reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.013. Construction of Roads by Texas Department of Transportation

Sec. 13.013.  CONSTRUCTION OF ROADS BY TEXAS DEPARTMENT OF TRANSPORTATION.  (a)  The department may contract with the Texas Transportation Commission for the construction and paving of roads in and adjacent to state parks.
(b)  Agreements under this section must be made in conformity with the Interagency Cooperation Act.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(62), eff. Sept. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.014. Roads and Trails to Certain Park Sites

Sec. 13.014.  ROADS AND TRAILS TO CERTAIN PARK SITES.  (a)  The department shall acquire, construct, and maintain roads and trails from public roads to park sites located on and accessible to the waters of Buchanan and Inks lakes in Burnet, Lampasas, Llano, San Saba, Travis, and Williamson counties.  The park sites may be state parks or land owned by the Lower Colorado River Authority dedicated to public use for park purposes.
(b)  The department may acquire the rights-of-way for the roads and trails by purchase or gift or by exercise of the power of eminent domain.
(c)  The Texas Transportation Commission shall cooperate with the department, and the department shall cooperate and match funds with any state or federal governmental agency and shall sponsor any state or federal project.
(d)  The department may make contracts to carry out the provisions of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(63), eff. Sept. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0145. Speed Limits

Sec. 13.0145.  SPEED LIMITS.  (a)  The department shall set and enforce speed limits on a road in a state park, wildlife management area, or other site under the control of the department as follows:
(1)  30 miles per hour on a park road or main drive;
(2)  20 miles per hour on a secondary road; or
(3)  as posted by the department.
(b)  The department shall:
(1)  consult with the Texas Department of Transportation to determine if a speed limit under Subsection (a) is reasonable and safe based on an engineering and traffic control study; and
(2)  amend the limit, if necessary.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 24, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.015. Park User Fees; Concessions

Sec. 13.015.  PARK USER FEES;  CONCESSIONS.  (a)  The department may charge and collect park user fees for park services.  The user fees shall be set by the commission.
(a-1)  The commission may waive the park entrance fee for a person who is at least 70 years of age, a student enrolled in the fifth grade, or a child who is 11 years of age.  The commission may not waive the fee for use of a park facility, including a hook-up fee for electricity or water.
(a-2)  The department may promote visits and enhance revenue at parks, including amounts necessary for salaries, advertising, consumable supplies and materials, promotional products, fees, and related expenses.
(b)  The department may operate or grant contracts to operate concessions in state parks or on causeways, beach drives, or other improvements in connection with state park sites.  The department may make regulations governing the granting or operating of concessions.  The department may establish and operate staff concessions, including salaries, consumable supplies and materials, operating expenses, rental and other equipment, and other capital outlays.
(b-1)  The department may purchase products, including food items, for resale or rental at a profit.
(b-2)  The department shall operate any resale concession program using standard business practice models to generate revenue and provide quality customer service while adhering to conservation principles.
(b-3)  The department may recruit and select private service providers to enter into leased concession contracts with the department to provide necessary and appropriate visitor services.
(c)  The department shall deposit any revenue received from the contracts, user fees, or operations authorized by this section in the state treasury to the credit of the state parks account.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 40, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 679, Sec. 17, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 25, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1097 (H.B. 2065), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0151. State Park Passes

Sec. 13.0151.  STATE PARK PASSES.  (a)  The department may contract with any entity the department considers appropriate to sell state park passes in any of the entity's retail locations.
(b)  The commission may adopt rules to implement this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 152 (H.B. 1300), Sec. 2, eff. May 28, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0155. Use of Parks and Wildlife Department Brand

Sec. 13.0155.  USE OF PARKS AND WILDLIFE DEPARTMENT BRAND.  (a)  The department may contract with any entity the department considers appropriate to use the Parks and Wildlife Department brand in exchange for licensing fees paid by the entity to the department.
(b)  The department may use the licensing fees received under Subsection (a) for any use under this code.
(c)  The commission may adopt rules to implement this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 152 (H.B. 1300), Sec. 2, eff. May 28, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.016. Inmate Labor

Sec. 13.016.  INMATE LABOR.  (a)  The department may use the labor of an inmate confined in a state, county, or local correctional facility on or in connection with state parks, wildlife management areas, or other property under the control or jurisdiction of the department.
(b)  Inmates working in connection with lands under the control or jurisdiction of the department remain under the control of the Texas Department of Criminal Justice or county or local correctional facility, as appropriate, and are considered as serving their terms in the Texas Department of Criminal Justice or other correctional facility.
(c)  The department may purchase equipment, meals, supplies, and materials for an inmate working at a department site as necessary to facilitate the use of the labor described by this section.
(d)  The department may not use the labor of an inmate convicted of an offense listed in Article 62.001(5), Code of Criminal Procedure.
(e)  The department may not use the labor of an inmate convicted of any violent offense.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 17, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 26, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.017. Publications on Parks

Sec. 13.017.  PUBLICATIONS ON PARKS.  (a)  The department may provide or sell information, including books, magazines, photographs, prints, and bulletins, to the public on state parks.
(b)  The department may enter into contractual agreements for publication of information concerning state parks.
(c)  The department may receive royalties on department-owned materials that are sold or supplied to others by the department for publication.
(d)  Money received under this section shall be deposited in the State Treasury to the credit of the account from which expenses for the publication were paid.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 41, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 679, Sec. 18, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.018. State Parklands Passport

Sec. 13.018.  STATE PARKLANDS PASSPORT.  (a)  The following people may apply to the department for a state parklands passport:
(1)  a resident of this state who is 65 years old or over who has resided in the state for six consecutive months preceding the date of application for a parklands passport or any other individual in a category that the commission by rule designates as a resident of this state who is 65 years old or over;
(2)  an honorably discharged veteran of the United States armed services;
(3)  a member of the United States armed services on active duty;
(4)  a surviving spouse, parent, child, or sibling of a person who died while serving in the United States armed forces; and
(5)  an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual.
(b)  The department shall issue a passport to each qualified applicant.  The passport shall be issued on a form designed and provided by the department.
(c)  The holder of a state parklands passport issued on or before August 31, 1995, a person whose birth date is before September 1, 1930, or a person described by Subsection (a)(2), (3), or (4) is entitled to enter any state park without payment of an entrance or admission fee.  When a fee is charged by the department for entrance of a vehicle into a state park, the vehicle of the holder of a state parklands passport is exempt from the fee when the holder is present.
(d)  The department may discount or waive a park entrance fee for a resident of this state issued an initial state parklands passport after August 31, 1995.  When a fee is charged by the department for entrance of a vehicle into a state park, the vehicle of the holder of an initial state parklands passport may enter any state park on payment of a lower vehicle entrance fee.  The department may waive vehicle entrance fees for any state park for the holder of an initial state parklands passport.
(e)  A state parklands passport issued to a person described by Subsection (a)(3) is valid for one year from the date of issuance and may be renewed in the manner prescribed by commission rule.
(f)  The commission by rule shall establish eligibility requirements and privileges available to the holder of a state parklands passport described by Subsection (a)(5).
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 36, ch. 19, Sec. 1, eff. Aug. 29, 1977;  Acts 1995, 74th Leg., ch. 629, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 387, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 227 (H.B. 1740), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.019. Facility Reservation System and Fee

Sec. 13.019.  FACILITY RESERVATION SYSTEM AND FEE.  (a)  The department may permit the advance reservation of a facility, lodging, or campsite at a state park and require the payment of a fee by a person making the reservation.
(b)  The department shall annually:
(1)  evaluate whether the reservation system used by the department for the advance reservation of facilities, lodging, and campsites is as user-friendly as possible; and
(2)  make modifications to the system as necessary to enhance the user-friendliness of the reservation system.
Added by Acts 1979, 66th Leg., p. 1065, ch. 495, Sec. 1, eff. June 7, 1979.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 18, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 27, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0191. Facility and Lodging Fees

Sec. 13.0191.  FACILITY AND LODGING FEES.  A fee charged by the department under this subchapter for the use of a facility or lodging at a state park may vary on a seasonal basis and may be set in an amount to recover the direct and indirect costs of providing the facility or lodging and provide a reasonable rate of return to the department.  Items to be considered in setting a fee include the cost required to provide, maintain, and improve amenities available at the site and seasonal variables such as the cost of staffing to meet demand and costs of heating or air conditioning.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 28, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.020. Local Public Hearings on Park Development Plans

Sec. 13.020.  LOCAL PUBLIC HEARINGS ON PARK DEVELOPMENT PLANS.  Before the commission approves a park master development plan, the department must hold a public hearing to receive comments on the plan in an area near the location of the new park site.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 42, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.022. Easement Through Caddo Lake State Park

Sec. 13.022.  EASEMENT THROUGH CADDO LAKE STATE PARK.  The department shall grant an easement through Caddo Lake State Park to provide access to private real property located within the park.
Added by Acts 1985, 69th Leg., ch. 392, Sec. 1, eff. June 10, 1985.  Renumbered from Sec. 13.020 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(34), eff. Sept. 1, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.023. Lifeguards and Signage in Certain Areas

Sec. 13.023.  LIFEGUARDS AND SIGNAGE IN CERTAIN AREAS.  (a)  The department shall:
(1)  during reasonable daylight hours, as established and posted by the department, from Memorial Day to Labor Day, provide:
(A)  occupied lifeguard towers or mobile lifeguard units on each side of each pier, jetty, or other structure that protrudes into the Gulf of Mexico that is located within a state park; or
(B)  a single occupied lifeguard tower or mobile lifeguard unit at each pier, jetty, or other structure that protrudes into the Gulf of Mexico that is located within a state park if the single tower provides an unobstructed view of both sides of each structure; and
(2)  post within 100 yards of each side of each structure described by Subdivision (1) signs clearly describing the dangerous water conditions that may occur near the structure.
(b)  The department may suspend or alter the duties imposed under Subsection (a) during dangerous weather conditions or emergency operations.
Added by Acts 2021, 87th Leg., R.S., Ch. 724 (H.B. 3807), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter B. Regulations Governing Parks and Other Recreational Areas › Section 13.101. Authorization

Sec. 13.101.  AUTHORIZATION.  The commission may promulgate regulations governing the health, safety, and protection of persons and property in state parks, historic sites, scientific areas, or forts under the control of the department, including public water within state parks, historic sites, scientific areas, and forts.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1975, 64th Leg., p. 1206, ch. 456, Sec. 4(a), eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter B. Regulations Governing Parks and Other Recreational Areas › Section 13.102. Scope of Regulations

Sec. 13.102.  SCOPE OF REGULATIONS.  The regulations may govern:
(1)  the conservation, preservation, and use of state property whether natural features or constructed facilities;
(2)  the abusive, disruptive, or destructive conduct of persons;
(3)  the activities of park users including camping, swimming, boating, fishing, or other recreational activities;
(4)  the possession of pets or animals;
(5)  the regulation of traffic and parking;  and
(6)  conduct which endangers the health or safety of park users or their property.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2725, ch. 741, Sec. 3, eff. Jan. 1, 1982.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter B. Regulations Governing Parks and Other Recreational Areas › Section 13.103. Advertising

Sec. 13.103.  ADVERTISING.  The commission by rule shall prohibit inappropriate commercial advertising in state parks, natural areas, historic sites, or other sites under the jurisdiction of the department to preserve the integrity of the sites and to minimize distractions that may interfere with the enjoyment of the sites by visitors.
Added by Acts 2011, 82nd Leg., R.S., Ch. 152 (H.B. 1300), Sec. 3, eff. May 28, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter B. Regulations Governing Parks and Other Recreational Areas › Section 13.106. Posting of Regulations

Sec. 13.106.  POSTING OF REGULATIONS.  All specific or general regulations applying to a state park, historic site, scientific area, or fort must be posted in a conspicuous place at the park, site, or fort.  A copy of the regulations shall be made available on request to persons using the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter B. Regulations Governing Parks and Other Recreational Areas › Section 13.108. Removal From Park

Sec. 13.108.  REMOVAL FROM PARK.  (a)  Any person directly or indirectly responsible for disruptive, destructive, or violent conduct which endangers property or the health, safety, or lives of persons or animals may be removed from a park, historic site, scientific area, or fort for a period not to exceed 48 hours.
(b)  Prior to removal under this section, the person must be given notice of the provisions of this section and an opportunity to correct the conduct justifying removal.
(c)  A court of competent jurisdiction may enjoin a person from reentry to the park, scientific area, site, or fort, on cause shown, for any period set by the court.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter B. Regulations Governing Parks and Other Recreational Areas › Section 13.109. Enforcement of Regulations

Sec. 13.109.  ENFORCEMENT OF REGULATIONS.  Regulations adopted under this subchapter may be enforced by any peace officer, including those employees of the department commissioned as peace officers under Section 11.019 of this code.  A notice to appear may be issued by a peace officer for violation of a regulation on a form prescribed by the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter B. Regulations Governing Parks and Other Recreational Areas › Section 13.110. Effect of Regulations

Sec. 13.110.  EFFECT OF REGULATIONS.  No regulation adopted under this subchapter may amend or repeal any penal law of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter B. Regulations Governing Parks and Other Recreational Areas › Section 13.112. Penalty

Sec. 13.112.  PENALTY.  A person who violates a regulation adopted under Subchapter B of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 6, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter C. Regulations Governing Areas Adjacent to State Parks › Section 13.201. Authorization

Sec. 13.201.  AUTHORIZATION.  The commission may make regulations prohibiting the use of firearms or certain types of firearms on state property adjacent to state parks and within 200 yards of the boundary of the state park.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter C. Regulations Governing Areas Adjacent to State Parks › Section 13.202. Application Limited

Sec. 13.202.  APPLICATION LIMITED.  The regulations of the commission under Section 13.201 of this code apply only to state parks located within one mile of coastal water of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter C. Regulations Governing Areas Adjacent to State Parks › Section 13.205. Penalty

Sec. 13.205.  PENALTY.  A person who violates a regulation made by the commission under Section 13.201 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 7, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.301. Programs for the Development of Historic Sites and Structures

Sec. 13.301.  PROGRAMS FOR THE DEVELOPMENT OF HISTORIC SITES AND STRUCTURES.  (a)  The department may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program involving the planning, acquisition, and development of historic sites and structures.
(b)  The department may contract with the United States or its agencies to plan, acquire, and develop historic sites and structures in this state in conformity with any federal act concerning the development of historic sites and structures.
(c)  The department shall keep financial and other records relating to programs under this section and shall furnish appropriate officials and agencies of the United States and of this state all reports and information reasonably necessary for the administration of the programs.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.302. Programs for the Development of Outdoor Recreation Resources

Sec. 13.302.  PROGRAMS FOR THE DEVELOPMENT OF OUTDOOR RECREATION RESOURCES.  The department is the state agency to cooperate with the federal government in the administration of federal assistance programs for the planning, acquisition, operation, and development of the outdoor recreation resources of the state, including acquisition of land and water and interests in land and water.  The department shall cooperate with the federal government in the administration of the provisions of the Land and Water Conservation Fund Act of 1965 (Public Law 88-578).
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.303. Cooperation With Other Agencies

Sec. 13.303.  COOPERATION WITH OTHER AGENCIES.  (a)  The department shall cooperate with departments of the federal government and other departments of state and local government, including as a part of the state plan, water districts, river authorities, and special districts in outdoor recreation.  The department shall issue rules and regulations to cooperate in the enforcement and administration of federal acts and rules and regulations.
(b)  The department shall implement programs and coordinate with departments and agencies of the federal government, including the United States Border Patrol and the Drug Enforcement Administration, and other departments of state and local government, if necessary, to minimize environmental damage to any land under the control and custody of the department along this state's border with Mexico.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1999, 76th Leg., ch. 588, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.304. Additional Powers of Counties and Special Districts

Sec. 13.304.  ADDITIONAL POWERS OF COUNTIES AND SPECIAL DISTRICTS.  Counties, river authorities, water districts, and other political subdivisions organized under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, may:
(1)  acquire land for public recreation;
(2)  construct facilities for public use on land acquired for public recreation;
(3)  provide for the operation, maintenance, and supervision of the public recreation areas;
(4)  execute agreements with other local, state, or federal agencies for planning, construction, maintenance, and operation of public recreation facilities and necessary access roads;  and
(5)  maintain adequate sanitary standards on the land and water areas that are part of or adjacent to public recreation areas.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.305. Condemnation Proceedings

Sec. 13.305.  CONDEMNATION PROCEEDINGS.  (a)  The department may institute condemnation proceedings according to the laws of this state to acquire land for programs developing outdoor recreation resources under Section 13.302 of this code.
(b)  Costs incurred in the exercise of eminent domain under this section for the relocation, raising, lowering, rerouting, or change in grade, or alteration in the construction of any electric transmission, telegraph, or telephone line, railroad, conduit, pole, property, facility, or pipeline are the sole expense of the department.
(c)  "Sole expense" means the actual cost of the lowering, rerouting, or change in grade or alteration of construction in providing comparable replacement without enhancement of the facility, after deducting the net salvage value derived from the old facility.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.306. Application for Participation in Federal Programs

Sec. 13.306.  APPLICATION FOR PARTICIPATION IN FEDERAL PROGRAMS.  (a)  The department may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal outdoor recreation program.
(b)  The department may contract with the United States or any appropriate federal agency to plan, acquire, and develop outdoor recreation resources of the state in conformity with the Land and Water Conservation Fund Act of 1965 or any other federal act to develop outdoor recreation resources of the state.
(c)  The department shall keep financial and other records relating to the programs under this section and shall furnish to appropriate officials and agencies of the United States and of this state reports and information reasonably necessary for the administration of the programs.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.307. Coordination of Activities

Sec. 13.307.  COORDINATION OF ACTIVITIES.  To obtain the benefits of outdoor recreation programs under this subchapter, the department shall coordinate its activities with and represent the interests of all agencies and political subdivisions of the state as a part of a state plan.  The state plan shall include cities, counties, water districts, river authorities, and special districts in outdoor recreation having interests in the planning, development, acquisition, operation, and maintenance of outdoor recreation resources and facilities.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.308. Availability of State Funds

Sec. 13.308.  AVAILABILITY OF STATE FUNDS.  (a)  The department may not make a commitment or an agreement to participate in an outdoor recreation program under this subchapter until sufficient funds are available to meet the state's share of the cost of the project.
(b)  An outdoor recreation area or facility acquired or developed by the department under this subchapter shall be publicly maintained to the extent necessary to insure its proper operation and maintenance.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.309. Availability of Local Funds

Sec. 13.309.  AVAILABILITY OF LOCAL FUNDS.  The department may agree with the United States or any appropriate agency to plan, acquire, operate, and develop projects involving participating federal aid funds on behalf of any political subdivision of this state if the political subdivision certifies to the department that:
(1)  sufficient funds are available to meet its share, if any, of the cost of the project;  and
(2)  the acquired or developed areas will be operated and maintained at the expense of the subdivision for public outdoor recreation use.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.310. Receipt and Expenditure of Funds

Sec. 13.310.  RECEIPT AND EXPENDITURE OF FUNDS.  (a)  The department may receive and spend federal money allocated to the state for any project established to develop outdoor recreation resources under this subchapter and for administrative and other expenses incident to the administration of these projects.
(b)  The department may receive and expend funds from the state, a county, a city, or any other source for the development of outdoor recreation resources under this subchapter.
(c)  The department shall deposit all funds received for the development of outdoor recreation resources in the state treasury to the credit of the state land and water conservation account, the Texas recreation and parks account, the large county and municipality recreation and parks account, or the state parks account.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 19, eff. Sept. 1, 1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.311. Project Priority

Sec. 13.311.  PROJECT PRIORITY.  The department may make rules and regulations governing the priority of projects submitted under an outdoor recreation plan under this subchapter and within the limitations of the appropriations made for these purposes.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.312. Administration Expense

Sec. 13.312.  ADMINISTRATION EXPENSE.  The department may employ necessary personnel, as determined by the director, and expend amounts necessary to administer efficiently the outdoor recreation programs under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Sec. 13.313.  FISH AND WILDLIFE RESTORATION PROJECTS.  The department may conduct and establish cooperative fish and wildlife restoration projects under the provisions of Public Law No. 415, Acts of the 75th Congress, and Public Law No. 681, Acts of the 81st Congress, as amended.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter D. Participation in Federal Programs › Section 13.314. Compliance in Fishery Management

Sec. 13.314.  COMPLIANCE IN FISHERY MANAGEMENT.  The department may cooperate and contract with the Gulf of Mexico Fishery Management Council or the National Marine Fisheries Service for conduct of such work as may be necessary in complying with requirements of the Fishery Conservation and Management Act of 1976 (16 U.S.C.A. Section 1801 et seq.).
Added by Acts 1977, 65th Leg., p. 1280, ch. 501, Sec. 1, eff. June 15, 1977.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 14 - Powers and Duties Concerning Wetlands › Subchapter A. General Powers and Duties › Section 14.001. Definitions

Sec. 14.001.  DEFINITIONS.  In this chapter:
(1)  "Department" means the Parks and Wildlife Department.
(2)  "Land office" means the General Land Office.
(3)  "Mitigation" means the sequential process of avoiding impacts to wetlands, minimizing impacts to wetlands, and providing compensation for losses to wetlands.
(4)  "State-owned coastal wetlands" mean wetlands owned by state agencies underlying or adjacent to tidal waters.
Added by Acts 1991, 72nd Leg., ch. 265, Sec. 3, eff. June 5, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 14 - Powers and Duties Concerning Wetlands › Subchapter A. General Powers and Duties › Section 14.003. Gifts and Grants

Sec. 14.003.  GIFTS AND GRANTS.  The department and the land office may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the powers and duties provided by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 265, Sec. 3, eff. June 5, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.001. Issuance of Park Development Bonds

Sec. 21.001.  ISSUANCE OF PARK DEVELOPMENT BONDS.  The department, by resolution of the commission, from time to time may provide for the issuance of negotiable bonds in an aggregate amount not to exceed $75 million pursuant to the provisions of Article III, Section 49-e, of the Texas Constitution.  All bonds provided for under this section shall be issued by the Texas Public Finance Authority, acting on behalf of the department.  In connection with the issuance of such bonds, the Texas Public Finance Authority is subject to all rights, duties, and conditions set forth in this chapter with respect to the issuance of bonds by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 4, Sec. 14.07, eff. Jan. 1, 1992.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.002. Description of Bonds

Sec. 21.002.  DESCRIPTION OF BONDS.  The bonds are called State of Texas Park Development Bonds and shall be issued on a parity.  The department may issue them in one or several installments and shall date the bonds of each issue.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.003. Sale Price

Sec. 21.003.  SALE PRICE.  The department may not sell an installment or series of bonds for an amount less than the face value of all of the bonds comprising the installment or series with the accrued interest from their date of issuance.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.004. Interest Rate

Sec. 21.004.  INTEREST RATE.  The department shall determine the rate of interest of an installment or series of bonds and shall determine whether interest is payable annually or semiannually.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.005. Form, Denomination, Place of Payment

Sec. 21.005.  FORM, DENOMINATION, PLACE OF PAYMENT.  The department shall determine:
(1)  the form of the bonds, including the form of any interest coupons to be attached;
(2)  the denominations of the bonds;  and
(3)  the places for payment of principal and interest.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.006. Maturity

Sec. 21.006.  MATURITY.  The bonds of each issue mature, serially or otherwise, not more than 40 years from their date.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.007. Redemption Before Maturity

Sec. 21.007.  REDEMPTION BEFORE MATURITY.  In the resolution providing for the issuance of bonds, the department may determine the price, terms, and conditions for redemption of bonds before maturity.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.008. Registered and Bearer Bonds

Sec. 21.008.  REGISTERED AND BEARER BONDS.  The resolution may provide for the registration of bonds as to ownership, successive conversion and reconversion from bearer to registered bonds, and successive conversion and reconversion from registered to bearer bonds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.009. Notice of Bond Sale

Sec. 21.009.  NOTICE OF BOND SALE.  (a)  After determining to sell a series of bonds, the department shall publish notice of the sale at least one time not less than 10 days before the date of the sale.  The notice shall be published in one or more recognized financial publications of general circulation published in the state and one or more recognized financial publications of general circulation published outside the state.
(b)  The department may publish notice of the sale more than once and in more than one publication.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.010. Competitive Bids

Sec. 21.010.  COMPETITIVE BIDS.  The bonds shall be sold only after competitive bidding to the highest and best bidder.  The department may reject any or all bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.011. Security for Bids

Sec. 21.011.  SECURITY FOR BIDS.  The department shall require every bidder, except administrators of state funds, to include with their bid an exchange or cashier's check for an amount the department considers adequate as a forfeit guaranteeing acceptance of and payment for all bonds covered by the bid.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.012. Approval of Bonds; Registration

Sec. 21.012.  APPROVAL OF BONDS;  REGISTRATION.  Before delivering bonds to the purchasers, the department shall submit the bonds and the records pertaining to them for approval by the attorney general.  When approval is obtained, the bonds shall be registered in the office of the comptroller of public accounts.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.013. Execution of Bonds

Sec. 21.013.  EXECUTION OF BONDS.  (a)  The bonds shall be executed on behalf of the department as general obligations of the state as provided in this section.
(b)  The bonds shall be signed by the presiding officer and the director, and the seal of the department shall be impressed on them.
(c)  The bonds shall be signed by the governor and attested by the secretary of state, and the state seal shall be impressed on them.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 49, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.014. Facsimile Signatures and Seals

Sec. 21.014.  FACSIMILE SIGNATURES AND SEALS.  In the resolution authorizing the issuance of an installment or series of bonds, the commission may prescribe the extent to which facsimile signatures and facsimile seals instead of manual signatures and manually impressed seals may be used in executing the bonds and appurtenant coupons.  Interest coupons may be signed by the facsimile signatures of the presiding officer and the director.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 50, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.015. Signature of Former Officer

Sec. 21.015.  SIGNATURE OF FORMER OFFICER.  If an officer whose signature or facsimile signature appears on a bond or whose facsimile signature appears on a coupon ceases to be an officer before the delivery of the bond, the signature is valid and sufficient for all purposes as if he had remained in office until the delivery had been made.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.016. Bonds Incontestable, Valid, and Binding

Sec. 21.016.  BONDS INCONTESTABLE, VALID, AND BINDING.  (a)  After approval by the attorney general, registration by the comptroller, and delivery to the purchaser, the bonds are incontestable and constitute general obligations of the state.
(b)  After approval by the attorney general and registration by the comptroller, the bonds shall be held to be valid and binding obligations of the state in any action, suit, or other proceeding in which their validity is questioned.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 3 - Parks › Chapter 21 - Texas Park Development Fund › Subchapter A. Texas Park Development Bonds › Section 21.017. Evidence of Validity

Sec. 21.017.  EVIDENCE OF VALIDITY.  In an action to enforce collection of the bonds or rights incident to the bonds, the certificate of approval by the attorney general and a certificate of registration by the comptroller, or certified copies of these certificates, shall be received in evidence as proof of the validity of the bonds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.