Commission Meeting Agenda Item No. 5
Presenter: Luis Sosa
Action
Implementation of Legislation During the 88th Texas Legislative Session
Senate Bill 922
Relating to the Establishment of a Legislative Leave Pool for Peace Officers
Recommended Adoption of Proposed Rule
January 25, 2024
I. Executive Summary: Staff seeks adoption of a proposed new rule establishing a leave pool for peace officers to use for legislative activities on behalf of a law enforcement association. The rule would implement the requirements of Senate Bill (S.B.) 922, adopted during the 88th Texas Legislative Session.
II. Discussion: During its most recent session, the Texas Legislature enacted S.B. 922, which added new Parks and Wildlife Code section 11.0183. This statute requires Texas Parks and Wildlife Department (TPWD) to allow a TPWD-commissioned peace officer to voluntarily transfer up to eight hours of compensatory time or annual leave per year to a leave pool for use as leave for legislative activities conducted on behalf of a law enforcement association. S.B. 922 requires the Texas Parks and Wildlife Commission (Commission) to adopt rules and prescribe procedures relating to the operation of the legislative leave pool.
The proposed new rule sets forth the purpose of the leave pool, designates a pool administrator, and requires the pool administrator, with the advice and consent of the TPWD Executive Director, to develop and implement operating procedures consistent with the requirements of the proposed new rule and relevant law governing operation of the pool.
At the Commission Work Session meeting on May 24, 2023, staff was authorized to publish in the Texas Register rules required to implement legislative action during the most recent regular session of the Texas Legislature. The proposed rule was published in the December 22, 2023, issue of the Texas Register (48 TexReg 7864). A summary of public comment on the proposed rule will be presented at the meeting.
III. Recommendation: Staff recommends that the Commission adopt the following motion:
“The Texas Parks and Wildlife Commission adopts new 31 Texas Administrative Code §51.143, concerning Leave Pools, with changes as necessary to the proposed text as published in the December 22, 2023, issue of the Texas Register (48 TexReg 7864).”
Attachment – 1
Commission Agenda Item No. 5
Exhibit A
REGULATIONS REQUIRED OR AUTHORIZED BY LEGISLATION
SENATE BILL 922 – PEACE OFFICER LEGISLATIVE LEAVE POOL RULES
PROPOSAL PREAMBLE
1. Introduction.
The Texas Parks and Wildlife Department proposes new 31 TAC §51.143, concerning Peace Officer Legislative Leave Pool. The most recent session of the Texas Legislature enacted Senate Bill 922, which amended Parks and Wildlife Code, Chapter 11, by adding new §11.0183, which requires the department to allow a peace officer commissioned by the department to voluntarily transfer up to eight hours of compensatory time or annual leave per year to a leave pool for use as leave for legislative activities conducted on behalf of a law enforcement association. Senate Bill 922 requires the commission to adopt rules and prescribe procedures relating to the operation of the legislative leave pool.
The proposed new rule would set forth the purpose of the leave pool, designate a pool administrator, and require the pool administrator, with the advice and consent of the executive director of the agency, to develop and implement operating procedures consistent with the requirements of the proposed new rule and relevant law governing operation of the pool.
2. Fiscal Note.
Robert Macdonald, Regulations Coordinator, has determined that for each of the first five years that the rule as proposed is in effect, there will be no fiscal implications to state or local governments as a result of administering or enforcing the rule as proposed.
3. Public Benefit/Cost Note.
Mr. Macdonald also has determined that that for each of the first five years that the rule as proposed is in effect:
(A) The public benefit anticipated as a result of enforcing or administering the proposed rule will be compliance with the directives of the legislature.
(B) Under provisions of Government Code, Chapter 2006, a state agency must prepare an economic impact statement and a regulatory flexibility analysis for a rule that may have an adverse economic effect on small businesses and micro-businesses. Those guidelines state that an agency need only consider a proposed rule’s "direct adverse economic impacts" to small businesses and micro-businesses to determine if any further analysis is required. For that purpose, the department considers "direct economic impact" to mean a requirement that would directly impose recordkeeping or reporting requirements; impose taxes or fees; result in lost sales or profits; adversely affect market competition; or require the purchase or modification of equipment or services. The department has determined that the proposed rule will not result in any direct economic costs to any small businesses, micro-businesses, or rural communities; therefore, the department has determined that neither the economic impact statement nor the regulatory flexibility analysis described in Government Code, Chapter 2006, is required.
(C) The department has not drafted a local employment impact statement under the Administrative Procedures Act, §2001.022, as the agency has determined that the rule as proposed will not impact local economies.
(D) The department has determined that Government Code, §2001.0225 (Regulatory Analysis of Major Environmental Rules), does not apply to the proposed rule.
(E) The department has determined that there will not be a taking of private real property, as defined by Government Code, Chapter 2007, as a result of the proposed rule.
(F) In compliance with the requirements of Government Code, §2001.0221, the department has prepared the following Government Growth Impact Statement (GGIS). The rule as proposed, if adopted, will:
(1) create a government program (the peace officer legislative leave pool);
(2) not result in an increase or decrease in the number of full-time equivalent employee needs;
(3) not result in a need for additional General Revenue funding;
(4) not affect the amount of any fee;
(5) create a new regulation (to create the peace officer legislative leave pool);
(6) not expand an existing regulation;
(7) neither increase nor decrease the number of individuals subject to regulation; and
(8) not positively or adversely affect the state’s economy.
4. Request for Public Comment.
Comments on the proposed rule may be submitted to Patty David, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; (512) 389-4808; email: patricia.david@tpwd.texas.gov or via the department website at www.tpwd.texas.gov .
5. Statutory Authority.
The new rule is proposed under the authority of Parks and Wildlife Code, §11.0183, which requires the commission to adopt rules to create and administer a peace officer legislative leave pool.
The proposed new rule affects Parks and Wildlife Code, Chapter 11.
6. Rule Text.
§51.143. Peace Officer Legislative Leave Pool. A leave pool is established to provide peace officers commissioned by the department with the opportunity to use annual leave or compensatory time donated to the pool for use as legislative leave on behalf of a law enforcement association.
(1) The director of human resources is designated as the pool administrator.
(2) The pool administrator, with the advice and consent of the executive director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool.
(3) Donations to the pool are strictly voluntary.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency’s authority to adopt.
Issued in Austin, Texas, on