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§ 11.001. DEFINITIONS. In this code: (1) "Commission" means the Parks and Wildlife Commission. (2) "Department" means the Parks and Wildlife Department. (3) "Director" means the executive director of the Parks and Wildlife Department.
(4) "Presiding officer" means the presiding officer of the Parks and Wildlife Commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 2001, 77th Leg., ch. 968, § 47, eff. Sept. 1, 2001.
§ 11.002. POLICY IMPLEMENTATION. The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the director and the department staff.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 2, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 1, eff. Sept. 1, 2001.
§ 11.003. APPLICABILITY OF CERTAIN STATE LAW REQUIREMENTS. A requirement under state law that a law enforcement agency adopt a policy that requires the collection and reporting of information relating to persons detained during traffic stops, that a peace officer report information relating to persons detained during traffic and pedestrian stops, or that a law enforcement agency compile, analyze, and report information relating to persons detained during traffic and pedestrian stops does not apply to the department or an employee of the department.
Added by Acts 2001, 77th Leg., ch. 968, § 2, eff. Sept. 1, 2001.
§ 11.004. RULES RELATING TO RESIDENCY FOR HUNTING AND OTHER PURPOSES . (a) The commission by rule may prescribe the proof required to demonstrate residency in this state for the purpose of obtaining a license or permit issued by the department.
(b) In addition to any other rules adopted under Subsection (a), the commission may adopt rules relating to residency for the purposes of hunting or catching any animal in this state through the use of any device that remotely controls another device used to hunt or catch the animal.
(c) A rule described by Subsection (b) may prohibit a class or classes of persons from hunting or catching an animal in the manner described by Subsection (b) if the rule treats a class of persons in a substantially similar manner regardless of whether a person in the class is a resident or nonresident. A person who violates a rule adopted under Subsection (b) commits an offense that is a Class A Parks and Wildlife misdemeanor, and each animal the person hunts or catches in violation of the rule is a separate offense.
Added by Acts 2005, 79th Leg., ch. 961, § 1, eff. June 18, 2005.
SUBCHAPTER B. ORGANIZATION OF DEPARTMENT
§ 11.011. PARKS AND WILDLIFE DEPARTMENT. The Parks and Wildlife Department is established as an agency of the state. It is under the policy direction of the Parks and Wildlife Commission.
Acts 1975, 64th Leg., p. 1405, ch. 541, § 1, eff. Sept. 1, 1975.
§ 11.0111. SUNSET PROVISION. The Parks and Wildlife Department is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished September 1, 2013.
Added by Acts 1977, 65th Leg., p. 1846, ch. 735, § 2.099a, eff. Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 1, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 479, § 206, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 5.21(a), eff. Nov. 12, 1991; Acts 2001, 77th Leg., ch. 968, § 3, eff. Sept. 1, 2001.
§ 11.012. COMMISSION. (a) The commission consists of nine members appointed by the governor with the advice and consent of two-thirds of the members of the senate present and voting.
(b) If the senate is not in session, the governor shall appoint the members and issue commissions to them as provided by law, and their appointment shall be submitted to the next session of the senate for its advice and consent in the manner that appointments to fill vacancies under the constitution are submitted to the senate.
(c) Three commission members must be members of the general public and meet the qualifications provided by Section 11.0121 of this code.
(d) In making appointments under this section, the governor shall attempt to include persons with expertise in diverse fields, including fields such as historic preservation, conservation, and outdoor recreation.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, § 1, eff. June 19, 1983; Acts 1985, 69th Leg., ch. 267, art. 1, § 3, eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 968, § 4, eff. Sept. 1, 2001.
§ 11.0121. QUALIFICATIONS. A person may not be a public member of the commission if the person or the person's spouse:
(1) is registered, certified, or licensed by a regulatory agency in the field of conservation, outdoor recreation, or commercial fishing, unless the license is a noncommercial hunting or fishing license or a license issued under Subchapter D, Chapter 43;
(2) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department;
(3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the department; or
(4) uses or receives a substantial amount of tangible goods, services, or money from the department other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 4, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 5, eff. Sept. 1, 2001.
§ 11.0122. CONFLICT OF INTEREST. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b) A person may not be a member of the commission and may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1) the person is a paid or compensated officer, employee, or paid consultant of a Texas trade association in the field of conservation, outdoor recreation, or commercial fishing; or
(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of conservation, outdoor recreation, or commercial fishing.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 5, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 6, eff. Sept. 1, 2001.
§ 11.0123. LOBBYIST PROHIBITION. A person may not be a member of the commission or act as the general counsel to the commission or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 6, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, § 2.19(23), eff. Sept. 1, 1987; Acts 2001, 77th Leg., ch. 968, § 7, eff. Sept. 1, 2001.
§ 11.0124. DISCRIMINATION IN APPOINTMENTS PROHIBITED. Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 7, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 8, eff. Sept. 1, 2001.
§ 11.0125. REMOVAL OF A COMMISSION MEMBER. (a) It is a ground for removal from the commission that:
(1) a public member does not have at the time of taking office the qualifications required by Section 11.0121;
(2) a public member does not maintain during service on the commission the qualifications required by Section 11.0121;
(3) a member is ineligible for membership under Section 11.012(c), 11.0122, or 11.0123;
(4) a member cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5) a member is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission.
(b) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c) If the director has knowledge that a potential ground for removal exists, the director shall notify the presiding officer of the commission of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 8, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 9, eff. Sept. 1, 2001.
§ 11.0126. TRAINING PROGRAM FOR COMMISSION MEMBERS. (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b) The training program must provide the person with information regarding:
(1) the legislation that created the department and the commission; (2) the programs operated by the department; (3) the role and functions of the department; (4) the rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the department; (6) the results of the most recent formal audit of the department; (7) the requirements of: (A) the open meetings law, Chapter 551, Government Code; (B) the public information law, Chapter 552, Government Code; (C) the administrative procedure law, Chapter 2001, Government Code; and (D) other laws relating to public officials, including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 968, § 10, eff. Sept. 1, 2001.
§ 11.0127. TRAINING FOR EMPLOYEES ON STATE INCENTIVE PROGRAM. The director or the director's designee shall provide to agency employees information and training on the benefits and methods of participation in the state employee incentive program under Subchapter B, Chapter 2108, Government Code.
Added by Acts 2001, 77th Leg., ch. 968, § 11, eff. Sept. 1, 2001.
§ 11.013. TERMS. The members of the commission hold office for staggered terms of six years, with the terms of three members expiring every two years. Each member holds office until his successor is appointed and has qualified. The terms expire on January 31 of odd-numbered years.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, § 2, eff. June 19, 1983.
§ 11.014. PRESIDING OFFICER. (a) The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
(b) A vacancy in the office of presiding officer is filled in the same manner as the original designation.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, § 3, eff. June 19, 1983; Acts 2001, 77th Leg., ch. 968, § 12, eff. Sept. 1, 2001.
§ 11.015. MEETINGS, QUORUM. (a) The commission may meet as often as is necessary but shall meet at least once during each quarter of the year. Five members constitute a quorum.
(b) The commission shall hold an annual public meeting to receive public comments concerning any issue relating to the commission's regulatory powers and duties.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, § 4, eff. June 19, 1983; Acts 1985, 69th Leg., ch. 267, art. 1, § 9, eff. Sept. 1, 1985.
§ 11.0151. PUBLIC HEARINGS. (a) In this section, "major decision" means a decision in which a vote is taken on:
(1) a rule; (2) a proclamation; (3) a contract; (4) a budget; (5) a grant; (6) a development plan for a geographical area managed by the department; (7) a memorandum of understanding with another governmental entity; or (8) any other issue as determined by the commission. (b) The commission shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.
(c) The commission, or any committee of the commission with at least five commission members serving on the committee, shall provide an opportunity for public testimony in an open meeting before making a major decision.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 10, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 13, eff. Sept. 1, 2001.
§ 11.016. EXPENSES, PER DIEM. Members of the commission are entitled to reimbursement for their actual expenses incurred in attending meetings and to the per diem as provided in the general appropriations act.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES; COMPLAINTS. (a) The commission shall prepare information of public interest describing the functions of the commission and describing the commission's procedures by which complaints are filed with and resolved by the commission. The commission shall make the information available to the general public and appropriate state agencies.
(b) The department shall maintain a file on each written complaint filed with the department that the department has the authority to resolve. The file must include:
(1) the name of the person who filed the complaint; (2) the date the complaint is received by the department; (3) the subject matter of the complaint; (4) the name of each person contacted in relation to the complaint; (5) a summary of the results of the review or investigation of the complaint; and
(6) an explanation of the reason the file was closed, if the department closed the file without taking action other than to investigate the complaint.
(c) The department shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the department's policies and procedures relating to complaint investigation and resolution.
(d) The department, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
(e) The commission may adopt rules to define the types of complaints to which this section applies.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 11, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 130, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 968, § 14, eff. Sept. 1, 2001.
§ 11.0162. ADVISORY COMMITTEES TO COMMISSION. (a) The presiding officer may appoint committees to advise the commission on issues under its jurisdiction.
(b) The presiding officer may adopt rules that set the membership, terms of service, qualifications, operating procedures, and other standards to ensure the effectiveness of an advisory committee appointed under this section.
Added by Acts 1999, 76th Leg., ch. 925, § 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 968, § 48, eff. Sept. 1, 2001.
§ 11.017. EXECUTIVE DIRECTOR. The commission may appoint an executive director who is the chief executive officer of the department and performs its administrative duties. The director serves at the will of the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 11.0171. AUTHORITY TO CONTRACT. (a) Subject to Section 12.0251, for the purpose of carrying out the powers, duties, and responsibilities of the department, the executive director, or the executive director's designee, may negotiate, contract, or enter an agreement:
(1) with: (A) the United States or any of its agencies; (B) another state or a political subdivision of another state or of this state; or
(C) a nonprofit organization for research and field work; or (2) for professional services relating to a project of the department, including project management, design, bid, and construction administration, consistent with Subchapter A, Chapter 2254, Government Code.
(b) The commission by rule shall adopt policies and procedures consistent with applicable state procurement practices for soliciting and awarding the contracts under this section.
Added by Acts 1999, 76th Leg., ch. 618, § 1, eff. Sept. 1, 1999.
§ 11.0172. LIMIT ON CONTRACTS FOR PUBLICATIONS. (a) In this section: (1) "Publication" includes the publication of a book, magazine, photograph, poster, or bulletin.
(2) "Youth" means an individual younger than 17 years of age. (b) The department may not contract with a person regarding a publication unless the contract provides the department the authority to:
(1) terminate the contract for a violation of a rule adopted under Subsection (c);
(2) retain final approval over the content of the publication, including advertising; and
(3) request and receive an appropriate number of copies of the publication that contain advertising that is appropriate for viewing by youth.
(c) The commission shall adopt rules regarding the types of advertising that are appropriate for viewing by youth.
Added by Acts 2001, 77th Leg., ch. 968, § 15, eff. Sept. 1, 2001.
§ 11.0173. PROHIBITION ON TOBACCO ADVERTISING. (a) In this section, "publication" includes the publication of a book, magazine, photograph, poster, or bulletin.
(b) The department may not accept an advertisement that promotes the sale of tobacco in a publication sponsored or published by the department.
Added by Acts 2001, 77th Leg., ch. 968, § 15, eff. Sept. 1, 2001.
§ 11.018. EMPLOYEES. The director may appoint heads of divisions, law enforcement officers, park managers, and other employees authorized by appropriations and necessary for administering the duties and services of the department. These employees serve at the will of the director.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1983, 68th Leg., p. 122, ch. 29, § 1, eff. April 19, 1983.
§ 11.0181. EMPLOYEES AS EDUCATORS AND OUTREACH PROPONENTS. (a) Employees of the department through education and outreach shall:
(1) expand the wise use and conservation of fish and wildlife resources; and
(2) increase the participation in outdoor recreation, including recreational activities in urban areas consistent with the mission and goals of the department.
(b) The department may use money from any of the department's special accounts to pay for education and outreach activities performed by department employees or to provide grants for education and outreach activities to be performed by other entities.
(c) The department shall manage the outreach and education activities performed under this section to ensure that the activities:
(1) are consistent with the department's mission and goals; (2) do not duplicate other efforts by the department or other entities; (3) provide a cost-effective method for reaching participants; and (4) can be effectively measured.
Added by Acts 1997, 75th Leg., ch. 1256, § 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 968, § 16, eff. Sept. 1, 2001.
§ 11.0182. EMPLOYEE FUND-RAISING. (a) This section applies only to the solicitation or receipt of a gift, including money, that has a value of $500 or more.
(b) The commission by rule shall adopt policies to govern fund-raising activities by department employees on behalf of the department. The rules must:
(1) designate the types of employees who may solicit donations; (2) restrict where and how fund-raising may occur; and (3) establish requirements for reports by employees to the director. (c) The director shall approve and manage fund-raising activities by department employees on behalf of the department in accordance with commission rules.
(d) The state auditor may audit the fund-raising activities performed under this section, subject to a risk assessment performed by the state auditor and to the legislative audit committee's approval of including the audit in the audit plan under Section 321.013(c), Government Code. If the state auditor performs an audit, the audit shall disclose who has engaged in fund-raising activities for the department and the value of gifts each person has received or solicited. The state auditor shall report the results of the audit to the presiding officer of each house of the legislature and of each committee having primary jurisdiction over the department. Each member of the legislature may access the report.
(e) Policies adopted by the commission under Subsection (b) are public information under Chapter 552, Government Code.
Added by Acts 2001, 77th Leg., ch. 968, § 17, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 785, § 74, eff. Sept. 1, 2003.
§ 11.019. EMPLOYEES AS PEACE OFFICERS. (a) The director may commission as peace officers any of the employees provided for in the general appropriations act.
(b) Law enforcement officers commissioned by the director have the same powers, privileges, and immunities as peace officers coextensive with the boundaries of this state.
(c) Law enforcement officers commissioned by the director have the same authority as a sheriff to arrest, serve criminal or civil process, and require aid in serving criminal or civil process coextensive with the boundaries of this state.
(d) A law enforcement officer commissioned by the director may arrest without a warrant any person in this state found in the act of violating any law.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1983, 68th Leg., p. 122, ch. 29, § 2, eff. April 19, 1983.
§ 11.0191. ENFORCEMENT OF CODE. Law enforcement officers commissioned by the director and any other peace officers have the authority to enforce all provisions of this code.
Added by Acts 1983, 68th Leg., p. 123, ch. 29, § 3, eff. April 19, 1983.
§ 11.0192. PURCHASE OF BADGE BY RETIRING PEACE OFFICER OR SURVIVOR. (a) A peace officer commissioned by the director who is honorably retired from his commission by the department may purchase for an amount set by the department, not to exceed fair market value, one badge issued to the officer by the department. The purchase must be made before the second anniversary of the date of the officer's retirement.
(b) If a peace officer commissioned by the director dies while commissioned, whether or not the death occurred in the discharge of the officer's official duties as a peace officer, the following persons, in descending order of precedence, may purchase a badge issued to the officer under the same conditions imposed on a purchase by a retiring officer by Subsection (a) of this section:
(1) the surviving spouse of the officer; (2) any children of the officer; or (3) the parents of the officer.
Added by Acts 1987, 70th Leg., ch. 763, § 1, eff. Aug. 31, 1987.
§ 11.020. DEPUTY GAME WARDENS. (a) The director may commission deputy game wardens to serve at the will of the director. Provided, however, that no deputy game warden commissioned under this section may be commissioned for a period of longer than four years. At the expiration of each four-year commission the deputy game warden shall be eligible for recommission.
(b) The commission shall make regulations to govern the qualifications, conduct, and duties of commissioned deputy game wardens. The director shall implement an education course which includes training in pertinent aspects of a game warden's duties. Completion of this course shall be a prerequisite to any person obtaining a commission as deputy game warden.
(c) A commissioned deputy game warden may enforce state laws relating to hunting and fishing and to the preservation and conservation of wildlife and marine animals. The department shall prescribe the geographical area in which a deputy game warden may operate, except that a deputy game warden may not operate on the coastal waters, bays, or estuaries of this state. At all times when any commissioned deputy game warden is on duty or is acting in an official capacity he shall carry official identification and shall wear an official badge which is clearly visible. A commissioned deputy game warden must present his official identification to any person he believes is violating this code before the deputy game warden makes an investigation or arrest. A commissioned deputy game warden shall purchase and wear at all times when on duty or acting in an official capacity a uniform prescribed by the department.
(d) A deputy game warden must file an oath and a bond in the amount of $2,000 payable to the department at the time he receives the commission.
(e) Commissioned deputy game wardens serve without compensation from the state, but the department may expend necessary funds to support and maintain this responsibility.
Added by Acts 1977, 65th Leg., p. 650, ch. 241, § 1, eff. May 25, 1977.
§ 11.0201. SPECIAL GAME WARDENS. (a) The director may commission as a special game warden an honorably retired commissioned game warden of the department.
(b) An applicant for a special game warden commission must meet the minimum standards for licensing of a peace officer under the rules adopted by the Commission on Law Enforcement Officer Standards and Education.
(c) Except as provided by Subsection (d) of this section, a special game warden is subject to the orders of the director for special duty to the same extent as other law enforcement officers commissioned under this subchapter.
(d) A special game warden may enforce only: (1) provisions of this code; (2) regulations promulgated by the commission; (3) provisions of the Penal Code; and (4) other state laws intended to protect life or property, except a law that regulates the use of a motor vehicle on state highways.
(e) The department may assign a special game warden for duty in any area of the state, under the authority of the department's supervisory personnel in that area.
(f) The director has authority over the law enforcement activities of a special game warden regardless of whether the special game warden is on active or inactive status.
(g) The commission by rule shall establish standards governing the conduct and duties of special game wardens.
(h) Before the director may issue a special game warden commission, the applicant must file an oath and a bond in the amount of $2,500. The bond must be executed by a surety company authorized to do business in this state, must indemnify all persons against damages resulting from an unlawful act of the special game warden, and must be payable to the department at the time the applicant receives the commission.
(i) A special game warden commission expires on August 31 of the second calendar year following the year in which the commission is granted. At expiration of the commission, a special game warden is eligible for recommission. A special game warden serves at the will of the director.
(j) The commission by rule shall determine compensation for the services of a special game warden. Compensation for a special game warden may not exceed the actual value of the services rendered by the special game warden.
Added by Acts 1991, 72nd Leg., ch. 212, § 1, eff. Sept. 1, 1991.
§ 11.021. INFORMATION CONCERNING QUALIFICATIONS AND RESPONSIBILITIES. The director or the director's designee shall provide to commission members and department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 12, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 18, eff. Sept. 1, 2001.
§ 11.022. EQUAL OPPORTUNITY EMPLOYMENT. (a) The director or the director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b) The policy statement must include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the department to avoid the unlawful employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition of the department's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c) The policy statement must be: (1) updated annually; (2) reviewed by the state Commission on Human Rights for compliance with Subsection (b); and
(3) filed with the governor's office.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 13, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 19, eff. Sept. 1, 2001.
§ 11.023. CAREER LADDER PROGRAM. The director or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry level positions concurrently with any public posting.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 14, eff. Sept. 1, 1985.
§ 11.024. PERFORMANCE EVALUATIONS. The director or his designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for department employees must be based on the system established under this section.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 15, eff. Sept. 1, 1985.
§ 11.025. AUDIT. The financial transactions of the department are subject to audit by the state auditor in accordance with Chapter 321, Government Code.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 16, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 584, § 90, eff. Sept. 1, 1989.
§ 11.0255. EVALUATION OF CONSTRUCTION PROJECTS. (a) The department shall calculate the costs of each department construction project as the project is completed.
(b) In calculating the costs under Subsection (a), the department: (1) shall consider both direct and indirect costs of department employees who perform project tasks; and
(2) may use the cost accounting procedures and instructions developed by the State Council on Competitive Government under Section 2162.102, Government Code.
(c) On request, the State Council on Competitive Government shall provide technical assistance to the department, including assistance with the application of the council's cost accounting procedures and instructions.
(d) Using the costs calculated under this section for completed projects, the department shall evaluate the costs and benefits of contracting with private entities or individuals to manage proposed construction-related tasks or projects.
Added by Acts 2001, 77th Leg., ch. 968, § 20, eff. Sept. 1, 2001.
§ 11.026. GIFTS OF PROPERTY OR MONEY. (a) Except as provided by Subsection (b), the department may accept gifts of property or money in support of any department purpose authorized in this code.
(b) The department may not accept a gift or other donation from a person who holds a commercial license issued by the department. For the purposes of this section, a license issued under Subchapter D, Chapter 43, is not a commercial license.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 17, eff. Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 21, eff. Sept. 1, 2001.
§ 11.0261. PROHIBITION AGAINST ACCEPTANCE OF GIFTS, GRATUITIES, AND OTHER THINGS OF VALUE; EXCEPTION. (a) Except as provided by Subsection (b), a person who is a member of the commission or an employee of the department may not accept a gift, gratuity, or other thing of value, including travel, from a person who:
(1) is employed by or participates in the management of a business entity or other organization that receives funds from the department;
(2) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization that receives funds from the department;
(3) is a person a significant portion of whose business consists of furnishing goods or services to an entity or organization described by Subdivision (1) or (2); or
(4) is an agent, representative, attorney, employee, officer, owner, director, or partner of an entity, organization, or person described by Subdivision (1), (2), or (3).
(b) A department employee may accept reimbursement for travel expenses from the official nonprofit partner designated by the commission under Section 11.205 if:
(1) the employee has sufficiently documented the expense; and (2) the expense arose out of the performance of an activity related to an employee's official duties regarding the partner.
Added by Acts 1997, 75th Leg., ch. 1256, § 4, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 968, § 22, eff. Sept. 1, 2001.
§ 11.0262. CERTAIN GRATUITIES AUTHORIZED. (a) An employee of the state parks division of the department may accept a gratuity if:
(1) the employee, as a primary job duty, serves food or beverages in a restaurant, cafeteria, or other food service establishment located within a state park and owned and operated by the department;
(2) the gratuity is offered by a customer of the restaurant, cafeteria, or other food service establishment in appreciation of being served food or beverages by the employee;
(3) the department has designated the employee as an employee authorized to accept a gratuity; and
(4) the employee reports the gratuity in accordance with commission rules. (b) The commission may adopt rules necessary to implement this section.
Added by Acts 2005, 79th Leg., ch. 639, § 1, eff. Sept. 1, 2005.
§ 11.027. ESTABLISHMENT OF FEES; REVENUE. (a) In setting the amounts of the fees authorized by this code, the commission shall establish reasonable and necessary fees for the administration of department programs but may not maintain unnecessary fund balances.
(b) The commission by rule may establish and provide for the collection of a fee to cover costs associated with the review of an application for a permit required by this code.
(c) The department may sell any item in the possession of the department in which the state has title, or acquire and resell items if a profit can be made, to provide funding for programs administered by the department.
(d) The commission may set and charge a fee for the use of a credit card to pay a fee assessed by the department in an amount reasonable and necessary to reimburse the department for the costs involved in the use of the card. The department shall deposit the money in the state treasury.
(e) The commission by rule may establish and provide for the collection of a fee for entering, reserving, or using a facility or property owned or managed by the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 18, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 780, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 447, § 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, § 5, eff. Sept. 1, 1997.
§ 11.0271. PUBLIC HUNTING DRAWING; FEES. (a) The department may conduct public drawings to select applicants for public hunting privileges. The department may charge each person who participates in the drawing a nonrefundable participation fee in addition to any fee for issuing a hunting permit or license. The participation fee shall be set by the commission in an amount sufficient to pay the costs of operating the drawing.
(b) The commission may approve participation fees, not to exceed $25 per species for each participant on an application, in drawings for special hunting programs, packages, or events that exceed the costs of operating the drawing only if the fees charged are designated for use in the management and restoration efforts of the specific wildlife program implementing each special hunting program, package, or event.
Added by Acts 1993, 73rd Leg., ch. 635, § 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 931, § 78, eff. June 16, 1995.
§ 11.0272. PUBLIC FISHING AND SPECIAL EVENTS DRAWING; FEES. (a) The department may conduct public drawings to select applicants for public fishing or other special events privileges. The department may charge each person who participates in the drawing a nonrefundable participation fee in addition to any fee for issuing a permit or fishing license. The participation fee shall be set by the commission in an amount sufficient to pay the costs of operating the drawing.
(b) The commission may approve participation fees, not to exceed $25 per species or event for each participant on an application, in drawings for special fishing or other special programs, packages, or events the costs of which exceed the costs of operating the drawing only if the receipts from fees charged are designated for use in the management and restoration efforts of the specific fishery or resource program implementing each special fishing or other special program, package, or event.
Added by Acts 1997, 75th Leg., ch. 1256, § 6, eff. Sept. 1, 1997.
§ 11.028. VOLUNTEER SERVICES. (a) The department may use the services of volunteers to help carry out the duties and responsibilities of the department, provided, however, that volunteers shall not be used to enforce provisions of this code or to carry out department duties and responsibilities on private property unless the landowner has consented to the activity.
(b) The department may accept funds raised by a volunteer or volunteer group to promote the work of the department and to help carry out its duties and responsibilities. The department may use the funds for the specific project or purpose for which the funds are intended.
(c) The director may waive park entrance fees and facility use fees for a volunteer to assist in the accomplishment of the volunteer's service to the department.
(d) The executive director may expend funds appropriated to the department from dedicated funding sources for:
(1) the establishment of an insurance program to protect volunteers in the performance of volunteer service;
(2) recognition of the services of a volunteer or volunteer groups. (e) The commission shall authorize the administrator of a state park to provide passes to the state park to members of nonprofit youth groups who volunteer to help carry out the duties and responsibilities of the department at the park. For purposes of this subsection, "nonprofit youth group" means a nonprofit organization that:
(1) is chartered as a national or statewide organization; (2) is organized and operated exclusively for youth recreational or educational purposes and that includes, as part of the group's program, components relating to:
(A) character development; (B) citizenship training; (C) physical and mental fitness; and (D) prevention of drug abuse; (3) has been in existence for at least 10 years; and (4) has a membership of which at least 65 percent are younger than 22 years of age.
Added by Acts 1991, 72nd Leg., ch. 910, § 1, eff. Sept. 1, 1991. Amended by Acts 1999, 76th Leg., ch. 257, § 1, eff. May 28, 1999.
§ 11.029. ADMINISTRATION OF OATHS. Employees of the department who are designated as provided by the commission may administer oaths in connection with the permitting, licensing, and other functions of the department.
Added by Acts 1991, 72nd Leg., ch. 192, § 1, eff. Sept. 1, 1991. Renumbered from § 11.028 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, § 8.01(20), eff. Nov. 12, 1991.
§ 11.030. DISCLOSURE OF PERSONAL CUSTOMER INFORMATION. (a) The name and address and a telephone, social security, driver's license, bank account, credit card, or charge card number of a person who purchases customer products, licenses, or services from the department may not be disclosed except as authorized under this section or Section 12.0251.
(b) Chapter 552, Government Code, does not apply to customer information described by Subsection (a).
(c) The commission by rule shall adopt policies relating to: (1) the release of the customer information; (2) the use of the customer information by the department; and (3) the sale of a mailing list consisting of the names and addresses of persons who purchase customer products, licenses, or services.
(d) The commission shall include in its policies a method for a person by request to exclude information about the person from a mailing list sold by the department.
(e) The commission or department may disclose customer information to a federal or state law enforcement agency if the agency provides a lawfully issued subpoena.
(f) The department and its officers and employees are immune from civil liability for an unintentional violation of this section.
(g) In this section, a reference to the department includes a reference to an agent of the department.
Added by Acts 1995, 74th Leg., ch. 519, § 1, eff. Aug. 28, 1995.
SUBCHAPTER C. SPECIAL ACCOUNTS
§ 11.031. GAME, FISH, AND WATER SAFETY ACCOUNT. There is in the state treasury an account called the "game, fish, and water safety account."
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 546, ch. 260, art. 1, § 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
§ 11.032. GAME, FISH, AND WATER SAFETY ACCOUNT; SOURCES. (a) The game, fish, and water safety account is a separate account in the general revenue fund.
(b) The department shall deposit to the credit of the game, fish, and water safety account all revenue, less allowable costs, from the following sources:
(1) all types of fishing licenses and stamps and shrimping licenses, except as provided by Section 77.120;
(2) all types of hunting licenses and stamps; (3) trapping licenses and other licenses relating to the taking, propagation, and sale of fur-bearing animals or their pelts;
(4) sale of marl, sand, gravel, shell, and mudshell; (5) oyster bed rentals and permits; (6) federal funds received for fish and wildlife research, management, development and conservation, resource protection, and law enforcement, unless the funds are received for the specific purposes of Subchapter F, Chapter 77 ;
(7) sale of property, less advertising costs, purchased from this account or a special fund or account that is now part of this account;
(8) fines and penalties collected for violations of a law pertaining to the protection and conservation of wild birds, wild fowl, wild animals, fish, shrimp, oysters, game birds and animals, fur-bearing animals, alligators, and any other wildlife resources of this state;
(9) sale of rough fish by the department; (10) fees for importation permits; (11) fees from supplying fish for or placing fish in water located on private property;
(12) sale of seized pelts; (13) sale or lease of grazing rights to and the products from game preserves, sanctuaries, and management areas;
(14) contracts for the removal of fur-bearing animals and reptiles from wildlife management areas;
(15) vessel registration fees; (16) vessel manufacturer or dealer licensing fees; (17) fines or penalties imposed by a court for violation of water safety laws contained in Chapter 31 of this code;
(18) alligator hunter's or alligator buyer's licenses; (19) sale of alligators or any part of an alligator by the department; (20) fees and revenue collected under Section 11.027(b) or (c) of this code that are associated with the conservation of fish and wildlife;
(21) any other source provided by law; and (22) vessel and outboard motor titling fees. (c) Not later than the 10th day of each month the department shall transfer 15 percent of all amounts collected during the previous month from sources described by Subsection (b)(15), (16), or (22) to the state parks account.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 546, ch. 260, art. 1, § 1, eff. Sept. 1, 1979; Acts 1981, 67th Leg., p. 439, ch. 184, § 3, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 640, § 2, eff. Jan. 1, 1986; Acts 1989, 71st Leg., ch. 637, § 6, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 780, § 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 339, § 2, eff. June 8, 1995; Acts 2003, 78th Leg., ch. 200, § 7(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 667, § 1, eff. Sept. 1, 2003.
§ 11.033. USE OF GAME, FISH, AND WATER SAFETY ACCOUNT. (a) To the extent allowed by federal law, money in the game, fish, and water safety account may be used for the following purposes:
(1) enforcement of fish, shrimp, and oyster laws, game laws, and laws pertaining to sand, shell, and gravel;
(2) dissemination of information pertaining to marine life, wild animal life, wildlife values, and wildlife management;
(3) scientific investigation and survey of marine life for the better protection and conservation of marine life;
(4) establishment and maintenance of fish hatcheries, fish sanctuaries, tidal water fish passes, wildlife management areas, and public hunting grounds;
(5) propagation and distribution of marine life, game animals, and wild birds;
(6) protection of wild birds, fish, and game; (7) purchase, repair, and operation of boats and dredges; (8) research, management, and protection of the fish and wildlife resources of this state, including alligators and fur-bearing animals;
(9) salaries of employees and other expenses necessary to carry out the duties of the department under laws relating to fish, shrimp, oysters, game, water safety, and sand, shell, and gravel;
(10) expansion and development of additional opportunities of hunting and fishing in state-owned land and water;
(11) removing rough fish from public water; (12) administration and enforcement of the water safety laws as set out in Chapter 31;
(13) purchasing all necessary forms and supplies, including reimbursement of the department for any material produced by its existing facilities or work performed by other divisions of the department;
(14) purchase, construction, and maintenance of boat ramps on or near public waters as provided in Chapter 31;
(15) resource protection activities; and (16) any other use provided by law. (b) The department may use money from license fees paid by hunters and fishermen only for those functions required to manage the fish and wildlife resources of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 547, ch. 260, art. 1, § 1, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 1157, ch. 261, § 1, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 267, art. 1, § 19, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, § 7, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 968, § 23, eff. Sept. 1, 2001.
§ 11.034. GAME, FISH, AND WATER SAFETY ACCOUNT EXPENDITURES. All expenditures of the department from the game, fish, and water safety account must be approved by the director. The comptroller shall draw a warrant on the state treasury from the game, fish, and water safety account for the amount of the expenditure in favor of the person claiming the expenditure.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 546, ch. 260, art. 1, § 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
§ 11.035. STATE PARKS ACCOUNT. (a) The state parks account is a separate account in the general revenue fund. (b) The department shall deposit to the credit of the state parks account all revenue, less allowable costs, received from the following sources:
(1) grants or operation of concessions in state parks or fishing piers; (2) publications on state parks, state historic sites, or state scientific areas;
(3) fines or penalties received from violations of regulations governing parks issued pursuant to Subchapter B, Chapter 13, of this code;
(4) fees and revenue collected under Section 11.027(b) or (c) of this code that are associated with state park lands;
(5) $1,125,000 per month and 40 percent of the amount above $27 million per year of credits made to the department under Section 151.801, Tax Code; and
(6) any other source provided by law.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1991, 72nd Leg., ch. 780, § 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
§ 11.037. STATE LAND AND WATER CONSERVATION ACCOUNT. (a) The state land and water conservation account is a separate account in the general revenue fund.
(b) The department shall deposit in the state land and water conservation account all revenue received from the federal government or any other source for the purpose of administering programs authorized under Sections 13.301 through 13.311 of this code.
(c) The state land and water conservation account may be used for paying the cost of planning, acquisition, operation, and development of outdoor recreation and conservation resources of the state and the administrative expenses incident to the projects or programs authorized under Sections 13.301 through 13.311 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
§ 11.038. OPERATING ACCOUNT. (a) The parks and wildlife operating account is a separate account in the general revenue fund.
(b) The commission may transfer any funds appropriated to the department for personal services, travel, consumable supplies and materials, current operating expenses, and capital outlay, as these terms are used in the comptroller's object classification codes of the general appropriations act. All expenditures by the department from this account shall be made only for the purposes for which appropriations are made in the general appropriations act.
(c) The parks and wildlife operating account shall be used for the purposes specified by law and nothing may be done by any officer or employee of the department or commission to divert or jeopardize the account or any portion of the account, including any federal aid the department receives or administers.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
§ 11.040. MISTAKEN DEPOSIT. (a) Any funds deposited in the state treasury by the department by mistake of fact or mistake of law shall be refunded by warrant issued against the fund and credited against the account in the state treasury into which the money was deposited. Refunds necessary to make the proper correction shall be appropriated by the general appropriations act.
(b) The comptroller may require written evidence from the director of the department to indicate the reason for the mistake of fact or law before issuing the refund warrant authorized in Subsection (a) of this section.
(c) This section does not apply to any funds that have been deposited under a written contract or to any funds on deposit as of June 8, 1971, which are the subject of litigation in any of the courts of this state or the United States.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
§ 11.041. TRANSFER OF PROPERTY. (a) The commission may transfer tangible property, other than money or real estate held for limited purposes, from one division of the department to another division.
(b) If the property to be transferred was acquired with funds the use of which is limited by law or dedicated in any other manner, and the prospective use of the property is different from the use allowed by law, the department shall transfer from available funds to the fund or account from which the property was acquired the value of the property at the time of the transfer.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
§ 11.042. FUNDS DEPOSITED IN TREASURY. All money paid to the department under this code or allocated to the department under Section 151.801, Tax Code, other than money received under Subchapter C, Chapter 12, or Chapter 21 of this code, shall be deposited in the State Treasury and may be used only for the administration of this code.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 20, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
§ 11.043. TEXAS PARKS AND WILDLIFE CONSERVATION AND CAPITAL ACCOUNT. (a) The Texas parks and wildlife conservation and capital account is a separate account in the general revenue fund.
(b) The account consists of the amount of credits made to the department under Section 151.801, Tax Code, after allocations to the state parks account and the Texas recreation and parks account, proceeds of revenue bonds issued under Section 13.0045, or any other source authorized by law.
(c) Except as provided by Subsection (d), money in the account may be spent only for acquisition and development, maintenance, or operation of parks, fisheries, and wildlife projects that have been individually approved by the commission. Projects that directly provide hunting, fishing, or outdoor recreation opportunity to the public shall be given preference for funding under this section. Approved projects may include:
(1) acquiring land or facilities for use in any department program; (2) developing and improving any land or facility owned or controlled by the department;
(3) servicing the debt on Texas park development bonds issued under Article III, Section 49-e, of the Texas Constitution or any other bonds issued for parks, fisheries, or wildlife projects;
(4) local park grants in Chapter 24 of this code; (5) initiating or participating in partnerships to enhance conservation of historical, cultural, or natural resources;
(6) operational and maintenance costs in association with any parks, fisheries, wildlife projects, or department law enforcement efforts in support of this code; and
(7) meeting the requirements for providing matching money for any federal grants for parks, fisheries, or wildlife projects.
(d) The proceeds of bonds issued under Section 13.0045 and deposited to the account may be spent to finance parks and wildlife projects, including the repair, renovation, improvement, and equipping of parks and wildlife facilities.
(e) The comptroller may invest money in the account.
Added by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993. Amended by Acts 1997, 75th Leg., ch. 902, § 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, § 17.01, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1502, § 1, eff. Sept. 1, 1999.
§ 11.044. DISPOSITION OF INTEREST ON INVESTMENTS. (a) Interest received from the investment of money in all accounts of the department in charge of the comptroller shall be allocated monthly to each account in an amount proportionate to the amount of money invested from the account.
(b) The comptroller may retain from the interest to be allocated monthly an amount equal to the necessary administrative costs of making the allocations.
Added by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1423, § 17.02, eff. Sept. 1, 1997.
§ 11.045. APPLICATION OF OTHER LAW. Section 403.095, Government Code, does not apply to revenues accruing to an account established under this chapter.
Added by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
§ 11.046. OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA ACCOUNT. (a) The off-highway vehicle trail and recreational area account is a separate account in the general revenue fund.
(b) The department shall deposit to the credit of the off-highway vehicle trail and recreational area account all revenue, less allowable costs, from the following sources:
(1) decal fees collected under Chapter 29; (2) fines assessed against persons operating off-highway vehicles in violation of Chapter 29 or any other law relating to the operation of off-highway vehicles;
(3) all funding outside the general revenue fund received by the department under Section 29.007; and
(4) all interest that accrues to the account.
Added by Acts 2005, 79th Leg., ch. 367, § 2, eff. Sept. 1, 2005.
§ 11.047. USE OF OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA ACCOUNT. Money in the off-highway vehicle trail and recreational area account may be used only for expenditures necessary under Chapter 29 to:
(1) acquire, construct, develop, and maintain trails and other recreational areas for use by owners and riders of off-highway vehicles as defined by Section 29.001;
(2) provide access to those trails and recreational areas; (3) make grants under Section 29.008; and (4) enforce and administer the off-highway vehicle trail and recreational area program.
Added by Acts 2005, 79th Leg., ch. 367, § 2, eff. Sept. 1, 2005.
SUBCHAPTER D. SPECIAL NONGAME AND ENDANGERED SPECIES CONSERVATION ACCOUNT
§ 11.051. DEFINITIONS. In this subchapter: (1) "Nongame" means those species of vertebrate and invertebrate wildlife that are not classified as game animals, game birds, game fish, fur-bearing animals, endangered species, alligators, marine penaeid shrimp, or oysters.
(2) "Endangered species" means those species listed as provided by Section 68.002 of this code.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June 16, 1983.
§ 11.052. SPECIAL NONGAME AND ENDANGERED SPECIES CONSERVATION ACCOUNT. The special nongame and endangered species conservation account is a separate account in the general revenue fund.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June 16, 1983. Amended by Acts 1993, 73rd Leg., ch. 679, § 3, eff. Sept. 1, 1993.
§ 11.053. SOURCES OF ACCOUNT. (a) The department shall deposit to the credit of the special nongame and endangered species conservation account all money received from:
(1) private contributions, grants, and donations made to the special nongame and endangered species conservation account;
(2) the net proceeds from the sale under this chapter of wildlife art prints, decals, and stamps;
(3) interest income from the investment of money collected under this section; and
(4) income from entrance fees, easements, mineral leases, grazing leases, and sale of products from lands purchased with funds from the special nongame and endangered species conservation account.
(b) The department may accept private contributions, grants, and donations made to the special nongame and endangered species conservation account.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June 16, 1983. Amended by Acts 1993, 73rd Leg., ch. 679, § 4, eff. Sept. 1, 1993.
§ 11.054. USES OF ACCOUNT. (a) Money in the special nongame and endangered species conservation account may be used for the following purposes:
(1) dissemination of information pertaining to nongame and endangered species conservation, management, and values;
(2) scientific investigation and survey of nongame and endangered species for better protection and conservation;
(3) propagation, distribution, protection, and restoration of nongame and endangered species;
(4) research and management of nongame and endangered species; (5) development of habitats for nongame and endangered species; (6) acquisition of habitats for nongame and endangered species; and (7) matching of funds available to the department under federal programs for projects and activities authorized under this section.
(b) Appropriations from the special nongame and endangered species conservation account are supplemental, and other accounts may be appropriated for the purposes for which the fund was established.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June 16, 1983. Amended by Acts 1993, 73rd Leg., ch. 679, § 5, eff. Sept. 1, 1993.
§ 11.055. WILDLIFE ART PRINTS, DECALS, AND STAMPS. (a) The commission may contract with and pay a person for designing and producing the wildlife art prints, decals, and stamps authorized by this subchapter.
(b) The commission may authorize an agent, including a nonprofit wildlife conservation organization, to sell the wildlife art prints, decals, and stamps, and shall provide for the widespread availability of those items to the public.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June 16, 1983.
§ 11.056. COSTS OF WILDLIFE ART PRINTS, DECALS, AND STAMPS. (a) The price of a wildlife art decal or stamp sold under this subchapter is $5.00 or an amount set by the commission, whichever amount is more. The department may issue other editions of the stamp and decal at amounts set by the commission.
(b) The department shall establish the royalty and a reasonable price to be paid for a wildlife art print sold under this subchapter.
(c) Repealed by Acts 1995, 74th Leg., ch. 931, § 80, eff. June 16, 1995.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June 16, 1983. Amended by Acts 1995, 74th Leg., ch. 931, § 1, 80, eff. June 16, 1995.
SUBCHAPTER E. LIFETIME LICENSE ENDOWMENT ACCOUNT
§ 11.061. LIFETIME LICENSE ENDOWMENT ACCOUNT. The lifetime license endowment account is a separate account in the general revenue fund.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 21, eff. Sept. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 679, § 6, eff. Sept. 1, 1993.
§ 11.062. SOURCES OF ACCOUNT. (a) The department shall deposit to the credit of the lifetime license endowment account all money received from:
(1) lifetime hunting, fishing, or combination licenses; (2) private contributions, grants, and donations made for purposes of this subchapter;
(3) interest income from the investment of money collected under this section; and
(4) any other source provided by law. (b) The department may accept private contributions, grants, and donations made to the lifetime license endowment account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 21, eff. Sept. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 679, § 6, eff. Sept. 1, 1993.
§ 11.063. USES OF ACCOUNT. Interest earned on the lifetime license endowment account may be used only to:
(1) acquire public hunting and fishing areas; and (2) develop, manage, and repair public hunting and fishing areas.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 21, eff. Sept. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 679, § 6, eff. Sept. 1, 1993.
§ 11.064. RESTRICTIONS. No expenditures shall be made from the principal of the lifetime license endowment account except as provided by law.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 21, eff. Sept. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 679, § 6, eff. Sept. 1, 1993.
§ 11.065. INVESTMENTS. The commission shall adopt rules for the investment of the lifetime license endowment account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 21, eff. Sept. 1, 1986. Amended by Acts 1993, 73rd Leg., ch. 679, § 6, eff. Sept. 1, 1993.
SUBCHAPTER F. REGULATION OF MINERAL RECOVERY OPERATIONS ON DEPARTMENT LANDS
§ 11.071. REGULATION OF MINERAL RECOVERY OPERATIONS. The commission may regulate the use of department lands for oil, gas, and other mineral recovery and associated activities as the commission considers reasonable and necessary to protect the surface estate of department lands or to protect human health or property. Department lands include state parks, wildlife management areas, and natural areas.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 22, eff. Sept. 1, 1985.
§ 11.072. ENFORCEMENT. (a) If a person has violated, is violating, or is threatening to violate a regulation adopted under this subchapter, the director may have a civil suit brought in a district court for injunctive relief, for assessment and recovery of a civil penalty of not less than $100 for each act of violation, or for both injunctive relief and a civil penalty.
(b) A suit under this subchapter shall be brought in the name of the department through the attorney general.
(c) Reasonable attorney's fees shall also be recoverable, with reimbursement to the operating fund or account from which the expenditure occurred.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 22, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 679, § 7, eff. Sept. 1, 1993.
§ 11.073. DISPOSITION OF CIVIL PENALTIES. All civil penalties recovered in suits under this subchapter shall be paid to the appropriate fund or account of the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 22, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 679, § 8, eff. Sept. 1, 1993.
§ 11.074. EFFECT ON OTHER LAWS. This subchapter does not affect the regulatory authority of the Railroad Commission of Texas.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 22, eff. Sept. 1, 1985.
SUBCHAPTER G. AQUATIC VEGETATION MANAGEMENT
§ 11.081. DEFINITIONS. In this subchapter: (1) "Governing entity" means the state agency or other political subdivision with jurisdiction over a public body of surface water.
(2) "Integrated pest management" means the coordinated use of pest and environmental information and pest control methods to prevent unacceptable levels of pest damage by the most economical means and in a manner that will cause the least possible hazard to persons, property, and the environment.
(3) "Local plan" means a local aquatic vegetation management plan authorized by Section 11.083.
(4) "Public body of surface water" means any body of surface water that is not used exclusively for an agricultural purpose. The term does not include impounded water on private property.
(5) "State plan" means the state aquatic vegetation management plan authorized by Section 11.082 and developed and implemented under this subchapter.
(6) "Water district" means a conservation and reclamation district or an authority created under authority of Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, that has jurisdiction over a public body of surface water. The term does not include a navigation district or a port authority.
Added by Acts 1999, 76th Leg., ch. 1461, § 1.
§ 11.082. STATE AQUATIC VEGETATION MANAGEMENT PLAN. (a) The department shall develop and by rule adopt a state aquatic vegetation management plan following the generally accepted principles of integrated pest management. The state plan shall apply throughout the state unless a governmental entity has adopted an approved local plan.
(b) The department shall develop the state plan in coordination with the Texas Natural Resource Conservation Commission, the Department of Agriculture, water districts and other political subdivisions of the state with jurisdiction over public bodies of surface water, and public drinking water providers.
(c) The state plan must: (1) establish minimum standards for a governing entity that regulates a public body of surface water;
(2) require that any application of aquatic herbicide complies with label rates approved by the United States Environmental Protection Agency;
(3) ensure that any public drinking water provider that has an intake within two river miles of a site at which an application of aquatic herbicide is proposed to occur receives notice of the proposed application not later than the 14th day before the date the application is to occur;
(4) provide for the coordination, oversight, public notification, and enforcement of all aquatic herbicide use to protect state fish and wildlife resources and habitat and to prevent unreasonable risk from the use of any aquatic herbicide; and
(5) require that the written notice of a proposed application of herbicide include information demonstrating that the proposed application of herbicide under a plan will not result in exceeding:
(A) the maximum contaminant level of the herbicide in finished drinking water as set by the Texas Natural Resource Conservation Commission and the United States Environmental Protection Agency; or
(B) the maximum label rate, if the aquatic herbicide does not have a maximum contaminant level established by the Texas Natural Resource Conservation Commission and the United States Environmental Protection Agency.
(d) In administering the state plan, the department shall consult with, advise, provide resources to, and otherwise assist local governments regarding aquatic vegetation management and control. In this subsection, "local government" includes any political subdivision with jurisdiction over a public body of surface water.
Added by Acts 1999, 76th Leg., ch. 1461, § 1, eff. Feb. 2, 2001. Amended by Acts 2001, 77th Leg., ch. 968, § 24, eff. Sept. 1, 2001.
§ 11.083. LOCAL AQUATIC VEGETATION MANAGEMENT PLAN. (a) A governing entity may develop and adopt a local aquatic vegetation management plan. A local plan must be approved by the department, the Texas Natural Resource Conservation Commission, and the Department of Agriculture.
(b) A local plan may take into account the particular needs and uses of the public bodies of surface water to which it will apply, but the plan may not be approved unless the plan meets the minimum standards set by the state plan. The local plan may allow herbicide use if the person proposing to apply the herbicide notifies the governing entity not later than the 14th day before the proposed date of application.
Added by Acts 1999, 76th Leg., ch. 1461, § 1, eff. Feb. 2, 2001.
§ 11.084. APPLICATION OF AQUATIC HERBICIDE IN PUBLIC BODY OF SURFACE WATER. (a) No person may apply aquatic herbicide in a public body of surface water unless the herbicide is applied in a manner consistent with the plan adopted by the governing entity.
(b) State money may not be used to pay for treatment of a public body of surface water with a chemical herbicide unless the application of the herbicide is performed by an applicator licensed for aquatic herbicide application by the Department of Agriculture.
(c) An individual who does not hold an applicator's license and who desires to apply an aquatic herbicide on a public body of surface water shall give written notice not later than the 14th day before the date the application of the aquatic herbicide is to occur to the governing entity with jurisdiction over the body of water on which the application of the herbicide is proposed. The governing entity shall respond to the individual's application not later than the day before the date the application of the aquatic herbicide is to occur. The individual may not apply the aquatic herbicide unless the governing entity finds that the application will be consistent with the state or local plan adopted by the entity.
(d) The state plan may provide for use of an aquatic herbicide consistent with the plan if:
(1) the individual who desires to apply the aquatic herbicide gives notice to the appropriate governing entity in the same manner as provided by Subsection (c) for an unlicensed applicator; and
(2) the governing entity does not disapprove the application. (e) After receiving notice of a proposed application of aquatic herbicide, the governing entity shall:
(1) provide the individual proposing the application with a copy of the state or local plan, as appropriate;
(2) notify the individual in writing that it is a violation of state law to apply aquatic herbicides in that body of water in a manner inconsistent with the plan; and
(3) determine whether the proposed application is consistent with the plan.
(f) The governing entity shall: (1) prohibit a proposed application of aquatic herbicide if the governing entity finds that the proposed application is inconsistent with the appropriate plan; or
(2) notify the individual proposing the application of the herbicide that the proposed application is not inconsistent with the appropriate plan if the governing entity finds that the proposed application is not inconsistent with the plan.
Added by Acts 1999, 76th Leg., ch. 1461, § 1, eff. Feb. 2, 2001.
§ 11.085. LIABILITY. (a) The liability under other law of a governing entity that receives notice of a proposed application of aquatic herbicide is not affected by the requirements of this subchapter.
(b) Notice by a governing entity to an individual under Section 11.084(f)(2) does not constitute authorization by that entity for the application of the herbicide.
(c) This subchapter does not relieve an individual who applies aquatic herbicide to a public body of surface water of the obligation to comply with all applicable federal, state, or local laws, rules, ordinances, or orders relating to the application of the herbicide in the body of water.
Added by Acts 1999, 76th Leg., ch. 1461, § 1, eff. Feb. 2, 2001.
§ 11.086. RECORDS. A governing entity shall maintain for not less than five years all records relating to notifications received under Section 11.084 and any other information relevant to a particular individual request for shoreline treatment.
Added by Acts 1999, 76th Leg., ch. 1461, § 1, eff. Feb. 2, 2001.
SUBCHAPTER H. LAND AND WATER RESOURCES CONSERVATION PLAN
§ 11.101. DEFINITION. In this subchapter, "conservation" includes the conservation of historical, natural, recreational, and wildlife resources.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
§ 11.102. PLAN APPROVAL; HEARING REQUIRED. (a) The department must obtain approval from the commission for each development plan required by statute for a geographical area managed by the department.
(b) The commission shall hold a hearing on approval of the plan.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
§ 11.103. INVENTORY. (a) The department shall inventory all land and water associated with historical, natural, recreational, and wildlife resources in this state that are owned by:
(1) governmental entities; or (2) nonprofit entities that offer access to the land or water to the public.
(b) The department shall use existing inventory information concerning the lands identified in Subsection (a)(1) whenever possible.
(c) The department shall create a permanent database of the resources inventoried under Subsection (a). At least once every 10 years, the department shall update the database as necessary to reflect changes in the resources.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
§ 11.104. LAND AND WATER RESOURCES CONSERVATION AND RECREATION PLAN. (a) Using the inventory prepared under Section 11.103, the department shall:
(1) analyze the state's existing and future land and water conservation and recreation needs;
(2) identify threatened land and water resources in this state; and (3) establish the relative importance for conservation purposes of particular resources listed in the inventory.
(b) The inclusion of a specific parcel of land in the inventory does not create any additional right of public access to that land.
(c) Based on the analysis made under Subsection (a), the department shall prepare a land and water resources conservation and recreation plan. The plan must include criteria for determining how to meet the state's conservation and recreation needs. The department shall revise the plan as necessary to reflect changes in the inventory developed under Section 11.103.
(d) The department shall modify any existing plans regarding parks and wildlife management areas to make the existing plans consistent with the land and water resources conservation and recreation plan developed under this section.
(e) The department shall base its decisions regarding the state's conservation needs on the criteria developed in the plan, including decisions relating to:
(1) the acquisition of new resources for the conservation and recreation purposes of the department;
(2) the divestiture of existing department-owned resources; (3) department grants to local parks; (4) department cooperation with private conservation organizations and landowners, including associations of landowners; and
(5) other major land conservation operations of the department.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
§ 11.105. COORDINATION OF CONSERVATION AND RECREATION OPERATIONS. The department shall:
(1) consider all resources listed in the inventory prepared under Section 11.103 in conjunction with each other;
(2) coordinate department activities related to those resources internally and with similar activities of other governmental or nonprofit entities; and
(3) set priorities for department activities related to those resources according to the most vital existing and future needs for conservation and recreation.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
§ 11.106. EXEMPTIONS. Section 11.104 does not apply to: (1) property that is part of a fund created or specifically authorized by the constitution of this state that is administered by or with the assistance of the School Land Board or the General Land Office; or
(2) land, water, or property owned by the permanent university fund or any other land, water, or property owned by, administered by, or held for the use and benefit of an institution of higher education, as that term is defined in Section 61.003, Education Code.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
SUBCHAPTER I. STATEWIDE COMMERCIAL PROJECTS
§ 11.151. DEFINITION. In this subchapter, "statewide commercial project" means a commercial venture undertaken by the department throughout the state, including promotions, sales, or other activities to raise money for the department. The term does not include a promotion or sale undertaken solely at one site.
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
§ 11.152. BUSINESS PLANS. Each business plan developed under this subchapter must include:
(1) a description of the product or service provided; (2) an analysis of the information necessary for persons to make decisions on the project;
(3) an analysis of the personnel necessary to manage and implement the project;
(4) financial data, including both past performance and a budget and goals for future performance; and
(5) a list of the resources necessary for a successful project.
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
§ 11.153. DEPARTMENT PLAN: OPERATIONAL STRATEGIES. (a) The department shall develop an agency-wide business plan to guide its overall operational strategies for statewide commercial projects. The plan must:
(1) use the plans prepared under Section 11.154 for each project; (2) evaluate the efficiency of existing projects; (3) consider or propose changes to any project necessary to meet the department's overall goals;
(4) compare each project's services and products to similar services and products available from the private sector;
(5) seek to increase savings and improve customer service on each project; (6) coordinate existing projects to avoid duplication and focus resources on the most efficient and effective projects; and
(7) assess the potential for contracting with a private entity or individual to perform department functions relating to specific projects.
(b) The department shall use the services of the State Council on Competitive Government, where appropriate, in fulfilling the department's duties under Subsection (a)(7).
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
§ 11.154. INDIVIDUAL PROJECT PLANS. (a) The department shall develop a business plan for each statewide commercial project. The plan must contain:
(1) an accurate accounting for all project costs, including personnel and overhead costs; and
(2) reasonable projections of project income. (b) The director shall review the plan for each project at least annually to assess the overall performance and value of the project.
(c) The department may modify a plan as necessary to meet changing conditions.
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
§ 11.155. ADJUSTMENT OR TERMINATION OF PROJECT FOR FAILURE TO MEET FINANCIAL OBJECTIVES. (a) Except as provided by Subsection (b), the department shall adjust or terminate a statewide commercial project that fails to meet the financial objectives stated in the project's plan.
(b) This section does not apply if the department determines that the project possesses a positive public relations value or fulfills a useful educational purpose.
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
§ 11.156. CONTRACT WITH PRIVATE SECTOR. The department shall consider contracting out all or part of a statewide commercial project to a private entity or individual, including a nonprofit entity or individual.
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
SUBCHAPTER J. NONPROFIT PARTNERSHIPS
§ 11.201. DEFINITIONS. In this subchapter: (1) "Nonprofit partner" means a nonpolitical legal entity that: (A) is incorporated under the laws of this state; (B) has been granted an exemption from federal income tax under Section 501(c), Internal Revenue Code of 1986, as amended;
(C) works with the department to further department goals; and (D) is selected as provided under Section 11.202. (2) "Official nonprofit partner" means the nonprofit partner designated by the commission under Section 11.205.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.202. GENERAL DUTIES. (a) The department may select and cooperate with nonprofit partners to serve department goals.
(b) The department must obtain commission approval for each nonprofit partner selected under Subsection (a).
(c) The commission by rule shall establish best practices for nonprofit partners to comply with.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.203. ACCOUNTABILITY OF NONPROFIT PARTNERS; INVESTMENT RESTRICTIONS. (a) The commission by rule shall require a nonprofit partner to comply with specified state standards and safeguards for accounting for state assets held by the nonprofit partner.
(b) Chapter 2256, Government Code, applies to a nonprofit partner to the extent that the partner controls state money.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.204. PLAN. The department shall provide to each nonprofit partner a copy of the plan developed under Section 11.104.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.205. OFFICIAL NONPROFIT PARTNER. (a) The commission shall designate a single nonprofit partner as the official nonprofit partner of the department, unless the commission determines in writing that no nonprofit partner is capable of effectively implementing the goals of this section.
(b) The official nonprofit partner must be dedicated to meeting department goals.
(c) The official nonprofit partner may accept gifts, grants, and donations to further department goals, including a gift, grant, or donation made in the name of the department.
(d) The official nonprofit partner may use state money to acquire property or engage in construction activities only if that acquisition or construction is consistent with the department's conservation and recreation priorities outlined in the plan developed under Section 11.104.
(e) The official nonprofit partner may organize and manage accounts for local nonprofit partners or other organizations to benefit a specific state park or other sites under the department's jurisdiction.
(f) The commission by rule shall establish: (1) guidelines under which the official nonprofit partner may solicit and accept sponsorships from private entities; and
(2) best practices under which the partner may engage in activities under this section.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.206. AUDIT OF OFFICIAL NONPROFIT PARTNER. (a) The official nonprofit partner shall be audited annually by an independent auditor. The partner shall file the audit with the commission.
(b) The official nonprofit partner's financial transactions involving and financial records relating to state money held by the nonprofit partner are subject to audit by the state auditor as provided in Section 321.013, Government Code.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.207. EXPENDITURES; LIMITS. (a) The department shall direct, by the terms of the contract or grant, how a nonprofit partner may spend any state money it receives.
(b) A state employee may not directly spend or obligate a nonprofit partner's money.
(c) A nonprofit partner may not spend state money to: (1) lobby or otherwise attempt to influence a member of the legislature; or
(2) directly or indirectly attempt to influence legislation.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001. § 12.001. GENERAL DUTIES. (a) The department shall administer the laws relating to game, fish, oysters, and marine life, as set out in this code.
(b) The department may: (1) collect and enforce the payment of all taxes, licenses, fines, and forfeitures due to the department;
(2) inspect all products required to be taxed by the laws relating to game, fish, oysters, and marine life and verify the weights and measures of the products;
(3) examine on request all streams, lakes, and ponds for the purpose of stocking with fish best suited to the locations;
(4) manage the propagation and distribution of fish in state fish hatcheries; and
(5) manage the propagation and distribution of birds and game in state reservations.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.0011. RESOURCE PROTECTION. (a) The department is the state agency with primary responsibility for protecting the state's fish and wildlife resources.
(b) The department's resource protection activities include: (1) investigating fish kills and any type of pollution that may cause loss of fish or wildlife resources, taking necessary action to identify the cause and party responsible for the fish kill or pollution, estimating the monetary value of lost resources, and seeking restoration through presentation of evidence to the agency responsible for permitting or through suit in county or district court;
(2) providing recommendations that will protect fish and wildlife resources to local, state, and federal agencies that approve, permit, license, or construct developmental projects;
(3) providing information on fish and wildlife resources to any local, state, and federal agencies or private organizations that make decisions affecting those resources; and
(4) providing recommendations to the Texas Department of Water Resources on scheduling of in-stream flows and freshwater inflows to Texas estuaries for the management of fish and wildlife resources.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 23, eff. Sept. 1, 1985.
§ 12.003. RECORDS. (a) The department shall keep a record containing the following information:
(1) the amount of all special taxes collected; (2) a list of all licenses issued and the amount of license fees collected;
(3) a list of all certificates issued for location of private oyster beds, the date of the certificate and application, when and how the applications were executed, and the manner in which the bottoms were examined and the amount of rent collected for the location;
(4) all stock fish furnished, to whom the fish were furnished, and the cost of the stock fish;
(5) all streams, lakes, or ponds stocked and the number and kinds of fish stocked in each; and
(6) all collections and disbursements of the department. (b) The department shall keep an account with each person, firm, or corporation holding certificates for the location of private oyster beds, showing the amounts received as rents.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.004. LIST OF FEES AND FINES. (a) Repealed by Acts 1997, 75th Leg., ch. 1256, § 130, eff. Sept. 1, 1997.
(b) The department shall file at the end of each calendar month a written report with the comptroller showing fines, licenses, and other fees collected, their disposition, and any other necessary information.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1997, 75th Leg., ch. 1256, § 130, eff. Sept. 1, 1997.
§ 12.005. FUNDS IN LIEU OF TAXES. (a) The department shall expend funds to counties and school districts for assessments in lieu of property taxes on wildlife management areas purchased from federal funds or grants authorized by the Pittman-Robertson Act or Dingell-Johnson Act.
(b) No general revenue funds may be expended in lieu of taxes for wildlife management areas; however, special funds may be expended for this purpose provided reimbursement or matching from the federal government is available at a federal ratio of two to one or better.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.006. PUBLICATIONS ON WILDLIFE VALUES AND MANAGEMENT. (a) The department may provide or sell information, including books, magazines, photographs, prints, and bulletins, to the public about wildlife values and management.
(b) The department may receive royalties on department-owned materials that are sold or supplied to others by the department for publication.
(c) The department may enter into contractual agreements for publication of information concerning wildlife values and management.
(d) Money received under this section shall be deposited in the State Treasury to the credit of the fund or account from which expenses for the publication were paid.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 24, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 9, eff. Sept. 1, 1993.
§ 12.008. LEASING OF GRAZING OR FARMING RIGHTS: SALE OF PRODUCTS. (a) The department may lease grazing or farming rights on any land acquired by, and for the use of, the department as game preserves, game sanctuaries, and game management areas. The department may harvest and sell, or sell in place, any timber, hay, or other product grown on land of the department when the product is found to be in excess of wildlife management needs.
(b) The department may agree to accept consideration in lieu of money as part or full payment for a sale or lease under this section. The consideration in lieu of money must be materials, supplies, or services that are needed for wildlife management projects on any game management area administered by the department. The materials, supplies, or services accepted in lieu of money may be assigned a value no greater than that which the department would have been authorized to pay for them in a bona fide purchase.
(c) The State Purchasing and General Services Commission shall execute any sale of products under this section under the general law governing the sale of state property; however, the department shall determine the quantity of products to be offered for sale and the consideration in lieu of money to be received under the sale. The department may lease grazing or farming rights under this section. In leasing the rights, the department must follow a competitive bidding procedure.
(d) All money derived from a sale or lease under this section shall be deposited in the state treasury to the credit of the game, fish, and water safety account.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 3, § 1, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 2885, ch. 491, § 1, eff. Aug. 29, 1983; Acts 1991, 72nd Leg., ch. 475, § 1, 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 679, § 10, eff. Sept. 1, 1993.
§ 12.010. NOXIOUS VEGETATION PROGRAM. The department may contract with a person not employed by the department or use the services of department personnel for the control of noxious vegetation in the water of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1997, 75th Leg., ch. 1256, § 8, eff. Sept. 1, 1997.
§ 12.011. TEACHING EQUIPMENT. On request of a state-supported institution of higher education engaged in teaching and research related to marine science and oceanography, the department may transfer to the institution fish nets, seines, motors, boats, and other marine equipment confiscated under the authority of the game and fish laws to be used in the teaching and research programs of the institution.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.013. POWER TO TAKE WILDLIFE. An employee of the department acting within the scope of the employee's authority may possess, take, transport, release, and manage any of the wildlife and fish in this state for investigation, propagation, distribution, education, disease diagnosis or prevention, or scientific purposes.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1997, 75th Leg., ch. 1256, § 9, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 992, § 2, eff. June 18, 2005.
§ 12.015. REGULATION OF FISH, SHELLFISH, AND AQUATIC PLANTS. The department shall regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state.SCL%9C
The department shall regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state.SCL%9C
§ 12.017. DAMAGING MARKERS. (a) No person may damage, deface, destroy, or remove, tie up a boat to, or in any way render inoperative or ineffective a marker, buoy, light or sound signal, radar reflector, or daymark or any part of these devices, including the attachment intended to hold the device in place.
(b) The fact that a device or part of a device specified in Subsection (a) of this section may have been established by the state in water adjacent to but outside the territorial water of the state is not a defense against a prosecution for damaging state property.
Added by Acts 1977, 65th Leg., p. 1126, ch. 421, § 2, eff. Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 2, eff. Sept. 1, 1985.
§ 12.018. ACCEPTANCE AND DISPOSITION OF GIFTS. (a) The department may accept a gift or donation from any person for the purpose of funding any program or function of the department relating to wildlife conservation.
(b) A gift or donation other than money accepted under this section may be auctioned off or used as a prize in conjunction with a fund-raising program or event. All proceeds of the auction or fund-raising program or event shall be used by the department for the purposes described by this section.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 25, eff. Sept. 1, 1985.
§ 12.019. PENALTIES. (a) Except as provided by Subsection (b) of this section, a person who violates Section 12.015, 12.017, or 12.504 of this code or a regulation adopted under Section 12.015 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) If it is shown at the trial of the defendant for a violation of Section 12.017 of this code that he has been convicted within five years before the trial date of a violation of that section, on conviction he shall be punished for a Class B Parks and Wildlife Code misdemeanor.
(c) A person who violates Section 12.505 of this code commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 3, eff. Sept. 1, 1985.
§ 12.021. ANNUAL ACCOUNTING REPORT. The director or his designee shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the department during the preceding year. The form of the annual report and the reporting time shall be that provided in the General Appropriations Act.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 26, eff. Sept. 1, 1985.
§ 12.024. WATER PERMIT RESPONSIBILITIES. (a) The Texas Department of Water Resources shall furnish to the department a copy of all permit applications to store, take, or divert water.
(b) The department shall make recommendations to the Texas Department of Water Resources to protect fish and wildlife resources, including permit conditions, mitigation, and schedules of flow or releases.
(c) The department shall be, on its request, a full party in any hearing on an application for a permit to store, take, or divert water.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 29, eff. Sept. 1, 1985.
§ 12.025. TECHNICAL GUIDANCE TO LANDOWNERS. (a) The department may provide technical guidance to landowners who request information concerning fish, wildlife, nongame, and habitat management.
(b) In setting priorities for the provision of money to a landowner under this section, the department shall consider:
(1) the inventory developed under Section 11.103; and (2) the priorities set under Section 11.105. (c) The department shall support landowner education programs and cooperate with appropriate state agencies.
(d) The department shall provide notice of Section 12.0251 to a private landowner who requests technical assistance before entering the property to collect and record information about animal or plant life.
(e) The commission by rule shall adopt policies, including written guidelines for a method for providing notice under Subsection (d) and for departmental entry onto privately owned land to collect information described by Section 12.0251(a). The policies and guidelines must identify the maximum information that the department may maintain under Section 12.0251.
(f) A review or update of a record or plan produced by the department under Section 12.0251 and maintained by the landowner or the landowner's agent may be requested by the landowner or the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 30, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 519, § 2, eff. Aug. 28, 1995; Acts 2001, 77th Leg., ch. 968, § 28, eff. Sept. 1, 2001.
§ 12.0251. DISCLOSURE OF INFORMATION COLLECTED DURING TECHNICAL GUIDANCE TO PRIVATE LANDOWNER. (a) Except as provided by this section, information is not subject to Chapter 552, Government Code, and may not be disclosed to any person, including a state or federal agency, if the information is collected by the department in response to a landowner request relating to the specific location, species identification, or quantity of any animal or plant life that is:
(1) protected by this code; and (2) located on private land that: (A) is subject to a wildlife management plan developed cooperatively with the department for private land; or
(B) is the subject of a recommendation report prepared by the department for the landowner.
(b) The commission or the department may disclose information described by this section only to the landowner unless:
(1) the landowner consents to full or specified partial disclosure of information; and
(2) the consent is in writing and is attached to the plan or recommendation report.
(c) The department may release game census, harvest, habitat, or program information only if the information is summarized in a manner that prevents the identification of an individual or specific parcel of land and the landowner.
(d) The department may prepare not more than one original record of the information collected by the department and incorporated into a wildlife management plan, and the record becomes the property of the landowner. The department may retain one copy of the record. The retained copy may not be disclosed except as provided by this section.
(e) Except as provided by this subsection, the department shall send a copy of the information retained by the department relating to a landowner's property to the landowner and destroy the department's record of the information if the protected information status assigned by this section is revoked. The department may retain a copy of the information if the landowner consents in writing.
(f) In this section, a reference to the department includes a reference to an agent of the department.
(g) This section does not apply to a parcel of land that is not privately owned.
Added by Acts 1995, 74th Leg., ch. 519, § 3, eff. Aug. 28, 1995. Amended by Acts 2001, 77th Leg., ch. 968, § 29, eff. Sept. 1, 2001.
§ 12.026. MULTIPLE USE OF LAND. A tract of land purchased primarily for a purpose authorized by this code may be used for any authorized function of the department if the commission determines that multiple use is the best utilization of the land's resources.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 31, eff. Sept. 1, 1985.
§ 12.027. ADOPTION OF EMERGENCY RULES. If the commission finds that there is an immediate danger to a species authorized to be regulated by the department, the commission may adopt emergency rules as provided by Chapter 2001, Government Code.
Added by Acts 1989, 71st Leg., ch. 924, § 1, eff. Aug. 28, 1989. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 1995.
SUBCHAPTER B. ENFORCEMENT POWERS
§ 12.101. DEFINITIONS. In this subchapter: (1) "Aircraft" means a device, including an airplane, ultralight airplane, or helicopter, that can be used for flight in the air.
(2) "Contraband" means: (A) an aircraft, vehicle, firearm, or other device used to commit a violation of Subchapter G, Chapter 43, of this code or a regulation of the commission adopted under that subchapter;
(B) a vessel that is not documented by the United States Coast Guard or registered as provided by Chapter 31 and that is used to commit an offense under Section 66.006 of this code; (C) equipment, including a vessel, seized as provided by Section 66.2011 of this code; or
(D) any aircraft or vessel used to commit a second or subsequent offense under Section 61.022, 62.003, 62.004, or 62.005.
(3) "Vessel" means watercraft, including an attached motor, that can be used for transportation on water.
Added by Acts 1995, 74th Leg., ch. 966, § 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 959, § 1, eff. Sept. 1, 1999.
§ 12.102. INSPECTION OF WILDLIFE RESOURCES. (a) In this section: (1) "Residence" means a person's principal or ordinary home or dwelling place.
(2) "Temporary residence" means a place where a person temporarily dwells or seeks shelter. The term does not include a hunting blind. The term does include a:
(A) hunting club or lodge; (B) clubhouse; (C) cabin; (D) tent; (E) manufactured home used as a hunting club or lodge; and (F) hotel room, motel room, or room in a boardinghouse used during a hunting trip.
(3) "Wildlife resource" means any animal, bird, reptile, amphibian, fish, or form of aquatic life or any part of an animal, bird, reptile, amphibian, fish, or form of aquatic life the hunting, catching, or possession of which is regulated by this code.
(b) Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department who observes a person engaged in an activity regulated by this code or under the jurisdiction of the commission or reasonably believes that a person is or has been engaged in an activity regulated by this code or under the jurisdiction of the commission may inspect:
(1) any license, permit, tag, or other document issued by the department and required by this code of a person hunting or catching wildlife resources;
(2) any device that may be used to hunt or catch a wildlife resource; (3) any wildlife resource in the person's possession; and (4) the contents of any container or receptacle that is commonly used to store or conceal a wildlife resource.
(c) Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department may inspect any wildlife resource that has been taken by a person and is in plain view of the game warden or other peace officer.
(d) Nothing in this section authorizes a game warden or other peace officer commissioned by the department to conduct a search otherwise authorized by this section:
(1) in a person's residence or temporary residence; or (2) on a publicly maintained road or way that is: (A) improved, designed, or ordinarily used for vehicular traffic; (B) open to the public; and (C) distinguishable from a shoulder, berm, or other area not intended for vehicular traffic.
Added by Acts 2003, 78th Leg., ch. 558, § 1, eff. Sept. 1, 2003.
§ 12.103. ENTERING LAND; USE OF INFORMATION OBTAINED BY ENTRY; CIVIL PENALTY. (a) To enforce the game and fish laws of the state and to conduct scientific investigations and research regarding wild game or fish, an authorized employee of the department may enter on any land or water where wild game or fish are known to range or stray. No action may be sustained against an employee of the department to prevent his entering on land or water when acting in his official capacity as described by this subsection.
(b) Except as provided by Subsection (d), the department may use information collected by an employee of the department on privately owned land only for the purposes of scientific investigations and research described in Subsection (a) and only if authorized in writing by the landowner or the landowner's agent. Unless the department first obtains the written consent of the landowner or the landowner's agent, the department may not:
(1) use other incidental information obtained on the land that does not pertain directly to the investigation or research authorized under Subsection (a); or
(2) enter or permit the entry of any information that does not pertain directly to the investigation or research authorized under Subsection (a), into a database:
(A) maintained by the department and available to a person other than a department employee;
(B) maintained by a natural heritage program administered by the department; or
(C) established and maintained by any other person. (c) Except as provided by Subsection (d), information collected under this section may only be reported or compiled in a manner that prevents the identification of an individual parcel or specific parcels of private property without the written consent of the landowner or the landowner's agent.
(d) The department may collect and enter data as necessary relating to the occurrence or harvest of natural resources in public land or water. The department may collect and report standardized annual wildlife survey information required by the Pitman-Robertson Wildlife Restoration Act (16 U.S.C. Section 669 et seq.).
(e) The department is liable to a private landowner for a civil penalty in the amount of $1,000 for a violation of this section involving information collected by an employee of the department on the landowner's property. A landowner may bring suit to collect the penalty in the county in which the land is located or the county in which the landowner resides.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1995, 74th Leg., ch. 521, § 1, eff. Sept. 1, 1995.
§ 12.104. RIGHT TO SEARCH AND INSPECT. (a) A game warden or other peace officer commissioned by the department may search a game bag, vehicle, vessel, or other receptacle if the game warden or peace officer has a reasonable, articulable suspicion that the game bag, vehicle, vessel, or receptacle contains a wildlife resource that has been unlawfully killed or taken.
(b) A game warden or other peace officer commissioned by the department may inspect a wildlife resource or a part or product of a wildlife resource that is discovered during a search under Subsection (a) of this section.
(c) In this section "wildlife resource" means an animal, bird, reptile, amphibian, fish, or other aquatic life the taking or possession of which is regulated in any manner by this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1991, 72nd Leg., ch. 261, § 1, eff. Aug. 26, 1991.
§ 12.105. SUITS. (a) The department may 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.
(b) The department may file a complaint and commence proceedings against an individual for violation of the laws relating to game, birds, and fish without the approval of the county attorney of the county in which the proceedings are brought. The department is not required to furnish security for costs for proceedings under this subsection.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.106. NOTICE TO APPEAR. (a) Any peace officer of this state or a political subdivision of this state or an authorized employee of the department who arrests a person for a violation of this code or a regulation of the commission adopted under this code may deliver to the alleged violator a written notice to appear before the justice court, county court, or another court having jurisdiction of the offense not later than 15 days after the date of the alleged violation.
(b) On signing the written notice to appear and thereby promising to appear as provided in the notice, the alleged violator shall be released.
(c) A person who fails to appear for a violation of this code or a regulation of the commission adopted under this code within the time specified in the written notice commits an offense that is a Class C Parks and Wildlife Code misdemeanor, and a warrant for the arrest of the alleged violator may be issued.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 4, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 338, § 1, eff. Sept. 1, 1993.
§ 12.107. REMISSION OF FINES. (a) A justice of the peace, clerk of any court, or any other officer of the state who receives a fine imposed by a court for a violation of this code or a regulation of the commission adopted under this code shall send the fine to the department within 10 days after the date of collection. A statement containing the docket number of the case, the name of the person fined, and the section of this code or the regulation violated must accompany the remission of the fine.
(b) The amount of the fine to be remitted to the department is 80 percent in county court or higher court cases and 85 percent in justice court cases.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 269, § 4, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 338, § 2, eff. Sept. 1, 1993.
§ 12.108. EXPENSES. In making an arrest, summoning a witness, and serving a process, the department is entitled to the same fee and mileage allowance as a sheriff. The fee is charged and collected in the same manner as sheriff's fees.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.109. CONFISCATION AND DISPOSITION OF AQUATIC PRODUCTS. (a) Except as provided by Subsection (c) or (f) of this section, when an enforcement officer of the department believes that a person has unlawful possession of any fish, oysters, shrimp, or other aquatic products as defined by Section 47.001(16) of this code, taken in violation of this code or a proclamation of the commission adopted under this code, he shall seize the aquatic products and all aquatic products aboard any vessel involved, or in any device used to catch or store aquatic products, whether in storage or on deck, and whether alive or dead, frozen or fresh, whole or processed to any extent. The officer shall sell the aquatic products and dispose of the proceeds as provided in Subsection (b) of this section.
(b) The confiscated aquatic products shall be sold to the highest of three bidders. The proceeds of the sale shall be deposited in the state treasury to the credit of suspense account No. 900 pending the outcome of the action taken against the person charged with illegal possession. The officer shall give to the person a receipt for all aquatic products seized upon the sale of the aquatic products. If bids cannot be obtained, the department, if practicable, shall donate the aquatic products to a charitable institution, hospital, or other person.
(c) If aquatic products are seized due only to a violation of a daily bag or possession limit, the officer shall allow the person in possession to retain a lawful quantity of the aquatic products, but only if the person gives written acknowledgement of retention of a lawful quantity to the officer on a form provided by the department. The officer shall sell the remainder of the aquatic products and dispose of the proceeds as provided by Subsection (b) of this section.
(d) Unless the person is found guilty, pleads guilty or nolo contendere, or is placed on deferred adjudication, all the proceeds shall be paid to the owner of the aquatic products.
(e) This section does not apply to fish, shrimp, or other aquatic products that are taken from an area declared by the Commissioner of Health to be a prohibited area.
(f) If an enforcement officer of the department determines that a person is in possession of oysters that were taken unlawfully, the officer may direct, if practical, that the oysters be returned to a public reef.
(g) The department and an enforcement officer of the department who acts under this section are not liable in any civil action for the seizure, sale, release, or donation of aquatic products or for the order to return oysters to a public reef.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1975, 64th Leg., p. 1214, ch. 456, § 13(k), eff. Sept. 1, 1975. Acts 1985, 69th Leg., ch. 433, § 7, eff. June 11, 1985; Acts 1987, 70th Leg., ch. 611, § 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 338, § 3, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 679, § 11, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 454, § 6, eff. Sept. 1, 1999.
§ 12.110. DISPOSITION OF CONFISCATED GAME. (a) Except as provided by Subsection (d), the department shall donate, whenever donation is reasonably practicable, any wild game animal, bird, fowl, game fish, or exotic animal that is unlawfully killed, taken, shipped, held in storage, possessed, or offered for sale in a public eating place to a charitable institution, hospital, or person or persons.
(b) The expense of any storage, care, feeding, cold storage, or processing that may be necessary for an unlawfully possessed game bird, fowl, animal, game fish, or exotic animal shall be assessed against the violator on the violator's conviction.
(c) The department and an enforcement officer of the department who acts under this section are not liable in any civil action for the seizure, sale, or donation of a game bird, other fowl, animal, game fish, or exotic animal.
(d) The department may sell confiscated live game described by Subsection (a) to the highest of three bidders. At the time of a sale under this subsection, the department shall provide the buyer a receipt for all game sold to the buyer. The department shall deposit the proceeds of the sale in the state treasury to the credit of suspense account 900 pending the outcome of any action against the person charged with an unlawful action described by Subsection (a). If that person is found guilty, pleads guilty or nolo contendere, or is placed on deferred adjudication, the department shall deposit the proceeds of the sale into the game, fish, and water safety account. If the person is found not guilty, the department shall pay the proceeds of the sale to the person.
(e) This section does not apply to the lawful possession or sale of an exotic animal.
(f) In this section, "exotic animal" has the meaning assigned by Section 62.015.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1977, 65th Leg., p. 33, ch. 16, § 1, eff. March 16, 1977; Acts 1993, 73rd Leg., ch. 338, § 4, eff. Sept. 1, 1993; Acts 2005, 79th Leg., ch. 992, § 3, eff. June 18, 2005.
§ 12.1101. SEIZURE AND DISPOSAL OF PELTS. (a) A game warden or authorized employee of the department may seize the pelt of any fur-bearing animal taken or possessed in violation of a provision of this code or a lawful regulation of the commission. If an alleged violator is charged with a violation of a provision of this code or of a regulation of the commission in connection with the pelt seized, the warden or employee shall hold the pelt as evidence. On conviction of the alleged violator or on his plea of nolo contendere, the pelts may be sold to the highest bidder after taking the minimum of three written bids by the department. If the alleged violator is not guilty of the offense or if the charge is dismissed the pelts shall be returned to their lawful owner.
(b) A game warden or authorized employee of the department acting under the authority of this section is immune from liability and from suit for the seizure of pelts.
(c) Repealed by Acts 1979, 66th Leg., p. 549, ch. 260, art. 1, § 6, eff. Sept. 1, 1979.
Added by Acts 1977, 65th Leg., p. 82, ch. 39, § 1, eff. March 30, 1977. Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 1, § 6, eff. Sept. 1, 1979.
§ 12.1105. SEIZURE AND DISPOSITION OF UNLAWFUL FISHING DEVICES. (a) When a game warden or other peace officer finds in or on the public water of the state a seine, net, trawl, trap, or other device that is in or on the water in violation of a provision of this code or in violation of a lawful regulation of the commission or is aboard a vessel in violation of a provision of this code or a lawful regulation of the commission, the warden or other peace officer shall seize without a warrant the seine, net, trawl, trap, or device. (b) When an alleged violator is charged with an offense in connection with the unlawful use or possession of the seine, net, trawl, trap, or device seized by the warden or other peace officer, the warden or other peace officer shall hold the seine, net, trawl, trap, or device as evidence. Except as provided in Subsection (e) of this section, on a final conviction for the offense of the alleged violator, including a final judgment arising from a plea of nolo contendere, the warden or other peace officer shall destroy the seine, net, trawl, trap, or device. If the alleged violator is not guilty of the offense or if the charge is not prosecuted and dismissed, the seine, net, trawl, trap, or device shall be returned to the owner.
(c) If no person is charged with an offense in connection with the seizure of a seine, net, trawl, trap, or other device under this section, and no person is found in possession of the seine, net, trawl, trap, or device, the warden or other peace officer shall give notice of the seizure to the county judge or a judge of a county court at law or justice court of the county where the seizure occurred. The notice must include a description of the items seized and the location of the seizure. The court shall then direct the sheriff or a constable to post a copy of the notice in the county courthouse for not less than 10 days. At the expiration of 10 days, the court shall hold a hearing to determine if the seine, net, trawl, trap, or device was used or possessed in violation of a provision of this code or of a lawful regulation of the commission. Except as provided in Subsection (e) of this section, if the use or possession was unlawful, the warden or other peace officer shall destroy the seine, net, trawl, trap, or device.
(d) A game warden or other peace officer who seizes items under this section is immune from liability and from suit for a seizure or destruction of a net as authorized by this section.
(e) The Parks and Wildlife Department, when requested by authorized representatives of units of The University of Texas System, The Texas A&M University System, and the Texas State University System engaged in teaching and research related to marine science and oceanography, may transfer to such units of said universities and university systems nets, seines, and other marine equipment, which have been seized under this section, to be used in carrying out the teaching and research programs within said institutions.
Added by Acts 1977, 65th Leg., p. 381, ch. 190, § 3, eff. May 20, 1977. Amended by Acts 1991, 72nd Leg., ch. 781, § 1, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 1061, § 10, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 227, § 7, eff. May 23, 1997; Acts 1999, 76th Leg., ch. 851, § 1, eff. Sept. 1, 1999.
§ 12.1106. SEIZURE AND DISPOSITION OF CONTRABAND; IMMUNITY. (a) A game warden or other peace officer who has probable cause to believe property is contraband may seize the property without a warrant.
(b) The warden or officer shall give notice of the seizure, including a description of the seized property and the location and date of seizure, to the county judge or a judge of a county court at law, justice court, or district court of the county where the seizure occurred:
(1) when a person pleads guilty or nolo contendere to, is convicted of, or is placed on deferred adjudication for:
(A) an offense under Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of this code; or
(B) a second or subsequent offense under Section 61.022, 62.003, 62.004, or 62.005 of this code; or
(2) if no person is arrested for an offense immediately after the warden or officer seizes the property.
(c) The court shall direct the sheriff or a constable to post a copy of the notice in the county courthouse for not less than 10 days. At the expiration of 10 days, the court shall hold a hearing to determine if the seized property is contraband.
(d) The court shall order the seized property: (1) forfeited to the department if the court determines by a preponderance of the evidence that:
(A) the seized property is contraband and a person pleaded guilty or nolo contendere to, was convicted of, or was placed on deferred adjudication for:
(i) an offense under Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of this code; or
(ii) a second or subsequent offense under Section 61.022, 62.003, 62.004, or 62.005 of this code; or
(B) the seized property is contraband and no person was arrested for an offense immediately after the warden or officer seized the property; or
(2) released to the owner if: (A) the person charged with an offense under Section 66.006, Section 66.2011, or Subchapter G, Chapter 43, of this code or a second or subsequent offense under Section 61.022, 62.003, 62.004, or 62.005 of this code is acquitted or the charge is dismissed; or
(B) the court determines that the seized property is not contraband. (e) If the department receives a forfeiture order from a court as authorized by this section, the department may:
(1) use the seized property in its normal operations; (2) sell or transfer the property; or (3) destroy the property. (f) A warden or officer who seizes property under this section is immune from liability and from suit for a seizure and disposition of property as authorized by this section.
(g) The commission may adopt rules to implement this section. (h) The department shall deposit money received under this section in the state treasury to the credit of the game, fish, and water safety account.
Added by Acts 1991, 72nd Leg., ch. 808, § 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 679, § 12, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 966, § 2, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 851, § 2, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 959, § 2, eff. Sept. 1, 1999.
§ 12.113. COASTAL SURVEY CHARTS ADMISSIBLE. In any prosecution under this code, United States Coastal Survey Charts are admissible.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 12.114. DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE REQUIRED. (a) A person who is 17 years of age or older and who has a license or permit issued under this code or who is engaging in an activity that requires a license or permit shall have a driver's license or personal identification certificate in the person's immediate possession.
(b) If the person is a resident as defined by Subdivision (1) of Section 42.001 of this code, "driver's license" and "personal identification certificate" have the meanings assigned by Chapter 521, Transportation Code.
(c) If the person is a nonresident as defined by Section 42.001, "driver's license" and "personal identification certificate" mean those documents that are similar to those defined in Subsection (b) and that are issued by the agency in the state or country of which the person is a resident that is authorized to issue driver's licenses or personal identification certificates.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 32, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 165, § 30.232, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1256, § 10, eff. Sept. 1, 1997.
§ 12.115. OFFENSE. (a) A person who is arrested for an alleged violation of this code or a proclamation or regulation adopted under this code commits an offense if the person:
(1) does not have in his immediate possession a driver's license or personal identification certificate required by Section 12.114 of this code; or
(2) fails or refuses to display the driver's license or personal identification certificate required by Section 12.114 of this code when requested to do so by any peace officer, game warden, magistrate, or officer of a court of competent jurisdiction.
(b) An offense under this section is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 32, eff. Sept. 1, 1985.
§ 12.116. JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING CERTAIN CONVICTIONS. (a) If a person is convicted in justice court for violating a provision of this code or a proclamation or regulation adopted under this code that provides enhanced penalties for subsequent convictions, the court on request shall submit to the department an affidavit certifying the conviction. The affidavit must include the driver's license number or personal identification certificate number obtained from the violator.
(b) The affidavit certifying the conviction, if admissible under the Texas Rules of Evidence, is available in subsequent prosecutions of that person for violations of the section, proclamation, or regulation under which the prior conviction was obtained.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 32, eff. Sept. 1, 1985.
§ 12.117. JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING CERTAIN CONVICTIONS AND OTHER INFORMATION. (a) If a person is convicted in a justice court for violating a provision of this code or a proclamation or regulation adopted under this code that provides enhanced penalties for subsequent convictions, the court on request shall submit to the department an affidavit certifying the conviction. Along with such affidavit the court shall also compile and send to the department the defendant's driver's license number and copies of any photograph, picture, description, or measurement of the defendant made by any law enforcement agency in connection with the offense.
(b) A certified copy of such affidavit and documents pursuant to Subsection (a) of this section is admissible as evidence in a criminal proceeding to prove that a particular person was convicted of the offense to which the documents pertain if the court finds that 15 days before trial, the party against whom the evidence is offered was provided a copy of the document offered as evidence.
Added by Acts 1985, 69th Leg., ch. 827, § 10, eff. Aug. 26, 1985. Amended by Acts 1987, 70th Leg., ch. 218, § 1, eff. Sept. 1, 1987.
§ 12.119. VIOLATION OF COMMISSION RULE ON POSSESSION OF LICENSE; PENALTY. (a) A person commits an offense if the person violates a rule adopted by the commission relating to possessing a license or stamp otherwise required by this code for hunting wildlife resources or for catching aquatic life.
(b) An offense under this section is a Class C Parks and Wildlife misdemeanor.
Added by Acts 1995, 74th Leg., ch. 931, § 2, eff. June 16, 1995.
SUBCHAPTER C. OPERATION GAME THIEF
§ 12.201. CREATION OF FUND. The department may accept and deposit in a special fund outside the state treasury, called the operation game thief fund, donations from any person made for purposes of this subchapter. Funds deposited in the operation game thief fund may be used only for the maintenance of that fund, promotion of the operation game thief program through advertisement and marketing, the development, acquisition, and implementation of technological advancements to facilitate the apprehension and prosecution of persons who violate laws of this state intended to protect the state's natural or cultural resources or the public safety of persons using those natural or cultural resources, and payment of rewards and death benefits authorized by this subchapter. The Operation Game Thief Committee shall adopt rules for the implementation of the operation game thief program and maintenance of the operation game thief fund.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, § 1, eff. Aug. 31, 1981. Amended by Acts 1987, 70th Leg., ch. 245, § 1, eff. May 28, 1987; Acts 1995, 74th Leg., ch. 244, § 1, eff. Sept. 1, 1995; Acts 2005, 79th Leg., ch. 215, § 1, eff. Sept. 1, 2005.
§ 12.202. OPERATION GAME THIEF COMMITTEE. (a) The director shall appoint an Operation Game Thief Committee composed of 11 members to administer the operation game thief fund and to make reward payments and death benefit payments from that fund. The director shall appoint persons who are not employees of the department and who have a demonstrated interest in game and fish conservation. The director may consider the recommendations or nominations of any club or association. The director shall designate one of the members as chairman of the committee. The director shall appoint a former committee member to serve as chairman emeritus. The chairman emeritus has the same rights and duties as any other committee member. The director or an employee designated by the director for that purpose shall serve as secretary to the committee. A member of the committee serves without compensation.
(b) Each member of the committee, including the chairman emeritus, serves a term of six years. The terms of approximately one-third of the members, including the chairman emeritus, expire on January 31 of each odd-numbered year. The director may reappoint members.
(c) The committee shall meet at least one time each calendar year at the department's office in Austin or at a location designated by the chairman of the committee. Four committee members must be present for approval of disbursement of rewards to eligible applicants and death benefit payments to eligible recipients. Except as provided by Subsection (d), if the vote for approval of disbursements of rewards or death benefits results in a tie vote, no action may be taken until the next meeting of the committee.
(d) Repealed by Acts 2003, 78th Leg., ch. 1170, § 29.02.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, § 1, eff. Aug. 31, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 33, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 245, § 2, eff. May 28, 1987; Acts 1991, 72nd Leg., ch. 431, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 631, § 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 244, § 2, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1170, § 29.01, 29.02, eff. Sept. 1, 2003.
§ 12.203. REWARDS; CLAIMS. (a) A person may apply to the committee for a reward to be paid from the operation game thief fund if the person furnishes information leading to the arrest and conviction of a person for a violation of this code or any of the following laws or a regulation adopted under this code or any of the following laws:
(1) Subchapter B, Chapter 365, Health and Safety Code; (2) Subchapter E, Chapter 191, Natural Resources Code; (3) Chapter 28 or Section 30.05, 31.03, 31.11, 37.10, 49.06, 49.07, or 49.08, Penal Code;
(4) Chapter 160, Tax Code; or (5) Subchapter E, Chapter 7, or Subchapter D, Chapter 26, Water Code. (b) The committee may consider claims made at any time before its meeting, but consideration is limited to claims that relate to final convictions.
(c) The committee shall prescribe and furnish the forms on which claims are to be made, including any documentation to be furnished to substantiate the claim.
(d) Repealed by Acts 2005, 79th Leg., ch. 215, § 3.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, § 1, eff. Aug. 31, 1981. Amended by Acts 1987, 70th Leg., ch. 245, § 3, eff. May 28, 1987; Acts 2005, 79th Leg., ch. 215, § 2, 3, eff. Sept. 1, 2005.
§ 12.204. REWARDS; PAYMENTS. No amount in excess of that on deposit in the operation game thief fund is payable as a reward under this section or as a death benefit payment under Section 12.206 of this code. No reward may be granted to a person, or an immediate family member of a person, who is a peace officer, deputy game warden, prosecutor, employee of the department, or member of the judiciary.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, § 1, eff. Aug. 31, 1981. Amended by Acts 1983, 68th Leg., p. 123, ch. 29, § 4, eff. April 19, 1983; Acts 1987, 70th Leg., ch. 245, § 4, eff. May 28, 1987; Acts 1993, 73rd Leg., ch. 631, § 2, eff. Sept. 1, 1993.
§ 12.205. POWERS OF THE DEPARTMENT. The department may: (1) provide a toll-free telephone number for use of the public in reporting violations of the game and fish laws to an office of the department that has employees on duty 24 hours a day; and
(2) establish procedures for voluntary donations to the operation game thief fund to be collected and sent to the department.
Added by Acts 1981, 67th Leg., p. 3316, ch. 868, § 1, eff. Aug. 31, 1981.
§ 12.206. PAYMENT OF DEATH BENEFITS. The committee may use the operation game thief fund to supplement any death benefits received by the families of peace officers employed by the department who are killed in the line of duty. The committee shall adopt guidelines for the payment of death benefits under this section.
Added by Acts 1993, 73rd Leg., ch. 631, § 3, eff. Sept. 1, 1993.
SUBCHAPTER D. RECOVERY BY THE STATE FOR VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN, BIRD, OR ANIMAL
§ 12.301. LIABILITY FOR VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN, BIRD, OR ANIMAL. A person who kills, catches, takes, possesses, or injures any fish, shellfish, reptile, amphibian, bird, or animal in violation of this code or a proclamation or regulation adopted under this code is liable to the state for the value of each fish, shellfish, reptile, amphibian, bird, or animal unlawfully killed, caught, taken, possessed, or injured.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept. 1, 1985.
§ 12.302. VALUE OF FISH, SHELLFISH, REPTILE, AMPHIBIAN, BIRD, OR ANIMAL. For purposes of this subchapter and for determining damages under Subsection (b), Section 26.124, Water Code, the commission shall adopt rules to establish guidelines for determining the value of injured or destroyed fish, shellfish, reptiles, amphibians, birds, and animals.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept. 1, 1985.
§ 12.303. CIVIL SUIT FOR RECOVERY OF VALUE. (a) The attorney general or the county attorney of the county in which the violation occurred may bring a civil suit under this subchapter in the name of the state to recover the value of each fish, shellfish, reptile, amphibian, bird, or animal unlawfully killed, caught, taken, possessed, or injured.
(b) A suit under this section shall be brought in the county in which the violation occurred, except that the attorney general may bring suit in Travis County.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 73, § 1, eff. Sept. 1, 1989.
§ 12.304. MORE THAN ONE DEFENDANT. If more than one defendant is named in a suit brought under this subchapter, each defendant against whom judgment is rendered is jointly and severally liable for the recovery provided by this subchapter.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept. 1, 1985.
§ 12.305. RECOVERY OF VALUE IN ADDITION TO FINE. The recovery amount provided by this subchapter is in addition to any fine, forfeiture, penalty, or costs imposed under another law.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 193, § 1, eff. Sept. 1, 1987.
§ 12.306. BOTH CIVIL SUIT AND CRIMINAL PROSECUTION PERMISSIBLE. The pendency or determination of a suit brought under this subchapter or the pendency or determination of a criminal prosecution for the same killing, catching, taking, possession, or injury does not bar the other action.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept. 1, 1985.
§ 12.307. DISPOSITION OF RECOVERY. (a) Any damages for injury to fish, shellfish, reptiles, amphibians, birds, or animals recovered in a suit brought by the attorney general shall be deposited to the credit of the game, fish, and water safety account.
(b) Fifty percent of any damages for injury to fish, shellfish, reptiles, amphibians, birds, or animals recovered in a suit brought by a county attorney shall be deposited in the general fund of the county. The remainder shall be deposited to the credit of the game, fish, and water safety account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 34, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 73, § 2, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 679, § 13, eff. Sept. 1, 1993.
§ 12.308. CERTAIN COSTS RECOVERABLE. (a) The actual cost of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred by the department in a civil suit under this subchapter may be recovered in addition to damages for the value of any fish, shellfish, reptile, amphibian, bird, or animal unlawfully killed, caught, taken, possessed, or injured.
(b) Any amounts recovered under this section shall be credited to the same operating accounts from which the expenditures occurred.
Added by Acts 2005, 79th Leg., ch. 992, § 4, eff. June 18, 2005.
SUBCHAPTER E. PUNISHMENTS
§ 12.401. APPLICATION. A person adjudged guilty of an offense under this code or a proclamation or regulation adopted under this code shall be punished in accordance with this subchapter and the Code of Criminal Procedure, 1965.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1, 1985.
§ 12.402. CIVIL PENALTY. This subchapter does not deprive a court of authority conferred by law to forfeit property, suspend or cancel a license or permit, cite for contempt, or impose any other civil penalty. The civil penalty may be included in the sentence.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1, 1985.
§ 12.403. CLASSIFICATION OF OFFENSES. (a) Offenses are designated as Parks and Wildlife Code misdemeanors or Parks and Wildlife Code felonies.
(b) Misdemeanors are classified according to the relative seriousness of the offense into three categories:
(1) Class A Parks and Wildlife Code misdemeanors; (2) Class B Parks and Wildlife Code misdemeanors; and (3) Class C Parks and Wildlife Code misdemeanors. (c) Section 12.41, Penal Code, does not apply to classifications of offenses under this code.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1, 1985.
§ 12.404. CLASS A PARKS AND WILDLIFE CODE MISDEMEANOR. An individual adjudged guilty of a Class A Parks and Wildlife Code misdemeanor shall be punished by:
(1) a fine of not less than $500 nor more than $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and imprisonment.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 11, eff. Sept. 1, 1997.
§ 12.405. CLASS B PARKS AND WILDLIFE CODE MISDEMEANOR. An individual adjudged guilty of a Class B Parks and Wildlife Code misdemeanor shall be punished by:
(1) a fine of not less than $200 nor more than $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both such fine and imprisonment.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 12, eff. Sept. 1, 1997.
§ 12.406. CLASS C PARKS AND WILDLIFE CODE MISDEMEANOR. An individual adjudged guilty of a Class C Parks and Wildlife Code misdemeanor shall be punished by a fine of not less than $25 nor more than $500.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 535, § 1, eff. Sept. 1, 1987.
§ 12.4061. PARKS AND WILDLIFE CODE STATE JAIL FELONY. (a) An individual adjudged guilty of a Parks and Wildlife Code state jail felony shall be punished by confinement in a state jail for a term of not more than two years or less than 180 days.
(b) In addition to confinement, an individual adjudged guilty of a Parks and Wildlife Code state jail felony may be punished by a fine of not less than $1,500 and not more than $10,000.
Added by Acts 1999, 76th Leg., ch. 959, § 3, eff. Sept. 1, 1999.
§ 12.407. PARKS AND WILDLIFE CODE FELONY. (a) An individual adjudged guilty of a Parks and Wildlife Code felony shall be punished by confinement in the institutional division of the Texas Department of Criminal Justice for any term of not more than 10 years or less than two years.
(b) In addition to imprisonment, an individual adjudged guilty of a Parks and Wildlife Code felony may be punished by a fine of not less than $2,000 nor more than $10,000.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 13, eff. Sept. 1, 1997.
§ 12.408. SUBSEQUENT CONVICTIONS. The use of a conviction for enhancement purposes does not preclude the subsequent use of a conviction for enhancement purposes.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1, 1985.
§ 12.409. SEPARATE OFFENSES. Each fish, bird, animal, reptile, amphibian, or egg or part of a fish, bird, animal, reptile, amphibian, or egg taken, possessed, killed, left to die, imported, exported, offered for sale, sold, purchased, attempted to be purchased, or retained in violation of any provision of this code or a proclamation or regulation adopted under this code constitutes a separate offense.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 14, eff. Sept. 1, 1997; Acts 2005, 79th Leg., ch. 992, § 5, eff. June 18, 2005.
§ 12.410. AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND ASSOCIATIONS. (a) If a corporation or association is adjudged guilty of an offense under this code that provides a penalty consisting of a fine only, a court may sentence the corporation or association to pay a fine in an amount fixed by the court, not to exceed the fine provided by the offense.
(b) If a corporation or association is adjudged guilty of an offense that provides a penalty including imprisonment or that provides no specific penalty, a court may sentence the corporation or association to pay a fine in an amount fixed by the court, not to exceed:
(1) $20,000 if the offense is a Parks and Wildlife Code felony; or (2) $10,000 if the offense is a Class A or Class B Parks and Wildlife Code misdemeanor.
(c) In lieu of the fines authorized by Subsections (a) and (b) of this section, if a court finds that the corporation or association gained money or property or caused personal injury, property damage, or other loss through the commission of a Parks and Wildlife Code felony or Class A or Class B Parks and Wildlife Code misdemeanor, the court may sentence the corporation or association to pay a fine in an amount fixed by the court, not to exceed double the amount gained or caused by the corporation to be lost, whichever is greater.
(d) In addition to any sentence that may be imposed by this section, a corporation that has been adjudged guilty of an offense may be ordered by the court to give notice of the conviction to any person the court deems appropriate.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 1, eff. Sept. 1, 1985.
§ 12.411. JURISDICTION OF JUSTICE COURT. In addition to the jurisdiction provided by the constitution and other law, a justice court has jurisdiction of Class C Parks and Wildlife Code misdemeanors.
Added by Acts 1987, 70th Leg., ch. 535, § 2, eff. Sept. 1, 1987.
SUBCHAPTER F. REVOCATION OR SUSPENSION OF LICENSES OR PERMITS
§ 12.501. REVOCATION OR SUSPENSION OF LICENSE OR PERMIT. (a) In this subchapter, "permittee" or "licensee" includes each member of a partnership or association, an agent acting on behalf of a partnership or association, each officer of a corporation, and the owner of a majority of a corporation's corporate stock.
(b) The director may suspend or revoke an original or renewal permit or license issued under this code if it is found, after notice and hearing, that:
(1) the permittee or licensee has been finally convicted of a violation of this code or proclamation or regulation adopted under this code relating to the permit or license to be suspended or revoked;
(2) the permittee or licensee violated a provision of this code or proclamation or regulation adopted under this code relating to the permit or license to be suspended or revoked;
(3) the permittee or licensee made a false or misleading statement in connection with his original or renewal application, either in the formal application itself or in any other written instrument relating to the application submitted to the commission or its officers or employees;
(4) the permittee or licensee is indebted to the state for taxes, fees, or payment of penalties imposed by this code or by a commission rule relating to a permit or license to be suspended or revoked; or
(5) the permittee or licensee is liable to the state under Section 12.301.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 454, § 1, eff. Sept. 1, 1999.
§ 12.5015. AUTOMATIC REVOCATION OF HUNTING OR FISHING LICENSE OR PERMIT. (a) Except as provided by this section, any hunting or fishing license or permit issued by the department to a person is automatically revoked on final conviction of the person of an offense under Section 61.022, 62.003, 62.004, 62.005, 62.0065, 62.011, 66.004(a), or 66.004(c) or a violation of a rule adopted under Section 62.0065.
(b) If the holder of a lifetime license is finally convicted of an offense under Section 61.022, 62.003, 62.004, 62.005, 62.0065, 62.011(c), 66.004(a), or 66.004(c), or a violation of a rule adopted under Section 62.0065, the person's lifetime license is automatically suspended. The suspension is for a period set by the court of not less than one year or more than five years. If the court does not set a period, the suspension is for one year from the date the conviction becomes final.
(c) On conviction of a person for an offense under Section 61.022, 62.003, 62.004, 62.005, 62.0065, 62.011(c), 66.004(a), or 66.004(c), or a violation of a rule adopted under Section 62.0065, the court shall set a period of not less than one year and not more than five years during which the department may not issue that person a license, tag, or stamp under Chapter 42, 46, or 50. If the court does not set a period, the department may not issue that person a license, tag, or stamp under Chapter 42, 46, or 50 before the first anniversary of the date the conviction becomes final.
(d) A person who has a license or permit revoked or suspended under this section shall surrender the revoked or suspended license or permit to the court. The court shall send the department the revoked or suspended license or permit and a copy of the judgment of conviction.
(e) For purposes of this section, "final conviction" includes a plea of guilty or nolo contendere to or the imposition of deferred adjudication for an offense.
Added by Acts 1997, 75th Leg., ch. 1090, § 2, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 959, § 4, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 989, § 5, eff. Sept. 1, 2005.
§ 12.502. NOTICE; HEARING. The department must give the licensee or permittee an opportunity for a hearing concerning the suspension or revocation of the license or permit. Notice of the hearing must be given and the hearing held as provided by Sections 2001.052 and 2001.054, Government Code.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(70), eff. Sept. 1, 1995.
§ 12.503. NOTICE OF SUSPENSION OR REVOCATION. (a) After notice and hearing as provided by Section 12.502 of this code, the department shall notify the licensee or permittee of the suspension or revocation of the license or permit.
(b) The notice under this section must be given personally or by registered or certified mail.
(c) The suspension or revocation takes effect when the notice under this section is given or delivered.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept. 1, 1985.
§ 12.504. TIME OF SUSPENSION OR REVOCATION. (a) A license or permit may be suspended under this subchapter for a period set by the director. The period of suspension ends on the expiration of the time set by the director or the expiration of the license or permit, whichever occurs first.
(b) The holder of a license or permit that has been suspended may not apply for another license or permit of the same kind during the period of suspension.
(c) The holder of a license or permit that has been revoked may not apply for another license or permit of the same kind for one year from the date the revocation takes effect.
(d) A person who applies for a license or permit in violation of Subsection (b) or (c) of this section commits an offense.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 959, § 5, eff. Sept. 1, 1999.
§ 12.505. VIOLATION OF SUSPENSION, REFUSAL, OR REVOCATION. A person who engages in an activity requiring a permit or license during the time for which such license or permit has been suspended, refused, or revoked commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 15, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 454, § 5, eff. Sept. 1, 1999.
§ 12.506. APPEAL FROM SUSPENSION, REFUSAL, OR REVOCATION OF LICENSE OR PERMIT. (a) An appeal from an order of the department refusing to issue or transfer a license or permit or revoking or suspending a license or permit may be taken to a district court of Travis County.
(b) The appeal shall be under the substantial evidence rule and against the department alone as defendant.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 454, § 2, 3, eff. Sept. 1, 1999.
§ 12.507. ALTERNATIVES TO SUSPENSION. (a) In lieu of suspending a license or permit under this subchapter, the department may give the licensee or permittee the opportunity to pay a civil penalty.
(b) The department shall determine the amount of the penalty and in doing so shall consider:
(1) the economic impact a suspension would have on the licensee or permittee engaging in a commercial activity under the license or permit; or
(2) the amount reasonably necessary to deter further violations. (c) The amount of the civil penalty may not be less than $150 for each day the license or permit was to have been suspended.
(d) If the licensee or permittee does not pay the penalty before the sixth day after the date on which the department notifies him of the amount, he loses the opportunity to pay it and the department may impose the suspension.
(e) Civil penalties received by the department under this section shall be deposited to the credit of the game, fish, and water safety account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 36, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 679, § 14, eff. Sept. 1, 1993.
§ 12.508. REFUSAL OF LICENSE OR PERMIT. (a) In this section: (1) "Notice" includes a certified letter sent from the department by the United States Postal Service to the applicant at the last address supplied to the department by the applicant or verbal notice to the applicant by a representative of the department.
(2) "Finally convicted" includes a final judgment of guilt, deferred adjudication, a plea of nolo contendere, or a plea of guilty.
(b) The department may refuse to issue or transfer an original or renewal license, permit, or tag if the applicant or transferee:
(1) has been finally convicted of a violation under this code or a rule adopted or a proclamation issued under this code;
(2) is liable to the state under Section 12.301; and (3) has failed to fully pay the amount due under Section 12.301 after the department has issued notice of liability to the applicant or transferee.
(c) The contested case provisions of the Administrative Procedure Act (Sections 2001.051-2001.178, Government Code) do not apply to the refusal to issue, transfer, or renew a license, permit, or tag under this section.
(d) Expired.
Added by Acts 1999, 76th Leg., ch. 454, § 4, eff. Sept. 1, 1999.
SUBCHAPTER H. LICENSE DEPUTIES
§ 12.701. ISSUANCE OF LICENSE, STAMP, PERMIT, OR TAG BY LICENSE DEPUTIES. The department may authorize the issuance of a license, stamp, permit, or tag by a license deputy.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
§ 12.702. LICENSE DEPUTIES; FEES. (a) An employee of the department, a county clerk, or another person designated or contracted with by the department to issue and collect money received for a license, stamp, permit, tag, or other similar item is a license deputy and may issue and collect money for a license, stamp, permit, tag, or other similar item issued under this code, including a special issue stamp or decal.
(b) The commission by rule may set collection and issuance fees for a license, stamp, tag, permit, or other similar item issued under any chapter of this code. The commission shall not set any collection or issuance fees for license deputies at amounts less than the amounts in effect on June 1, 1995. If a collection or issuance fee or other similar fee set by another section of this code conflicts with this section, the collection or issuance fee set under the authority of this section prevails.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
§ 12.703. POINT-OF-SALE SYSTEM. (a) The department may issue a license, stamp, tag, permit, or another similar item authorized by this code through the use of automated equipment and a point-of-sale system.
(b) The department may designate an entity to install the system for the issuance of licenses, stamps, permits, tags, or other similar items. A designated entity may collect revenue for the department from license deputies.
(c) The commission by rule may set the amount of compensation for a point-of-sale entity. The compensation may include an amount to be retained by the entity from the fee collected for each item issued by the entity. The rules must specify standards for the licenses, including the legibility of the license.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995. Amended by Acts 2001, 77th Leg., ch. 968, § 30, eff. Sept. 1, 2001.
§ 12.704. DUTIES OF LICENSE DEPUTIES. A license deputy shall: (1) complete and keep for the use of the department a designated copy or other record of the sale of each license, stamp, permit, or tag issued;
(2) keep a record of each license, stamp, permit, or tag issued, showing: (A) the identification of the purchaser; (B) the serial number of the item sold; (C) the date of issuance; and (D) any other information required by the department; and (3) perform any other function required by the license deputy's agreement with the department.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
§ 12.705. LICENSE, STAMP, PERMIT, AND TAG SALES REPORTS. (a) After the end of each calendar month or at any other time designated by the department, a license deputy shall send to the department a report on a form and in the manner prescribed by the department.
(b) A license deputy shall furnish any other information or material required by the license deputy's agreement with the department.
(c) The commission by rule may establish reasonable penalties for delinquent payments or reports from license deputies and may establish payment discounts for timely payments or reports from license deputies.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
§ 12.706. UNISSUED ITEMS. A license deputy shall return to the department, at the department's request, unissued licenses, stamps, permits, tags, or any other materials or equipment furnished to the license deputy by the department.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
§ 12.707. ISSUANCE OR ACCEPTANCE OF LICENSE, STAMP, PERMIT, OR TAG. No person may issue or accept a license, stamp, permit, or tag required by this code except on a form provided by the department.
Added by Acts 1995, 74th Leg., ch. 931, § 3, eff. June 16, 1995.
§ 12.708. LIABILITY OF LICENSE DEPUTY FOR SALES. (a) This section applies to the sale of a license, stamp, permit, or tag generated by a license deputy or by an employee or agent of a license deputy.
(b) A license deputy holds in trust for the benefit of the state money that the license deputy receives from the sale of a license, stamp, permit, or tag, minus the amount of the authorized sales commission, until that money is transferred to the state treasury for credit to the appropriate department account. The license deputy is liable to the department for the full amount of money held in trust. If the license deputy is not an individual, each officer, director, or owner of the license deputy is personally liable to the department for the full amount of money held in trust.
Added by Acts 2005, 79th Leg., ch. 822, § 1, eff. June 17, 2005. § 13.001. CONTROL BY DEPARTMENT. (a) Except as otherwise provided by law, the following are under the department's control and custody:
(1) all recreational and natural areas designated as state parks; and (2) all historical sites acquired by the department. (b) The commission shall establish a classification system for state parks and wildlife management areas that categorizes wildlife management areas, parks, or a portion of parks as wildlife management areas, recreational areas, natural areas, or historical sites. The commission may not classify a historical site as a historical park.
(c) The commission shall adopt rules governing the acquisition and development of recreational areas, natural areas, or historical sites.
(d) The commission shall establish as a priority the acquisition of land necessary for parks that are established by this code and that comply with the classification system and rules adopted by the commission as required by this section.
(e) The commission shall have the exclusive authority to determine sound biological management practices for all lands under its control.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 37, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 217, § 1, eff. May 18, 1993; Acts 1997, 75th Leg., ch. 1256, § 16, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 968, § 31, eff. Sept. 1, 2001.
§ 13.002. DEVELOPMENT AND ACQUISITION OF OUTDOOR AREAS. The department may:
(1) develop, operate, and maintain outdoor areas and facilities of the state; and
(2) acquire land, water, and interests in land and water for outdoor recreation areas and facilities.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 2001, 77th Leg., ch. 968, § 32, eff. Sept. 1, 2001.
§ 13.003. GIFTS AND IMPROVEMENTS OF PARK SITES. The department may receive gifts of state park sites and may improve and equip parks sites or contract for their improvement and equipment.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.004. FINANCING OF PARK PROGRAMS. (a) Except as provided by Section 13.0045, the operation, maintenance, and improvement of state parks shall be financed from the general revenue fund, the state parks account, other accounts that may be authorized by law, and donations, grants, and gifts received by the department for these purposes.
(b) No donation, grant, or gift accruing to the state or received by the department for the purpose of operating, maintaining, improving, or developing state parks may be used for any purpose other than the operation, maintenance, or developing of state parks.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 679, § 15, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 902, § 2, eff. Sept. 1, 1997.
§ 13.0041. USE OF CERTAIN BOND REVENUE. The department shall, if practicable, apportion at least fifteen percent of any money received by the department from the proceeds of the sale of bonds issued under Section 50-f, Article III, Texas Constitution, to specific park maintenance or improvement projects for which matching private or local money for the specific state parks and wildlife projects has been made available to the department.
Added by Acts 2001, 77th Leg., ch. 968, § 33(a), eff. Nov. 6, 2001.
§ 13.0045. REVENUE BONDS FOR PARKS AND WILDLIFE FACILITIES. (a) The department, by resolution of the commission, may request the Texas Public Finance Authority to issue revenue bonds or other revenue obligations to finance the repair, renovation, improvement, and equipping of parks and wildlife facilities for an estimated project cost not to exceed $60 million.
(b) On receipt of the department's request, the authority shall promptly issue the bonds or other obligations under and in accordance with Chapter 1232, Government Code.
(c) The department shall deposit the proceeds of bonds issued under this section to the credit of the Texas parks and wildlife capital account and may use the proceeds only to finance the repair, renovation, improvement, and equipping of parks and wildlife facilities.
Added by Acts 1997, 75th Leg., ch. 902, § 3, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1420, § 8.362, eff. Sept. 1, 2001.
§ 13.005. ACQUISITION OF HISTORICAL SITES. (a) The department may acquire by purchase, gift, or other manner historical sites:
(1) where events occurred that represent an important aspect of the cultural, political, economic, military, or social history of the nation or state;
(2) significantly associated with the lives of outstanding historic persons or with an important event that represents a great ideal or idea;
(3) embodying the distinguishing characteristics of an architectural type which is inherently valuable for study of a period, style, or method of construction;
(4) that contributes significantly to the understanding of aboriginal man in the nation or state; or
(5) that is of significant geologic interest relating to prehistoric animal or plant life.
(b) The department shall restore and maintain each historical site acquired under this section for the benefit of the general public. The department may enter into interagency contracts for this purpose.
(c) The department shall formulate plans for the preservation and development of historical sites. Before formulating a plan for a specific site, the department shall conduct an archeological survey of the site. In formulating plans, the department shall:
(1) consider the results from the archeological survey for the site if the plan is for a specific site;
(2) consider the resources necessary to manage a site; and (3) meet with and consider comments made by the Texas Historical Commission.
(d) The department and the Texas Historical Commission shall form a joint panel to establish criteria for determining whether a site is of statewide significance under Subsection (a) and to promote the continuity of a historic sites program.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 38, eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 968, § 34, eff. Sept. 1, 2001.
§ 13.0051. COORDINATION WITH TEXAS HISTORICAL COMMISSION; REPORT ON PRESERVATION PLANS. The department shall meet regularly with the Texas Historical Commission regarding plans to preserve and develop historical sites in this state.
Added by Acts 2001, 77th Leg., ch. 968, § 36, eff. Sept. 1, 2001.
§ 13.0052. REPORTS. The department shall periodically prepare reports on plans to preserve and develop historical sites in this state.
Added by Acts 2001, 77th Leg., ch. 968, § 36, eff. Sept. 1, 2001.
§ 13.0053. REFERENCE TO HISTORICAL SITES. (a) In this section, "publication" includes the publication of a book, magazine, photograph, poster, or bulletin.
(b) The department may not refer to a historical site as a "historical park":
(1) in a department publication; or (2) on a department marker or sign.
Added by Acts 2001, 77th Leg., ch. 968, § 36, eff. Sept. 1, 2001.
§ 13.006. LEASE OF LANDS. (a) The department may lease any land and improvements it holds to a city, county, special district, nonprofit organization, or political subdivision. The leased area may not be referred to as a state facility, and no state funds may be used to operate or maintain a property leased under this section.
(b) The conditions and duration of the lease agreement are determined by the agreement of the department and the lessee.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1999, 76th Leg., ch. 617, § 1, eff. Sept. 1, 1999.
§ 13.0061. LEASE OF GRAZING RIGHTS ON PARK LANDS; SALE OF PRODUCTS. (a) The department may lease grazing rights on any state park or any area of a state park. The department may harvest and sell, or sell in place, any timber, hay, or other product grown on state park land the department finds to be in excess of natural resource management programming needs. Timber may be harvested only for forest pest management, salvage, or habitat restoration and under good forestry practices with the advice of the Texas Forest Service.
(b) The department may agree to accept materials, supplies, or services instead of money as part or full payment for a sale or lease under this section. The department may not assign to the materials, supplies, or services accepted as payment under this subsection a value that exceeds their actual market value.
(c) Except for consideration accepted under Subsection (b) of this section, all revenue derived from a lease or sale under this section shall be deposited in the state treasury to the credit of the state parks account.
Added by Acts 1981, 67th Leg., p. 2697, ch. 734, § 1, eff. June 16, 1981. Amended by Acts 1993, 73rd Leg., ch. 447, § 2, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 679, § 16, eff. Sept. 1, 1993.
§ 13.007. INVESTIGATION EXPENSES. A locality may pay the expenses of a representative of the department for a trip to the locality to determine the suitability of a site for a state park. If the expenses of the representative are paid by the locality, state funds may not be used for the expenses of the trip.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.008. SOLICITATION, RECEIPT, AND TRANSFER OF LAND. (a) The department may solicit and receive donations of land for public purposes and may refuse donations of land not acceptable for public purposes.
(b) If title to a site has vested in the department and if ownership of the site is no longer in the best interest of the department, the department may transfer the title:
(1) to another state department or institution requesting the site; (2) to the donor of the land if the donor requests the return of the site; (3) to the United States if it has undertaken the development of the site for public purposes;
(4) to the grantor if the deed to the department contains a reversion clause providing that title reverts to the grantor when the site is not used for the purposes for which it was acquired; or
(5) to any legally authorized entity if the property is to be used for public purposes.
(c) A two-thirds vote of the commission is necessary for action taken under this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1999, 76th Leg., ch. 617, § 2, eff. Sept. 1, 1999.
§ 13.009. SALE OR EXCHANGE OF LAND. (a) The director with the approval of the commission may execute a deed exchanging real property or an interest in real property either as all or partial consideration for other real property or interest in real property. The director with the approval of the commission may execute a deed selling real property or an interest in real property under the jurisdiction of the department if ownership of the real property is no longer in the best interest of the department.
(b) The department shall receive a good and marketable title to all land exchanged under this section.
(c) All land to be received in the exchange must be appraised and if the land to be received is of greater value, as determined by an independent and competent appraisal, than the state land exchanged, the department may use funds available for land acquisitions as a partial consideration for the exchange.
(d) The receipts from the sale of land under this section shall be used for improving or acquiring other real property dedicated to the same purpose for which the land sold was dedicated.
(e) Notwithstanding any other law or charter provision to the contrary, the department and a municipality may agree to exchange park properties under the control or management of the department or municipal government on the following conditions:
(1) the properties to be exchanged shall continue to be dedicated park properties and used for park purposes;
(2) no election is required by the municipality to authorize the exchange; and
(3) all of the provisions of Subsections (a) through (d) of this section are complied with by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1977, 65th Leg., p. 609, ch. 220, § 1, eff. May 24, 1977; Acts 1979, 66th Leg., p. 550, ch. 260, art. 3, § 2, eff. Sept. 1, 1979; Acts 1987, 70th Leg., ch. 1069, § 1, eff. June 20, 1987; Acts 1991, 72nd Leg., ch. 246, § 1, eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 617, § 3, eff. Sept. 1, 1999.
§ 13.010. HISTORIC SITES. The department may locate, designate, and suitably mark historic grounds, battlefields, and other historic spots in Texas as historic sites. Fitting markers may be erected; however, no expense may be incurred in the name of the state for this project.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 2001, 77th Leg., ch. 968, § 37, eff. Sept. 1, 2001.
§ 13.011. NATURAL FEATURES. (a) The commission may locate and designate outstanding natural features and formations located in this state. It may erect or contract to have erected suitable markers or monuments to call the features and formations to the public's attention.
(b) The commission may accept title to a suitable site for a marker or monument from private individuals, associations, or corporations by gift. Sites may also be acquired by purchase with appropriated funds.
(c) The commission may adopt reasonable rules for accepting or purchasing sites, for determining the suitability of sites, and for establishing the priority of accepting and marking the sites.
(d) All other agencies shall cooperate with the department to aid in the location of sites. The department may accept jurisdiction over suitable sites located on state land by an interagency transfer of jurisdiction.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.012. ROADSIDE PARKS. An area under the control of the department which is more suitable for use as a roadside park than any other type of park may be transferred to the Texas Department of Transportation for roadside park purposes if the land meets the specifications of the Texas Department of Transportation.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1995, 74th Leg., ch. 165, § 22(61), eff. Sept. 1, 1995.
§ 13.013. CONSTRUCTION OF ROADS BY TEXAS DEPARTMENT OF TRANSPORTATION. (a) The department may contract with the Texas Transportation Commission for the construction and paving of roads in and adjacent to state parks.
(b) Agreements under this section must be made in conformity with the Interagency Cooperation Act.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1995, 74th Leg., ch. 165, § 22(62), eff. Sept. 1, 1995.
§ 13.014. ROADS AND TRAILS TO CERTAIN PARK SITES. (a) The department shall acquire, construct, and maintain roads and trails from public roads to park sites located on and accessible to the waters of Buchanan and Inks lakes in Burnet, Lampasas, Llano, San Saba, Travis, and Williamson counties. The park sites may be state parks or land owned by the Lower Colorado River Authority dedicated to public use for park purposes.
(b) The department may acquire the rights-of-way for the roads and trails by purchase or gift or by exercise of the power of eminent domain.
(c) The Texas Transportation Commission shall cooperate with the department, and the department shall cooperate and match funds with any state or federal governmental agency and shall sponsor any state or federal project.
(d) The department may make contracts to carry out the provisions of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1995, 74th Leg., ch. 165, § 22(63), eff. Sept. 1, 1995.
§ 13.015. PARK USER FEES; CONCESSIONS. (a) The department may charge and collect park user fees for park services. The user fees shall be set by the commission.
(b) The department may operate or grant contracts to operate concessions in state parks or on causeways, beach drives, or other improvements in connection with state park sites. The department may make regulations governing the granting or operating of concessions.
(c) The department shall deposit any revenue received from the contracts, user fees, or operations authorized by this section in the state treasury to the credit of the state parks account.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 40, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 17, eff. Sept. 1, 1993.
§ 13.016. PRISON LABOR. (a) The department may use the labor of trusty state convicts on or in connection with state parks.
(b) Convicts working in connection with lands under the control or jurisdiction of the department remain under the control of the Texas Department of Criminal Justice and are considered as serving their terms in the penitentiary.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1997, 75th Leg., ch. 1256, § 17, eff. Sept. 1, 1997.
§ 13.017. PUBLICATIONS ON PARKS. (a) The department may provide or sell information, including books, magazines, photographs, prints, and bulletins, to the public on state parks.
(b) The department may enter into contractual agreements for publication of information concerning state parks.
(c) The department may receive royalties on department-owned materials that are sold or supplied to others by the department for publication.
(d) Money received under this section shall be deposited in the State Treasury to the credit of the account from which expenses for the publication were paid.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 41, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 18, eff. Sept. 1, 1993.
§ 13.018. STATE PARKLANDS PASSPORT. (a) The following people may apply to the department for a state parklands passport:
(1) a resident of this state who is 65 years old or over who has resided in the state for six consecutive months preceding the date of application for a parklands passport, a member of the United States armed forces on active duty who is 65 years old or over, or any other individual in a category that the commission by rule designates as a resident of this state who is 65 years old or over; (2) a veteran of the armed services of the United States who, as a result of military service, has a service-connected disability, as defined by the Veterans' Administration, consisting of the loss of the use of a lower extremity or of a 60 percent disability rating and who is receiving compensation from the United States because of the disability; and
(3) an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
(b) The department shall issue a passport to each qualified applicant. The passport shall be issued on a form designed and provided by the department.
(c) The holder of a state parklands passport issued on or before August 31, 1995, a person whose birth date is before September 1, 1930, or a veteran described by Subsection (a)(2) is entitled to enter any state park without payment of an entrance or admission fee. When a fee is charged by the department for entrance of a vehicle into a state park, the vehicle of the holder of a state parklands passport is exempt from the fee when the holder is present.
(d) The department may discount or waive a park entrance fee for a resident of this state issued an initial state parklands passport after August 31, 1995. When a fee is charged by the department for entrance of a vehicle into a state park, the vehicle of the holder of an initial state parklands passport may enter any state park on payment of a lower vehicle entrance fee. The department may waive vehicle entrance fees for any state park for the holder of an initial state parklands passport.
(e) The commission by rule shall establish eligibility requirements and privileges available to the holder of a state parklands passport described by Subsection (a)(3).
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1977, 65th Leg., p. 36, ch. 19, § 1, eff. Aug. 29, 1977; Acts 1995, 74th Leg., ch. 629, § 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 387, § 1, eff. Sept. 1, 1997.
§ 13.019. FACILITY RESERVATION FEE. The department may permit the advance reservation of a facility, lodging, or campsite at a state park and require the payment of a fee by a person making the reservation.
Added by Acts 1979, 66th Leg., p. 1065, ch. 495, § 1, eff. June 7, 1979. Amended by Acts 1997, 75th Leg., ch. 1256, § 18, eff. Sept. 1, 1997.
§ 13.020. LOCAL PUBLIC HEARINGS ON PARK DEVELOPMENT PLANS. Before the commission approves a park master development plan, the department must hold a public hearing to receive comments on the plan in an area near the location of the new park site.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 42, eff. Sept. 1, 1985.
§ 13.022. EASEMENT THROUGH CADDO LAKE STATE PARK. The department shall grant an easement through Caddo Lake State Park to provide access to private real property located within the park.
Added by Acts 1985, 69th Leg., ch. 392, § 1, eff. June 10, 1985. Renumbered from § 13.020 by Acts 1987, 70th Leg., ch. 167, § 5.01(a)(34), eff. Sept. 1, 1987.
SUBCHAPTER B. REGULATIONS GOVERNING PARKS AND OTHER RECREATIONAL AREAS
§ 13.101. AUTHORIZATION. The commission may promulgate regulations governing the health, safety, and protection of persons and property in state parks, historic sites, scientific areas, or forts under the control of the department, including public water within state parks, historic sites, scientific areas, and forts.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1975, 64th Leg., p. 1206, ch. 456, § 4(a), eff. Sept. 1, 1975.
§ 13.102. SCOPE OF REGULATIONS. The regulations may govern: (1) the conservation, preservation, and use of state property whether natural features or constructed facilities;
(2) the abusive, disruptive, or destructive conduct of persons; (3) the activities of park users including camping, swimming, boating, fishing, or other recreational activities;
(4) the possession of pets or animals; (5) the regulation of traffic and parking; and (6) conduct which endangers the health or safety of park users or their property.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1981, 67th Leg., p. 2725, ch. 741, § 3, eff. Jan. 1, 1982.
§ 13.106. POSTING OF REGULATIONS. All specific or general regulations applying to a state park, historic site, scientific area, or fort must be posted in a conspicuous place at the park, site, or fort. A copy of the regulations shall be made available on request to persons using the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.108. REMOVAL FROM PARK. (a) Any person directly or indirectly responsible for disruptive, destructive, or violent conduct which endangers property or the health, safety, or lives of persons or animals may be removed from a park, historic site, scientific area, or fort for a period not to exceed 48 hours.
(b) Prior to removal under this section, the person must be given notice of the provisions of this section and an opportunity to correct the conduct justifying removal.
(c) A court of competent jurisdiction may enjoin a person from reentry to the park, scientific area, site, or fort, on cause shown, for any period set by the court.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.109. ENFORCEMENT OF REGULATIONS. Regulations adopted under this subchapter may be enforced by any peace officer, including those employees of the department commissioned as peace officers under Section 11.019 of this code. A notice to appear may be issued by a peace officer for violation of a regulation on a form prescribed by the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.110. EFFECT OF REGULATIONS. No regulation adopted under this subchapter may amend or repeal any penal law of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.112. PENALTY. A person who violates a regulation adopted under Subchapter B of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 6, eff. Sept. 1, 1985.
SUBCHAPTER C. REGULATIONS GOVERNING AREAS ADJACENT TO STATE PARKS
§ 13.201. AUTHORIZATION. The commission may make regulations prohibiting the use of firearms or certain types of firearms on state property adjacent to state parks and within 200 yards of the boundary of the state park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.202. APPLICATION LIMITED. The regulations of the commission under Section 13.201 of this code apply only to state parks located within one mile of coastal water of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.205. PENALTY. A person who violates a regulation made by the commission under Section 13.201 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 7, eff. Sept. 1, 1985.
SUBCHAPTER D. PARTICIPATION IN FEDERAL PROGRAMS
§ 13.301. PROGRAMS FOR THE DEVELOPMENT OF HISTORIC SITES AND STRUCTURES. (a) The department may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program involving the planning, acquisition, and development of historic sites and structures.
(b) The department may contract with the United States or its agencies to plan, acquire, and develop historic sites and structures in this state in conformity with any federal act concerning the development of historic sites and structures.
(c) The department shall keep financial and other records relating to programs under this section and shall furnish appropriate officials and agencies of the United States and of this state all reports and information reasonably necessary for the administration of the programs.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.302. PROGRAMS FOR THE DEVELOPMENT OF OUTDOOR RECREATION RESOURCES. The department is 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. The department shall cooperate with the federal government in the administration of the provisions of the Land and Water Conservation Fund Act of 1965 (Public Law 88-578).
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.303. COOPERATION WITH OTHER AGENCIES. (a) The department shall cooperate with departments of the federal government and other departments of state and local government, including as a part of the state plan, water districts, river authorities, and special districts in outdoor recreation. The department shall issue rules and regulations to cooperate in the enforcement and administration of federal acts and rules and regulations.
(b) The department shall implement programs and coordinate with departments and agencies of the federal government, including the United States Border Patrol and the Drug Enforcement Administration, and other departments of state and local government, if necessary, to minimize environmental damage to any land under the control and custody of the department along this state's border with Mexico.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1999, 76th Leg., ch. 588, § 1, eff. Sept. 1, 1999.
§ 13.304. ADDITIONAL POWERS OF COUNTIES AND SPECIAL DISTRICTS. Counties, river authorities, water districts, and other political subdivisions organized under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, may:
(1) acquire land for public recreation; (2) construct facilities for public use on land acquired for public recreation;
(3) provide for the operation, maintenance, and supervision of the public recreation areas;
(4) execute agreements with other local, state, or federal agencies for planning, construction, maintenance, and operation of public recreation facilities and necessary access roads; and
(5) maintain adequate sanitary standards on the land and water areas that are part of or adjacent to public recreation areas.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.305. CONDEMNATION PROCEEDINGS. (a) The department may institute condemnation proceedings according to the laws of this state to acquire land for programs developing outdoor recreation resources under Section 13.302 of this code.
(b) Costs incurred in the exercise of eminent domain under this section for the relocation, raising, lowering, rerouting, or change in grade, or alteration in the construction of any electric transmission, telegraph, or telephone line, railroad, conduit, pole, property, facility, or pipeline are the sole expense of the department.
(c) "Sole expense" means the actual cost of the lowering, rerouting, or change in grade or alteration of construction in providing comparable replacement without enhancement of the facility, after deducting the net salvage value derived from the old facility.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.306. APPLICATION FOR PARTICIPATION IN FEDERAL PROGRAMS. (a) The department may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal outdoor recreation program.
(b) The department may contract with the United States or any appropriate federal agency to plan, acquire, and develop outdoor recreation resources of the state in conformity with the Land and Water Conservation Fund Act of 1965 or any other federal act to develop outdoor recreation resources of the state.
(c) The department shall keep financial and other records relating to the programs under this section and shall furnish to appropriate officials and agencies of the United States and of this state reports and information reasonably necessary for the administration of the programs.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.307. COORDINATION OF ACTIVITIES. To obtain the benefits of outdoor recreation programs under this subchapter, the department shall coordinate its activities with and represent the interests of all agencies and political subdivisions of the state as a part of a state plan. The state plan shall include cities, counties, water districts, river authorities, and special districts in outdoor recreation having interests in the planning, development, acquisition, operation, and maintenance of outdoor recreation resources and facilities.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.308. AVAILABILITY OF STATE FUNDS. (a) The department may not make a commitment or an agreement to participate in an outdoor recreation program under this subchapter until sufficient funds are available to meet the state's share of the cost of the project.
(b) An outdoor recreation area or facility acquired or developed by the department under this subchapter shall be publicly maintained to the extent necessary to insure its proper operation and maintenance.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.309. AVAILABILITY OF LOCAL FUNDS. The department may agree with the United States or any appropriate agency to plan, acquire, operate, and develop projects involving participating federal aid funds on behalf of any political subdivision of this state if the political subdivision certifies to the department that:
(1) sufficient funds are available to meet its share, if any, of the cost of the project; and
(2) the acquired or developed areas will be operated and maintained at the expense of the subdivision for public outdoor recreation use.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.310. RECEIPT AND EXPENDITURE OF FUNDS. (a) The department may receive and spend federal money allocated to the state for any project established to develop outdoor recreation resources under this subchapter and for administrative and other expenses incident to the administration of these projects.
(b) The department may receive and expend funds from the state, a county, a city, or any other source for the development of outdoor recreation resources under this subchapter.
(c) The department shall deposit all funds received for the development of outdoor recreation resources in the state treasury to the credit of the state land and water conservation account.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 679, § 19, eff. Sept. 1, 1993.
§ 13.311. PROJECT PRIORITY. The department may make rules and regulations governing the priority of projects submitted under an outdoor recreation plan under this subchapter and within the limitations of the appropriations made for these purposes.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.312. ADMINISTRATION EXPENSE. The department may employ necessary personnel, as determined by the director, and expend amounts necessary to administer efficiently the outdoor recreation programs under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.313. FISH AND WILDLIFE RESTORATION PROJECTS. The department may conduct and establish cooperative fish and wildlife restoration projects under the provisions of Public Law No. 415, Acts of the 75th Congress, and Public Law No. 681, Acts of the 81st Congress, as amended .
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.314. COMPLIANCE IN FISHERY MANAGEMENT. The department may cooperate and contract with the Gulf of Mexico Fishery Management Council or the National Marine Fisheries Service for conduct of such work as may be necessary in complying with requirements of the Fishery Conservation and Management Act of 1976 (16 U.S.C.A. Section 1801 et seq.).
Added by Acts 1977, 65th Leg., p. 1280, ch. 501, § 1, eff. June 15, 1977. § 14.001. DEFINITIONS. In this chapter: (1) "Department" means the Parks and Wildlife Department. (2) "Land office" means the General Land Office. (3) "Mitigation" means the sequential process of avoiding impacts to wetlands, minimizing impacts to wetlands, and providing compensation for losses to wetlands.
(4) "State-owned coastal wetlands" mean wetlands owned by state agencies underlying or adjacent to tidal waters.
Added by Acts 1991, 72nd Leg., ch. 265, § 3, eff. June 5, 1991.
§ 14.002. STATE-OWNED WETLAND CONSERVATION PLAN. (a) The department and the land office, in conjunction, shall develop and adopt a State Wetlands Conservation Plan for state-owned coastal wetlands. The Texas Natural Resource Conservation Commission and other state agencies and local governments shall assist in developing and implementing the plan. The department and the land office shall consult with federal agencies in developing and adopting the plan.
(b) The plan shall include: (1) a definition of the term "wetlands" consistent to the greatest extent practicable with the definition under Subchapter J, Chapter 11, Water Code, and federal law;
(2) a policy framework for achieving a goal of no overall net loss of state-owned coastal wetlands, which framework shall include monitoring and enforcement of the no overall net loss policy;
(3) provisions for an inventory of state-owned coastal wetlands to determine gains and losses in areal extent, wetland types, wetland function, and the causes of wetlands alterations;
(4) provisions for an inventory of sites for compensatory mitigation, enhancement, restoration, and acquisition priorities;
(5) clarification and unification of wetland mitigation policies within the department, the land office, and the Texas Natural Resource Conservation Commission, and other state agencies and subdivisions;
(6) development of guidelines and regulations for mitigation done in advance for losses due to possible future development and for which credit may be received when such future development occurs;
(7) evaluation of requirements of freshwater inflow to estuaries that affect state-owned coastal wetlands;
(8) preparations for a long-range navigational dredging and disposal plan, in consultation with the Texas Department of Transportation, port authorities, and navigation districts, including the recommendations set out in the department's Texas Outdoor Recreation Plan;
(9) provisions for scientific studies examining the effects of boat traffic in sensitive coastal wetland areas and for education of the public with regard to the effects of boating in wetlands and proper nondamaging boating techniques;
(10) provisions to encourage the reduction of nonpoint source pollution of coastal wetlands, bays, and estuaries, in consultation with the Texas Natural Resource Conservation Commission, including the monitoring and adoption of nonpoint source pollution standards as they are developed by authorized state and federal agencies;
(11) development of a networking strategy to improve coordination among existing federal and state agencies with respect to coastal wetland permitting, review, and protection responsibilities, including the assessment of current state agency permitting and other processes concerning coastal wetlands;
(12) a public education program on wetlands with the responsibility for the production of such material to be jointly that of the land office and the department;
(13) participation in the establishment of a National Wetlands Information Center by the federal government;
(14) evaluation of the feasibility and effect of sediment bypassing from reservoirs to bays and estuaries;
(15) consideration of sea level rise as it relates to coastal wetlands; (16) provisions consistent with the department's Texas Wetlands Plan; (17) a plan to acquire coastal wetlands, following the guidelines provided for in Subchapter G, Chapter 33, Natural Resources Code; and
(18) any other matter affecting state-owned coastal wetlands. (c) The department and the land office shall submit the plan to the Parks and Wildlife Commission and the School Land Board for review, comments, and approval.
(d) Following approval of the plan, the Parks and Wildlife Commission and the School Land Board shall adopt rules, policies, standards, and guidelines to implement the plan fully.
Added by Acts 1991, 72nd Leg., ch. 265, § 3, eff. June 5, 1991. Amended by Acts 1995, 74th Leg., ch. 76, § 11.279, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 165, § 22(64), eff. Sept. 1, 1995.
§ 14.003. GIFTS AND GRANTS. The department and the land office may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the powers and duties provided by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 265, § 3, eff. June 5, 1991.
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