reglab/housing_qa huggingface dataset:
TX Pks & Wildlife Code § 88.004 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle G - Plants|Chapter 88 - Endangered Plants|Section 88.004. Amendment to List

Sec. 88.004.  AMENDMENT TO LIST.  (a)  If the list of endangered or threatened plants issued by the United States is modified, the director shall file an order with the secretary of state accepting the modification unless the director finds that the plant does not occur in this state.  The order is effective immediately.(b)  The director may amend the list of endangered, threatened, or protected native plants by filing a modification order with the secretary of state.  The order is effective on filing.(c)  The director shall give public notice of the intention to file a modification order under Subsection (b) of this section at least 60 days before the order is filed.  The notice must contain the contents of the proposed order.(d)  The director shall hold a public hearing at least 30 days before the modification order authorized by Subsection (b) of this section is filed.|Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.|
TX Pks & Wildlife Code § 88.005 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle G - Plants|Chapter 88 - Endangered Plants|Section 88.005. Permit

Sec. 88.005.  PERMIT.  The department shall issue a permit to a qualified person to take endangered, threatened, or protected plants or parts thereof from public land for the purpose of propagation, education, or scientific studies.|Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.|
TX Pks & Wildlife Code § 88.006 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle G - Plants|Chapter 88 - Endangered Plants|Section 88.006. Regulations

Sec. 88.006.  REGULATIONS.  The department shall adopt regulations to administer the provisions of this chapter, including regulations to provide for:(1)  permit application forms, fees, and procedures;(2)  hearing procedures;(3)  procedures for identifying endangered, threatened, or protected plants;  and(4)  publication and distribution of lists of endangered, threatened, or protected plants.|Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.|
TX Pks & Wildlife Code § 88.007 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle G - Plants|Chapter 88 - Endangered Plants|Section 88.007. Activities by the Department

Sec. 88.007.  ACTIVITIES BY THE DEPARTMENT.  (a)  The department may conduct biological research and field investigations to help determine the classification of native plants.(b)  The department may collect and disseminate information about the conservation of native plants and their habitats.(c)  The department may take an endangered, threatened, or protected plant from public land without a permit for the purpose of conservation, education, or scientific studies.(d)  The department shall distribute pictures and other information concerning endangered, threatened, or protected plants to law enforcement agencies and the public as the department determines necessary for educational purposes.|Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 426, Sec. 1, eff. Sept. 1, 1985.|
TX Pks & Wildlife Code § 88.008 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle G - Plants|Chapter 88 - Endangered Plants|Section 88.008. Prohibited Acts

Sec. 88.008.  PROHIBITED ACTS.  (a)  Except as otherwise provided by this chapter, no person may take for commercial sale, possess for commercial sale, or sell all or part of an endangered, threatened, or protected plant from public land.(b)  No contract or common carrier may transport or receive for shipment all or part of an endangered, threatened, or protected native plant taken from public land.(c)  No person may take for commercial sale, possess for commercial sale, transport for commercial sale, or sell all or part of an endangered, threatened, or protected plant from private land unless the person possesses a permit issued under Section 88.0081 of this code and each plant is tagged as provided by Section 88.0081 of this code.(d)  No person may hire or pay another person to take for commercial sale, possess for commercial sale, transport for commercial sale, or sell all or part of an endangered, threatened, or protected plant from private land unless both persons possess a permit issued under Section 88.0081 of this code.|Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 426, Sec. 2, eff. Sept. 1, 1985.|
TX Pks & Wildlife Code § 88.0081 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle G - Plants|Chapter 88 - Endangered Plants|Section 88.0081. Permit for Taking Plants From Private Land

Sec. 88.0081.  PERMIT FOR TAKING PLANTS FROM PRIVATE LAND.  (a)  A person who takes, possesses, or transports for commercial sale or sells an endangered, threatened, or protected plant from private land, or who hires or pays another to perform those activities, shall possess a permit issued by the department.  The permit must specify the land from which the taking is permissible, have attached a copy of the landowner's consent, and contain any other information required by the department.(b)  A person applying for a permit under this section must submit to the department:(1)  a copy of the written consent of the landowner from whose land the plant will be taken;  and(2)  a permit fee set by the commission in an amount reasonable to defray administrative costs.(c)  In addition to the permit required by this section, a person taking endangered, threatened, or protected plants from private land shall attach to each plant at the time of taking a tag issued to the person by the department.  The fee for each tag is $1.(d)  No person may remove the tag from the plant until the plant has been transplanted into its ultimate site for landscaping or beautification purposes.  Only the ultimate owner or a department employee may remove the tag.(e)  The commission shall adopt rules specifying the form and information required for permits and tags issued under this section.(f)  The department shall waive the tagging fee if it determines the plants were planted and cultivated for the express purpose of being harvested for commercial purposes.|Added by Acts 1985, 69th Leg., ch. 426, Sec. 3, eff. Sept. 1, 1985.|
TX Pks & Wildlife Code § 88.009 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle G - Plants|Chapter 88 - Endangered Plants|Section 88.009. Exceptions

Sec. 88.009.  EXCEPTIONS.  (a)  This chapter does not apply to the taking, possession, or sale of endangered, threatened, or protected plants if the taking, possession, or sale is incidental to:(1)  the possession or sale of the real property on which the plant is growing;(2)  the possession or acquisition of easements or leases on which the plant is growing;  or(3)  the harvest or sale of an agricultural crop if the endangered, threatened, or protected plant grows among that crop.(b)  This chapter does not apply to the possession, transportation, or sale of an endangered, threatened, or protected plant if:(1)  the plant originates in another state;  and(2)  the person possessing, transporting, or selling the plant complies with the terms of any required federal permit or with the terms of a state permit required by the laws of the originating state.|Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.|
TX Pks & Wildlife Code § 88.010 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle G - Plants|Chapter 88 - Endangered Plants|Section 88.010. Inspections

Sec. 88.010.  INSPECTIONS.  A person authorized to enforce this chapter may detain for inspection and inspect a vehicle, package, crate, or other container if the person has probable cause to believe it contains a plant in violation of this chapter.|Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.|
TX Pks & Wildlife Code § 88.011 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle G - Plants|Chapter 88 - Endangered Plants|Section 88.011. Penalties

Sec. 88.011.  PENALTIES.  (a)  Except as otherwise provided by this section, a person who violates any provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.(b)  If it is shown at the trial of the defendant that he has been convicted within the preceding 36 months of a violation of this chapter, on conviction he shall be punished for a Class B Parks and Wildlife Code misdemeanor.(c)  If it is shown at the trial of the defendant that he has been convicted two or more times within the preceding 60 months of a violation of this chapter, on conviction he shall be punished for a Class A Parks and Wildlife Code misdemeanor.(d)  A person who hires or pays another person to take, possess, or transport for commercial sale or sell an endangered, threatened, or protected plant in violation of Subsection (d) of Section 88.008 of this code commits an offense.  An offense under this section is a Class B Parks and Wildlife Code misdemeanor.(e)  Each endangered, threatened, or protected plant taken, possessed, transported, or sold in violation of this chapter constitutes a separate offense.|Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 108, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 426, Sec. 4, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 16, Sec. 15.04, eff. Aug. 26, 1991.|
TX Pks & Wildlife Code § 88.012 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle G - Plants|Chapter 88 - Endangered Plants|Section 88.012. Injunction Against Governmental Violator

Sec. 88.012.  INJUNCTION AGAINST GOVERNMENTAL VIOLATOR.  A state or local governmental agency that violates or threatens to violate a provision of this chapter is subject to a civil suit for injunctive relief.  The suit shall be brought in the name of the State of Texas.|Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.|
TX Pks & Wildlife Code § 90.001 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.001. Definitions

Sec. 90.001.  DEFINITIONS.  In this chapter:(1)  "Emergency" means a condition or circumstance in which a person reasonably believes that an individual has sustained serious bodily injury or is in imminent danger of serious bodily injury or that property has sustained significant damage or destruction or is in imminent danger of significant damage or destruction.(2)  "Motor vehicle" means any wheeled or tracked vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used to transport a person or thing.(3)  "Navigable river or stream" means a river or stream that retains an average width of 30 or more feet from the mouth or confluence up.(4)  "Protected freshwater area" means that portion of the bed, bottom, or bank of any navigable river or stream that lies at or below the gradient boundary of the river or stream.  The term does not include that portion of a bed, bottom, or bank that lies below tidewater limits.|Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.|
TX Pks & Wildlife Code § 90.002 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.002. Operation of Motor Vehicle in Protected Freshwater Area Prohibited

Sec. 90.002.  OPERATION OF MOTOR VEHICLE IN PROTECTED FRESHWATER AREA PROHIBITED.  Except as provided by Section 90.003 or 90.004, a person may not operate a motor vehicle in or on a protected freshwater area on or after January 1, 2004.|Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.|
TX Pks & Wildlife Code § 90.003 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.003. Exemptions

Sec. 90.003.  EXEMPTIONS.  (a)  Section 90.002 does not apply to:(1)  a state, county, or municipal road right-of-way;(2)  a private road crossing established on or before December 31, 2003;  or(3)  operation of a motor vehicle by:(A)  a federal, state, or local government employee if operation of a motor vehicle is necessary for conducting official business;(B)  a person if operation of a motor vehicle is necessary for reasonable purposes related to usual and customary agricultural activities;(C)  a person if operation of a motor vehicle is necessary to and is authorized by a mineral lease;(D)  a person if operation of a motor vehicle is necessary to and authorized by a crossing easement granted by the General Land Office under the Natural Resources Code;(E)  a person if operation of a motor vehicle is necessary to an activity authorized by Chapter 86;(F)  a person in response to an emergency;(G)  a person if operation of a motor vehicle is necessary for the lawful construction, operation, or maintenance of equipment, facilities, or structures used for:(i)  the production, transportation, transmission, or distribution of electric power;(ii)  the provision of telecommunications services or other services delivered through a cable system;(iii)  the transportation of aggregates, oil, natural gas, coal, or any product of oil, natural gas, or coal;(iv)  the production, treatment, or transportation of water or wastewater;  or(v)  dredge material disposal placement;(H)  an owner of the uplands adjacent to a protected freshwater area, the owner's agent, lessee, sublessee, or the lessee or sublessee's agent, representative, licensee, invitee, or guest for reasonable purposes related to usual and customary operation of:(i)  a camp regulated under Chapter 141, Health and Safety Code;  or(ii)  a retreat facility owned and operated by a nonprofit corporation chartered under the laws of this state before January 1, 1970;  or(I)  an owner of the adjacent uplands on both sides of a protected freshwater area and the owner's agents, employees, representatives, and lessees only for the purpose of accessing the owner's property on the opposite side of the protected freshwater area when no reasonable alternate access is available.(b)  This chapter does not apply to any river with headwaters in a state other than Texas and a mouth or confluence in a state other than Texas.(c)  A person exempt under this section who operates a motor vehicle in or on a protected freshwater area shall do so in a manner that avoids, to the extent reasonably possible, harming or disturbing vegetation, wildlife, or wildlife habitat within the protected freshwater area.  A person exempt under this section who is crossing a protected freshwater area shall cross by the most direct feasible route.|Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.|
TX Pks & Wildlife Code § 90.0035 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.0035. Operation of Aircraft in or on Protected Freshwater Area

Sec. 90.0035.  OPERATION OF AIRCRAFT IN OR ON PROTECTED FRESHWATER AREA.  (a)  In this section, "aircraft" means a device that can be used for flight in the air, including an airplane, ultralight airplane, or helicopter.(b)  Notwithstanding any other provision of this chapter, a person may operate an aircraft in or on a protected freshwater area.(c)  A person who operates an aircraft in or on a protected freshwater area shall do so in a manner that avoids, to the extent reasonably possible, harming or disturbing vegetation, wildlife, or wildlife habitat within the protected freshwater area.|Added by Acts 2021, 87th Leg., R.S., Ch. 287 (H.B. 4436), Sec. 1, eff. June 4, 2021.|
TX Pks & Wildlife Code § 90.005 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.005. Assistance From Department

Sec. 90.005.  ASSISTANCE FROM DEPARTMENT.  (a)  The department shall assist a requesting county, municipality, or river authority in developing a local plan.(b)  A county, municipality, or river authority implementing a local plan shall remit to the department 20 percent of the county's, municipality's, or river authority's gross receipts from fees charged under Section 90.004(b)(2) to offset the department's administrative costs associated with implementing this chapter.|Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.|
TX Pks & Wildlife Code § 90.006 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.006. Studies

Sec. 90.006.  STUDIES.  The department may conduct studies necessary to implement this chapter.|Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.|
TX Pks & Wildlife Code § 90.007 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.007. Landowner Rights

Sec. 90.007.  LANDOWNER RIGHTS.  (a)  A prescriptive easement over private property cannot be created by recreational use of a protected freshwater area, including by portage over or around barriers, scouting of obstructions, or crossing of private property to or from a protected freshwater area.(b)  Nothing in this section shall limit the right of a person to navigate in, on, or around a protected freshwater area.|Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.|
TX Pks & Wildlife Code § 90.008 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.008. Public Access

Sec. 90.008.  PUBLIC ACCESS.  (a)  Except as otherwise allowed by law, a person may not restrict, obstruct, interfere with, or limit public recreational use of a protected freshwater area.(b)  This section does not allow the public to use private property to gain access to a protected freshwater area without permission of the landowner.|Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.|
TX Pks & Wildlife Code § 90.0085 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.0085. Camping and Building Fires Prohibited in Certain Areas

Sec. 90.0085.  CAMPING AND BUILDING FIRES PROHIBITED IN CERTAIN AREAS.  (a) This section applies to a section of the Blanco River that is not located in a county adjacent to a county with a municipality with a population greater than 1.5 million.(b)  Notwithstanding Section 90.008(a), a person may not camp or build a fire in a dry riverbed.|Added by Acts 2015, 84th Leg., R.S., Ch. 664 (H.B. 3618), Sec. 1, eff. September 1, 2015.|
TX Pks & Wildlife Code § 90.009 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.009. Motor Vehicle Recreation Sites

Sec. 90.009.  MOTOR VEHICLE RECREATION SITES.  (a)  The department shall establish a program to identify and to facilitate the development of motor vehicle recreation sites that are not located in or on a protected freshwater area.  The department shall seek the cooperation of political subdivisions, landowners, nonprofit groups, and other interested persons in identifying and facilitating the development of motor vehicle recreation sites under this subsection.(b)  The department shall seek and use funding from the federal government and other sources outside the general revenue fund to identify and facilitate the development of motor vehicle recreation sites under Subsection (a).|Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.|
TX Pks & Wildlife Code § 90.010 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.010. Enforcement

Sec. 90.010.  ENFORCEMENT.  All peace officers of this state shall enforce the provisions of this chapter.|Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.|
TX Pks & Wildlife Code § 90.011 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle I - Protected Freshwater Areas|Chapter 90 - Access to Protected Freshwater Areas|Section 90.011. Penalty

Sec. 90.011.  PENALTY.  (a)  A person commits an offense if the person violates Section 90.002, 90.008, or 90.0085.(b)  Except as provided by Subsection (c), an offense under Subsection (a) is a Class C misdemeanor.(c)  If it is shown on the trial of an offense under this section that the defendant was previously convicted two or more times under Section 90.002 or 90.008, on conviction the defendant shall be punished for a Class B misdemeanor.(d)  Each violation under this section is a separate offense.(e)  Notwithstanding Section 12.403 of this code, Subchapter B, Chapter 12, Penal Code, applies to punishments under this section.|Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.Amended by: Acts 2015, 84th Leg., R.S., Ch. 664 (H.B. 3618), Sec. 2, eff. September 1, 2015.|
TX Pks & Wildlife Code § 91.009 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 6 - Compacts|Chapter 91 - Gulf States Compact|Article XIII.|Section 91.009. Notice of Meetings

Sec. 91.009.  NOTICE OF MEETINGS.  For informational purposes, the department shall file with the secretary of state notice of compact meetings for publication in the Texas Register.|Added by Acts 1985, 69th Leg., ch. 612, Sec. 2, eff. Sept. 1, 1985.|
TX Pks & Wildlife Code § 114.011 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 7 - Local and Special Laws|Chapter 114 - Bell County|Subchapter B. Stillhouse Hollow Reservoir|Section 114.011. Hunting Prohibited

Sec. 114.011.  HUNTING PROHIBITED.  (a)  Except as provided by Subsection (b) of this section, no person on the water of Stillhouse Hollow Reservoir in Bell County or on land that is owned by the federal government and that is adjacent to Stillhouse Hollow Reservoir may hunt any wild bird or animal.(b)  A person may hunt birds on the water of Stillhouse Hollow Reservoir in Bell County or on land that is owned by the federal government and that is adjacent to Stillhouse Hollow Reservoir during the open season only if:(1)  the person is at least 600 feet from the nearest private property line when the person shoots the gun;  and(2)  the person uses a shotgun.(c)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.|Added by Acts 1981, 67th Leg., p. 2102, ch. 486, Sec. 1, eff. Aug. 31, 1981.  Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.|