 and then show you our time line for next year's operating 25 budget preparation. ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 4 1 Start with Account 9, which is the Game, Fish 2 and Water Safety account where we deposit license fees and 3 boat registrations. And then I'll show you an estimated 4 ending cash balance for fiscal year end on that account. 5 When we compare the total number of license 6 sales from this year to last year, the numbers sold are 7 down slightly about two-and-a-half percent. However, the 8 super combo sales are up nearly 19 percent. Regular 9 resident hunting or fishing licenses and non-resident 10 hunting and fishing licenses are down, as are stamp sales. 11 And although the number of licenses sold are down, the 12 total revenue from this source is up, primarily due to the 13 success of the super combo. And we've sold just under 14 two-and-a-half million licenses and stamps so far this 15 year. 16 When we look at just straight hunting licenses or hunting 17 and combination licenses sold, the number's actually up 18 over last year when you include the combination sale -- 19 combination licenses. These numbers have not changed much 20 since the last meeting. A total of 1,046,000 hunting type 21 licenses have been sold as of the month of May. 22 Fishing license sales are pretty close to even 23 when compared to this same period last year. Combination 24 sales are up. Resident fishing and resident non -- 25 non-resident fishing sales are down. Since the last ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 5 1 meeting we've sold an additional 245,000 fishing licenses. 2 This is probably due to the excellent lake conditions and 3 time of year. We've currently sold 1,385,000 fishing and 4 combination licenses. 5 And as I said earlier, license revenue is up by 6 just under $2 million or 3.3 percent over this same period 7 last year. Part of the increase, as I said, is due to the 8 continued shift to the super combo from other types of 9 licenses and, also, $700,000 of it is due to the increase 10 in the saltwater stamp fee. 11 It's important to remember that we don't base 12 our budget strictly on last year's revenue, and we tend to 13 budget more conservatively. And so we have collected 14 almost 97 percent of the license revenue that we counted 15 on to fund our budget. And at this point we actually 16 expect to exceed the budgeted amount here. But it shows 17 of the $62 million that we've budgeted, we've collected 18 almost all of it at this point. 19 Turning to boat registration and titling fees, 20 which are also deposited in that fund, in Fund 9, we had 21 projected $13.5 from that source. The conservative 22 revenue estimate and -- as of the end of April, revenue 23 was up $338,000 over the same period last year. And you 24 can see it's likely that that number will be higher. 25 As of the end of the April, we had collected ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 6 1 53 percent of the budgeted revenue or 7.2 million of that 2 $13.5 million that we budgeted or projected, and continue 3 to believe that we'll meet or exceed that target. 4 The estimated ending balance of unobligated 5 funds in this account is expected to be at least $3 6 million by year end. This takes into account all -- it 7 substracts out all the dedicated amounts and anticipated 8 encumbrances. So we think we'll have $3 million just 9 unobligated to start the next fiscal year with. 10 Now, in the State Parks account, Account 64, 11 we'll look at revenue status and projected cash balances. 12 When you compare the period September through April, 13 revenue's about 10 percent lower this year than last year, 14 10-and-a-half percent. As we've discussed in previous 15 meetings, weather conditions weren't ideal in the winter 16 and fall months and so park revenue was down. And also in 17 the year 2000, we had significantly higher revenue than 18 normal. So we're not surprised by these numbers, nor are 19 we concerned at this point about being able to fund the 20 current operating budget from State park funds -- State 21 park fees. We didn't base our budget, again, on last 22 year's revenue numbers. 23 The parks-funded budget was based on $23 million 24 in estimated park fees. And even with the slow start this 25 year, the current projections indicate we will exceed that ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 7 1 amount. So the current estimate is $23.3 million. And if 2 the summer months are good, as they have been in the last 3 couple of months, that estimate -- it will end up -- we'll 4 come in higher than the $23.3. This is so dependent on 5 weather. 6 This graph shows the trend in park revenue over 7 the last six years. And you can see that revenue seemed 8 to have peaked in the year 2000 and it's now dropping back 9 off. Our estimate is now about at what we did in fiscal 10 year '99. Again, our 2001 estimate could easily come in 11 higher than this current projection. 12 The $23 million we included in our budget, we've 13 already collected $13.3 or about 58 percent. 14 Historically, we collect most of our park revenue in the 15 spring and summer months, so we don't expect to have any 16 trouble collecting the remaining $9.7 million. 17 This pie chart shows when park revenue tends to 18 be collected. You can see that 64 percent of it tends to 19 come in the third and fourth quarters, which is March 20 through August. And the numbers we've been reporting on 21 today are only revenue through April. So there are still 22 four more historically high revenue months unreported at 23 this time. 24 We're projecting to have $2.3 million 25 approximately in unobligated balances at year end in this ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 8 1 account, and this is not far off from what we usually have 2 to start the year off. So that's good news. 3 And I'll show you where we are in terms of 4 spending and our current operating budget and then let you 5 know of our plans for the next year's operating budget. 6 As of the end of April, which is two-thirds 7 through the fiscal year, we've spent 65 percent of 8 budgeted funds. This includes all payables and 9 encumbrances and shows that we're about where we should 10 expect to be for cash flow purposes in the year. 11 And this time of year is when we start focusing 12 on the coming year's operating budget. Last week we had 13 our budget kickoff meeting to begin the collection of 14 budget data by division. And we've decided this year to 15 prepare a zero-based budget, so divisions will have to 16 request every dollar from zero up in this process. 17 Submissions are due from each division on June the 8th and 18 then we'll have presentations to executive staff in late 19 June. 20 If the Commission would like to have a budget 21 workshop, work session, we would like to get that 22 scheduled in advance -- in enough time in advance of the 23 August Commission meeting. At that meeting, we'll be 24 asking for your final approval on the FY02 budget. 25 COMMISSIONER MONTGOMERY: Is this the first ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 9 1 time a zero-based budgeting has been used? Is it -- 2 MS. SUZY WHITTENTON: The first time at 3 least in some number of years. We've been using a 4 procedure called 95 percent budgeting, where each division 5 was required to cut five percent and show the executive 6 staff where they take their cuts from. But they were kind 7 of -- the first 95 percent was kind of a given that -- and 8 this time we thought we would try it a little differently, 9 see how it works. 10 MR. SANSOM: We wanted to -- we have a 11 natural resistance as a culture to just assuming a base, 12 but, yet, it had become pretty obvious to us that 95 13 percent had become an exercise that had lost a lot of its 14 impact. So we -- so we're going to go back and try to do 15 it from the ground up this year. We're pretty excited 16 about it. 17 I would echo something that Ms. Whittenton has 18 just said that, members, while you're here this week, we 19 would like for you to look at your calendars and see 20 whether there's a possibility of a workshop session on the 21 budget sometime in mid July to the first week of August so 22 that we can bring you more fully into this process prior 23 to the time that you'll be presented with its final 24 adoption in August. 25 COMMISSIONER ANGELO: That work session is ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 10 1 vital, I think. We really need to. Last year, we let it 2 get by without the full Commission getting involved in it. 3 And I think it's important that we, at this meeting, try 4 to get together on a date that gets all or most of us to 5 do this. 6 Does anyone have any questions or comments? I 7 guess before entertaining the first one of those, I would 8 like to point out something that kind of went by fairly 9 fast, but I think it's real significant and hopefully it's 10 a trend. 11 But the total hunting licenses sold as of May 16 12 are up 3.6 percent. And that's -- that's something we 13 haven't seen much of in the recent times. And even though 14 the numbers are kind of confusing to understand and in 15 terms of what they really mean, I think that one stands 16 out as something significant to us all. 17 Are there any other comments or questions? 18 Hearing none, we'll move on to the next item on the 19 agenda, which, again, is a briefing. And this time it's a 20 the automated license system. 21 To bring us up-to-date, Suzy is presenting this 22 with Jayna Burgdorf, I believe, as the main commentator. 23 Jayna? 24 BRIEFING - ITEM NO. 3 - LICENSE POINT OF SALE UPDATE 25 MS. BURGDORF: Hi. Members of the ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 11 1 Commission, my name is Jayna Burgdorf, and I'll be 2 updating you on the status of our transition from our 3 automated license system, which is currently managed by 4 Transactive and which will be operated by WorldCom. 5 We're going to be selling licenses on two 6 different platforms. One will be a P.C. and the other 7 will be a point-of-sale terminal. The P.C. will be 8 provided by our license agents along with their own 9 Internet connection. The printer will be provided by 10 WorldCom. And this setup will be used by our own offices 11 as well as low-volume licensed deputies which sell less 12 than 100 licenses per year. 13 Nancy Collins, who's the director of World 14 Markets -- excuse me, Government Markets for WorldCom came 15 and met with us last week with Andy and committed to the 16 dates that I'm going to present to you today. The 17 roll-out for the P.C. system is as follows: The 18 application will be fully developed and ready for pilot by 19 June 30 -- June 20th; excuse me. The training via 20 computer, video and help desk and equipment deployment 21 will start June 11th. Live sales of recreational licenses 22 will start June 30th. And then our own offices who sell 23 the commercial licenses will actually start those sales on 24 July 21st. 25 The second application, the hypercom ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 12 1 point-of-sale terminal, similar to the equipment that we 2 use right now with the improvements of a bar code reader, 3 a built-in receipt printer and a touch screen. It's 4 primarily used by higher volume retailers, and, again, 5 those are folks that sell more than 100 licenses per year. 6 Now, the date that's on the slide and that's in 7 your packet has changed as of yesterday for the classroom 8 training and equipment deployment. We agreed with 9 WorldCom yesterday to move that to the 18th. They wanted 10 a little bit of extra time, and we were wanting to use 11 that extra time to both review the training. And we also 12 got them to agree to spread the training throughout the 13 summer. That better matches what our licensed deputies 14 want in terms of training instead of consolidating it in a 15 three-week period. That also doesn't change the critical 16 dates of development being ready by June 30th and live 17 sales starting on July 14th. 18 Okay. This is our coverage by county. These 19 are sales location. The yellow are where we have no 20 agents selling licenses. And this is true under the 21 Transactive system. So these are not new locations where 22 people are just dropping out of the system. That's 23 probably true in one location where an individual was 24 asked if they would take the P.C. version; they're a low 25 volume seller. They declined. We asked them, "Well, if ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 13 1 we provide it for free, the full setup, the hypercom 2 terminal, would you continue to sell?" No. They didn't 3 think they were interested in continuing to sell anymore. 4 But, in general, these are counties where we haven't had 5 sales for a while. 6 The green are counties where we have only a low 7 volume seller. The P.C. agent basically sells less than 8 100 licenses per year, and they're going to continue with 9 the system. And then the vast majority of the state is 10 covered by counties where there is at least one higher 11 volume seller of licenses. 12 The final point I want to make is that we have 13 preliminary indications from our legal counsel that we 14 will need to require Social Security numbers for license 15 sales for child support enforcement purposes, because with 16 this new system we will have an updated DPS driver's 17 license database. When you input your driver's license 18 either by keying it in or mag stripe, that information 19 will automatically be updated in the file. The sales 20 clerk will not see an individual's Social Security number, 21 but the actual information will be transferred to the 22 Attorney General in a database file. So that's going to 23 be a change for our customers to some extent. It will be 24 invisible for the vast majority of them who use their 25 driver's license anyway. And it will be a little bit of a ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 14 1 change, then, for our license agents who right now request 2 a Social Security number but do not require it. 3 And I'll be happy to answer any questions. 4 CHAIRMAN BASS: Jayna, for the youth 5 license that are required for, you know, the tags, 6 basically, they obviously -- most of them won't have a 7 driver's license. 8 MS. BURGDORF: Right. 9 CHAIRMAN BASS: Is there a way to kind 10 of -- and they won't, I wouldn't think, have child support 11 obligations. 12 MS. BURGDORF: Right. 13 CHAIRMAN BASS: But they also may not have 14 a Social Security number or remember it or have it with 15 them. 16 MS. BURGDORF: Right. 17 CHAIRMAN BASS: Is there a way to opt them 18 out of that? 19 MS. BURGDORF: At this point, we're 20 planning on not requesting anyone's Social Security number 21 if they're under 18. So that's the plan. 22 CHAIRMAN BASS: So if you have a driver's 23 license and you're under 18, you're never really going to 24 know that this happens? 25 MS. BURGDORF: Right. Well, if you have a ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 15 1 driver's license and you use it to purchase your license, 2 you probably won't know that this is happening at all. 3 So... 4 COMMISSIONER ANGELO: Any other questions 5 or comments? 6 COMMISSIONER MONTGOMERY: Are you all 7 confident you have the managerial and contractual 8 commitment now from WorldCom to roll it out on schedule? 9 I know that was a question a few weeks ago. 10 MS. BURGDORF: Right. And I believe that 11 having the Director of Government Markets -- basically, 12 she's probably two or three folks down from the Chairman 13 of the Board. So she's, you know, the little top person 14 in this unit, in this section of Worldcom. This is an 15 extremely visible project for them. We know for a fact 16 that they've already applied more resources to this 17 project than they anticipated. So they have every 18 interest making it a success. So we believe that they're 19 going to do what it takes to get this done and get these 20 licenses sold. 21 COMMISSIONER ANGELO: Anything else? Thank 22 you. Very good. 23 Item 4 on our agenda is another briefing on 24 legislative update from Joey Park. 25 BRIEFING - ITEM NO. 4 - LEGISLATIVE UPDATE ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 16 1 MR. SANSOM: Mr. Chairman, I've asked both 2 Joey and Suzy and Harold Stone, who worked on our 3 legislative team, to present this briefing to you. These 4 are the three officers of the Department most -- who were 5 most involved in the legislative process. 6 MS. WHITTENTON: Thank you, Andy. I'm just 7 going to cover real quickly the appropriations bill and 8 then turn it over to Joey to handle all other legislative 9 action. 10 So I thought we would start with SB-1, which is 11 a General Appropriations Act, and look at quickly the 12 differences between what we asked for and what we 13 ultimately ended with and then some of the changes that 14 were made to our riders. 15 Just as a quick reminder, what we asked for was 16 base level funding with the addition of five million 17 dollars per year for park services. And with that five 18 million dollars, this was new money, general revenue and 19 81 new employees. We also asked for eight million dollars 20 a year in new money for -- to be able to set up a 21 scheduled facility repair program. And we asked for just 22 the authority to spend the money that we earn from 23 saltwater stamp fee on licensed buy-backs. We have the 24 money, the cash; we just don't have the authority to spend 25 it. We asked for that. ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 17 1 We also asked for our entrepreneurial rider, 2 which we lost last session. So we've gone two years 3 without it. We asked for the authority to have that back. 4 What that does for us is it allows us to spend -- if we 5 earn more money than we originally project, if we bring in 6 more money, we can spend it and it doesn't just sit there 7 in our funds. 8 Okay. What we ended up getting is -- is -- the 9 first thing that happened was they -- the legislative 10 budget board staff took a cut to our base of 11 two-and-a-half million from Account 9 for what they 12 identified were one-time only projects. They were called 13 conservation education projects. 14 The good news was they did act on all of our 15 other requests. They gave us -- out of the five million 16 that we asked for in park services, they did give us 17 $4.2 million of new money, general revenue money, and the 18 authority to hire the 81 full-time employees. 19 The other $800,000 per year, they gave us the 20 authority to spend out of our own State parks account, if 21 the money should be there. 22 And then for the facility repairs, the 23 legislature approved general obligation bonds, a big bond 24 package that will be voted on in November. That includes 25 money for the backlog of repairs that we still have, gave ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 18 1 us money to set up a scheduled repair program, but it also 2 includes money for the battle ship, the Nimitz and San 3 Jacinto, Sheldon. Is that it? 4 They also included our entrepreneurial rider, 5 and the entrepreneurial rider will also allow us to spend 6 the money, the saltwater stamp fee increase, on license 7 buy-backs. So that rider alone covered two of our 8 original requests. 9 Another thing that the legislature acted on this 10 session was they granted employee pay raises, which is 11 great news for our employees. It was a four percent pay 12 raise or $100 a month, whichever is greater, but it 13 presented something of a budget challenge, because they 14 didn't give us money -- new money to come up with the pay 15 raises. So that will hit our cash balances pretty hard. 16 In fact, our estimate is about five million dollars a year 17 is what that will cost us. 18 And then at the end of the session, additional 19 funds were added for Hermann Park. New general revenue 20 money was added to the local park funds for that 21 particular park. 22 Also, some changes were made to some of our 23 riders. We had asked for the authority to -- for 24 landowner incentive program grants to be treated the same 25 way construction grants are treated, which means that ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 19 1 they'll carry forward for five years or that landowner 2 will have five years to finish his program, which is good 3 for the landowner. Currently, they only have three years 4 to spend those funds. 5 One bit of bad news was we got a rider that 6 limits our out-of-state travel to 75 percent of what we 7 normally spend. So we're going to have to take a 25 8 percent cut in out-of-state travel. 9 CHAIRMAN BASS: Good things those national 10 meeting are in Texas. 11 MS. SUZY WHITTENTON: We'll have to start 12 trying to get all meetings to be in Texas. 13 And I think we talked before about the radio 14 systems requirement where our radios have to be 15 interoperable with DPS's radios by January. We don't 16 think that will be a problem. 17 State -- we asked to have land sale proceeds be 18 reappropriated so that we can -- once we sell land we can 19 use that money to buy additional land if we -- if there's 20 anything available, and we did get that authority. 21 One of the most important riders is the 22 commercial fishery license fee changes where we were 23 required to raise fees to cover the cost of that program. 24 There's some changes to our local parks rider, 25 which requires that certain amount of funds were used out ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 20 1 of that local parks -- the local parks account. 2 The park restoration is for the Hermann Park; 3 money that we talked about earlier, and then some minor 4 things. They added some reporting requirements to us for 5 Game Wardens, FTEs, capital equipment, kind of extra 6 reporting we need to do to our oversight agencies. And 7 then, finally, this Lake Fort Parker and Lake Casa Blanca 8 that we've been asked to apply for federal funds for 9 these. One is a restoration project and one is a dredging 10 project. 11 MR. SANSOM: Members, I would like to say 12 that particularly because of the work for Harold and Suzy 13 and Harold Stone, whom you've met for the first time 14 today, this really -- the bottom line is this is the 15 largest increase in budgetary funds and authority in the 16 Department's history. It's going to be nearly $50 million 17 dollars in increases. 18 CHAIRMAN BASS: If the bonds pass. 19 MR. SANSOM: If the bonds pass. And they 20 will be on the ballet in November. And we will be working 21 with some of the other agencies in the next couple weeks 22 to try to determine how to approach that issue. 23 The issue that I think is important that we 24 bring to your attention today is that I did use the word 25 "authority". A lot of this is -- is -- is -- comes in the ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 21 1 form of increased spending authority through the 2 entrepreneurial rider, but also increased mandated 3 expenditures including -- the largest one being the 4 employee pay raise. We will be, therefore -- as we get 5 through the summer - and one of the reasons why I believe 6 this workshop is so important - and in the fall, 7 presenting you with an analysis of our entire fee 8 structure from boats to commercial fisheries to 9 recreational hunting and fishing licenses and park fees to 10 determine what I believe will be some necessary 11 adjustments, upward adjustments, some of which were 12 mandated and some of which we will need to do. So that 13 will be a big task for us this summer and one that we will 14 want to alert you to as early as possible, that we are 15 looking at the increases. 16 CHAIRMAN BASS: I have a question on the 17 G.O. bonds. If that package passes, how many dollars will 18 come to the Department in this current biannual? 19 MS. SUZY WHITTENTON: It's $36 million. 20 And fiscal year 2003 is when it's appropriated. So we 21 actually couldn't get to it in the coming fiscal year. 22 CHAIRMAN BASS: So zero comes in -- 23 MS. SUZY WHITTENTON: In 2002. There are 24 provisions in Article 9 that let you move money between 25 fiscal years. So it doesn't necessarily mean we can't get ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 22 1 to any of it in 2002. But it's appropriated -- 2 MR. SANSOM: But as a practical matter, if 3 you look at the bond process, the election will take place 4 in November. And even in our bonds, it often takes as 5 much as six to eight months to get through the bond sales 6 and issuance. So it will take most of -- 7 MS. SUZY WHITTENTON: Probably until 8 February. 9 MR. SANSOM: Presuming they pass, it will 10 take a good part of the year just to issue them. 11 MR. JOEY PARK: Good morning, 12 Commissioners. My name is Joey Park. I'm the Director of 13 Intergovernmental Affairs. I've got a brief presentation 14 for you of bills that passed this session that affect the 15 Department. 16 First and most important bill that passed this 17 session was SB-305, our Sunset bill. Some of the 18 highlights and provisions of this bill include, first and 19 most importantly, it extends the agency for 12 more years. 20 Secondly, it calls for an increase in public 21 input into the Commission process. 22 SB-305 removes the reporting requirements for 23 law enforcement related to the racial profiling bill that 24 was passed this session. It will prohibit the advertising 25 of tobacco in any of our publications, and there will be ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 23 1 an increase in oversight of employee fundraising. 2 SB-305 requires that the Department create a 3 land and water resource conservation plan. We'll be 4 required to improve our business oversight for the 5 Department's commercial ventures. It directs us to better 6 manage our education and outreach efforts, as well as 7 improving our capital projects process. 8 And, lastly, it makes changes to the private 9 oyster lease program as set forth in the State Auditor's 10 report last year. 11 Next, Senate Bill 2, the water bill. Some of 12 the provisions of SB 2 include the creation of the Texas 13 Water Advisory Council, which will provide guidance on 14 state water issues. It allows for surface water and 15 groundwater management to be consideration of natural 16 resources. 17 SB 2 ratifies the groundwater districts created 18 by SB-1911 of the 76th legislature last session. Lastly, 19 it establishes a joint committee on water resources with 20 an interim study on the appropriate role of environmental 21 and wildlife concerns on water permitting and developing, 22 including the protection of the natural condition of the 23 State-owned river beds. 24 SB-1173 provides for the issuance of up to nine 25 million dollars in revenue bonds to be used to finance the ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 24 1 repair, renovation, improvement, expansion and equipping 2 of the Admiral Nimitz Memorial Naval Museum. 3 SB-1194 amends Parks and Wildlife Code, making 4 it a Class C Parks and Wildlife misdemeanor to hunt, sell, 5 purchase or possess a bat in this state. However, it does 6 not apply to a bat in a building occupied by people. 7 Certain authorized individuals, including licensed pest 8 control operators or a person transporting a bat that is a 9 threat to human health or safety. 10 SB-1410 gives the Parks and Wildlife Commission 11 the authority to establish and make rules governing a 12 closed season for crab traps in our public waters. This 13 period when waters are closed to crab traps will provide 14 an opportunity to remove and dispose of abandoned or 15 illegal traps in our Coastal water. 16 SB-1573 amends the Parks and Wildlife Code by 17 adding Chapter 32, floating cabins. Provide a general 18 prohibition of floating cabins in the saltwater of this 19 State. It allows the Department to adopt rules to 20 implement procedures for permitting the placement and 21 maintenance of floating cabins in our coastal water. 22 CHAIRMAN BASS: Good slides, by the way. 23 COMMISSIONER FITZSIMONS: Yeah. Those are 24 well-chosen. 25 CHAIRMAN BASS: You really went out of your ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 25 1 way to make it look like an upscale community. 2 COMMISSIONER FITZSIMONS: Are there some 3 fees associated with that registration? 4 MR. JOEY PARK: Yes, sir, there are. Yes, 5 sir. 6 HB 63 amends a portion of the Transportation 7 Code to include automatic driver's license suspension for 8 a person on final conviction for boating while 9 intoxicated. It also allows or would authorize suspension 10 of a person's driver's license for their refusal to submit 11 to the taking of a specimen for committing an offense 12 involving operation of water craft. Basically, these 13 penalties would paralegal the same ones now in effect for 14 DWI. So it takes BWI to the same level. 15 HB-247. The purpose of this was to amend the 16 Texas Water Code by revising the language exempting 17 permitting requirements for a water impoundment up to 18 200-acre feet, to include the wildlife management purposes 19 for commercial or non-commercial use. 20 HB-1915. The purpose of this bill was to 21 require that a person who is mentally retarded and lives 22 at home with his family members could engage in 23 recreational fishing under the immediate supervision of a 24 volunteer who holds a fishing license and has permission 25 of that person's family's head or legal guardian to take ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 26 1 the mentally retarded person fishing. 2 Current law only allows for hospital employees 3 to do this. This expands it to the family members or a 4 person authorized by the family members. 5 HB-3123 requires the Department to cooperate 6 with the Comptroller in developing and adopting new 7 standards for open space land used for wildlife 8 management. 9 HB-3209. If a commercial shrimp boat is legally 10 licensed and the only violation existing is that the owner 11 or operator failed to display the shrimp license or failed 12 to display the documentation or registration numbers as 13 required by law, the catch of shrimp on board the vessel 14 would not be seized or sold and no civil restitution would 15 be sought for the value of that shrimp. A citation would 16 be issued for the criminal violations of failure to 17 display. Current law requires that shrimp on board that 18 vessel would be ceased, sold and civil restitution 19 assessed. 20 Secondly, if a commercial shrimp boat is legally 21 licensed and the only violation that exists is the captain 22 of the vessel does not have a commercial shrimp boat 23 captain's license, the shrimp onboard the vessel could be 24 ceased and sold; however no civil restitution would be 25 assessed for the value of those shrimp. Current law ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 27 1 requires that civil restitution be assessed for those 2 shrimp that are ceased. 3 That's the end of my presentation. I'll be 4 happy to answer any questions. 5 CHAIRMAN BASS: I would like to go back, 6 please, to the portion of the Sunset bill which deals with 7 commercial fishery license fees, et cetera, to recap a 8 little bit. 9 There was a State Auditor's report done at the 10 request of then Senator Ratliff -- 11 MR. JOEY PARK: Senator Ratliff. 12 CHAIRMAN BASS: -- in the interim which 13 showed, I believe, it was -- was it nine million dollars 14 -- 15 MR. JOEY PARK: That's correct. 16 CHAIRMAN BASS: -- of unrecovered costs in 17 the commercial fishery? 18 MR. JOEY PARK: Yes, sir. 19 CHAIRMAN BASS: The bulk of that was, I 20 believe, from commercial shrimping. 21 MR. JOEY PARK: Yes, sir. 22 CHAIRMAN BASS: A lot of the focus of 23 discussion during the session was dealing with the oyster 24 leases and the unrecovered costs associated there. 25 Would you review for me the final outcome of ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 28 1 what the directive is in the Sunset bill as pertains to 2 the oyster leases as well as other fisheries such as 3 shrimping? 4 MR. JOEY PARK: The Sunset bill only 5 addresses the private oyster bed leases. It puts in code 6 that there is a term of the lease. It gives the 7 Department the authority to promulgate rules on drawing up 8 new contracts for the term of those leases. It specifies 9 some of the boundary demarcations that can be changed or 10 done, and it sets the floor of the lease per acre at six 11 dollars or an amount set by the Commission. It was three, 12 and it just moved the floor up to six dollars. Those are 13 the primary issues that were addressed. 14 At one time, it was thought that those leases 15 were in perpetuity, and it set those at 15 years. 16 CHAIRMAN BASS: Now, was there a rider 17 associated with the budget bill that also pertained to 18 this fee recovery of commercial fisheries? 19 MR. JOEY PARK: Yes, sir. There was a 20 rider in our appropriations bill pattern, which directed 21 the Department to adjust the fees for commercial fishing 22 in order to recover the cost to administer the program. 23 Now, don't quote me. That's not exactly how it was. 24 MS. SUZY WHITTENTON: Pretty close. 25 MR. JOEY PARK: That's pretty much what it ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 29 1 said. 2 MR. SANSOM: And the entrepreneurial rider 3 was capped in the appropriations bill at approximately 4 nine million for the same reason. They used the same 5 basic calculation. 6 COMMISSIONER ANGELO: There's obviously 7 discretion involved in determining what those direct costs 8 are, is there not? 9 MR. JOEY PARK: Yes, sir, I believe that 10 was stated. 11 MR. SANSOM: And there's some disagreement. 12 COMMISSIONER ANGELO: As to what they 13 should be? 14 MR. SANSOM: When our biologists are out 15 surveying in the bays and estuaries of Texas, they don't 16 just serve one industry. They're serving a broad number 17 of purposes. 18 So -- but I think the way the language finally 19 came out was that that was good. 20 MR. JOEY PARK: Yes. 21 MR. SANSOM: No. 1, it allowed for us to 22 put some immediate reforms into this, particularly in the 23 oyster industry. 24 No. 2, it allowed us to use our normal processes 25 to incrementally begin to approach costs recovery in ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 30 1 commercial fisheries. So it was real bad in the 2 beginning. 3 At one point in time, the legislation required 4 that oyster leases be raised from three dollars an acre to 5 $1,000 an acre, which would have destroyed the industry. 6 So I believe that it -- thanks to some good work and 7 involvement by the industry and interested members, it 8 came out probably about as good as it could have. 9 COMMISSIONER MONTGOMERY: Would it be 10 possible to put together a notebook with the Sunset bill 11 and then the text from these ones that I could read? 12 MR. JOEY PARK: Certainly. Absolutely. 13 Happy to do that for you. 14 COMMISSIONER MONTGOMERY: I would like to 15 read the actual text. 16 MR. JOEY PARK: I'll get that for you. 17 MR. SANSOM: Mr. Chairman, I would like to 18 particularly thank those members of the Commission, which 19 basically constitute a majority of the members of the 20 Commission, who participated with us in this legislative 21 session. 22 That, as you all have found out, makes all the 23 difference in the world to us. They can address us in one 24 manner, but they address you all in a completely different 25 manner and it's always positive. And we deeply appreciate ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 31 1 those of you who went down there. 2 I should point out that Dr. McKinney was a major 3 player in the SB 2 negotiations and activities. 4 In this session, we probably had more support of 5 a general nature from outside interests than ever before. 6 And as Joey commented to me, it wasn't just reactive. We 7 felt the presence of a number of outside interests helping 8 us sort of move this whole agenda forward in a way that I 9 had not experienced in the six sessions that I've had the 10 privilege of working. Particularly, David Langford was 11 there almost every day, George Bristol from the Texas 12 Conservation Coalition and Jan Brown from Trust for Public 13 Lands, Brian Seibert from the Sierra Club and many, many 14 more. It was a wonderful show of support and one that we 15 deeply appreciate. 16 And, finally, I will tell you that in all the 17 years that I've been working in the legislature, I have 18 not had the privilege of working with as good a team as 19 Harold and Joey. And I want to let you know publicly how 20 deeply grateful I am for what you've done. 21 COMMISSIONER ANGELO: We appreciate it. 22 CHAIRMAN BASS: You made it seem painless. 23 I know it wasn't. 24 MS. SUZY WHITTENTON: They're tired. 25 CHAIRMAN BASS: I know firsthand it wasn't, ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 32 1 but you made it look relatively easy. 2 MR. JOEY PARK: Thank you. 3 COMMISSIONER ANGELO: I'm sure they're 4 sorry the session is over, so they'll be bored. 5 COMMISSIONER FITZSIMONS: What are you 6 going to do with yourself now? 7 MR. JOEY PARK: I'm not sure yet; 8 decompress a little bit. 9 MS. SUZY WHITTENTON: Sleep 10 COMMISSIONER ANGELO: Any other comments or 11 questions? Again, thank you all. 12 COMMISSIONER FITZSIMONS: Well, I just have 13 one on SB 2. Does the Water Advisory Council provide for 14 Parks and Wildlife representatives in that advisory 15 council necessarily? 16 MR. JOEY PARK: Yes, sir, it does. 17 COMMISSIONER ANGELO: Thank you all. 18 MR. JOEY PARK: Thank you. 19 COMMISSIONER ANGELO: Mr. Chairman, I guess 20 you want to continue and finish this agenda? 21 CHAIRMAN BASS: Yeah. Let's go ahead and 22 finish this off. 23 COMMISSIONER ANGELO: Item No. 5 is an 24 action item which we'll take up tomorrow at the Commission 25 meeting, presumably, a stamp fee for disabled veterans. ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 33 1 We'll have a presentation by Frances Stiles. Frances? 2 ACTION ITEM NO. 5 - STAMP FEE FOR DISABLED VETERANS 3 MS. FRANCES STILES: Hello. I'm Frances 4 Stiles. I'm with the Administrative Resources Division, 5 and I'll be presenting the proposal to add hunting and 6 fishing stamps to the disabled veterans hunting and 7 fishing license. 8 In order to get this in place before the new 9 license year, this has already been published in Texas 10 Register. We have received no comments on that proposal 11 at this time. 12 What this would do is it takes the hunting and 13 fishing combination license that is currently offered to 14 disabled veterans and it would add the five hunting stamps 15 and the two fishing stamps to this license. Currently, 16 the hunting and fishing license is there, available to 17 those who qualify under the Veterans Administration at no 18 fee. This would also add the stamps to this license at no 19 fee. 20 The definition for the disabled veteran are 21 those who are 60 percent or more disabled as defined by 22 the Veterans Administration. This is estimated to have a 23 fiscal impact of $43,000 to $46,000 to the agency. 24 And this is a -- this would impact these 25 sections under the Finance Chapter. Section 53.90 would ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 34 1 be added. 2 Any questions? 3 COMMISSIONER ANGELO: Any questions or 4 comments? 5 If there's no objections from the Commission, 6 this will be placed on the agenda for discussion and 7 action tomorrow. 8 Hearing none, it will be done. And we thank 9 you. 10 MS. FRANCES STILES: Thank you. 11 COMMISSIONER ANGELO: Item No. 6 is another 12 action item. This is to be presented by Bob Cook with 13 regard to fleet policy. 14 ACTION ITEM NO. 6 - FLEET POLICY 15 MR. ROBERT COOK: Thank you, Mr. Chairman, 16 my name is Robert Cook. I'm Chief Operating Officer of 17 TEXAS PARKS AND WILDLIFE COMMISSION. 18 This is a -- primarily, I would call this is a 19 housekeeping item. In the 76th legislature two years ago, 20 there was a statewide fleet management plan established by 21 House Bill 3125, which requires us to meet certain rules 22 and regs within that plan, one of which, for example, was 23 that we hire a fleet manager at Texas Parks and Wildlife 24 Department, which I am glad to report that we did in May 25 of last year, Doug Schonberner was hired and has done us ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 35 1 an excellent job and has done a great job of coordinating 2 with our divisions and with the people downtown at GSC and 3 with the Council on Competitive Government, who we work 4 all of these programs through. 5 The fleet management plan requires an adoption 6 of a plan by each agency. We have been working with those 7 folks on our fleet and what our fleet management plan will 8 say. It's been going pretty well. 9 One of the -- one of the things that happened 10 when this thing was implemented was they put a moratorium 11 on all of our vehicle purchase, all purchases. Then in 12 negotiating with them, we got some exemptions on some law 13 enforcement vehicles that we were able to purchase. And 14 with the implementation of this plan, with the acceptance 15 of this plan, that moratorium on acquisitions will be 16 removed, and we will be allowed to replace -- to purchase 17 replacement vehicles on a one-to-one basis. If we -- for 18 instance, if we choose to add vehicles to our current 19 fleet, add additional numbers of vehicles to our current 20 fleet, we've got to go through a fairly detailed and 21 fairly bureaucratic process of requesting and getting that 22 permission, building the justification for that. Part of 23 the statewide fleet management plan, of course, is to 24 control the number of vehicles in these various fleets 25 cross the state. ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 36 1 Just to give you an idea of our fleet at Texas 2 Parks and Wildlife Department, we currently have about 3 something over 2100 vehicles. The average age of our 4 vehicle is almost eight years old. So that means we've 5 got some vehicles that are 25 and 30 years old. Now, that 6 may seem astonishing to you, but those of you who have 7 ranches and operate country like that -- many of our State 8 parks and wildlife management vehicles, those older 9 vehicles we may not put 1,000 miles a year on, but we use 10 them to haul trash or we use them to do specific jobs on 11 the ranch that you don't want a new vehicle out there 12 doing that kind of thing. So an average age of eight, 13 that scares a lot of people, but we operate quite well. 14 The average mileage of our fleet is over 76,000 15 miles. Now, again, that's lots of miles. But that means 16 you've got a lot of vehicles that have got 150,000 on them 17 as well as 25,000. But we -- our people are pretty 18 efficient with their vehicles. They take good care of 19 them. They stretch them out. They make them last a long 20 time. Again, that's a process that Doug is helping with 21 and that the various division directors are helping with. 22 This process requires that you -- or requests 23 that you adopt two rules in order for us to comply, and 24 you see those rules posted there. Each agency vehicle, 25 with the exception of a vehicle assigned to a field ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 37 1 employee, shall be assigned to an agency motor pool. And 2 that motor pool, of course, will be headed out of here. 3 The vehicles in that motor pool would be available for 4 checkout. 5 The agency may assign a vehicle to an 6 administrative person or an executive employee here on a 7 regular basis only if the agency makes a written 8 documented finding that the assignment is critical to the 9 needs of the agency. 10 So those are the two basic rules that we are all 11 having to present to our commissions and have adopted for 12 your consideration. 13 If you have any questions, I would be glad to 14 address them. 15 COMMISSIONER WATSON: Bob, at one of the 16 earlier -- I guess it was Senate Finance meetings that we 17 attended, Senator Lucio, I remember specifically, raised a 18 number of issues, questions with the Department relative 19 to its numbers of vehicles -- vehicle usages. 20 Has any of that crept into anything that's here? 21 MR. ROBERT COOK: Not really. You know, 22 most of the concerns that we hear at the legislature deal 23 almost specifically, almost exclusively, totally with the 24 vehicles here in Austin; very little to do with the fleet 25 scattered across the state that our field employees use on ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 38 1 a regular basis. 2 This plan, one which I might add we had already 3 been addressing and dealing with, primarily focuses on 4 those fleets of vehicles here in Austin. And it will 5 impact us some here. It will affect us a little bit. I 6 believe it will address the concerns expressed by the 7 Senator and by a few others in the legislature. It should 8 resolve those issues for their satisfaction. 9 COMMISSIONER ANGELO: Any other questions? 10 All right. 11 Hearing none -- this is an action item. And 12 with no objection, we'll place it on the agenda tomorrow 13 for public discussion and action. Hearing none -- 14 MR. ROBERT COOK: Thank you, sir. 15 COMMISSIONER ANGELO: -- it will be done. 16 Item No. 7, another action item with regard to 17 local park funding. Tim Hogsett will discuss the Urban 18 Park and Recreation Recovery Act. Tim? 19 ACTION ITEM NO. 7 - LOCAL PARK FUNDING 20 MR. TIM HOGSETT: Thank you, Mr. Chairman 21 and members of the Commission. 22 I'm Tim Hogsett, Director of the Recreation 23 Grants Program in the State Parks Division. I'm going to 24 talk to you today a little about the Urban Parks and 25 Recreation Recovery Program. This is a grant program that ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 39 1 is administered by the U.S. Department of Interior and 2 National Parks Service. 3 The UPRR program essentially makes grants 4 available from the park service for parks and recreation 5 communities that have parks and recreation facilities, 6 primarily the urban facilities and for the rehabilitation 7 of facilities that are, for whatever reason, no longer 8 usable. 9 The federal government makes the funding 10 decisions. It's based on a national competition. All 11 parks and recreation departments, communities are eligible 12 to submit applications if they have what's called a 13 recovery actino plan that's been approved by the National 14 Parks Service. 15 It is a matching grant program with a 70 percent 16 federal share being available, and the additional 17 30 percent can be made either strictly through a local 18 contribution or a combination of a local and state 19 contribution. Basically, what happens is -- is if the 20 Commission determines that Texas applicants should be 21 supported through part of our program through the local 22 park fund, then up to 15 percent of that local share can 23 be taken over by state contributions. 24 If the -- if we do make a contribution using the 25 Texas Recreation and Parks account, it will make Texas ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 40 1 applications more competitive in the national competition. 2 There is $28 million available for this national 3 competition of which no state is eligible for more than 15 4 percent, and that works out to be approximately $4.3 5 million available for Texas projects. 6 In the past, past Commissions have agreed to 7 participate at a ten percent match level. That would 8 essentially, then, leave a ten percent share that would be 9 required of the local governments of their contribution. 10 And, basically, the rationale in the past for that has 11 been that there really needs to be a local commitment and 12 it not be a complete 100 percent state and local -- I'm 13 sorry, state and federal commitment of resources. 14 At 10 percent, we would set aside and request 15 that you consider setting aside $432,540 from the Texas 16 Recreation and Parks Account. That would be the maximum 17 commitment. If Texas applicants were not -- some of them 18 were not successful and we did not end up receiving the 19 $4.3 million collectively, then any of that unused State 20 fund would go back into out normal grant -- State outdoor 21 grant program. 22 And I would be glad to answer any questions that 23 you might have. 24 COMMISSIONER ANGELO: Are there any 25 questions? ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 41 1 COMMISSIONER AVILA: Is that an annual 2 award? 3 MR. TIM HOGSETT: This is the first time 4 that this program's been available for several years. 5 Each year Congress considers it, but it has not been -- 6 funds have not be appropriated for the last several years. 7 COMMISSIONER AVILA: But the period of time 8 for respondents is going to be what, over what period, a 9 year or more? 10 MR. TIM HOGSETT: They will -- you mean how 11 long they will have to accomplish the project? They will 12 have up to the five years. 13 COMMISSIONER AVILA: But to apply for it. 14 MR. TIM HOGSETT: And the application 15 deadline is June the 18th. So they need -- if -- if, as 16 part of the scoring process, they're going to get 17 additional priority for Parks and Wildlife's participation 18 they need to know that so they can get that additional 19 credit. 20 COMMISSIONER ANGELO: Obviously, they have 21 been well aware of their application process? 22 MR. TIM HOGSETT: Yes. In fact, the 23 National Parks Service came and in this room had two 24 workshops that were well attended by local governments. 25 MR. SANSOM: And this is -- this action ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 42 1 would be very supported by local government in Texas. 2 COMMISSIONER WATSON: You mentioned 70 3 percent, 10 percent and 10 percent. Where's the other 10 4 percent? 5 MR. TIM HOGSETT: 70 percent is the minimum 6 federal share that the federal government will make 7 available. That leaves 30 percent. 8 If the local -- if the state governments provide 9 a dollar for each dollar that's provided, up to 15 percent 10 will be matched by an increase in that federal share. So 11 a -- if we participate at 15 percent, then essentially 12 it's 15 percent -- it's, what, 85 percent federal and 15 13 percent state. And what we're asking you to consider 14 doing is only provide a ten percent share which would then 15 increase the federal share to 80 percent and then leave a 16 ten percent share for the local governments to have to 17 commit. 18 MS. DINKINS: Tim, how many communities 19 participate and what sorts of parks? 20 MR. TIM HOGSETT: In the last -- the last 21 time we received applications, they were primarily the 22 large cities. Houston received a grant. 23 CHAIRMAN BASS: Aging facilities. 24 MR. TIM HOGSETT: It's aging facilities 25 Aging outdoor recreation facilities, typically in the ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 43 1 inner city. 2 One of the things that the fellow from the Parks 3 Service said when he was here is that many of these parks 4 are in war zones, basically. They are really in bad 5 shape, and they've got to have rehabilitation or they're 6 going to be lost. 7 COMMISSIONER ANGELO: Any other questions 8 or discussion? 9 Again, this an action item and, with no 10 objection, will be placed on the agenda for public 11 discussion and action by the Commission. 12 Hearing none, it will be done so. And we have 13 now Item 8, which is other business. And I believe Andy 14 has something. 15 ITEM 8 - OTHER BUSINESS 16 MR. SANSOM: Just a couple of final 17 comments, members. 18 I have caught Dee Skelton in the process of 19 running an errand, which she does at all -- all during 20 these meetings, and could not pass the opportunity to tell 21 you that Dee is an important part of this legislative 22 process, as well. 23 We probably look at several thousand pieces of 24 information place to determine how they're going to affect 25 the Department or its mission. And Dee is the person who ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 44 1 is in charge of making sure that that piece of legislation 2 gets to the officer in the Department who's been assigned 3 to review it and then get that analysis back and up to the 4 Capital. So she's been a critical part of this process, 5 as well. 6 I also want to just take a moment and say that 7 we went over Sunset a little quickly. Sunset is going to 8 be a big deal for us. We've got basically less than the 9 full biennium to report back to the legislature on 10 implementing all of the new tasks that the Sunset bill has 11 given us. And I fully anticipate that, once again, by the 12 time we reconvene in August, we're going to lay in front 13 of you an action plan to get all of those things put into 14 place. And they're going to have to do everything from 15 creating essentially a master land and water conservation 16 plan for the whole state to changing the way that you do 17 business here in these meetings. And I'm confident that 18 that process will be ably coordinated by Gene McCarty. 19 I will tell you that throughout this Sunset 20 issue, Gene has been the person who has taken it from the 21 points in time that the Sunset staff first began to 22 interview and perform analysis in the Department through 23 the process of the Commission hearings and the legislative 24 process itself. And he's done a wonderful job of it. And 25 I fully anticipate giving him the charge to take it this ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 45 1 final step over the goal line. So thank you, Gene. 2 And that concludes my remarks. 3 COMMISSIONER ANGELO: Are there any 4 other -- any other items to be discussed? 5 If not, Mr. Chairman, that concludes the Finance 6 Committee meeting. 7 CHAIRMAN BASS: Thank you. 8 At this time I would like to announce that 9 pursuant to requirements of Chapter 551, referred to as 10 the Open Meetings Act, the Executive Session will be held 11 for purpose of consideration of land transactions and we 12 will reconvene in this room after that. Thank you. 13 (Meeting adjourned at 12:26 p.m.) 14 15 16 17 18 19 20 21 22 23 24 25 ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 46 1 STATE OF TEXAS ) 2 COUNTY OF TRAVIS) 3 REPORTER'S CERTIFICATION 4 I, Rhonda Howard, Certified Shorthand Reporter in 5 and for the State of Texas, hereby certify that on May 30, 6 2000, I was present at the Texas Parks and Wildlife 7 Commission for committee meetings and that this is a true 8 and complete transcript of the proceedings. 9 I further certify that the proceedings were put 10 into writing by myself with the help of Lori Estrada of 11 the TEXAS PARKS AND WILDLIFE COMMISSION. 12 I further certify that I am neither counsel for, 13 related to, nor employed by any of the parties or 14 attorneys in the action in which this proceeding was 15 taken, and further that I am not financially or otherwise 16 interested in the outcome of the action. 17 Certified to by me, this 28th day of June, 18 2001. 19 _____________________________________ 20 ____________________________ RHONDA HOWARD, Texas CSR No. 4136 21 Expiration Date 12/31/02 ESQUIRE DEPOSITION SERVICES 22 3101 Bee Caves Road, Suite 220 Austin, Texas 78746 23 (512) 328-5557 24 25 ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139 . 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ESQUIRE DEPOSITION SERVICES 3101 BEE CAVES ROAD, SUITE 220 AUSTIN, TEXAS 78746 PH (512) 328-5557 FAX (512) 328-8139
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