CHAPTER 11. PARKS AND WILDLIFE DEPARTMENT

Statutes > Texas Statutes > PARKS AND WILDLIFE CODE > TITLE 2. PARKS AND WILDLIFE DEPARTMENT > CHAPTER 11. PARKS AND WILDLIFE DEPARTMENT

PARKS AND WILDLIFE CODE

TITLE 2. PARKS AND WILDLIFE DEPARTMENT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 47, eff.

Sept. 1, 2001.

Sec. 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, Sec. 2, eff.

Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 1,

eff. Sept. 1, 2001.

Sec. 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, Sec. 2, eff. Sept. 1,

2001.

Sec. 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.

Added by Acts 2005, 79th Leg., Ch.

961, Sec. 1, eff. June 18, 2005.

SUBCHAPTER B. ORGANIZATION OF DEPARTMENT

Sec. 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, Sec. 1, eff. Sept. 1,

1975.

Sec. 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, 2021.

Added by Acts 1977, 65th Leg., p. 1846, ch. 735, Sec. 2.099a,

eff. Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 267,

art. 1, Sec. 1, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch.

479, Sec. 206, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st

C.S., ch. 17, Sec. 5.21(a), eff. Nov. 12, 1991; Acts 2001, 77th

Leg., ch. 968, Sec. 3, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

928, Sec. 2.05, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 1, eff. September 1, 2009.

Sec. 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.

meet the qualifications provided by Section 11.0121.

(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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, Sec. 1,

eff. June 19, 1983; Acts 1985, 69th Leg., ch. 267, art. 1, Sec.

3, eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 968, Sec. 4,

eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 2, eff. September 1, 2009.

Sec. 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, Sec. 4, eff.

Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 5,

eff. Sept. 1, 2001.

Sec. 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, Sec. 5, eff.

Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 6,

eff. Sept. 1, 2001.

Sec. 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

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, Sec. 6, eff.

Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec.

2.19(23), eff. Sept. 1, 1987; Acts 2001, 77th Leg., ch. 968, Sec.

7, eff. Sept. 1, 2001.

Sec. 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, Sec. 7, eff.

Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 8,

eff. Sept. 1, 2001.

Sec. 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;

(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.

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, Sec. 8, eff.

Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 9,

eff. Sept. 1, 2001.

Sec. 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;

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.

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, Sec. 10, eff. Sept. 1,

2001.

Sec. 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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, Sec. 2,

eff. June 19, 1983.

Sec. 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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, Sec. 3,

eff. June 19, 1983; Acts 2001, 77th Leg., ch. 968, Sec. 12, eff.

Sept. 1, 2001.

Sec. 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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, Sec. 4,

eff. June 19, 1983; Acts 1985, 69th Leg., ch. 267, art. 1, Sec.

9, eff. Sept. 1, 1985.

Sec. 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.

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, Sec. 10, eff.

Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 13,

eff. Sept. 1, 2001.

Sec. 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, Sec. 1, eff. Sept. 1,

1975.

Sec. 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES; COMPLAINTS.

(a) The commission shall prepare information of public interest

describing the functions of the commission. The commission shall

make the information available to the general public and

appropriate state agencies.

(b) The department shall maintain a system to promptly and

efficiently act on complaints filed with the department that the

department has the authority to resolve. The department shall

maintain information about parties to the complaint, the subject

matter of the complaint, a summary of the results of the review

or investigation of the complaint, and its disposition.

its procedures for complaint investigation and resolution.

(d) The department shall periodically notify the complaint

parties of the status of the complaint until final disposition.

(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, Sec. 11, eff.

Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, Sec.

130, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 968, Sec. 14,

eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 3, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 48, eff.

Sept. 1, 2001.

Sec. 11.0163. USE OF TECHNOLOGY. The commission shall implement

a policy requiring the department to use appropriate

technological solutions to improve the department's ability to

perform its functions. The policy must ensure that the public is

able to interact with the department on the Internet.

Added by Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 4, eff. September 1, 2009.

Sec. 11.0164. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE

RESOLUTION PROCEDURES. (a) The commission shall develop and

implement a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008,

Government Code, for the adoption of department rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the department's

jurisdiction.

(b) The department's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the department.

Added by Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 4, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1,

1975.

Sec. 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

(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, Sec. 1, eff. Sept. 1,

1999.

Sec. 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.

advertising that are appropriate for viewing by youth.

Added by Acts 2001, 77th Leg., ch. 968, Sec. 15, eff. Sept. 1,

2001.

Sec. 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, Sec. 15, eff. Sept. 1,

2001.

Sec. 11.0174. INTERNAL AFFAIRS OFFICE. (a) The executive

director shall establish the office of internal affairs.

(b) The office of internal affairs has original departmental

jurisdiction over all investigations of cases alleging criminal

conduct:

(1) occurring on department property;

(2) engaged in by on-duty department employees; or

(3) engaged in by officers commissioned by the department

performing off-duty work related to their official duties.

need not conduct, all investigations under this section.

(d) An investigation under this section may be initiated only by

the executive director or the commission.

(e) The executive director shall appoint the head of the office

of internal affairs. The head of the office of internal affairs

serves until removed by the executive director.

(f) The head of the office of internal affairs shall:

(1) report directly to the executive director regarding

performance of and activities related to investigations;

(2) report to the executive director for administrative

purposes; and

(3) provide the executive director or commission with

information regarding investigations as appropriate.

(g) The head of the office of internal affairs shall present at

each regularly scheduled commission meeting and at other

appropriate times a summary of information relating to

investigations conducted under this section that includes

analysis of the number, type, and outcome of investigations,

trends in the investigations, and any recommendations to avoid

future complaints.

Added by Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 4, eff. September 1, 2009.

Sec. 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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 122, ch. 29, Sec. 1,

eff. April 19, 1983.

Sec. 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.

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, Sec. 3, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 16, eff.

Sept. 1, 2001.

Sec. 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.

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, Sec. 17, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 74, eff.

Sept. 1, 2003.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1983, 68th Leg., p. 122, ch. 29, Sec. 2,

eff. April 19, 1983.

Sec. 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, Sec. 3, eff. April

19, 1983.

Sec. 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, Sec. 1, eff. Aug. 31,

1987.

Sec. 11.0193. PURCHASE OF FIREARM FROM DEPARTMENT BY

COMMISSIONED PEACE OFFICER. (a) An employee commissioned by the

director as a peace officer may purchase for an amount set by the

department, not to exceed fair market value, a firearm issued to

the person by the department if:

(1) the firearm is not listed as a prohibited weapon under

Section 46.05, Penal Code; and

(2) the firearm is retired by the department for replacement

purposes.

(b) The commission may adopt rules for the sale of a retired

firearm under this section to a peace officer commissioned by the

director.

Added by Acts 2009, 81st Leg., R.S., Ch.

475, Sec. 1, eff. June 19, 2009.

Sec. 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.

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, Sec. 1, eff. May

25, 1977.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1991.

Sec. 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, Sec. 12, eff.

Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 18,

eff. Sept. 1, 2001.

Sec. 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.

(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, Sec. 13, eff.

Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 19,

eff. Sept. 1, 2001.

Sec. 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, Sec. 14, eff.

Sept. 1, 1985.

Sec. 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, Sec. 15, eff.

Sept. 1, 1985.

Sec. 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, Sec. 16, eff.

Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 90,

eff. Sept. 1, 1989.

Sec. 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.

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, Sec. 20, eff. Sept. 1,

2001.

Sec. 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, Sec. 17, eff.

Sept. 1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 21,

eff. Sept. 1, 2001.

Sec. 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, Sec. 4, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 22, eff.

Sept. 1, 2001.

Sec. 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 employee, as an auxiliary duty in performance of a

regular duty renders a special customer service to an individual

or group;

(3) the gratuity is offered by a customer:

(A) of the restaurant, cafeteria, food service establishment, or

hospitality unit of the state parks division in appreciation of

being served food or beverages by the employee; or

(B) of a hospitality unit of the state parks division, in

appreciation of receiving some other customer service from the

employee;

(4) the department has designated the employee as an employee

authorized to accept a gratuity; and

(5) 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, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 15, eff. June 15, 2007.

Sec. 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.

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, Sec. 18, eff.

Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 780, Sec. 1,

eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 447, Sec. 1, eff.

Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 5, eff. Sept.

1, 1997.

Sec. 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, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 931, Sec. 78, eff.

June 16, 1995.

Sec. 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, Sec. 6, eff. Sept. 1,

1997.

Sec. 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.

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;

(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, Sec. 1, eff. Sept. 1,

1991. Amended by Acts 1999, 76th Leg., ch. 257, Sec. 1, eff. May

28, 1999.

Sec. 11.0285. DONATED BUILDING PROJECTS. (a) The department may

accept the donation of a turnkey building project on state land

provided that the department:

(1) approves the plans and engineering in advance; and

(2) has supervision over the project.

(b) A project under this section is not subject to competitive

bidding.

Added by Acts 2009, 81st Leg., R.S., Ch.

1193, Sec. 1, eff. June 19, 2009.

Sec. 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, Sec. 1, eff. Sept. 1,

1991. Renumbered from Sec. 11.028 by Acts 1991, 72nd Leg., 1st

C.S., ch. 14, Sec. 8.01(20), eff. Nov. 12, 1991.

Sec. 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).

(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, Sec. 1, eff. Aug. 28,

1995.

SUBCHAPTER C. SPECIAL ACCOUNTS

Sec. 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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1979, 66th Leg., p. 546, ch. 260, art. 1,

Sec. 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 679, Sec.

1, eff. Sept. 1, 1993.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1979, 66th Leg., p. 546, ch. 260, art. 1,

Sec. 1, eff. Sept. 1, 1979; Acts 1981, 67th Leg., p. 439, ch.

184, Sec. 3, eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 640,

Sec. 2, eff. Jan. 1, 1986; Acts 1989, 71st Leg., ch. 637, Sec. 6,

eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 780, Sec. 2, eff.

Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept.

1, 1993; Acts 1995, 74th Leg., ch. 339, Sec. 2, eff. June 8,

1995; Acts 2003, 78th Leg., ch. 200, Sec. 7(a), eff. Sept. 1,

2003; Acts 2003, 78th Leg., ch. 667, Sec. 1, eff. Sept. 1, 2003.

Sec. 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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1979, 66th Leg., p. 547, ch. 260, art. 1,

Sec. 1, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 1157, ch.

261, Sec. 1, eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 267,

art. 1, Sec. 19, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch.

679, Sec. 1, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256,

Sec. 7, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 968, Sec.

23, eff. Sept. 1, 2001.

Sec. 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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1979, 66th Leg., p. 546, ch. 260, art. 1,

Sec. 1, eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 679, Sec.

1, eff. Sept. 1, 1993.

Sec. 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;

(4) fees and revenue collected under Section 11.027(b) or (c)

that are associated with state park lands;

(5) an amount of money equal to 74 percent of the credits made

to the department under Section 151.801, Tax Code; and

(6) any other source provided by law.

account all revenue, less allowable costs, from the following

sources:

(1) private contributions, grants, and donations received for

state parks-related purposes; and

(2) federal funds received for state parks-related purposes.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1991, 72nd Leg., ch. 780, Sec. 3, eff.

Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept.

1, 1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 16, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 5, eff. September 1, 2009.

Sec. 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 may deposit in the state land and water

conservation account any 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.

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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff.

Sept. 1, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

952, Sec. 6, eff. September 1, 2009.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff.

Sept. 1, 1993.

Sec. 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.

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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff.

Sept. 1, 1993.

Sec. 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, Sec. 1, eff. Sept. 1,

1975. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff.

Sept. 1, 1993.

Sec. 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, Sec. 20, eff.

Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 1,

eff. Sept. 1, 1993.

Sec. 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:

(1) the amount of credits made to the department under Section

151.801, Tax Code, after allocations to:

(A) the state parks account;

(B) the large county and municipality recreation and parks<

Find Legal Information

Texas Codes and Statutes

CHAPTER 11. PARKS AND WILDLIFE DEPARTMENT