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.