CHAPTER 13. POWERS AND DUTIES CONCERNING PARKS AND OTHER RECREATIONAL AREAS
PARKS AND WILDLIFE CODE
TITLE 2. PARKS AND WILDLIFE DEPARTMENT
CHAPTER 13. POWERS AND DUTIES CONCERNING PARKS AND OTHER
RECREATIONAL AREAS
SUBCHAPTER A. GENERAL POWERS AND DUTIES
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 37,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 217, Sec. 1, eff.
May 18, 1993; Acts 1997, 75th Leg., ch. 1256, Sec. 16, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 968, Sec. 31, eff. Sept. 1,
2001.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 32, eff.
Sept. 1, 2001.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 15, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 902, Sec. 2, eff. Sept.
1, 1997.
Sec. 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, Sec. 33(a), eff. Nov. 6,
2001.
Sec. 13.0044. PREFERENCE FOR CERTAIN PARK PROGRAMS. In
selecting parks for capital improvements, the department may give
a preference to programs in which the department matches locally
raised money on a dollar-for-dollar basis.
Added by Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 21, eff. June 15, 2007.
Sec. 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, Sec. 3, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.362, eff.
Sept. 1, 2001.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 38,
eff. Sept. 1, 1985; Acts 2001, 77th Leg., ch. 968, Sec. 34, eff.
Sept. 1, 2001.
Sec. 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, Sec. 36, eff. Sept. 1,
2001.
Sec. 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, Sec. 36, eff. Sept. 1,
2001.
Sec. 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, Sec. 36, eff. Sept. 1,
2001.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1999, 76th Leg., ch. 617, Sec. 1, eff.
Sept. 1, 1999.
Sec. 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, livestock,
or other product grown on state park land the department finds to
be in excess of natural resource management, educational, or
interpretive objectives. 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, Sec. 1, eff.
June 16, 1981. Amended by Acts 1993, 73rd Leg., ch. 447, Sec. 2,
eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 679, Sec. 16, eff.
Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 22, eff. June 15, 2007.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 13.0075. ELIGIBILITY CRITERIA FOR INCLUSION OF REAL
PROPERTY IN STATE PARKS SYSTEM. (a) The commission by rule
shall adopt criteria for determining the eligibility of real
property that is donated to the department for inclusion in the
state parks system.
(b) The department may accept a donation of real property that
satisfies the criteria adopted under Subsection (a).
(c) The department may renovate or restore donated real
property, including improvements to the property, or construct
new improvements on the donated real property as necessary and
prudent.
Added by Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 23, eff. June 15, 2007.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1999, 76th Leg., ch. 617, Sec. 2, eff.
Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 609, ch. 220, Sec. 1,
eff. May 24, 1977; Acts 1979, 66th Leg., p. 550, ch. 260, art. 3,
Sec. 2, eff. Sept. 1, 1979; Acts 1987, 70th Leg., ch. 1069, Sec.
1, eff. June 20, 1987; Acts 1991, 72nd Leg., ch. 246, Sec. 1,
eff. Sept. 1, 1991; Acts 1999, 76th Leg., ch. 617, Sec. 3, eff.
Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 37, eff.
Sept. 1, 2001.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(61), eff.
Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(62), eff.
Sept. 1, 1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(63), eff.
Sept. 1, 1995.
Sec. 13.0145. SPEED LIMITS. (a) The department shall set and
enforce speed limits on a road in a state park, wildlife
management area, or other site under the control of the
department as follows:
(1) 30 miles per hour on a park road or main drive;
(2) 20 miles per hour on a secondary road; or
(3) as posted by the department.
(b) The department shall:
(1) consult with the Texas Department of Transportation to
determine if a speed limit under Subsection (a) is reasonable and
safe based on an engineering and traffic control study; and
(2) amend the limit, if necessary.
Added by Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 24, eff. June 15, 2007.
Sec. 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.
(a-1) The commission may waive the park entrance fee for a
person who is at least 70 years of age. The commission may not
waive the fee for use of a park facility, including a hook-up fee
for electricity or water.
(a-2) The department may promote visits and enhance revenue at
parks, including amounts necessary for salaries, advertising,
consumable supplies and materials, promotional products, fees,
and related expenses.
(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. The department may establish and
operate staff concessions, including salaries, consumable
supplies and materials, operating expenses, rental and other
equipment, and other capital outlays.
(b-1) The department may purchase products, including food
items, for resale or rental at a profit.
(b-2) The department shall operate any resale concession program
using standard business practice models to generate revenue and
provide quality customer service while adhering to conservation
principles.
(b-3) The department may recruit and select private service
providers to enter into leased concession contracts with the
department to provide necessary and appropriate visitor services.
(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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 40,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 17, eff.
Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 25, eff. June 15, 2007.
Sec. 13.016. INMATE LABOR. (a) The department may use the
labor of an inmate confined in a state, county, or local
correctional facility on or in connection with state parks,
wildlife management areas, or other property under the control or
jurisdiction of the department.
(b) Inmates working in connection with lands under the control
or jurisdiction of the department remain under the control of the
Texas Department of Criminal Justice or county or local
correctional facility, as appropriate, and are considered as
serving their terms in the Texas Department of Criminal Justice
or other correctional facility.
(c) The department may purchase equipment, meals, supplies, and
materials for an inmate working at a department site as necessary
to facilitate the use of the labor described by this section.
(d) The department may not use the labor of an inmate convicted
of an offense listed in Article 62.001(5), Code of Criminal
Procedure.
(e) The department may not use the labor of an inmate convicted
of any violent offense.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 17, eff.
Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 26, eff. June 15, 2007.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 41,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 18, eff.
Sept. 1, 1993.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1977, 65th Leg., p. 36, ch. 19, Sec. 1,
eff. Aug. 29, 1977; Acts 1995, 74th Leg., ch. 629, Sec. 1, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 387, Sec. 1, eff. Sept.
1, 1997.
Sec. 13.019. FACILITY RESERVATION SYSTEM AND FEE. (a) 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.
(b) The department shall annually:
(1) evaluate whether the reservation system used by the
department for the advance reservation of facilities, lodging,
and campsites is as user-friendly as possible; and
(2) make modifications to the system as necessary to enhance the
user-friendliness of the reservation system.
Added by Acts 1979, 66th Leg., p. 1065, ch. 495, Sec. 1, eff.
June 7, 1979. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 18,
eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 27, eff. June 15, 2007.
Sec. 13.0191. FACILITY AND LODGING FEES. A fee charged by the
department under this subchapter for the use of a facility or
lodging at a state park may vary on a seasonal basis and may be
set in an amount to recover the direct and indirect costs of
providing the facility or lodging and provide a reasonable rate
of return to the department. Items to be considered in setting a
fee include the cost required to provide, maintain, and improve
amenities available at the site and seasonal variables such as
the cost of staffing to meet demand and costs of heating or air
conditioning.
Added by Acts 2007, 80th Leg., R.S., Ch.
1159, Sec. 28, eff. June 15, 2007.
Sec. 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, Sec. 42, eff.
Sept. 1, 1985.
Sec. 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, Sec. 1, eff. June 10,
1985. Renumbered from Sec. 13.020 by Acts 1987, 70th Leg., ch.
167, Sec. 5.01(a)(34), eff. Sept. 1, 1987.
SUBCHAPTER B. REGULATIONS GOVERNING PARKS AND OTHER RECREATIONAL
AREAS
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1975, 64th Leg., p. 1206, ch. 456, Sec.
4(a), eff. Sept. 1, 1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1981, 67th Leg., p. 2725, ch. 741, Sec. 3,
eff. Jan. 1, 1982.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 6, eff.
Sept. 1, 1985.
SUBCHAPTER C. REGULATIONS GOVERNING AREAS ADJACENT TO STATE PARKS
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 7,
eff. Sept. 1, 1985.
SUBCHAPTER D. PARTICIPATION IN FEDERAL PROGRAMS
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1999, 76th Leg., ch. 588, Sec. 1, eff.
Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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,
the Texas recreation and parks account, the large county and
municipality recreation and parks account, or the state parks
account.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 19, eff.
Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
952, Sec. 9, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff.
June 15, 1977.