reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.019. Employees as Peace Officers

Sec. 11.019.  EMPLOYEES AS PEACE OFFICERS.  (a)  The director may commission as peace officers any of the employees provided for in the general appropriations act.
(b)  Law enforcement officers commissioned by the director have the same powers, privileges, and immunities as peace officers coextensive with the boundaries of this state.
(c)  Law enforcement officers commissioned by the director have the same authority as a sheriff to arrest, serve criminal or civil process, and require aid in serving criminal or civil process coextensive with the boundaries of this state.
(d)  A law enforcement officer commissioned by the director may arrest without a warrant any person in this state found in the act of violating any law.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 122, ch. 29, Sec. 2, eff. April 19, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0191. Enforcement of Code

Sec. 11.0191.  ENFORCEMENT OF CODE.  Law enforcement officers commissioned by the director and any other peace officers have the authority to enforce all provisions of this code.
Added by Acts 1983, 68th Leg., p. 123, ch. 29, Sec. 3, eff. April 19, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0192. Purchase of Badge by Retiring Peace Officer or Survivor

Sec. 11.0192.  PURCHASE OF BADGE BY RETIRING PEACE OFFICER OR SURVIVOR.  (a)  A peace officer commissioned by the director who is honorably retired from his commission by the department may purchase for an amount set by the department, not to exceed fair market value, one badge issued to the officer by the department.  The purchase must be made before the second anniversary of the date of the officer's retirement.
(b)  If a peace officer commissioned by the director dies while commissioned, whether or not the death occurred in the discharge of the officer's official duties as a peace officer, the following persons, in descending order of precedence, may purchase a badge issued to the officer under the same conditions imposed on a purchase by a retiring officer by Subsection (a) of this section:
(1)  the surviving spouse of the officer;
(2)  any children of the officer;  or
(3)  the parents of the officer.
Added by Acts 1987, 70th Leg., ch. 763, Sec. 1, eff. Aug. 31, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0193. Purchase of Firearm From Department by Commissioned Peace Officer

Sec. 11.0193.  PURCHASE OF FIREARM FROM DEPARTMENT BY COMMISSIONED PEACE OFFICER.  (a)  An employee commissioned by the director as a peace officer may purchase for an amount set by the department, not to exceed fair market value, a firearm issued to the person by the department if:
(1)  the firearm is not listed as a prohibited weapon under Section 46.05, Penal Code; and
(2)  the firearm is retired by the department for replacement purposes.
(b)  The commission may adopt rules for the sale of a retired firearm under this section to a peace officer commissioned by the director.
Added by Acts 2009, 81st Leg., R.S., Ch. 475 (S.B. 417), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0195. Use of Funds to Support Peace Officer Training

Sec. 11.0195.  USE OF FUNDS TO SUPPORT PEACE OFFICER TRAINING.  The department, subject to director approval, may use appropriated funds to purchase food and beverages for training functions required of peace officers of the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1270 (H.B. 78), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.020. Deputy Game Wardens

Sec. 11.020.  DEPUTY GAME WARDENS.  (a)  The director may commission deputy game wardens to serve at the will of the director.  Provided, however, that no deputy game warden commissioned under this section may be commissioned for a period of longer than four years.  At the expiration of each four-year commission the deputy game warden shall be eligible for recommission.
(b)  The commission shall make regulations to govern the qualifications, conduct, and duties of commissioned deputy game wardens.  The director shall implement an education course which includes training in pertinent aspects of a game warden's duties.  Completion of this course shall be a prerequisite to any person obtaining a commission as deputy game warden.
(c)  A commissioned deputy game warden may enforce state laws relating to hunting and fishing and to the preservation and conservation of wildlife and marine animals.  The department shall prescribe the geographical area in which a deputy game warden may operate, except that a deputy game warden may not operate on the coastal waters, bays, or estuaries of this state.  At all times when any commissioned deputy game warden is on duty or is acting in an official capacity he shall carry official identification and shall wear an official badge which is clearly visible.  A commissioned deputy game warden must present his official identification to any person he believes is violating this code before the deputy game warden makes an investigation or arrest.  A commissioned deputy game warden shall purchase and wear at all times when on duty or acting in an official capacity a uniform prescribed by the department.
(d)  A deputy game warden must file an oath and a bond in the amount of $2,000 payable to the department at the time he receives the commission.
(e)  Commissioned deputy game wardens serve without compensation from the state, but the department may expend necessary funds to support and maintain this responsibility.
Added by Acts 1977, 65th Leg., p. 650, ch. 241, Sec. 1, eff. May 25, 1977.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0201. Special Game Wardens

Sec. 11.0201.  SPECIAL GAME WARDENS.  (a)  The director may commission as a special game warden an honorably retired commissioned game warden of the department.
(b)  An applicant for a special game warden commission must meet the minimum standards for licensing of a peace officer under the rules adopted by the Texas Commission on Law Enforcement.
(c)  Except as provided by Subsection (d) of this section, a special game warden is subject to the orders of the director for special duty to the same extent as other law enforcement officers commissioned under this subchapter.
(d)  A special game warden may enforce only:
(1)  provisions of this code;
(2)  regulations promulgated by the commission;
(3)  provisions of the Penal Code;  and
(4)  other state laws intended to protect life or property, except a law that regulates the use of a motor vehicle on state highways.
(e)  The department may assign a special game warden for duty in any area of the state, under the authority of the department's supervisory personnel in that area.
(f)  The director has authority over the law enforcement activities of a special game warden regardless of whether the special game warden is on active or inactive status.
(g)  The commission by rule shall establish standards governing the conduct and duties of special game wardens.
(h)  Before the director may issue a special game warden commission, the applicant must file an oath and a bond in the amount of $2,500. The bond must be executed by a surety company authorized to do business in this state, must indemnify all persons against damages resulting from an unlawful act of the special game warden, and must be payable to the department at the time the applicant receives the commission.
(i)  A special game warden commission expires on August 31 of the second calendar year following the year in which the commission is granted.  At expiration of the commission, a special game warden is eligible for recommission.  A special game warden serves at the will of the director.
(j)  The commission by rule shall determine compensation for the services of a special game warden.  Compensation for a special game warden may not exceed the actual value of the services rendered by the special game warden.
Added by Acts 1991, 72nd Leg., ch. 212, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.59, eff. May 18, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.021. Information Concerning Qualifications and Responsibilities

Sec. 11.021.  INFORMATION CONCERNING QUALIFICATIONS AND RESPONSIBILITIES.  The director or the director's designee shall provide to commission members and department employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 12, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 18, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.022. Equal Opportunity Employment

Sec. 11.022.  EQUAL OPPORTUNITY EMPLOYMENT.  (a)  The director or the director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the department to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the department's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must be:
(1)  updated annually;
(2)  reviewed by the state Commission on Human Rights for compliance with Subsection (b);  and
(3)  filed with the governor's office.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 13, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 19, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.023. Career Ladder Program

Sec. 11.023.  CAREER LADDER PROGRAM.  The director or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry level positions concurrently with any public posting.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 14, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.024. Performance Evaluations

Sec. 11.024.  PERFORMANCE EVALUATIONS.  The director or his designee shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay for department employees must be based on the system established under this section.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 15, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.025. Audit

Sec. 11.025.  AUDIT.  The financial transactions of the department are subject to audit by the state auditor in accordance with Chapter 321, Government Code.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 16, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 584, Sec. 90, eff. Sept. 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0255. Evaluation of Construction Projects

Sec. 11.0255.  EVALUATION OF CONSTRUCTION PROJECTS.  (a)  The department shall calculate the costs of each department construction project as the project is completed.
(b)  In calculating the costs under Subsection (a), the department shall consider both direct and indirect costs of department employees who perform project tasks.
(c)  On request, the comptroller shall provide technical assistance to the department.
(d)  Using the costs calculated under this section for completed projects, the department shall evaluate the costs and benefits of contracting with private entities or individuals to manage proposed construction-related tasks or projects.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 20, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 24 (S.B. 706), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.026. Gifts of Property or Money

Sec. 11.026.  GIFTS OF PROPERTY OR MONEY.  (a)  Except as provided by Subsection (b), the department may accept gifts of property or money in support of any department purpose authorized in this code.
(b)  The department may not accept a gift or other donation from a person who holds a commercial license issued by the department.  For the purposes of this section, a license issued under Subchapter D, Chapter 43, is not a commercial license.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 17, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 21, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0261. Prohibition Against Acceptance of Gifts, Gratuities, and Other Things of Value; Exception

Sec. 11.0261.  PROHIBITION AGAINST ACCEPTANCE OF GIFTS, GRATUITIES, AND OTHER THINGS OF VALUE;  EXCEPTION.  (a)  Except as provided by Subsection (b), a person who is a member of the commission or an employee of the department may not accept a gift, gratuity, or other thing of value, including travel, from a person who:
(1)  is employed by or participates in the management of a business entity or other organization that receives funds from the department;
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization that receives funds from the department;
(3)  is a person a significant portion of whose business consists of furnishing goods or services to an entity or organization described by Subdivision (1) or (2);  or
(4)  is an agent, representative, attorney, employee, officer, owner, director, or partner of an entity, organization, or person described by Subdivision (1), (2), or (3).
(b)  A department employee may accept reimbursement for travel expenses from the official nonprofit partner designated by the commission under Section 11.205 if:
(1)  the employee has sufficiently documented the expense;  and
(2)  the expense arose out of the performance of an activity related to an employee's official duties regarding the partner.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 4, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 22, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0262. Certain Gratuities Authorized

Sec. 11.0262.  CERTAIN GRATUITIES AUTHORIZED.  (a)  An employee of the state parks division of the department may accept a gratuity if:
(1)  the employee, as a primary job duty, serves food or beverages in a restaurant, cafeteria, or other food service establishment located within a state park and owned and operated by the department;
(2)  the employee, as an auxiliary duty in performance of a regular duty renders a special customer service to an individual or group;
(3)  the gratuity is offered by a customer:
(A)  of the restaurant, cafeteria, food service establishment, or hospitality unit of the state parks division in appreciation of being served food or beverages by the employee; or
(B)  of a hospitality unit of the state parks division, in appreciation of receiving some other customer service from the employee;
(4)  the department has designated the employee as an employee authorized to accept a gratuity; and
(5)  the employee reports the gratuity in accordance with commission rules.
(b)  The commission may adopt rules necessary to implement this section.
Added by Acts 2005, 79th Leg., Ch. 639 (H.B. 2685), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 15, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.027. Establishment of Fees; Revenue

Sec. 11.027.  ESTABLISHMENT OF FEES;  REVENUE.  (a)  In setting the amounts of the fees authorized by this code, the commission shall establish reasonable and necessary fees for the administration of department programs but may not maintain unnecessary fund balances.
(b)  The commission by rule may establish and provide for the collection of a fee to cover costs associated with the review of an application for a permit required by this code.
(c)  The department may sell any item in the possession of the department in which the state has title, or acquire and resell items if a profit can be made, to provide funding for programs administered by the department.
(d)  The commission may set and charge a fee for the use of a credit card to pay a fee assessed by the department in an amount reasonable and necessary to reimburse the department for the costs involved in the use of the card.  The department shall deposit the money in the state treasury.
(e)  The commission by rule may establish and provide for the collection of a fee for entering, reserving, or using a facility or property owned or managed by the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 18, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 780, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 447, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1256, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0271. Public Hunting Drawing; Fees

Sec. 11.0271.  PUBLIC HUNTING DRAWING;  FEES.  (a)  The department may conduct public drawings to select applicants for public hunting privileges.  The department may charge each person who participates in the drawing a nonrefundable participation fee in addition to any fee for issuing a hunting permit or license.  The participation fee shall be set by the commission in an amount sufficient to pay the costs of operating the drawing.
(b)  The commission may approve participation fees, not to exceed $25 per species for each participant on an application, in drawings for special hunting programs, packages, or events that exceed the costs of operating the drawing only if the fees charged are designated for use in the management and restoration efforts of the specific wildlife program implementing each special hunting program, package, or event.
Added by Acts 1993, 73rd Leg., ch. 635, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 78, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0272. Public Fishing and Special Events Drawing; Fees

Sec. 11.0272.  PUBLIC FISHING AND SPECIAL EVENTS DRAWING;  FEES.  (a)  The department may conduct public drawings to select applicants for public fishing or other special events privileges.  The department may charge each person who participates in the drawing a nonrefundable participation fee in addition to any fee for issuing a permit or fishing license.  The participation fee shall be set by the commission in an amount sufficient to pay the costs of operating the drawing.
(b)  The commission may approve participation fees, not to exceed $25 per species or event for each participant on an application, in drawings for special fishing or other special programs, packages, or events the costs of which exceed the costs of operating the drawing only if the receipts from fees charged are designated for use in the management and restoration efforts of the specific fishery or resource program implementing each special fishing or other special program, package, or event.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.028. Volunteer Services

Sec. 11.028.  VOLUNTEER SERVICES.  (a)  The department may use the services of volunteers to help carry out the duties and responsibilities of the department, provided, however, that volunteers shall not be used to enforce provisions of this code or to carry out department duties and responsibilities on private property unless the landowner has consented to the activity.
(b)  The department may accept funds raised by a volunteer or volunteer group to promote the work of the department and to help carry out its duties and responsibilities.  The department may use the funds for the specific project or purpose for which the funds are intended.
(c)  The director may waive park entrance fees and facility use fees for a volunteer to assist in the accomplishment of the volunteer's service to the department.
(d)  The executive director may expend funds appropriated to the department from dedicated funding sources for:
(1)  the establishment of an insurance program to protect volunteers in the performance of volunteer service;
(2)  recognition of the services of a volunteer or volunteer groups.
(e)  The commission shall authorize the administrator of a state park to provide passes to the state park to members of nonprofit youth groups who volunteer to help carry out the duties and responsibilities of the department at the park.  For purposes of this subsection, "nonprofit youth group" means a nonprofit organization that:
(1)  is chartered as a national or statewide organization;
(2)  is organized and operated exclusively for youth recreational or educational purposes and that includes, as part of the group's program, components relating to:
(A)  character development;
(B)  citizenship training;
(C)  physical and mental fitness;  and
(D)  prevention of drug abuse;
(3)  has been in existence for at least 10 years;  and
(4)  has a membership of which at least 65 percent are younger than 22 years of age.
Added by Acts 1991, 72nd Leg., ch. 910, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1999, 76th Leg., ch. 257, Sec. 1, eff. May 28, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0281. Volunteer Liability and Immunity

Sec. 11.0281.  VOLUNTEER LIABILITY AND IMMUNITY.  (a)  In this section, "volunteer" means a person rendering services for or on behalf of the department without the expectation of receiving monetary compensation from the department other than reimbursement for expenses incurred by the person during the performance of the service.  The term does not include:
(1)  a person performing services as a result of a community service or community supervision sentence; or
(2)  an inmate providing labor pursuant to Section 497.091, Government Code, or similar law.
(b)  Except as provided by Subsection (c), a volunteer while acting within the course and scope of the volunteer's assignment for the department is immune from civil liability for any act or omission of the volunteer resulting from the operation or use of a motor-driven vehicle or motor-driven equipment owned or leased by the department.
(c)  This section does not apply to an act or omission that is intentional, wilfully negligent, or done with conscious indifference or reckless disregard for the safety of others.
(d)  The department shall, from any funds appropriated to the department, compensate a claimant for property damage, personal injury, or death proximately caused by the wrongful act or omission or the negligence of a volunteer acting within the scope of the volunteer's assignment if:
(1)  the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment owned or leased by the department; and
(2)  the volunteer would be personally liable to the claimant under the laws of this state in the absence of the immunity provided by this section.
(e)  The amount of compensation paid under Subsection (d) may not exceed the maximum amount applicable to a state agency as specified by Section 101.023(a), Civil Practice and Remedies Code.
(f)  A volunteer operating or using a motor-driven vehicle or motor-driven equipment owned or leased by the department who is acting within the course and scope of a volunteer assignment for the department is exempt from the requirements of Chapter 601, Transportation Code.
(g)  Except as provided by Subsection (d), this section does not create any liability of or waive any immunity of the department, employees of the department, or volunteers for the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 184 (S.B. 381), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0285. Donated Building Projects

Sec. 11.0285.  DONATED BUILDING PROJECTS.  (a)  The department may accept the donation of a turnkey building project on state land provided that the department:
(1)  approves the plans and engineering in advance; and
(2)  has supervision over the project.
(b)  A project under this section is not subject to competitive bidding.
(c)  The commission may adopt rules to implement this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1193 (H.B. 3864), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.029. Administration of Oaths

Sec. 11.029.  ADMINISTRATION OF OATHS.  Employees of the department who are designated as provided by the commission may administer oaths in connection with the permitting, licensing, and other functions of the department.
Added by Acts 1991, 72nd Leg., ch. 192, Sec. 1, eff. Sept. 1, 1991. Renumbered from Sec. 11.028 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 8.01(20), eff. Nov. 12, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.030. Disclosure of Personal Customer Information

Sec. 11.030.  DISCLOSURE OF PERSONAL CUSTOMER INFORMATION.  (a)  The name and address and a telephone, social security, driver's license, bank account, credit card, or charge card number of a person who purchases customer products, licenses, or services from the department may not be disclosed, sold, rented, or traded except as authorized under this section or Section 12.014, 12.103, or 12.0251.
(b)  Chapter 552, Government Code, does not apply to customer information described by Subsection (a).
(c)  The commission by rule shall adopt policies relating to:
(1)  the release of the customer information; and
(2)  the use of the customer information by the department.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 935 (S.B. 15), Sec. 15(1), eff. June 18, 2021.
(e)  The commission or department may disclose customer information to a federal or state law enforcement agency if the agency provides a lawfully issued subpoena.
(e-1)  The department may disclose statistical data and compilations of customer information described by Subsection (a) if the information does not reveal information identifying a specific department customer or a department customer's address, telephone number, social security number, or driver's license number.
(e-2)  The department may disclose customer information described by Subsection (a) only:
(1)  to another governmental body, including a law enforcement entity, as needed to carry out a governmental purpose;
(2)  if the customer that is the subject of the information consents in writing to the specific disclosure; or
(3)  if the information is:
(A)  part of a record that is considered to be a public record under Section 31.039; or
(B)  authorized to be disclosed under Section 31.0391.
(e-3)  This section does not authorize the department to disclose information the department is prohibited from disclosing by other law.
(f)  The department and its officers and employees are immune from civil liability for an unintentional violation of this section.
(g)  In this section, a reference to the department includes a reference to an agent of the department.
Added by Acts 1995, 74th Leg., ch. 519, Sec. 1, eff. Aug. 28, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 935 (S.B. 15), Sec. 2, eff. June 18, 2021.
Acts 2021, 87th Leg., R.S., Ch. 935 (S.B. 15), Sec. 15(1), eff. June 18, 2021.
Acts 2023, 88th Leg., R.S., Ch. 247 (S.B. 811), Sec. 2, eff. May 27, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.031. Game, Fish, and Water Safety Account

Sec. 11.031.  GAME, FISH, AND WATER SAFETY ACCOUNT.  There is in the state treasury an account called the "game, fish, and water safety account."
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 546, ch. 260, art. 1, Sec. 1, eff. Sept. 1, 1979;  Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.033. Use of Game, Fish, and Water Safety Account

Sec. 11.033.  USE OF GAME, FISH, AND WATER SAFETY ACCOUNT.  (a)  To the extent allowed by federal law, money in the game, fish, and water safety account may be used for the following purposes:
(1)  enforcement of fish, shrimp, and oyster laws, game laws, and laws pertaining to sand, shell, and gravel;
(2)  dissemination of information pertaining to marine life, wild animal life, wildlife values, and wildlife management;
(3)  scientific investigation and survey of marine life for the better protection and conservation of marine life;
(4)  establishment and maintenance of fish hatcheries, fish sanctuaries, tidal water fish passes, wildlife management areas, and public hunting grounds;
(5)  propagation and distribution of marine life, game animals, and wild birds;
(6)  protection of wild birds, fish, and game;
(7)  purchase, repair, and operation of boats and dredges;
(8)  research, management, and protection of the fish and wildlife resources of this state, including alligators and fur-bearing animals;
(9)  salaries of employees and other expenses necessary to carry out the duties of the department under laws relating to fish, shrimp, oysters, game, water safety, and sand, shell, and gravel;
(10)  expansion and development of additional opportunities of hunting and fishing in state-owned land and water;
(11)  removing rough fish from public water;
(12)  administration and enforcement of the water safety laws as set out in Chapter 31, including administration of the boater education program established under Section 31.108;
(13)  purchasing all necessary forms and supplies, including reimbursement of the department for any material produced by its existing facilities or work performed by other divisions of the department;
(14)  purchase, construction, and maintenance of boat ramps on or near public waters as provided in Chapter 31;
(15)  resource protection activities;
(16)  the cleanup of illegal or abandoned cultivated oyster mariculture equipment and related debris in public water; and
(17)  any other use provided by law.
(b)  The department may use money from license fees paid by hunters and fishermen only for those functions required to manage the fish and wildlife resources of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 547, ch. 260, art. 1, Sec. 1, eff. Sept. 1, 1979;  Acts 1983, 68th Leg., p. 1157, ch. 261, Sec. 1, eff. Aug. 29, 1983;  Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 19, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1256, Sec. 7, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 968, Sec. 23, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 174 (H.B. 1300), Sec. 2, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 235 (H.B. 2755), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.034. Game, Fish, and Water Safety Account Expenditures

Sec. 11.034.  GAME, FISH, AND WATER SAFETY ACCOUNT EXPENDITURES.  All expenditures of the department from the game, fish, and water safety account must be approved by the director.  The comptroller shall draw a warrant on the state treasury from the game, fish, and water safety account for the amount of the expenditure in favor of the person claiming the expenditure.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 546, ch. 260, art. 1, Sec. 1, eff. Sept. 1, 1979;  Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.035. State Parks Account

Sec. 11.035.  STATE PARKS ACCOUNT.  (a)  The state parks account is a separate account in the general revenue fund.
(b)  The department shall deposit to the credit of the state parks account all revenue, less allowable costs, received from the following sources:
(1)  grants or operation of concessions in state parks or fishing piers;
(2)  publications on state parks, state historic sites, or state scientific areas;
(3)  fines or penalties received from violations of regulations governing parks issued pursuant to Subchapter B, Chapter 13;
(4)  fees and revenue collected under Section 11.027(b) or (c) that are associated with state park lands;
(5)  credits made to the department under Section 151.801, Tax Code, in an amount not to exceed the amount of the tax proceeds allocated by the legislature to the account under Section 151.801(c-1), Tax Code, to be used only for the purposes provided by that section;
(6)  money received by the department from carbon sequestration or similar ecosystem services projects described by Section 11.302(b)(2); and
(7)  any other source provided by law.
(c)  The department may deposit to the credit of the state parks account all revenue, less allowable costs, from the following sources:
(1)  private contributions, grants, and donations received for state parks-related purposes; and
(2)  federal funds received for state parks-related purposes.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1991, 72nd Leg., ch. 780, Sec. 3, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 16, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 5, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 82 (S.B. 1366), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 503 (S.B. 26), Sec. 2, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 334 (H.B. 4018), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.037. State Land and Water Conservation Account

Sec. 11.037.  STATE LAND AND WATER CONSERVATION ACCOUNT.  (a)  The state land and water conservation account is a separate account in the general revenue fund.
(b)  The department may deposit in the state land and water conservation account any revenue received from the federal government or any other source for the purpose of administering programs authorized under Sections 13.301 through 13.311 of this code.
(c)  The state land and water conservation account may be used for paying the cost of planning, acquisition, operation, and development of outdoor recreation and conservation resources of the state and the administrative expenses incident to the projects or programs authorized under Sections 13.301 through 13.311 of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 6, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.038. Operating Account

Sec. 11.038.  OPERATING ACCOUNT.  (a)  The parks and wildlife operating account is a separate account in the general revenue fund.
(b)  The commission may transfer any funds appropriated to the department for personal services, travel, consumable supplies and materials, current operating expenses, and capital outlay, as these terms are used in the comptroller's object classification codes of the general appropriations act.  All expenditures by the department from this account shall be made only for the purposes for which appropriations are made in the general appropriations act.
(c)  The parks and wildlife operating account shall be used for the purposes specified by law and nothing may be done by any officer or employee of the department or commission to divert or jeopardize the account or any portion of the account, including any federal aid the department receives or administers.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.040. Mistaken Deposit

Sec. 11.040.  MISTAKEN DEPOSIT.  (a)  Any funds deposited in the state treasury by the department by mistake of fact or mistake of law shall be refunded by warrant issued against the fund and credited against the account in the state treasury into which the money was deposited.  Refunds necessary to make the proper correction shall be appropriated by the general appropriations act.
(b)  The comptroller may require written evidence from the director of the department to indicate the reason for the mistake of fact or law before issuing the refund warrant authorized in Subsection (a) of this section.
(c)  This section does not apply to any funds that have been deposited under a written contract or to any funds on deposit as of June 8, 1971, which are the subject of litigation in any of the courts of this state or the United States.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.041. Transfer of Property

Sec. 11.041.  TRANSFER OF PROPERTY.  (a)  The commission may transfer tangible property, other than money or real estate held for limited purposes, from one division of the department to another division.
(b)  If the property to be transferred was acquired with funds the use of which is limited by law or dedicated in any other manner, and the prospective use of the property is different from the use allowed by law, the department shall transfer from available funds to the fund or account from which the property was acquired the value of the property at the time of the transfer.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.042. Funds Deposited in Treasury

Sec. 11.042.  FUNDS DEPOSITED IN TREASURY.  All money paid to the department under this code or allocated to the department under Section 151.801, Tax Code, other than money received under Subchapter C, Chapter 12, or Chapter 21 of this code, shall be deposited in the State Treasury and may be used only for the administration of this code.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 20, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.043. Texas Parks and Wildlife Conservation and Capital Account

Sec. 11.043.  TEXAS PARKS AND WILDLIFE CONSERVATION AND CAPITAL ACCOUNT.  (a)  The Texas parks and wildlife conservation and capital account is a separate account in the general revenue fund.
(b)  The account consists of:
(1)  credits made to the department under Section 151.801, Tax Code, in an amount not to exceed the amount of the tax proceeds allocated by the legislature to the account under Section 151.801(c-1), Tax Code;
(2)  proceeds of revenue bonds issued under Section 13.0045; and
(3)  money from any other source authorized by law.
(c)  Except as provided by Subsection (d), money in the account may be spent only for acquisition and development, maintenance, or operation of parks, fisheries, and wildlife projects that have been individually approved by the commission.  Projects that directly provide hunting, fishing, or outdoor recreation opportunity to the public shall be given preference for funding under this section.  Approved projects may include:
(1)  acquiring land or facilities for use in any department program;
(2)  developing and improving any land or facility owned or controlled by the department;
(3)  servicing the debt on Texas park development bonds issued under Article III, Section 49-e, of the Texas Constitution or any other bonds issued for parks, fisheries, or wildlife projects;
(4)  local park grants in Chapter 24 of this code;
(5)  initiating or participating in partnerships to enhance conservation of historical, cultural, or natural resources;
(6)  operational and maintenance costs in association with any parks, fisheries, wildlife projects, or department law enforcement efforts in support of this code;  and
(7)  meeting the requirements for providing matching money for any federal grants for parks, fisheries, or wildlife projects.
(d)  The proceeds of bonds issued under Section 13.0045 and deposited to the account may be spent to finance parks and wildlife projects, including the repair, renovation, improvement, and equipping of parks and wildlife facilities.  Money deposited to the credit of the account under Subsection (b)(1) may be used only for the purposes described by Section 151.801(c-1), Tax Code.
(e)  The comptroller may invest money in the account.
Added by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 902, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1423, Sec. 17.01, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1502, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 17, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 82 (S.B. 1366), Sec. 2, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 503 (S.B. 26), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.044. Disposition of Interest on Investments

Sec. 11.044.  DISPOSITION OF INTEREST ON INVESTMENTS.  (a)  Interest received from the investment of money in all accounts of the department in charge of the comptroller shall be allocated monthly to each account in an amount proportionate to the amount of money invested from the account.
(b)  The comptroller may retain from the interest to be allocated monthly an amount equal to the necessary administrative costs of making the allocations.
Added by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 17.02, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.045. Application of Other Law

Sec. 11.045.  APPLICATION OF OTHER LAW.  Section 403.095, Government Code, does not apply to revenues accruing to an account established under this chapter.
Added by Acts 1993, 73rd Leg., ch. 679, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.046. Off-Highway Vehicle Trail and Recreational Area Account

Sec. 11.046.  OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA ACCOUNT.  (a)  The off-highway vehicle trail and recreational area account is a separate account in the general revenue fund.
(b)  The department shall deposit to the credit of the off-highway vehicle trail and recreational area account all revenue, less allowable costs, from the following sources:
(1)  decal fees collected under Chapter 29;
(2)  fines assessed against persons operating off-highway vehicles in violation of Chapter 29 or any other law relating to the operation of off-highway vehicles;
(3)  all funding outside the general revenue fund received by the department under Section 29.007; and
(4)  all interest that accrues to the account.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 2, eff. September 1, 2005.