CHAPTER 22. STATE PARKS
PARKS AND WILDLIFE CODE
TITLE 3. PARKS
CHAPTER 22. STATE PARKS
SUBCHAPTER A. FANNIN STATE BATTLEGROUND
Sec. 22.001. JURISDICTION. Fannin State Battleground is under
the jurisdiction of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.006. CONCESSION ACCOUNT. A Fannin State concession
account may be established in the state treasury according to the
rules and procedures established by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER B. SAN JACINTO BATTLEGROUND
Sec. 22.011. JURISDICTION. The San Jacinto Battleground is
under the jurisdiction of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.012. SAN JACINTO HISTORICAL ADVISORY BOARD. (a) The
San Jacinto Historical Advisory Board is composed of:
(1) the chairman of the Battleship Texas Commission;
(2) the president of the San Jacinto Museum of History
Association; and
(3) three members of the public.
(b) The three members of the public are appointed by the
governor for terms of six years each, with the term of one member
expiring each odd-numbered year.
(c) One or more of the three members of the public may be
selected from the San Jacinto Chapter, Daughters of the Republic
of Texas.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.013. MEETINGS. (a) The San Jacinto Historical Advisory
Board shall meet quarterly to review the policies and operations
of the San Jacinto Battleground and to advise the department on
the proper historical development of the battleground.
(b) The board shall prepare minutes for all board meetings and
deliver them to the commission. The board shall deliver the
board's bylaws and any changes made to the bylaws to the
commission. Any minutes or bylaws delivered to the commission
shall be delivered by the member of the board who is an employee
of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1999, 76th Leg., ch. 925, Sec. 3, eff.
Sept. 1, 1999.
Sec. 22.014. POWERS OF THE BOARD. The board may accept, in the
name of the state, all bequests, gifts, and grants of money or
property made to the battleground and use the bequests for the
purposes specified by the grantor, if any.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.015. DATA. All data collected by the board is the
property of the state and shall be used to depict the story of
Texas history and independence at the battleground.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.016. SAN JACINTO MUSEUM OF HISTORY ASSOCIATION. The San
Jacinto Museum of History Association, a nonprofit historical
association organized for the purposes of operating the San
Jacinto Memorial Building and Tower and establishing a museum,
retains ownership of property and historical data held in the
name of the association and may acquire museum accessions by
gift, grant, or purchase from association funds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER C. PALO DURO CANYON STATE PARK
Sec. 22.021. JURISDICTION. (a) The Palo Duro Canyon State Park
is under the jurisdiction of the department.
(b) The original boundaries of the park include the land located
in Armstrong and Randall counties and described in the deed
executed by Fred A. Emery and wife to Texas State Parks Board,
July 28, 1933, and recorded in Volume 69, pages 347 through 350,
of the deed records of Randall County.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.022. POWERS OF DEPARTMENT. (a) The department may:
(1) fix entrance fees for admission to the park;
(2) fix charges to be collected from patrons of the park;
(3) execute grazing leases covering all or part of the park
land;
(4) grant concessions in the park;
(5) make improvements in the park; and
(6) execute any other contracts necessary to carry out the
provisions of this subchapter.
(b) Improvements may include the construction of dams to impound
water to form a lake or lakes for recreational and other
conservation purposes within the park. Before constructing any
dam or lake, the commission must obtain permits required by law
from the Texas Water Rights Commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.023. DISPOSITION OF INCOME. The department shall use
the income derived from leases, royalties, and operation of the
park necessary for maintaining, improving, and operating the
park. The unexpended income at the end of the biennium shall be
placed 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 2007, 80th Leg., R.S., Ch.
1159, Sec. 29, eff. June 15, 2007.
Sec. 22.024. ISSUANCE OF BONDS. The department may issue bonds
necessary for the construction of improvements in the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.025. INTEREST ON BONDS. Interest on the bonds may not
exceed six percent per year, computed with relation to the
absolute maturity of the bonds in accordance with standard bond
interest tables currently in use by insurance companies and
investment houses, excluding from the computation the amount of
any premium to be paid on redemption of any bonds prior to
maturity.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.026. MATURITY OF BONDS. The bonds may mature, serially
or otherwise, not more than 40 years from the date of their
issuance.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.027. REDEMPTION BEFORE MATURITY. The department may fix
the price, terms, and conditions for redemption of the bonds
before maturity in the authorizing proceedings.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.028. SALE OF BONDS. The bonds may be sold, at public or
private sale, at a price and under terms determined by the
department to be the most advantageous terms reasonably
obtainable.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.029. PLEDGE OF INCOME. The department may irrevocably
pledge the rents, revenues, and income from the improvements
financed by the bonds and from any other revenue-producing
facilities or properties of the park, including the fees
collected for admission to the park, to the payment of the
interest on and the principal of the bonds and may enter into
agreements regarding the imposition of charges and the
collection, pledge, and disposition of revenue.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.030. RIGHT TO ISSUE ADDITIONAL BONDS. In pledging the
rents, revenues, and income, the department may expressly reserve
the right to issue additional bonds on a parity with or
subordinate to the bonds then being issued.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.031. ADDITIONAL SECURITY FOR BONDS. (a) If, after
reasonable effort, the department is unable to sell the bonds,
the bonds may be additionally secured by a deed of trust lien on
the land and property comprising the park, or any part of it,
after the department has obtained written approval of the
governor.
(b) The governor may not give his approval under this section
until he has obtained the advice and consent of the Legislative
Budget Board.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.032. FORM OF BONDS. The department may prescribe the
form, conditions, and details of the bonds in accordance with the
provisions of this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.033. REFUNDING OF BONDS. (a) A bond issued by the
department under a law of this state which is payable from any
part of the revenues of a revenue-producing facility or property
of Palo Duro Canyon State Park may be refunded or refinanced by
the department under this subchapter.
(b) The provisions of this subchapter are applicable to a
refunding bond.
(c) In the same authorizing proceedings, the department may
refund or refinance any bond issued under this subchapter and
combine all refunding bonds and any new bonds to be issued into
one or more issues or series and may provide for the subsequent
issuance of additional parity bonds under terms and conditions
set out in the authorizing proceedings.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.034. EMPLOYMENT OF PERSONNEL. The department may employ
engineers, attorneys, and fiscal agents or financial advisors
necessary in the issuance or refunding of bonds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.035. APPROVAL BY ATTORNEY GENERAL. (a) The bonds and
all records relating to their issuance must be submitted to the
attorney general for examination prior to delivery.
(b) The attorney general shall approve the bonds if he finds
that they have been issued in accordance with the constitution
and this subchapter and that they will be binding special
obligations of the department.
(c) Bonds approved by the attorney general must be registered by
the comptroller of public accounts.
(d) After approval and registration, the bonds are
incontestable.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.036. PAYMENT OF INTEREST AND EXPENSES. The department
may set aside amounts from the proceeds of the sale of a bond
issue for:
(1) the payment of interest anticipated to accrue during the
construction period;
(2) a deposit into the reserve for the interest and sinking fund
to the extent prescribed in the authorizing proceedings; and
(3) payment of attorney's fees, engineer's fees, and expenses of
the issuance and sale of bonds, including the fees of fiscal
agents or financial advisors.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.037. LEGAL INVESTMENTS. (a) Bonds issued under this
subchapter are legal and authorized investments for banks,
savings banks, trust companies, building and loan associations,
savings and loan associations, insurance companies, fiduciaries,
trustees, and guardians, and for the sinking funds of cities,
towns, villages, counties, school districts, and other political
corporations and subdivisions of the state.
(b) The bonds are eligible to secure the deposit of the public
funds of the state, cities, towns, villages, counties, school
districts, and other political corporations and subdivisions of
the state.
(c) The bonds are lawful and sufficient security for deposits to
the extent of their value when accompanied by all unmatured
coupons.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.038. NEGOTIABLE INSTRUMENTS. Bonds issued under this
subchapter are negotiable instruments under the laws of this
state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.039. DEBT AGAINST THE STATE. Nothing in this subchapter
creates a debt against the state or binds the state in any way
except as to the mortgage of the land and property comprising the
Palo Duro Canyon State Park and as to the pledge of the rents,
revenue, and income from the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER D. JIM HOGG MEMORIAL PARK
Sec. 22.051. JURISDICTION. (a) The Jim Hogg Memorial Park is
under the jurisdiction of the department.
(b) The original boundaries of the park include approximately
180 acres, formerly a part of the General Joseph L. Hogg
homestead in Cherokee County.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.052. HISTORICAL IMPROVEMENTS. To the extent possible,
the department shall maintain a replica of the original Hogg home
and the grounds adjacent to the residence.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.053. IMPROVEMENTS. The department may repair or
construct facilities for recreational and park purposes at the
park and may work in conjunction with other governmental agencies
for this purpose.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.054. SALE AND USE OF TIMBER. (a) The department may
use timber cut from the land in the park to repair or construct
improvements.
(b) The department may sell timber from the land in the park to
finance the construction or repair of improvements.
(c) Timber must be selectively cut for sale or use under the
supervision of the Texas Forest Service.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.055. SALE OF IRON ORE. (a) The department may sell
iron ore in place located in the park. The department may grant
all rights necessary for the development of the iron ore to the
purchasers of the iron ore.
(b) The presiding officer, on behalf of the department, may
execute and deliver the necessary instruments to convey the iron
ore in place to the purchasers.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 2001, 77th Leg., ch. 968, Sec. 51, eff.
Sept. 1, 2001.
Sec. 22.056. COMPETITIVE BIDS. (a) Timber and iron ore may be
sold on competitive bids only. The contract shall be awarded to
the party submitting the highest and best bid in the judgment of
the Texas Forest Service for the sale of timber and of the
department for the sale of iron ore. The department must approve
the contract for sale of timber.
(b) The Texas Forest Service shall keep on file the bids for
timber sale. The bids are public records. Copies of the bids
shall be given to the department.
(c) The department shall keep on file the bids for the sale of
iron ore. The bids are public records.
(d) The Texas Forest Service may reject any or all bids for
timber sale and readvertise for new bids. The department may
reject any or all bids for iron ore sale and readvertise for new
bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.057. ADVERTISING FOR BIDS. (a) The Texas Forest
Service shall advertise for the sale of timber. The department
shall advertise for the sale of iron ore.
(b) The sale must be advertised for two weeks in at least one
weekly newspaper published and circulated in Cherokee County.
(c) The advertisement must contain the necessary information
pertaining to the sale and the time and place for receiving bids.
(d) The first advertisement must be at least 10 days before the
date of receiving bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.058. REGULATIONS. The department shall adopt
regulations, forms, and contracts for the sale of iron ore and
protection of the income produced from the sale.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.059. DISPOSITION OF FUNDS. Money received from the sale
of timber or iron ore from the land in the park shall be placed
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. 43,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 21, eff.
Sept. 1, 1993.
SUBCHAPTER E. HUNTSVILLE STATE PARK
Sec. 22.071. IMPROVEMENTS. (a) The department may construct
and repair improvements to be used for recreational and park
purposes in Huntsville State Park, including dams to impound
water and form reservoirs or lakes.
(b) The department may cooperate with other governmental
agencies in making the improvements.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.072. PERMIT FOR DAM. A dam may not be constructed until
a permit has been obtained from the Texas Water Rights
Commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.073. SALE AND USE OF TIMBER. (a) The department may
use timber cut from land in the park to repair or construct
improvements.
(b) The department may sell timber from land in the park to
finance the construction or repair of improvements and dams.
(c) Timber must be selectively cut for sale or use under the
supervision of the Texas Forest Service.
(d) The amount of timber sold may not exceed $250,000.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.074. COMPETITIVE BIDS. (a) Timber may be sold on
competitive bids only. The contract shall be awarded to the party
submitting the highest and best bid in the judgment of the Texas
Forest Service and then approved by the department.
(b) All bids shall be kept on file by the Texas Forest Service
and are public records. Copies of the bids shall be furnished to
the department.
(c) The Texas Forest Service may reject any or all bids and
readvertise for new bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.075. ADVERTISING FOR BIDS. (a) The Texas Forest
Service shall advertise for the sale of the timber for two weeks
in at least one weekly newspaper published and circulated in
Walker County.
(b) The advertisement must contain the necessary information
pertaining to the timber sale and the time and place for
receiving bids.
(c) The first advertisement must be at least 10 days before the
date of receiving bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.076. DISPOSITION OF FUNDS. Money received from the sale
of timber cut from the park shall be placed 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. 44,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 22, eff.
Sept. 1, 1993.
SUBCHAPTER F. GOLIAD STATE PARK
Sec. 22.081. JURISDICTION. Goliad State Park, including the
General Ignacio Zaragoza Birthplace and the Mission of San
Rosario, is under the jurisdiction of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.082. GENERAL IGNACIO ZARAGOZA BIRTHPLACE. (a) The
department may care for and protect the birthplace of General
Ignacio Zaragoza and shall designate the site as the General
Ignacio Zaragoza Birthplace.
(b) The site originally accepted by the state includes
approximately two acres, described as lots 4, 5, 6, 11, 12, 13,
14, 15, and 16 in Block X, La Bahia Townsite, in Goliad County.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.083. MISSION OF SAN ROSARIO. (a) The department shall
care for the grounds of the Mission of San Rosario as a suitable
and appropriate memorial and shall enclose the mission grounds
with an appropriate and substantial park fence.
(b) The original boundaries of the mission consist of the
surface title of 4.77 acres of land in the County of Goliad,
Texas, said 4.77 acres of land, more or less, being the following
described parcel of land:
BEGINNING at a concrete monument in the Southeast Right-of-Way
line of State Highway No. 12, same being a R/W marker for said
Highway, and being 50 ft. at right angles from the center line of
said Highway, and marked Sta. 914/00;
THENCE South 39 deg. 36 min. West, with right-of-way fence, 295.9
ft. to a concrete monument for corner of this present survey;
THENCE South 56 deg. 02 min. East, at 148.0 ft. an iron pipe, at
350.0 ft. a concrete monument for corner of this present survey;
THENCE South 32 deg. 08 min. East, at 69.9 ft. an iron pipe, at
193.3 ft. a tack in cedar post at 241.4 ft. a concrete monument
for corner of this present survey;
THENCE North 83 deg. 35 min. East, 193.4 ft. to a concrete
monument for corner of this present survey;
THENCE North 17 deg. 46 min. East, at 109.7 ft. an iron pipe, at
227.3 ft. a concrete monument for corner of this present survey;
THENCE North 43 deg. 17 min. West, at 116.8 ft. an iron pipe, at
240.5 ft. a concrete monument for corner of this present survey;
THENCE North 57 deg. 21 min. West, at 193.3 ft. an iron pipe, at
356.3 ft. a concrete monument for corner of this present survey;
same being a highway R/W marker for said Highway for extra width
in R/W and also marked Sta. 914/00;
THENCE North 49 deg. 55 min. West, with Highway R/W line, 34.9
ft. to the place of beginning;
Containing Four and 77/100 (4.77) acres of land and all being out
of Maria de Jesus de Leon Survey, Abstract 21, Goliad County,
Texas.
Said 4.77 acres of land, more or less, being the land conveyed to
the County of Goliad by William J. O'Connor on July 15, 1935, as
shown by deed of such date duly recorded in Volume 77, Page 565,
of the Deed Records of Goliad County, Texas, on July 17, 1935,
and to which reference is here made for all pertinent purposes.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.084. IMPROVEMENTS. The department may construct,
maintain, and repair historical and recreational structures and
facilities in the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.085. REVERSION OF TITLE; MINERAL RESERVATION. (a) If
the state ceases to use the General Ignacio Zaragoza Birthplace
or the Mission of San Rosario as park land, all right, title, and
interest shall revert to Goliad County.
(b) All minerals under the land accepted as the Mission of San
Rosario are excepted from any conveyance to the state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER G. MISSION SAN FRANCISCO DE LOS TEJAS STATE PARK
Sec. 22.091. FACILITIES; PARK SITE. (a) The department may
construct and repair facilities for recreational and other
appropriate purposes at Mission San Francisco de los Tejas State
Park.
(b) The original boundaries of the park include portions of
Hardy Ware Survey, Abstract 1240, situated on the N side of
Highway No. 21, about 21 miles NE from the City of Crockett, and
being the same tracts of land conveyed to the State of Texas for
the use and benefit of the Agricultural and Mechanical College of
Texas, more particularly described by the following deeds,
to-wit:
Deed from Mrs. Kittie A. Cook, surviving widow of T. S. Cook,
deceased, dated October 16, 1939, recorded in Book 200, page 533,
Deed Records of Houston County, Texas;
Deed from Southern Pine Lumber Company, dated September 20, 1935,
recorded in Book 170, page 367, Deed Records of Houston County,
Texas;
Deed from Mrs. Kittie A. Cook, surviving widow of T. S. Cook,
deceased, dated February 1, 1935, recorded in Book 166, page 141,
Deed Records of Houston County, Texas;
Deed from C. H. Callaway, Trustee, dated January 3, 1935,
recorded in Volume 164, page 543, Deed Records of Houston County,
Texas.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.092. TIMBER SALE. (a) The department may sell timber
from land in the park and may use timber of the park to repair or
construct improvements in the park.
(b) Timber may be cut for salvage purposes only or under good
forestry practices with the advice of the Texas Forest Service.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.093. COMPETITIVE BIDS. (a) Timber may be sold on
competitive bids only. The contract shall be awarded to the party
submitting the highest and best bid in the judgment of the Texas
Forest Service and then approved by the department.
(b) All bids shall be kept on file by the Texas Forest Service
and are public records.
(c) The Texas Forest Service may reject any or all bids and
readvertise for new bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.094. ADVERTISING FOR BIDS. (a) The Texas Forest
Service shall advertise for the sale of the timber for two weeks
in at least one weekly newspaper published and circulated in
Houston County.
(b) The advertisement must contain the necessary information
pertaining to the timber sale and the time and place for
receiving bids.
(c) The first advertisement must be at least 10 days before the
date of receiving bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.095. DISPOSITION OF FUNDS. Money received from the sale
of timber cut from the park shall be placed 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. 45,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, Sec. 23, eff.
Sept. 1, 1993.
SUBCHAPTER H. PORT ISABEL LIGHTHOUSE STATE HISTORICAL MONUMENT
AND PARK
Sec. 22.101. JURISDICTION. The Port Isabel Lighthouse is a
state historical monument and park and is under the jurisdiction
of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.102. POWERS OF DEPARTMENT. The department may
rehabilitate, maintain, and preserve the property of the park,
and may collect entrance fees for admission to the park or
operate it on a concession basis under the provisions of this
code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER I. HUECO TANKS STATE PARK
Sec. 22.111. CONTROL. The department has control of Hueco Tanks
State Park and shall improve, preserve, restore, and protect the
land and property in the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.112. ACCEPTANCE OF GIFTS. The department may accept
gifts for constructing, building, advertising, or creating the
park, including gifts for public exhibition that relate to the
history of the park or the state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.113. TITLE TO PARK. The title of the land known as
Hueco Tanks in El Paso County is in the name of the state and is
subject to limitations, conditions, and exceptions made by the
former owners and approved by the department or the department's
predecessor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER J. STEPHEN F. AUSTIN STATE PARK
Sec. 22.121. JURISDICTION. Stephen F. Austin State Park is
under the jurisdiction of the department. The department shall
improve, preserve, and protect the land in the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER K. NIMITZ STATE PARK
Sec. 22.151. JURISDICTION. The Nimitz State Park, located near
Fredericksburg in Gillespie County, is under the jurisdiction of
the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.152. POWERS OF DEPARTMENT. The department may:
(1) accept gifts for the construction, building, or advertising
of the park;
(2) accept gifts for exhibition dealing with the history or life
of Fleet Admiral Chester W. Nimitz;
(3) advertise the affairs of the park;
(4) make rules and regulations for administration of the park;
(5) hire personnel necessary to carry out its duties;
(6) grant concessions; and
(7) operate and maintain the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER L. EISENHOWER STATE PARK
Sec. 22.161. JURISDICTION. The Eisenhower State Park, located
near Lake Texoma in Grayson County, is under the jurisdiction of
the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.162. POWERS OF DEPARTMENT. The department may:
(1) accept gifts for the construction, building, or advertising
of the park;
(2) accept gifts for exhibition dealing with the history or life
of Dwight D. Eisenhower;
(3) advertise the affairs of the park;
(4) make rules and regulations for administration of the park;
(5) hire personnel necessary to carry out its duties;
(6) grant concessions; and
(7) operate and maintain the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.163. DEFINITIONS. As used in this subchapter:
(1) "Impacted property" means that real property located in
Grayson County adjacent to or near the western end of Eisenhower
State Park that is described as:
(A) Lots 54-79 in "Elm Ridge Homesite Area" as described on a
survey and plat of this area by B. & B. Engineering Co. in
May, 1958, recorded in Plat Book 1, Page 73, Deed Records,
Grayson County, Texas; and
(B) the East one-half and the West one-half of a 60.49 acre
tract being part of the survey patented to Alan Carter, Abstract
No. 231, dated June 22, 1851, and also being part of the J. A.
Sadler 380 acre tract except the 316.05 acres thereof described
in a deed to the United States of America, recorded in Volume
432, Page 389, Deed Records, Grayson County, Texas.
(2) "Owner" means the owner or a lessee of impacted property.
(3) "Guest" means a business or personal guest or an employee of
an owner of impacted property.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.164. RIGHT TO USE ROADS. (a) Owners, their family
members, and their guests may use the roads of the park without
charge for egress from or ingress to the impacted property when
traveling between the impacted property and points east of the
park.
(b) Owners, their family members, and their guests may use
throughout the year whatever road is maintained by the department
for travel by automobiles between the eastern and western points
of the park and may enter the park at the points at which they
were able to enter the park and its roads prior to November 1,
1968, or other reasonably located points the department may
direct by regulation.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.165. PERMITS. (a) The department may require owners,
their family members, and their guests to obtain permits for
entrance into and use of park roads under this subchapter.
(b) Permits shall be issued automatically on presentation of
proper identification.
(c) Permits are valid for at least one year and shall be
automatically renewed for owners and their family members.
(d) Permits for guests of owners shall be valid for the period
of time requested by the owner.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER M. GOVERNOR JAMES STEPHEN HOGG MEMORIAL SHRINE
Sec. 22.171. GOVERNOR HOGG MEMORIAL. The Governor James Stephen
Hogg Memorial Shrine, located near Quitman, Wood County, is
established.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER N. ACQUISITION OF CERTAIN STATE PARKS
Sec. 22.181. SPANISH MISSIONS. (a) The department may acquire
the following Spanish Mission sites, located in Milam County:
(1) Nuestra Senora de la Candelaria;
(2) San Francisco Xavier de los Dolores; and
(3) San Ildefonso.
(b) The department may acquire the sites with available or
appropriated funds or may accept gifts for acquisition,
construction, or restoration of the sites.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.183. HUBBARD LAKE. (a) The department may create,
develop, operate, and maintain a state park on the land donated
by the West Central Texas Municipal Water District located on
Hubbard Lake in Stephens County.
(b) The department may accept additional gifts of any adjoining
land or interest in land donated by the West Central Texas Water
Municipal District to enlarge the park created by Subsection (a)
of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1,
1975.
Sec. 22.184. FISHING PIERS. (a) The department may repair and
maintain the old causeway across Copano Bay on Highway 35 in
Aransas County and the old causeway across Lavaca Bay on Highway
35 in Calhoun County as public fishing piers and recreation
areas.
(b) The department and the Texas Department of Transportation
may solicit and receive gifts of labor and materials for the
construction and improvement of the fishing piers.
(c) The department may grant concessions to persons allowing the
concessioners to charge for use of the piers and approaches.
(d) All revenue received under this section shall be deposited
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 1993, 73rd Leg., ch. 679, Sec. 25, eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 165, Sec. 22(65), eff.
Sept. 1, 1995.
SUBCHAPTER O. MATAGORDA ISLAND STATE PARK AND WILDLIFE MANAGEMENT
AREA
Sec. 22.201. MATAGORDA ISLAND STATE PARK AND WILDLIFE MANAGEMENT
AREA. (a) The Matagorda Island State Park and Wildlife
Management Area is established under the jurisdiction of the
department to be used for public recreational and wildlife
conservation purposes as a state park and to be used as a
wildlife management area.
(b) The Matagorda Island State Park and Wildlife Management Area
consists of all land, including tideland, submerged land, and
beaches, on Matagorda Island in Calhoun County belonging to the
state on June 1, 1979, other than permanent school fund land, and
any other land on Matagorda Island acquired after that date by
the department for inclusion in the park and wildlife management
area.
Added by Acts 1979, 66th Leg., p. 254, ch. 132, Sec. 1, eff. May
9, 1979. Amended by Acts 1983, 68th Leg., p. 121, ch. 28, Sec. 1,
eff. April 19, 1983.
Sec. 22.202. DEDICATED LAND. All land within the Matagorda
Island State Park and Wildlife Management Area on June 1, 1979,
and all land included within the park and management area after
that date are dedicated for park and wildlife management area
purposes.
Added by Acts 1979, 66th Leg., p. 254, ch. 132, Sec. 1, eff. May
9, 1979.
SUBCHAPTER P. FRANKLIN MOUNTAINS STATE PARK
Sec. 22.221. PARK ESTABLISHED: JURISDICTION OF DEPARTMENT. The
Franklin Mountains State Park is established under the
jurisdiction of the department.
Added by Acts 1979, 66th Leg., p. 1804, ch. 736, Sec. 1, eff.
Aug. 27, 1979. Redesignated from Sec. 22.201 by Acts 1981, 67th
Leg., p. 3272, ch. 860, Sec. 1, eff. Aug. 31, 1981.
Sec. 22.222. DEPARTMENT TO ACQUIRE PARK LAND. (a) The
department shall acquire by purchase, gift, lease, or
condemnation all of the land described in Section 2 of the Act
that added this subchapter to this code. The department may
acquire the mineral interests in the land to be acquired.
(b) A lease executed under this section may only be from a
public entity. A lease executed under this section from the state
may not exceed 30 years and may be renewed on its expiration. A
lease executed under this section from any other public entity is
not limited to any term of years. For purposes of this
subsection, "public entity" means an agency or instrumentality of
federal, state, or local government, including the board of
directors of a municipally owned utility system.
(c) The department shall acquire the land with money from the
Texas Park Development Fund, or any fund or account created to
finance the acquisition of state parks.
(d) The department may expend funds for the operation and
maintenance of the Franklin Mountains State Park.
Added by Acts 1979, 66th Leg., p. 1804, ch. 736, Sec. 1, eff.
Aug. 27, 1979. Redesignated from Sec. 22.202 and amended by Acts
1981, 67th Leg., p. 3272, ch. 860, Sec. 1, eff. Aug. 31, 1981.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 74, eff.
Sept. 1, 1985; Acts 1987, 70th Leg., ch. 304, Sec. 1, eff. Aug.
31, 1987; Acts 1989, 71st Leg., ch. 383, Sec. 3, eff. June 14,
1989; Acts 1993, 73rd Leg., ch. 679, Sec. 26, eff. Sept. 1, 1993.
Sec. 22.223. CONDEMNATION. (a) If necessary for the
acquisition of the Franklin Mountains State Park, the department
shall institute condemnation proceedings according to the laws of
this state against any person, including a governmental entity.
(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.
Added by Acts 1979, 66th Leg., p. 1804, ch. 736, Sec. 1, eff.
Aug. 27, 1979. Redesignated from Sec. 22.203 by Acts 1981, 67th
Leg., p. 3272, ch. 860, Sec. 1, eff. Aug. 31, 1981.
SUBCHAPTER S. TRINITY RIVER STATE PARK
Sec. 22.251. PARK ESTABLISHED: JURISDICTION OF DEPARTMENT. The
Trinity River State Park is established under the jurisdiction of
the department on property that may be acquired according to this
Act.
Added by Acts 1983, 68th Leg., p. 5356, ch. 983, Sec. 3, eff.
Aug. 29, 1983.
Sec. 22.252. DEPARTMENT TO ACQUIRE PARK LAND. (a) The
department may acquire by purchase, gift, lease, or condemnation
all of the land described in Section 4 of the Act that added this
subchapter to this code. The department may acquire the mineral
interests in that land.
(b) A lease executed under this section from the state may not
exceed 30 years and may be renewed on its expiration. A lease
executed under this section from any other public entity is not
limited to any term of years. For purposes of this subsection,
"public entity" means an agency or instrumentality of federal,
state, or local government, including the board of directors of a
municipally owned utility system.
(c) The department may acquire the land with money from the
urban park fund.
(d) The department may expend funds for the operation and
maintenance of the Trinity River State Park.
(e) The department will honor all existing easements on the
property to be acquired under this Act, as well as all existing
permits to pump water from the Trinity River and to discharge
water into the Trinity River.
Added by Acts 1983, 68th Leg., p. 5356, ch. 983, Sec. 3, eff.
Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 267, art. 1,
Sec. 76, eff. Sept. 1, 1985.
Sec. 22.253. CONDEMNATION. (a) If necessary for the
acquisition of the Trinity River State Park, the department may
institute condemnation proceedings according to the laws of this
state against any person, including a governmental entity.
(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 may be 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.
Added by Acts 1983, 68th Leg., p. 5356, ch. 983, Sec. 3, eff.
Aug. 29, 1983.
Sec. 22.254. POWERS OF CITY OF DALLAS. (a) Nothing in this Act
shall preclude or prohibit the city of Dallas from initiating,
developing, completing, extending, or maintaining any project, as
described in Subsection (b) of this section, whether the project
may be located within, partially within, or adjacent to the
boundaries of Trinity River State Park.
(b) For purposes of this section, the city of Dallas by
ordinance or resolution of the governing body may approve and
authorize any or all of the following:
(1) the development of a lake to be located within the flood
plain of the Trinity River within the city of Dallas;
(2) the extension of Trinity River flood controls which shall
include but not be limited to the construction of drainage
channels, swales, levees, and associated flood control
appurtenances in the Trinity River flood plain which may be
constructed and maintained within the boundaries of Trinity River
State Park;
(3) the extension of Simpson Stuart Road at the point where it
may cross the flood plain of the Trinity River; and
(4) the construction of swales in or adjacent to the natural
channel of the Trinity River as necessary to provide offset
capacity for full utilization of the McCommas Bluff Reclamation
landfill.
(c) If the city of Dallas approves a project, as authorized by
this section, the department shall grant the city of Dallas
access to land within Trinity River State Park and whatever
permissions are necessary in order to attain the purposes of the
project.
(d) For purposes of this section, Chapter 276, Acts of the 61st
Legislature, Regular Session, 1969 (Article 5421q, Vernon's Texas
Civil Statutes), does not apply.
Added by Acts 1983, 68th Leg., p. 5356, ch. 983, Sec. 3, eff.
Aug. 29, 1983.
SUBCHAPTER T. BATTLESHIP "TEXAS"
Sec. 22.261. JURISDICTION. The Battleship "Texas" is under the
jurisdiction of the department.
Added by Acts 1983, 68th Leg., p. 2190, ch. 407, Sec. 1, eff.
Sept. 1, 1983. Redesignated from Sec. 22.251 by Acts 1987, 70th
Leg., ch. 167, Sec. 5.01(a)(36), eff. Sept. 1, 1987.