CHAPTER 13. POWERS AND DUTIES CONCERNING PARKS AND OTHER RECREATIONAL AREAS

State Codes and Statutes

Statutes > Texas > Parks-and-wildlife-code > Title-2-parks-and-wildlife-department > 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.

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.

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.

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.

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).

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;

(5) to any legally authorized entity if the property is to be

used for public purposes.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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