reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle G - Plants › Chapter 88 - Endangered Plants › Section 88.006. Regulations

Sec. 88.006.  REGULATIONS.  The department shall adopt regulations to administer the provisions of this chapter, including regulations to provide for:
(1)  permit application forms, fees, and procedures;
(2)  hearing procedures;
(3)  procedures for identifying endangered, threatened, or protected plants;  and
(4)  publication and distribution of lists of endangered, threatened, or protected plants.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle G - Plants › Chapter 88 - Endangered Plants › Section 88.007. Activities by the Department

Sec. 88.007.  ACTIVITIES BY THE DEPARTMENT.  (a)  The department may conduct biological research and field investigations to help determine the classification of native plants.
(b)  The department may collect and disseminate information about the conservation of native plants and their habitats.
(c)  The department may take an endangered, threatened, or protected plant from public land without a permit for the purpose of conservation, education, or scientific studies.
(d)  The department shall distribute pictures and other information concerning endangered, threatened, or protected plants to law enforcement agencies and the public as the department determines necessary for educational purposes.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 426, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle G - Plants › Chapter 88 - Endangered Plants › Section 88.008. Prohibited Acts

Sec. 88.008.  PROHIBITED ACTS.  (a)  Except as otherwise provided by this chapter, no person may take for commercial sale, possess for commercial sale, or sell all or part of an endangered, threatened, or protected plant from public land.
(b)  No contract or common carrier may transport or receive for shipment all or part of an endangered, threatened, or protected native plant taken from public land.
(c)  No person may take for commercial sale, possess for commercial sale, transport for commercial sale, or sell all or part of an endangered, threatened, or protected plant from private land unless the person possesses a permit issued under Section 88.0081 of this code and each plant is tagged as provided by Section 88.0081 of this code.
(d)  No person may hire or pay another person to take for commercial sale, possess for commercial sale, transport for commercial sale, or sell all or part of an endangered, threatened, or protected plant from private land unless both persons possess a permit issued under Section 88.0081 of this code.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 426, Sec. 2, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle G - Plants › Chapter 88 - Endangered Plants › Section 88.0081. Permit for Taking Plants From Private Land

Sec. 88.0081.  PERMIT FOR TAKING PLANTS FROM PRIVATE LAND.  (a)  A person who takes, possesses, or transports for commercial sale or sells an endangered, threatened, or protected plant from private land, or who hires or pays another to perform those activities, shall possess a permit issued by the department.  The permit must specify the land from which the taking is permissible, have attached a copy of the landowner's consent, and contain any other information required by the department.
(b)  A person applying for a permit under this section must submit to the department:
(1)  a copy of the written consent of the landowner from whose land the plant will be taken;  and
(2)  a permit fee set by the commission in an amount reasonable to defray administrative costs.
(c)  In addition to the permit required by this section, a person taking endangered, threatened, or protected plants from private land shall attach to each plant at the time of taking a tag issued to the person by the department.  The fee for each tag is $1.
(d)  No person may remove the tag from the plant until the plant has been transplanted into its ultimate site for landscaping or beautification purposes.  Only the ultimate owner or a department employee may remove the tag.
(e)  The commission shall adopt rules specifying the form and information required for permits and tags issued under this section.
(f)  The department shall waive the tagging fee if it determines the plants were planted and cultivated for the express purpose of being harvested for commercial purposes.
Added by Acts 1985, 69th Leg., ch. 426, Sec. 3, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle G - Plants › Chapter 88 - Endangered Plants › Section 88.009. Exceptions

Sec. 88.009.  EXCEPTIONS.  (a)  This chapter does not apply to the taking, possession, or sale of endangered, threatened, or protected plants if the taking, possession, or sale is incidental to:
(1)  the possession or sale of the real property on which the plant is growing;
(2)  the possession or acquisition of easements or leases on which the plant is growing;  or
(3)  the harvest or sale of an agricultural crop if the endangered, threatened, or protected plant grows among that crop.
(b)  This chapter does not apply to the possession, transportation, or sale of an endangered, threatened, or protected plant if:
(1)  the plant originates in another state;  and
(2)  the person possessing, transporting, or selling the plant complies with the terms of any required federal permit or with the terms of a state permit required by the laws of the originating state.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle G - Plants › Chapter 88 - Endangered Plants › Section 88.010. Inspections

Sec. 88.010.  INSPECTIONS.  A person authorized to enforce this chapter may detain for inspection and inspect a vehicle, package, crate, or other container if the person has probable cause to believe it contains a plant in violation of this chapter.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle G - Plants › Chapter 88 - Endangered Plants › Section 88.011. Penalties

Sec. 88.011.  PENALTIES.  (a)  Except as otherwise provided by this section, a person who violates any provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  If it is shown at the trial of the defendant that he has been convicted within the preceding 36 months of a violation of this chapter, on conviction he shall be punished for a Class B Parks and Wildlife Code misdemeanor.
(c)  If it is shown at the trial of the defendant that he has been convicted two or more times within the preceding 60 months of a violation of this chapter, on conviction he shall be punished for a Class A Parks and Wildlife Code misdemeanor.
(d)  A person who hires or pays another person to take, possess, or transport for commercial sale or sell an endangered, threatened, or protected plant in violation of Subsection (d) of Section 88.008 of this code commits an offense.  An offense under this section is a Class B Parks and Wildlife Code misdemeanor.
(e)  Each endangered, threatened, or protected plant taken, possessed, transported, or sold in violation of this chapter constitutes a separate offense.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 108, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 426, Sec. 4, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., ch. 16, Sec. 15.04, eff. Aug. 26, 1991.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle G - Plants › Chapter 88 - Endangered Plants › Section 88.012. Injunction Against Governmental Violator

Sec. 88.012.  INJUNCTION AGAINST GOVERNMENTAL VIOLATOR.  A state or local governmental agency that violates or threatens to violate a provision of this chapter is subject to a civil suit for injunctive relief.  The suit shall be brought in the name of the State of Texas.
Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter A. General Provisions › Section 89.001. Definitions

Sec. 89.001.  DEFINITIONS.  In this chapter:
(1)  "Artificial reef" means a structure or system of structures constructed, placed, or permitted in water covered under this chapter for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities.
(2)  "National Fishing Enhancement Act" means Title II of Public Law No. 98-623, enacting 16 U.S.C. Section 1220d and 33 U.S.C. Sections 2101 through 2106 and amending 16 U.S.C. Sections 1220 through 1220c.
(3)  "Reef materials" includes only materials allowed under the national artificial reef plan adopted under the National Fishing Enhancement Act for construction of artificial reefs.
(4)  "Water covered under this chapter" means the navigable water of Texas and water of the federal fisheries conservation zone adjacent to Texas water.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter A. General Provisions › Section 89.002. General Duties

Sec. 89.002.  GENERAL DUTIES.  (a)  The department shall promote, develop, maintain, monitor, and enhance the artificial reef potential in water covered under this chapter.
(b)  In carrying out the duties under Subsection (a) of this section, the department shall:
(1)  plan and review permit applications for artificial reefs;
(2)  coordinate with relevant state and federal agencies;
(3)  hold public hearings on proposed artificial reefs;
(4)  oversee maintenance and placement requirements of artificial reefs;  and
(5)  develop rules and guidelines, in conjunction with the advisory committee, in the collection of fees, grants, and donations to the artificial reef account.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 58, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter A. General Provisions › Section 89.0025. Rules

Sec. 89.0025.  RULES.  The commission may adopt rules and guidelines as necessary to implement this chapter.
Added by Acts 2005, 79th Leg., Ch. 190 (H.B. 883), Sec. 1, eff. May 27, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter A. General Provisions › Section 89.003. Department Authorized to Serve as Permittee

Sec. 89.003.  DEPARTMENT AUTHORIZED TO SERVE AS PERMITTEE.  (a)  The department may apply for a federal permit and serve as permittee for an artificial reef located in water covered under this chapter if the establishment of the reef complies with this chapter and the National Fishing Enhancement Act.
(b)  In applying for a permit under this section, the department shall:
(1)  consult with and consider the views of appropriate federal and state agencies, local governments, and other interested persons;
(2)  ensure that the provisions in the permit for siting, constructing, monitoring, maintaining, and managing an artificial reef are consistent with the criteria and standards established under this chapter and the National Fishing Enhancement Act;
(3)  ensure that title to an artificial reef component or construction material is unambiguous;  and
(4)  consider the national artificial reef plan adopted under the National Fishing Enhancement Act and notify the Secretary of the United States Department of Commerce of any need to deviate from that plan.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter A. General Provisions › Section 89.004. Person Other Than Department as Permittee

Sec. 89.004.  PERSON OTHER THAN DEPARTMENT AS PERMITTEE.  The department shall review and comment on an application for an artificial reef permit by a person other than the department to ensure that the conditions of the permit are consistent with the state artificial reef plan and the National Fishing Enhancement Act.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter A. General Provisions › Section 89.005. Use of Bridges, Tunnels, and Causeways

Text of section as added by Acts 2001, 77th Leg., ch. 968, Sec. 46
Sec. 89.005.  USE OF BRIDGES, TUNNELS, AND CAUSEWAYS.
(a)  The department, in cooperation with the Texas Department of Transportation and local governments, may use obsolete bridges, tunnels, and causeways to create artificial reefs under this chapter.
(b)  The department may receive from the Texas Department of Transportation the transfer of obsolete bridges, tunnels, and causeways to create artificial reefs.
(c)  The department may provide assistance, including money, to a local government to fulfill the purposes of this section.
(d)  Any money appropriated to the department for the artificial reef program under this chapter may be used for the purposes of this section.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 46, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter A. General Provisions › Section 89.005. Use of Bridges, Tunnels, and Causeways

Text of section as added by Acts 2001, 77th Leg., ch. 1137, Sec. 1
Sec. 89.005.  USE OF BRIDGES, TUNNELS, AND CAUSEWAYS.
(a)  The Texas Department of Transportation shall coordinate with the department and local governments to use obsolete bridges, tunnels, and causeways to create artificial reefs under this chapter.
(b)  The Texas Department of Transportation may transfer obsolete bridges, tunnels, and causeways to the department to create artificial reefs.
(c)  The department may provide assistance, including money, to a local government to fulfill the purposes of this section.
(d)  Any money appropriated to the department for the artificial reef program under this chapter may be used for the purposes of this section.
Added by Acts 2001, 77th Leg., ch. 1137, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter A. General Provisions › Section 89.006. Reef Construction by Others

Sec. 89.006.  REEF CONSTRUCTION BY OTHERS.  The department may authorize a person to place a donation of reef materials in a permitted zone in accordance with this chapter and commission rules and guidelines.
Added by Acts 2005, 79th Leg., Ch. 190 (H.B. 883), Sec. 1, eff. May 27, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter B. State Artificial Reef Plan › Section 89.021. State Artificial Reef Plan

Sec. 89.021.  STATE ARTIFICIAL REEF PLAN.  (a)  The department shall develop a state artificial reef plan that meets the purpose of this chapter and is consistent with the standards under Section 89.023 of this code.
(b)  The department shall administer and enforce the plan in accordance with this chapter and the National Fishing Enhancement Act.
(c)  The department shall develop any additional technical information needed to carry out the plan.
(d)  Repealed by Acts 1999, 76th Leg., ch. 925, Sec. 2(5), eff. Sept. 1, 1999.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 925, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter B. State Artificial Reef Plan › Section 89.022. Required Provisions

Sec. 89.022.  REQUIRED PROVISIONS.  The state artificial reef plan must include:
(1)  operational guidelines for the plan, including specific participant roles, and projected funding requirements for the plan;
(2)  geographic, hydrographic, geological, biological, ecological, social, economic, and other criteria for permitting and siting artificial reefs;
(3)  design, materials, and other criteria for establishing, constructing, and maintaining artificial reefs;
(4)  mechanisms and methodologies for monitoring artificial reefs in compliance with the requirements of permits issued under the National Fishing Enhancement Act;
(5)  mechanisms and methodologies for managing the use of artificial reefs;
(6)  a map that depicts priority areas for artificial reef development consistent with this chapter and the National Fishing Enhancement Act;  and
(7)  provisions for managing the artificial reef account in a manner that will assure successful implementation of the plan.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 59, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter B. State Artificial Reef Plan › Section 89.023. Standards

Sec. 89.023.  STANDARDS.  An artificial reef located in water covered under this chapter must be sited, constructed, maintained, monitored, and managed in a manner that:
(1)  enhances and conserves fishery resources to the maximum extent practicable;
(2)  facilitates access and use by Texas recreational and commercial fishermen;
(3)  minimizes conflicts among competing uses of water and water resources;
(4)  minimizes environmental risks and risks to personal and public health and property;
(5)  is consistent with generally accepted principles of international law and national fishing law and does not create any unreasonable obstruction to navigation;
(6)  uses the best scientific information available;  and
(7)  conforms to the state artificial reef plan.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter B. State Artificial Reef Plan › Section 89.024. Completion Date

Sec. 89.024.  COMPLETION DATE.  The department must complete the state artificial reef plan on or before September 1, 1990.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter B. State Artificial Reef Plan › Section 89.025. Reefs Consistent With Plan

Sec. 89.025.  REEFS CONSISTENT WITH PLAN.  (a)  All artificial reefs developed in state water must be consistent with the state artificial reef plan.
(b)  Comments and recommendations by a state agency regarding artificial reefs in federal water must be consistent with the state artificial reef plan.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter C. Artificial Reef Account › Section 89.041. Artificial Reef Account

Sec. 89.041.  ARTIFICIAL REEF ACCOUNT.  (a)  The artificial reef account is a separate account in the general revenue fund.
(b)  The account is composed of all funds received under Section 89.043 of this code, including interest and earnings.
(c)  Except as provided by Section 89.042(b), general revenue funds may not be expended in the development or implementation of this plan.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 60, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1097 (H.B. 2065), Sec. 2, eff. June 14, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter C. Artificial Reef Account › Section 89.042. Dedication; Appropriations

Sec. 89.042.  DEDICATION; APPROPRIATIONS. (a) The funds received under Section 89.043 of this code are dedicated to the department for the purpose of carrying out this chapter, including siting, designing, constructing, monitoring, and otherwise managing an artificial reef or artificial reef system.
(b)  The legislature may appropriate money from the general revenue fund to the department for:
(1)  salaries of department employees implementing this chapter; and
(2)  costs associated with those employees, including the cost of employee benefits.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 60, eff. Sept. 1, 1993.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1097 (H.B. 2065), Sec. 3, eff. June 14, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter C. Artificial Reef Account › Section 89.043. Grants, Donations, and Other Assistance

Sec. 89.043.  GRANTS, DONATIONS, AND OTHER ASSISTANCE.  The department may accept grants, donations of money or materials, and other forms of assistance from private and public sources.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 60, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle H - Artificial Reefs › Chapter 89 - Artificial Reefs › Subchapter D. Miscellaneous Provisions › Section 89.061. Liability

Sec. 89.061.  LIABILITY.  (a)  The state, an agency of the state, or an insurer of the state or agency of the state is not liable for damages caused by an activity required under the terms and conditions of a permit for an artificial reef.
(b)  A person who has transferred title of artificial reef construction materials to the state is not liable for damages arising from the use of the materials in an artificial reef if the materials meet applicable requirements of the National Fishing Enhancement Act  and applicable regulations of the United States Department of the Interior.
Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.001. Definitions

Sec. 90.001.  DEFINITIONS.  In this chapter:
(1)  "Emergency" means a condition or circumstance in which a person reasonably believes that an individual has sustained serious bodily injury or is in imminent danger of serious bodily injury or that property has sustained significant damage or destruction or is in imminent danger of significant damage or destruction.
(2)  "Motor vehicle" means any wheeled or tracked vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used to transport a person or thing.
(3)  "Navigable river or stream" means a river or stream that retains an average width of 30 or more feet from the mouth or confluence up.
(4)  "Protected freshwater area" means that portion of the bed, bottom, or bank of any navigable river or stream that lies at or below the gradient boundary of the river or stream.  The term does not include that portion of a bed, bottom, or bank that lies below tidewater limits.
Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.002. Operation of Motor Vehicle in Protected Freshwater Area Prohibited

Sec. 90.002.  OPERATION OF MOTOR VEHICLE IN PROTECTED FRESHWATER AREA PROHIBITED.  Except as provided by Section 90.003 or 90.004, a person may not operate a motor vehicle in or on a protected freshwater area on or after January 1, 2004.
Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.003. Exemptions

Sec. 90.003.  EXEMPTIONS.  (a)  Section 90.002 does not apply to:
(1)  a state, county, or municipal road right-of-way;
(2)  a private road crossing established on or before December 31, 2003;  or
(3)  operation of a motor vehicle by:
(A)  a federal, state, or local government employee if operation of a motor vehicle is necessary for conducting official business;
(B)  a person if operation of a motor vehicle is necessary for reasonable purposes related to usual and customary agricultural activities;
(C)  a person if operation of a motor vehicle is necessary to and is authorized by a mineral lease;
(D)  a person if operation of a motor vehicle is necessary to and authorized by a crossing easement granted by the General Land Office under the Natural Resources Code;
(E)  a person if operation of a motor vehicle is necessary to an activity authorized by Chapter 86;
(F)  a person in response to an emergency;
(G)  a person if operation of a motor vehicle is necessary for the lawful construction, operation, or maintenance of equipment, facilities, or structures used for:
(i)  the production, transportation, transmission, or distribution of electric power;
(ii)  the provision of telecommunications services or other services delivered through a cable system;
(iii)  the transportation of aggregates, oil, natural gas, coal, or any product of oil, natural gas, or coal;
(iv)  the production, treatment, or transportation of water or wastewater;  or
(v)  dredge material disposal placement;
(H)  an owner of the uplands adjacent to a protected freshwater area, the owner's agent, lessee, sublessee, or the lessee or sublessee's agent, representative, licensee, invitee, or guest for reasonable purposes related to usual and customary operation of:
(i)  a camp regulated under Chapter 141, Health and Safety Code;  or
(ii)  a retreat facility owned and operated by a nonprofit corporation chartered under the laws of this state before January 1, 1970;  or
(I)  an owner of the adjacent uplands on both sides of a protected freshwater area and the owner's agents, employees, representatives, and lessees only for the purpose of accessing the owner's property on the opposite side of the protected freshwater area when no reasonable alternate access is available.
(b)  This chapter does not apply to any river with headwaters in a state other than Texas and a mouth or confluence in a state other than Texas.
(c)  A person exempt under this section who operates a motor vehicle in or on a protected freshwater area shall do so in a manner that avoids, to the extent reasonably possible, harming or disturbing vegetation, wildlife, or wildlife habitat within the protected freshwater area.  A person exempt under this section who is crossing a protected freshwater area shall cross by the most direct feasible route.
Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.0035. Operation of Aircraft in or on Protected Freshwater Area

Sec. 90.0035.  OPERATION OF AIRCRAFT IN OR ON PROTECTED FRESHWATER AREA.  (a)  In this section, "aircraft" means a device that can be used for flight in the air, including an airplane, ultralight airplane, or helicopter.
(b)  Notwithstanding any other provision of this chapter, a person may operate an aircraft in or on a protected freshwater area.
(c)  A person who operates an aircraft in or on a protected freshwater area shall do so in a manner that avoids, to the extent reasonably possible, harming or disturbing vegetation, wildlife, or wildlife habitat within the protected freshwater area.
Added by Acts 2021, 87th Leg., R.S., Ch. 287 (H.B. 4436), Sec. 1, eff. June 4, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.005. Assistance From Department

Sec. 90.005.  ASSISTANCE FROM DEPARTMENT.  (a)  The department shall assist a requesting county, municipality, or river authority in developing a local plan.
(b)  A county, municipality, or river authority implementing a local plan shall remit to the department 20 percent of the county's, municipality's, or river authority's gross receipts from fees charged under Section 90.004(b)(2) to offset the department's administrative costs associated with implementing this chapter.
Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.006. Studies

Sec. 90.006.  STUDIES.  The department may conduct studies necessary to implement this chapter.
Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.007. Landowner Rights

Sec. 90.007.  LANDOWNER RIGHTS.  (a)  A prescriptive easement over private property cannot be created by recreational use of a protected freshwater area, including by portage over or around barriers, scouting of obstructions, or crossing of private property to or from a protected freshwater area.
(b)  Nothing in this section shall limit the right of a person to navigate in, on, or around a protected freshwater area.
Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.008. Public Access

Sec. 90.008.  PUBLIC ACCESS.  (a)  Except as otherwise allowed by law, a person may not restrict, obstruct, interfere with, or limit public recreational use of a protected freshwater area.
(b)  This section does not allow the public to use private property to gain access to a protected freshwater area without permission of the landowner.
Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.0085. Camping and Building Fires Prohibited in Certain Areas

Sec. 90.0085.  CAMPING AND BUILDING FIRES PROHIBITED IN CERTAIN AREAS.  (a) This section applies to a section of the Blanco River that is not located in a county adjacent to a county with a municipality with a population greater than 1.5 million.
(b)  Notwithstanding Section 90.008(a), a person may not camp or build a fire in a dry riverbed.
Added by Acts 2015, 84th Leg., R.S., Ch. 664 (H.B. 3618), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.009. Motor Vehicle Recreation Sites

Sec. 90.009.  MOTOR VEHICLE RECREATION SITES.  (a)  The department shall establish a program to identify and to facilitate the development of motor vehicle recreation sites that are not located in or on a protected freshwater area.  The department shall seek the cooperation of political subdivisions, landowners, nonprofit groups, and other interested persons in identifying and facilitating the development of motor vehicle recreation sites under this subsection.
(b)  The department shall seek and use funding from the federal government and other sources outside the general revenue fund to identify and facilitate the development of motor vehicle recreation sites under Subsection (a).
Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.010. Enforcement

Sec. 90.010.  ENFORCEMENT.  All peace officers of this state shall enforce the provisions of this chapter.
Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle I - Protected Freshwater Areas › Chapter 90 - Access to Protected Freshwater Areas › Section 90.011. Penalty

Sec. 90.011.  PENALTY.  (a)  A person commits an offense if the person violates Section 90.002, 90.008, or 90.0085.
(b)  Except as provided by Subsection (c), an offense under Subsection (a) is a Class C misdemeanor.
(c)  If it is shown on the trial of an offense under this section that the defendant was previously convicted two or more times under Section 90.002 or 90.008, on conviction the defendant shall be punished for a Class B misdemeanor.
(d)  Each violation under this section is a separate offense.
(e)  Notwithstanding Section 12.403 of this code, Subchapter B, Chapter 12, Penal Code, applies to punishments under this section.
Added by Acts 2003, 78th Leg., ch. 800, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 664 (H.B. 3618), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 91 - Gulf States Compact › Article I.

Whereas the Gulf Coast States have the proprietary interest in and jurisdiction over fisheries in the waters within their respective boundaries, it is the purpose of this compact to promote the better utilization of the fisheries, marine, shell and anadromous, of the seaboard of the Gulf of Mexico, by the development of a joint program for the promotion and protection of such fisheries and the prevention of the physical waste of the fisheries from any cause.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 91 - Gulf States Compact › Article II.

This compact shall become operative immediately as to those states ratifying it whenever any two or more of the states of Florida, Alabama, Mississippi, Louisiana and Texas have ratified it and the Congress has given its consent, pursuant to Article I, Section 10 of the Constitution of the United States.  Any state contiguous to any of the aforementioned states or riparian upon waters which flow into waters under the jurisdiction of any of the aforementioned States and which are frequented by anadromous fish or marine species, may become a party hereto as hereinafter provided.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 91 - Gulf States Compact › Article III.

Each state joining herein shall appoint three representatives to a commission hereby constituted and designated as the Gulf States Marine Fisheries Commission.  One shall be the head of the administrative agency of such State charged with the conservation of the fishery resources to which this compact pertains;  or, if there be more than one officer or agency, the official of that State named by the Governor thereof.  The second shall be a member of the Legislature of such State designated by such Legislature, or in the absence of such designation, such legislator shall be designated by the Governor thereof;  provided that if it is constitutionally impossible to appoint a legislator as a commissioner from such State, the second member shall be appointed in such manner as may be established by law.  The third shall be a citizen who shall have a knowledge of and interest in the marine fisheries, to be appointed by the Governor.  This commission shall be a body corporate with the powers and duties set forth herein.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 91 - Gulf States Compact › Article IV.

The duty of the said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell and anadromous, of the Gulf Coast.  The commission shall have power to recommend the coordination of the exercise of the police powers of the several States within their respective jurisdictions to promote the preservation of these fisheries and their protection against over-fishing, waste, depletion or any abuse whatsoever, and to assure a continuing yield from the fishery resources of the aforementioned States.  To that end the commission shall draft and recommend to the Governors and Legislatures of the various signatory States, legislation dealing with the conservation of the marine, shell and anadromous fisheries of the Gulf seaboard.  The commission shall from time to time present to the Governor of each compacting State its recommendations relating to enactments to be presented to the Legislature of that State in furthering the interest and purposes of this compact.  The commission shall consult with and advise the pertinent administrative agencies in the States party hereto with regard to problems connected with the fisheries, and recommend the adoption of such regulations as it deems advisable.  The commission shall have power to recommend to the States party hereto the stocking of the waters of such States with fish and fish eggs or joint stocking by some or all of the States party hereto, and when two or more States shall jointly stock waters the commission shall act as the coordinating agency for such stocking.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 91 - Gulf States Compact › Article V.

The commission shall elect from its number a chairman and vice-chairman and shall appoint, and at its pleasure remove or discharge, such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications and compensation.  Said commission shall adopt rules and regulations for the conduct of its business.  It may establish and maintain one or more offices for the transaction of its business, and may meet at any time or place;  but must meet at least once a year.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 91 - Gulf States Compact › Article VI.

No action shall be taken by the commission in regard to its general affairs except by the affirmative vote of a majority of the whole number of compacting States.  No recommendation shall be made by the commission in regard to any species of fish except by the affirmative vote of a majority of the compacting States which have an interest in such species.  The commission shall define what shall be an interest.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 91 - Gulf States Compact › Article VII.

The Fish and Wildlife Service of the Department of the Interior of the Government of the United States shall act as the primary research agency of the Gulf States Marine Fisheries Commission, cooperating with the research agencies in each State for that purpose.  Representatives of the said Fish and Wildlife Service shall attend the meetings of the commission.  An advisory committee to be representative of the commercial salt water fishermen and the salt water anglers and such other interests of each State as the commissioners deem advisable may be established by the commissioners from each State for the purpose of advising those commissioners upon such recommendations as it may desire to make.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 91 - Gulf States Compact › Article VIII.

When any State, other than those named specifically in Article II of this compact, shall become a party hereto for the purpose of conserving its anadromous fish or marine species in accordance with the provisions of Article II, the participation of such State in the action of the commission shall be limited to such species of fish.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 91 - Gulf States Compact › Article X.

It is agreed that any two or more States party hereto may further amend this compact by acts of their respective Legislatures, subject to approval of Congress as provided in Article I, Section X, of the Constitution of the United States, to designate the Gulf States Marine Fisheries Commission as a joint regulating authority for the joint regulation of specific fisheries affecting only such States as shall so compact, and at their joint expense.  The representatives of such States shall constitute a separate section of the Gulf States Marine Fisheries Commission for the exercise of the additional powers so granted, but the creation of such section shall not be deemed to deprive the States so compacting of any of their privileges or powers in the Gulf States Marine Fisheries Commission as constituted under the other Articles of this compact.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 91 - Gulf States Compact › Article XII.

The operating expenses of the Gulf States Marine Fisheries Commission shall be borne by the States party hereto.  Such initial appropriation as set forth below shall be made available yearly until modified as hereinafter provided:
Florida
$3,500.00
Alabama
1,000.00
Mississippi
1,000.00
Louisiana
5,000.00
Texas
2,500.00
Total
$13,000.00
The proration and total cost per annum of Thirteen Thousand ($13,000.00) Dollars, above mentioned, is estimative only, for initial operations, and may be changed when found necessary by the commission and approved by the Legislatures of the respective States.  Each State party hereto agrees to provide in the manner most acceptable to it, the travel costs and necessary expenses of its commissioners and other representatives to and from meetings of the commission or its duly constituted sections or committees.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 91 - Gulf States Compact › Article XIII. › Section 91.009. Notice of Meetings

Sec. 91.009.  NOTICE OF MEETINGS.  For informational purposes, the department shall file with the secretary of state notice of compact meetings for publication in the Texas Register.
Added by Acts 1985, 69th Leg., ch. 612, Sec. 2, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 6 - Compacts › Chapter 92 - Interstate Wildlife Violator Compact › Section 92.001. Membership in Interstate Wildlife Violator Compact

Sec. 92.001.  MEMBERSHIP IN INTERSTATE WILDLIFE VIOLATOR COMPACT.  (a)  On behalf of this state, the commission may enter into the Interstate Wildlife Violator Compact.
(b)  If necessary to protect the interests of this state, the commission may withdraw from the Interstate Wildlife Violator Compact in accordance with the terms of the compact.
(c)  The commission may take all actions necessary to implement this chapter, including the adoption of rules and the delegation of authority to the director.
Added by Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 16, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 114 - Bell County › Subchapter B. Stillhouse Hollow Reservoir › Section 114.011. Hunting Prohibited

Sec. 114.011.  HUNTING PROHIBITED.  (a)  Except as provided by Subsection (b) of this section, no person on the water of Stillhouse Hollow Reservoir in Bell County or on land that is owned by the federal government and that is adjacent to Stillhouse Hollow Reservoir may hunt any wild bird or animal.
(b)  A person may hunt birds on the water of Stillhouse Hollow Reservoir in Bell County or on land that is owned by the federal government and that is adjacent to Stillhouse Hollow Reservoir during the open season only if:
(1)  the person is at least 600 feet from the nearest private property line when the person shoots the gun;  and
(2)  the person uses a shotgun.
(c)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
Added by Acts 1981, 67th Leg., p. 2102, ch. 486, Sec. 1, eff. Aug. 31, 1981.  Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 130 - Callahan County › Subchapter B. Lake Baird › Section 130.013. Discharge of Firearm

Sec. 130.013.  DISCHARGE OF FIREARM.  (a)  Except as provided in this section, no person may shoot, fire, or discharge any pistol or rifle in, on, along, or across Lake Baird in Callahan County.
(b)  This section does not apply to peace officers or other representatives of the department in the conduct of their official duties.
(c)  This section does not apply to a person hunting with a shotgun during an open season in Callahan County.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 131 - Cameron County › Subchapter B. Provisions Generally Applicable to Hunting › Section 131.011. Audubon Society Land

Sec. 131.011.  AUDUBON SOCIETY LAND.  (a)  This section applies to Green Island and the group of three islands in Big Bay and the flats, reefs, and shallow water near those islands in Cameron County during the period that the National Association of the Audubon Societies is the lessee of those islands.
(b)  No person, other than an agent, representative, or employee of the National Association of Audubon Societies or an officer of this state or the United States may enter on the land without the knowledge or consent of the association for the purpose of hunting a bird or for the purpose of taking or destroying a bird egg or nest.
(c)  No person may hunt or molest a bird on the described land whether the person is on or off the described land.
(d)  No person may discharge a firearm or explosive on or above the described land.
(e)  No person may land, tie, or anchor a fishing boat in the described land.
(f)  This section does not prohibit an agent, representative, or employee of the association from:
(1)  hunting birds known to be a prey on other birds or eggs;  or
(2)  taking birds and eggs for propagation, conservation, or scientific purposes.
(g)  This section does not prohibit a person from taking refuge on the described land because of storms.
(h)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. .  Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.