reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter A. Local Parks for Smaller Counties And › Section 24.012. Account Not to Be Used for Publicity

Sec. 24.012.  ACCOUNT NOT TO BE USED FOR PUBLICITY.  No money credited to the account may be used for publicity or related purposes.
Added by Acts 1979, 66th Leg., p. 1733, ch. 710, Sec. 1, eff. Sept. 1, 1979.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 38, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter A. Local Parks for Smaller Counties And › Section 24.013. Authority of Political Subdivisions to Have Parks

Sec. 24.013.  AUTHORITY OF POLITICAL SUBDIVISIONS TO HAVE PARKS.  This subchapter does not authorize a political subdivision to acquire, develop, maintain, or operate a park, recreational area, open space area, or natural area.
Added by Acts 1979, 66th Leg., p. 1733, ch. 710, Sec. 1, eff. Sept. 1, 1979.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 38, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.051. Definitions

Sec. 24.051.  DEFINITIONS.  In this subchapter:
(1)  "Account" means the large county and municipality recreation and parks account.
(2)  "Cultural resource site or area" means a site or area determined by the commission to have valuable and vulnerable cultural or historical resources.
(3)  "Federal rehabilitation and recovery grants" means matching grants made by the United States to or for political subdivisions for the purpose of rebuilding, remodeling, expanding, or developing existing outdoor or indoor parks, recreational, or open space areas and facilities, including improvements in park landscapes, buildings, and support facilities.
(4)  "Large county or municipality" means a county or municipality with a population of 500,000 or more.
(5)  "Natural area" means a site having valuable or vulnerable natural resources, ecological processes, or rare, threatened, or endangered species of vegetation or wildlife.
(6)  "Nonprofit corporation" means a nonpolitical legal entity incorporated under the laws of this state that has been granted an exemption from federal income tax under Section 501(c), Internal Revenue Code of 1986, as amended.
(7)  "Open space area" means a land or water area for human use and enjoyment that is relatively free of man-made structures.
(8)  "Park" includes land and water parks owned or operated by the state or a political subdivision.
(9)  "Parks, recreational, and open space area plan" means a comprehensive plan that includes information on and analyses of parks, recreational, and open space area objectives, needs, resources, environment, and uses, and that identifies the amounts, locations, characteristics, and potentialities of areas for adequate parks, recreational, and open space opportunities.
(10)  "Political subdivision" means a county, municipality, special district, river authority, or other governmental entity created under the authority of the state or a county or municipality.
(11)  "Underserved population" means any group of people that is:
(A)  low income or inner city, as determined by the last census;
(B)  minority;
(C)  youth, including youth at risk and youth with a physical, developmental, or intellectual disability or mental illness; or
(D)  female.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.052. Large County and Municipality Recreation and Parks Account

Sec. 24.052.  LARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT.  The large county and municipality recreation and parks account is a separate account in the general revenue fund. Money in the account may be used only as provided by this subchapter or Subchapter D, Chapter 13.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 10, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.053. Account Revenue Source; Dedication

Sec. 24.053.  ACCOUNT REVENUE SOURCE; DEDICATION.  (a)  The department shall deposit to the credit of the large county and municipality recreation and parks account:
(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, to be used only for the purposes provided by that section; and
(2)  money from any other source authorized by law.
(b)  The department may deposit to the credit of the large county and municipality recreation and parks account:
(1)  private contributions, grants, and donations received in connection with this subchapter or Subchapter D, Chapter 13; and
(2)  federal funds received in connection with this subchapter or Subchapter D, Chapter 13.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 10, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 82 (S.B. 1366), Sec. 4, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 503 (S.B. 26), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.054. Assistance Grants

Sec. 24.054.  ASSISTANCE GRANTS.  (a)  The department may make grants of money from the account to a large county or municipality for use by the county or municipality as all or part of the county's or municipality's required share of funds for eligibility for receiving a federal rehabilitation and recovery grant.
(b)  In order to receive a grant under this section, the county or municipality seeking the federal grant shall apply to the department for the grant and present evidence that the county or municipality qualifies for the federal grant.
(c)  A grant under this section is conditioned on the county or municipality qualifying for and receiving the federal grant.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.055. Direct State Matching Grants

Sec. 24.055.  DIRECT STATE MATCHING GRANTS.  (a)  The department shall make grants of money from the account to a large county or municipality to provide one-half of the costs of the planning, acquisition, or development of a park, recreational area, or open space area to be owned and operated by the county or municipality.
(b)  In establishing the program of grants under this section, the department shall adopt rules and regulations for grant assistance.
(c)  Money granted to a county or municipality under this section may be used for the operation and maintenance of parks, recreational areas, cultural resource sites or areas, and open space areas only:
(1)  if the park, site, or area is owned or operated and maintained by the department and is being transferred by the commission for public use to the county or municipality for operation and maintenance; and
(2)  during the period the commission determines to be necessary to effect the official transfer of the park, site, or area.
(d)  The department shall make grants of money from the account to a large county or municipality or to a nonprofit corporation for use in a large county or municipality for recreation, conservation, or education programs for underserved populations to encourage and implement increased access to and use of parks, recreational areas, cultural resource sites or areas, and open space areas by underserved populations.
(e)  The department may provide from the account for direct administrative costs of the programs described by this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.056. Funds for Grants to Large Counties and Municipalities

Sec. 24.056.  FUNDS FOR GRANTS TO LARGE COUNTIES AND MUNICIPALITIES.  When state revenue to the large county and municipality recreation and parks account exceeds $14 million per year, an amount not less than 15 percent shall be made available for grants to large counties and municipalities for up to 50 percent of the cost of acquisition or development of indoor public recreation facilities for indoor recreation programs, sports activities, nature programs, or exhibits.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 10, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.057. Account Use to Be Consistent With Plans

Sec. 24.057.  ACCOUNT USE TO BE CONSISTENT WITH PLANS.  No grant may be made under Section 24.055 nor may account money be used under Section 24.056 unless:
(1)  there is a present or future need for the acquisition and development of the property for which the grant is requested or the use is proposed; and
(2)  a written statement is obtained from the regional planning commission having jurisdiction of the area in which the property is to be acquired and developed that the acquisition and development is consistent with local needs.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.058. Acquisition of Property

Sec. 24.058.  ACQUISITION OF PROPERTY.  (a)  No property may be acquired with grant money made under this subchapter or by the department under this subchapter if the purchase price exceeds the fair market value of the property as determined by one independent appraiser.
(b)  Property may be acquired with provision for a life tenancy if that provision facilitates the orderly and expedient acquisition of the property.
(c)  If land or water designated for park, recreational, cultural resource, or open space use is included in the local and regional park, recreational, cultural resource, and open space plans for two or more large counties or municipalities, the two or more large counties or municipalities may cooperate under state law to secure assistance from the account to acquire or develop the property. In those cases, the department may modify the standards for individual applicants but must be assured that a cooperative management plan for the land or water can be developed and effectuated and that one of the counties or municipalities possesses the necessary qualifications to perform contractual responsibilities for purposes of the grant.
(d)  All land or water purchased with assistance from the account shall be dedicated for park, recreational, cultural resource, indoor recreation center, and open space purposes in perpetuity and may not be used for any other purpose, except where the use is compatible with park, recreational, cultural resource, and open space objectives, and the use is approved in advance by the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.059. Payments, Records, and Accounting

Sec. 24.059.  PAYMENTS, RECORDS, AND ACCOUNTING.  (a)  On the approval of a grant under this subchapter and on the written request by the director, the comptroller shall issue a warrant drawn against the large county and municipality recreation and parks account and payable to the county, municipality, or nonprofit corporation in the amount specified by the director.
(b)  Each recipient of assistance under this subchapter shall keep records as required by the department, including records that fully disclose the amount and the disposition of the proceeds by the recipient, the total cost of the acquisition, a copy of the title and deed for the property acquired, the amount and nature of that portion of the cost of the acquisition supplied by other funds, and other records that facilitate effective audit. The director and the comptroller, or their authorized representatives, may examine any book, document, paper, and record of the recipient that are pertinent to assistance received under this subchapter.
(c)  The recipient of funds under this subchapter shall, on each anniversary date of the grant for five years after the grant is made, furnish to the department a comprehensive report detailing the present and anticipated use of the property, any contiguous additions to the property, and any major changes in the character of the property, including the extent of park development that may have taken place.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.060. Noncompliance With Subchapter

Sec. 24.060.  NONCOMPLIANCE WITH SUBCHAPTER.  The attorney general shall file suit in a court of competent jurisdiction against a county, municipality, or nonprofit corporation that fails to comply with the requirements of this subchapter to recover the full amount of the grant plus interest on that amount of five percent a year accruing from the time of noncompliance or for injunctive relief to require compliance with this subchapter. If the court finds that the county, municipality, or nonprofit corporation has not complied with the requirements of this subchapter, it is not eligible for further participation in the program for three years following the finding for noncompliance.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.061. Account Not to Be Used for Publicity

Sec. 24.061.  ACCOUNT NOT TO BE USED FOR PUBLICITY.  No money credited to the account may be used for publicity or related purposes.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 24 - State Assistance for Local Parks › Subchapter B. Parks for Large Counties and Municipalities › Section 24.062. Authority of Large County or Municipality to Have Parks

Sec. 24.062.  AUTHORITY OF LARGE COUNTY OR MUNICIPALITY TO HAVE PARKS.  This subchapter does not authorize a large county or municipality to acquire, develop, maintain, or operate a park, recreational area, open space area, or natural area.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 39, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 25 - Water District and River Authority Parks › Section 25.001. State Policy; Legislative Findings

Sec. 25.001.  STATE POLICY;  LEGISLATIVE FINDINGS.  (a)  The policy of the legislature and the intent of this chapter are to encourage the conservation and development of water in the state and water-related land areas for public recreation.
(b)  The legislature finds:
(1)  that the use of water resources in the state for public recreation is a useful purpose;
(2)  that the conservation and development of water resources for public recreation purposes are public rights and duties;  and
(3)  that the acquisition and improvement of land areas related to water resources for public recreation purposes are essential to the maximum beneficial use of water resources for public recreation purposes.
Added by Acts 1983, 68th Leg., p. 1033, ch. 235, art. 6, Sec. 1(a), eff. Sept. 1, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 25 - Water District and River Authority Parks › Section 25.002. Definition

Sec. 25.002.  DEFINITION.  In this chapter "district" means a district or authority created under Article XVI, Section 59, of the Constitution of Texas.
Added by Acts 1983, 68th Leg., p. 1033, ch. 235, art. 6, Sec. 1(a), eff. Sept. 1, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 25 - Water District and River Authority Parks › Section 25.003. General Powers

Sec. 25.003.  GENERAL POWERS.  (a)  Each district shall:
(1)  conserve and develop water resources in this state for public recreation purposes in compliance with the provisions of Title 2, Water Code;   and
(2)  acquire and improve for park purposes any lands adjacent to or in the vicinity of any public water or any other impounded water available to the public if the governing body of the district finds that the acquisition or improvement is necessary or desirable to enhance the beneficial use of such water for public recreation purposes.
(b)  A finding under Subdivision (2) of Subsection (a) of this section is conclusive.
Added by Acts 1983, 68th Leg., p. 1033, ch. 235, art. 6, Sec. 1(a), eff. Sept. 1, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 25 - Water District and River Authority Parks › Section 25.004. Rules; Fees; Abandonment of Projects

Sec. 25.004.  RULES;  FEES;  ABANDONMENT OF PROJECTS.  A district may:
(1)  adopt and enforce reasonable rules relating to the use, operation, management, administration, and policing of its water-related park areas as it considers appropriate;
(2)  fix, impose, and collect reasonable fees, tolls, rents, rates, and charges for entry to and use of water-related park areas and their facilities as necessary or desirable;  and
(3)  abandon the use of all or any part of any public recreation project authorized by this chapter.
Added by Acts 1983, 68th Leg., p. 1033, ch. 235, art. 6, Sec. 1(a), eff. Sept. 1, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 25 - Water District and River Authority Parks › Section 25.005. Leases, Concessions, Franchises, and Agreements

Sec. 25.005.  LEASES, CONCESSIONS, FRANCHISES, AND AGREEMENTS.  A district may make, grant, accept, and enter into leases, concessions, franchises, and rental, operating, and other agreements relating to the water-related park areas or their facilities that the governing body deems necessary or convenient to carry out any of the purposes and powers granted in this chapter on the terms and conditions and for the periods of time as may be prescribed.  The lease, concession, franchise, or agreement may be entered into with any person.
Added by Acts 1983, 68th Leg., p. 1033, ch. 235, art. 6, Sec. 1(a), eff. Sept. 1, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 25 - Water District and River Authority Parks › Section 25.006. Use of Other Powers

Sec. 25.006.  USE OF OTHER POWERS.  (a)  Except as provided by Subsection (b) of this section, to accomplish the purposes of this chapter, each district has the same powers, authority, rights, privileges, and modes of procedure as are provided by applicable law to accomplish any other corporate purpose.
(b)  A district may exercise the powers granted by this chapter without regard to any provision, restriction, or limitation of any general or special law or specific act and may exercise the powers granted by this chapter as an alternative to the powers of all other laws relating to the same subject or combine those powers in whole or in part.  This chapter does not authorize any fee or charge for boat inspection, fishing, or other activity on the water of the state or the exercise of the power of eminent domain.
Added by Acts 1983, 68th Leg., p. 1033, ch. 235, art. 6, Sec. 1(a), eff. Sept. 1, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 26 - Protection of Public Parks and Recreational Lands › Section 26.001. Protected Land; Notice of Taking

Sec. 26.001.  PROTECTED LAND;  NOTICE OF TAKING.  (a)  A department, agency, political subdivision, county, or municipality of this state may not approve any program or project that requires the use or taking of any public land designated and used prior to the arrangement of the program or project as a park, recreation area, scientific area, wildlife refuge, or historic site, unless the department, agency, political subdivision, county, or municipality, acting through its duly authorized governing body or officer, determines that:
(1)  there is no feasible and prudent alternative to the use or taking of such land;  and
(2)  the program or project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking.
(b)  A finding required by Subsection (a) of this section may be made only after notice and a hearing as required by this chapter.
(c)  The governing body or officer shall consider clearly enunciated local preferences, and the provisions of this chapter do not constitute a mandatory prohibition against the use of the area if the findings are made that justify the approval of a program or project.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec. 2(a), eff. Sept. 1, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 26 - Protection of Public Parks and Recreational Lands › Section 26.002. Notice of Hearing

Sec. 26.002.  NOTICE OF HEARING.  (a)  When any program or project requires notice and a public hearing before approval, the notice must be given in writing to the person, organization, department, or agency that has supervision of the land proposed to be used or taken.
(b)  The notice must state clearly the proposed program or project and the date and place for the public hearing.  The notice must be given at least 30 days before the date for the public hearing.
(c)  Notice must also be given to the public by publishing a notice similar to that specified in this section once a week for three consecutive weeks.  The last days of publication must not be less than one week or more than two weeks before the date of the hearing.  The notice must be published in a newspaper of general circulation, which paper must be published at least six days a week in the county where the land proposed to be used or taken is situated.
(d)  If there is no newspaper that qualifies under Subsection (c) of this section, the notice must be published in a qualifying newspaper that is published in any county adjoining the county where the land is situated.  If there is no qualifying newspaper published in any adjoining county, then the notice must be published in a qualifying newspaper published in the nearest county to the county where the land is situated.  If there is no qualifying daily newspaper published therein, the notice must be published in any newspaper of general circulation published in the political subdivision affected.  If no newspaper is published in the political subdivision, the notice must be published in a newspaper published in the political subdivision nearest the political subdivision affected.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec. 2(a), eff. Sept. 1, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 26 - Protection of Public Parks and Recreational Lands › Section 26.003. Limitations on Judicial Review

Sec. 26.003.  LIMITATIONS ON JUDICIAL REVIEW.  A petition for the judicial review of the approval or disapproval of a program or project under this chapter must be filed within 30 days after the approval or disapproval is announced, or the review is barred.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec. 2(a), eff. Sept. 1, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 26 - Protection of Public Parks and Recreational Lands › Section 26.004. Excluded Lands

Sec. 26.004.  EXCLUDED LANDS.  A department, agency, board, or political subdivision having control of the public land is not required to comply with this chapter if:
(1)  the land is originally obtained and designated for another public use and is temporarily used as a park, recreation area, or wildlife refuge pending its use for the originally designated purpose;
(2)  the program or project that requires the use or taking of the land being used temporarily as a park, recreation area, or wildlife refuge is the same program or project for which the land was originally obtained and designated;  and
(3)  the land has not been designated by the department, agency, political subdivision, county, or municipality for use as a park, recreation area, or wildlife refuge before September 1, 1975.
Added by Acts 1983, 68th Leg., p. 1035, ch. 235, art. 6, Sec. 2(a), eff. Sept. 1, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 28 - Texas Trails System › Section 28.001. Establishment

Sec. 28.001.  ESTABLISHMENT.  The Texas Trails System is established under the administration of the department.  The purposes of the system are to provide high-quality outdoor recreational, scenic, historic, and expedition trails and to promote the use and encourage the development of trails within the system.
Added by Acts 1983, 68th Leg., p. 5165, ch. 937, Sec. 1, eff. Aug. 29, 1983.  Renumbered from Sec. 25.001 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(37), eff. Sept. 1, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 28 - Texas Trails System › Section 28.002. System Administration

Sec. 28.002.  SYSTEM ADMINISTRATION.  (a)  The department may:
(1)  develop a trails master plan for the orderly development of trails;
(2)  designate qualifying trails within the state park system or on state lands as components of the trail system;
(3)  enter into negotiations with federal, state, regional, local, and private agencies that administer trails to allow their trails to be included in the system;
(4)  designate federal, state, regional, local, and private trails as components of the system after obtaining the consent of the owner or administering agency;
(5)  remove trails from the system at the request of the owner or administering agency or to maintain the quality of the system;
(6)  develop criteria and standards for trails in the system;
(7)  classify trails in the system as recreational, scenic, historic, or expedition trails;
(8)  provide a standardized terminology for trails within the system;
(9)  provide a uniform marker for the trails within the system;
(10)  provide technical assistance in planning or building trails to potential trail administrators;  and
(11)  publish information about the system to ensure public knowledge of the existence of the system and to encourage its use.
(b)  The commission may adopt rules or take any other action necessary to implement this chapter.
Added by Acts 1983, 68th Leg., p. 5165, ch. 937, Sec. 1, eff. Aug. 29, 1983.  Renumbered from Sec. 25.002 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(37), eff. Sept. 1, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 28 - Texas Trails System › Section 28.004. Classification

Sec. 28.004.  CLASSIFICATION.  (a)  The department shall classify trails in the system according to the classifications established in this section.  A trail may have more than one classification or may be composed of several trails with different classifications.  A trail may not include the main travelway portions of highways, roads, or streets that are provided primarily for motor vehicle traffic or motor vehicle travel routes that exist or may be established on such travelways.
(b)  A recreational trail is a trail that:
(1)  is in or near an urban area;  and
(2)  is primarily used for recreational or health benefits.
(c)  A scenic trail is a trail that:
(1)  is in a rural or urban area;
(2)  is in an area containing natural and scenic qualities of at least regional significance;  and
(3)  is primarily used for enjoyment of its scenic qualities and vistas, such as travel through or to a natural environment.
(d)  A historic trail is a trail that:
(1)  is in a rural or urban area;
(2)  provides access to or between historic sites, structures, or monuments of regional or statewide significance;  and
(3)  is used primarily for its historic connotations, such as the significance of a historic structure or the presentation of a historic episode.
(e)  An expedition trail is a trail that:
(1)  is in a rural area;
(2)  provides extended travel through scenic and natural areas of regional or statewide significance;  and
(3)  may require some travel preparation.
Added by Acts 1983, 68th Leg., p. 5165, ch. 937, Sec. 1, eff. Aug. 29, 1983.  Renumbered from Sec. 25.004 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(37), eff. Sept. 1, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 29 - Off-Highway Vehicle Trail and Recreational Area Program › Section 29.001. Definition

Sec. 29.001.  DEFINITION.  In this chapter, "off-highway vehicle" means:
(1)  an off-highway vehicle, as defined by Section 551A.001, Transportation Code;
(2)  an off-highway motorcycle; or
(3)   any other motorized vehicle used for off-highway recreation on:
(A)  public land over which the department has authority or on land purchased or leased by the department; or
(B)  land acquired or developed under a grant made under Section 29.008 or any other grant program operated or administered by the department.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1280 (H.B. 3849), Sec. 2, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1136 (H.B. 2553), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 895 (H.B. 1044), Sec. 2, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1233 (H.B. 1548), Sec. 7, eff. June 14, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 29 - Off-Highway Vehicle Trail and Recreational Area Program › Section 29.002. Establishment and Operation

Sec. 29.002.  ESTABLISHMENT AND OPERATION.  (a)  The off-highway vehicle trail and recreational area program is established under the administration of the department.  The purposes of the program are to:
(1)  further the establishment of motor vehicle recreation sites under Section 90.009;
(2)  establish and maintain a public system of trails and other recreational areas for use by owners and riders of off-highway vehicles;
(3)  improve existing trails and other recreational areas open to the public for use by owners and riders of off-highway vehicles; and
(4)  foster the responsible use of off-highway vehicles.
(b)  The department shall establish and maintain trails and recreational areas for use by owners and riders of off-highway vehicles:
(1)  on public land over which the department has authority or on land purchased or leased by the department; or
(2)  by making grants to federal agencies, political subdivisions of this state, and nonprofit organizations under Section 29.008.
(c)  The department shall coordinate the implementation and operation of the program established under this chapter with the implementation and operation of the program established under Section 90.009.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 29 - Off-Highway Vehicle Trail and Recreational Area Program › Section 29.003. Off-Highway Vehicle Decal Required; Fee

Sec. 29.003.  OFF-HIGHWAY VEHICLE DECAL REQUIRED; FEE.  (a)  Except as provided by Section 29.004, a person may not operate an off-highway vehicle on public land over which the department has authority, on land purchased or leased by the department, on other public land, or on land purchased or developed under a grant made under Section 29.008 or any other grant program operated or administered by the department on which off-highway vehicle recreation is legal without having obtained and properly mounted an off-highway vehicle decal.
(b)  The fee for an off-highway vehicle decal is $8 or an amount set by the commission, whichever amount is more.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1280 (H.B. 3849), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 29 - Off-Highway Vehicle Trail and Recreational Area Program › Section 29.004. Exemptions

Sec. 29.004.  EXEMPTIONS.  Section 29.003 does not apply to a person that is:
(1)  acting on behalf of the United States, any state, or a political subdivision of the United States or any state;
(2)  participating in a search and rescue operation under the authority or direction of a search and rescue or law enforcement agency; or
(3)  exempt under a rule adopted by the commission.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 29 - Off-Highway Vehicle Trail and Recreational Area Program › Section 29.005. Issuance, Display, and Expiration of Decal

Sec. 29.005.  ISSUANCE, DISPLAY, AND EXPIRATION OF DECAL.  (a)  The department shall issue an off-highway vehicle decal on the payment of the fee under Section 29.003(b).
(b)  The department shall prescribe the form and manner in which the decal must be issued to a person and displayed for use by the person.
(c)  A decal issued under this section is valid only during the yearly period for which the decal is issued without regard to the date on which the decal is acquired.  A yearly period begins on September 1 or another date set by the commission and extends through August 31 of the next year or another date set by the commission.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1280 (H.B. 3849), Sec. 4, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 29 - Off-Highway Vehicle Trail and Recreational Area Program › Section 29.006. Disposition of Decal Fees

Sec. 29.006.  DISPOSITION OF DECAL FEES.  The department shall deposit all revenue, less allowable costs, collected under Section 29.005 to the credit of the off-highway vehicle trail and recreational area account under Section 11.046.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 29 - Off-Highway Vehicle Trail and Recreational Area Program › Section 29.007. Other Revenue

Sec. 29.007.  OTHER REVENUE.  The department shall seek and use funding from the federal government, including the Recreational Trails Program administered by the United States Department of Transportation, and other sources outside the general revenue fund to identify and facilitate the development of off-highway vehicle trails and recreational areas under this chapter.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 29 - Off-Highway Vehicle Trail and Recreational Area Program › Section 29.008. Grants

Sec. 29.008.  GRANTS.  The department may make grants to federal agencies, political subdivisions of this state, and nonprofit organizations for the purpose of acquiring, developing, and maintaining public trails or recreational areas under this chapter.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 29 - Off-Highway Vehicle Trail and Recreational Area Program › Section 29.009. Penalty

Sec. 29.009.  PENALTY.  A person who violates Section 29.003 commits an offense that is a Class C Parks and Wildlife misdemeanor.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 1, eff. January 1, 2006.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 29 - Off-Highway Vehicle Trail and Recreational Area Program › Section 29.010. Rules

Sec. 29.010.  RULES.  The commission:
(1)  shall adopt rules necessary to implement this chapter; and
(2)  may adopt rules:
(A)  exempting certain classes of persons from the requirements of Section 29.003; or
(B)  concerning the department's use of funding from sources outside the general revenue fund under Section 29.007.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter A. General Provisions › Section 31.001. Title

Sec. 31.001.  TITLE.  This chapter may be cited as the Water Safety Act.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter A. General Provisions › Section 31.002. State Policy

Sec. 31.002.  STATE POLICY.  It is the duty of this state to promote recreational water safety for persons and property in and connected with the use of all recreational water facilities in the state, to promote safety in the operation and equipment of facilities, and to promote uniformity of laws relating to water safety.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter A. General Provisions › Section 31.004. Application of Chapter

Sec. 31.004.  APPLICATION OF CHAPTER.  The provisions of this chapter apply to all public water of this state and to all vessels on public water.  Privately owned water is not subject to the provisions of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 22, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1363, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter A. General Provisions › Section 31.005. Contracts With Federal Government

Sec. 31.005.  CONTRACTS WITH FEDERAL GOVERNMENT.  (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 relating to water safety, including:
(1)  the acquisition, maintenance, and operating costs of facilities;
(2)  purchase of equipment and supplies;
(3)  personnel salaries;  and
(4)  other federally approved reimbursable expenses, including personnel training costs, public boat safety and education costs, and general administrative and enforcement costs.
(b)  The department may contract with the United States in order to comply with all necessary requirements for the receipt of funds made available under any federal legislation.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter A. General Provisions › Section 31.006. Appointment of Authorized Agent

Sec. 31.006.  APPOINTMENT OF AUTHORIZED AGENT.  (a)  The department may authorize a dealer who holds a dealer's or manufacturer's number to act as the agent of the department under Subchapter B and under Chapter 160, Tax Code, for the issuance of certificates of number and the collection of fees and taxes for vessels and outboard motors sold by that dealer.
(b)  An authorized agent must follow the rules of the commission and the rules of the comptroller.
(c)  An authorized agent shall send the applications required by Sections 31.024 and 31.047 of this code, the fees required by Sections 31.026 and 31.048 of this code, and the tax paid under Chapter 160, Tax Code, to the department not later than 20 days after the date a certificate of number is issued and a fee or tax collected.
(d)  An authorized agent shall execute a surety bond in an amount set by the department to insure against loss to the department of fees and taxes.  The bond shall be in favor of the department.
(e)  The department may cancel the authorization of an agent on 30 days' written notice of the agent's violation of this chapter, a department rule adopted under this chapter, Chapter 160, Tax Code, or a rule adopted by the comptroller under that chapter.
(f)  The commission may adopt rules for the creation of a program for the continuing identification and classification of participants in the vessel and outboard motor industries doing business in this state.  The commission may set fees to administer this subsection.  The department shall use information from the program to appoint agents under this section or for any other purpose required by the commission's rules or this chapter.
Added by Acts 1993, 73rd Leg., ch. 718, Sec. 2, eff. Sept. 1, 1993.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 35, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1249 (H.B. 4032), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.021. Required Numbering

Sec. 31.021.  REQUIRED NUMBERING.  (a)  Each vessel on the water of this state shall be numbered in accordance with the provisions of this chapter unless specifically exempted.  The numbering system shall be in accord with the Federal Boating Act of 1958 and subsequent federal legislation.
(b)  No person may operate or give permission for the operation of any vessel or may dock, moor, or store a vessel owned by the person on the water of this state unless:
(1)  the vessel is numbered as required by this chapter;
(2)  the certificate of number awarded to the vessel is in full force and effect; and
(3)  the identifying number set forth in the certificate is properly displayed on the vessel as required by this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 450, Sec. 3, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1256, Sec. 23, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1363, Sec. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 200, Sec. 8(c), eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1133, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1388 (H.B. 115), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.022. Exemptions From Required Numbering

Sec. 31.022.  EXEMPTIONS FROM REQUIRED NUMBERING.  (a)  A vessel is not required to be numbered under the provisions of this chapter if it is:
(1)  operated within this state for a period not exceeding 90 consecutive days and is covered by a number in full force and effect which has been awarded under federal law or a federally approved numbering system of another state;
(2)  from a country other than the United States temporarily using the water of this state;
(3)  owned by the United States, a state, or a subdivision of a state;  or
(4)  a ship's lifeboat.
(b)  The department may exempt from numbering a class of vessels if it finds that the numbering of the vessels of that class will not materially aid in their identification.  The department may also exempt a vessel if it finds that it belongs to a class of vessels that would be exempt from numbering under a numbering system of an agency of the federal government if it were subject to federal law.
(c)  All canoes, kayaks, punts, rowboats, rubber rafts, or other vessels under 14 feet in length when paddled, poled, oared, or windblown are exempt from the numbering provisions of this chapter.
(d)  A vessel in use at a water ski tournament, competition, or exhibition sanctioned in writing by the governing board of the governmental entity that has jurisdiction over the body of water on which the tournament, competition, or exhibition occurs is exempt from the numbering provisions of this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1989, 71st Leg., ch. 543, Sec. 1, eff. June 14, 1989;  Acts 1993, 73rd Leg., ch. 450, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.023. Vessels Numbered Under Federal or Other State Law

Sec. 31.023.  VESSELS NUMBERED UNDER FEDERAL OR OTHER STATE LAW.  The owner of any vessel for which a current certificate of number has been awarded under any federal law or a federally approved numbering system of another state shall, if the vessel is operated on the water of this state in excess of 90 consecutive days, make application for a certificate of number in the manner prescribed in this chapter for residents of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 450, Sec. 5, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter B. Identification of Vessels; Required Numbering › Section 31.024. Application for Number

Sec. 31.024.  APPLICATION FOR NUMBER.  (a)  The owner of each vessel requiring numbering by this state shall file an application for a number with the department, an authorized agent, or a county tax assessor-collector.
(b)  The application shall be signed by the owner of the vessel and shall be accompanied by the fee prescribed in Section 31.026 of this code.  If the application is received by a county tax assessor-collector, the application and the portion of the fee not retained by the tax assessor-collector as a collection fee shall be sent to the department.  If the application is received by an authorized agent, the application and the fee shall be sent to the department as required by Section 31.006 of this code.
(c)  On receipt of the application in approved form, the department shall enter it on the records of its office and issue to the applicant a certificate of number stating the number awarded to the vessel and the name and address of the owner.
(d)  The application form, the form of the certificate of number, and the manner of renewal shall be prescribed by the department.
(e)  The department, an authorized agent, or a county tax assessor-collector may not issue a certificate of number unless the tax due on the vessel under Chapter 160, Tax Code, is paid.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 1352, ch. 607, Sec. 1, eff. Aug. 27, 1979;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 7.04, eff. Oct. 1, 1991;  Acts 1993, 73rd Leg., ch. 450, Sec. 6, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 718, Sec. 3, eff. Sept. 1, 1993.