Curry Bill Breaks Up Parks And Wildlife, Starting In 2027

The text as introduced · 1,126 words

89R11964 MP-D

By: Curry
H.B. No. 4938

A BILL TO BE ENTITLED

AN ACT

relating to the abolishment of the Parks and Wildlife Department

and the Parks and Wildlife Commission and the transfer of their

functions to the General Land Office, Department of Agriculture,

and Department of Public Safety.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter A, Chapter 1, Parks and

Wildlife Code, is amended to read as follows:

SUBCHAPTER A. REGULATION OF THIS CODE [ PURPOSE AND POLICY ]

SECTION 2. Subchapter A, Chapter 1, Parks and Wildlife

Code, is amended by adding Sections 1.003, 1.004, and 1.005 to read

as follows:

Sec. 1.003. REGULATING ENTITIES. Subject to the memorandum

of understanding entered into under Section 1.004, the powers,

duties, and functions of the former Parks and Wildlife Department

and former Parks and Wildlife Commission are transferred to the

General Land Office, Department of Agriculture, and Department of

Public Safety and their applicable commissioner or governing body

as follows:

(1) the General Land Office shall administer the

provisions of this code, including Chapters 13 and 14, Title 3, and

Subtitles E, F, and I, Title 5, relating to the regulation of parks,

natural areas, wildlife management areas, fish hatcheries,

historic sites, or other public land, including any bodies of

water, formerly under the jurisdiction of the Parks and Wildlife

Department;

(2) the Department of Agriculture shall administer the

provisions of this code, including Subtitles A, B, C, D, G, and H,

Title 5, and Title 6, relating to native plants, wildlife, or the

conservation or management of native plants or wildlife, including

hunting and fishing; and

(3) the Department of Public Safety shall administer

the provisions of this code, including Title 4, relating to the

enforcement of this code, game wardens, or water safety, including:

(A) the operation of vessels, other than

commercial fishing provisions under Title 5 relating to vessels;

(B) equipment for vessels; and

(C) the identification, numbering, and titling

of vessels.

Sec. 1.004. MEMORANDUM OF UNDERSTANDING. (a) The General

Land Office, Department of Agriculture, and Department of Public

Safety shall enter into a memorandum of understanding regarding the

transfer of the powers, duties, and functions from the former Parks

and Wildlife Department and former Parks and Wildlife Commission to

each entity under Section 1.003.

(b) The memorandum of understanding must:

(1) identify in detail the applicable powers, duties,

and functions of each entity under this code and the specific

provisions of this code administered by each entity; and

(2) ensure that each power, duty, and function of the

former Parks and Wildlife Department and former Parks and Wildlife

Commission is assumed among the entities.

(c) The General Land Office, Department of Agriculture, and

Department of Public Safety may revise the memorandum of

understanding as necessary to administer each entity's powers,

duties, and functions under this code.

Sec. 1.005. REFERENCES IN LAW TO FORMER PARKS AND WILDLIFE

DEPARTMENT OR FORMER PARKS AND WILDLIFE COMMISSION. A reference in

any law to the Parks and Wildlife Department or the Parks and

Wildlife Commission means the appropriate entity transferred

regulatory authority under Section 1.003 and in accordance with the

memorandum of understanding entered into under Section 1.004.

SECTION 3. Sections 11.002, 11.011, 11.0111, 11.012,

11.0121, 11.0122, 11.0123, 11.0124, 11.0125, 11.0126, 11.013,

11.014, 11.015, 11.0151, 11.016, 11.0161, 11.0162, 11.0163,

11.0164, 11.0165, 11.017, 11.018, 11.0182, 11.0183, 11.021,

11.022, 11.023, and 11.024, Parks and Wildlife Code, are repealed.

SECTION 4. (a) Effective September 1, 2027:

(1) the powers, duties, and functions of the Parks and

Wildlife Department and Parks and Wildlife Commission are

transferred to the General Land Office, Department of Agriculture,

and Department of Public Safety and their applicable commissioner

or governing body in accordance with this Act;

(2) all rules of the Parks and Wildlife Commission are

continued in effect as rules of the appropriate entity described by

Subdivision (1) of this subsection in accordance with this Act

until superseded by a rule of the entity;

(3) a form, policy, procedure, or decision of the

Parks and Wildlife Department or Parks and Wildlife Commission is

continued in effect as a form, policy, procedure, or decision of the

appropriate entity described by Subdivision (1) of this subsection

in accordance with this Act until superseded by a rule of the

entity;

(4) an employee of the Parks and Wildlife Department

or Parks and Wildlife Commission becomes an employee of the

appropriate entity described by Subdivision (1) of this subsection

in accordance with this Act;

(5) all money, contracts, rights, property, and

records of the Parks and Wildlife Department and Parks and Wildlife

Commission are transferred to the appropriate entity described by

Subdivision (1) of this subsection in accordance with this Act; and

(6) the unobligated and unexpended balance of any

appropriations made to the Parks and Wildlife Department and Parks

and Wildlife Commission is transferred to the appropriate entity

described by Subdivision (1) of this subsection in accordance with

this Act.

(b) A license, permit, or other authorization issued by the

Parks and Wildlife Department is continued in effect as provided by

the law in effect immediately before the effective date of this Act.

A complaint, investigation, or other proceeding relating to a

license, permit, or other authorization issued by the Parks and

Wildlife Department that is pending on the effective date of this

Act is continued without change in status after the effective date

of this Act. An activity conducted by the Parks and Wildlife

Department relating to a license, permit, or other authorization

issued by the Parks and Wildlife Department is considered to be an

activity conducted by the appropriate entity described by

Subsection (a)(1) of this section in accordance with this Act.

(c) The Parks and Wildlife Department and Parks and Wildlife

Commission shall continue, as necessary, to perform the duties and

functions being transferred to the appropriate entity described by

Subsection (a)(1) of this section in accordance with this Act until

the transfer of agency powers, duties, and functions is complete.

(d) The Parks and Wildlife Department and Parks and Wildlife

Commission and the General Land Office, Department of Agriculture,

and Department of Public Safety shall enter into a memorandum of

understanding as necessary to effect the transfer of powers,

duties, and functions under this Act.

SECTION 5. The Texas Legislative Council shall prepare for

consideration by the 90th Legislature a nonsubstantive revision of

the Texas codes and revised statutes that:

(1) changes each reference to the "Parks and Wildlife

Department" and "Parks and Wildlife Commission" to the appropriate

entity described by Section 4(a)(1) of this Act; and

(2) makes other nonsubstantive revisions as necessary

to conform to the changes in law made by this Act.

SECTION 6. This Act takes effect September 1, 2025.