reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter K. Management and Efficiency Reviews › Section 11.253. Management Plan and Priorities List

Sec. 11.253.  MANAGEMENT PLAN AND PRIORITIES LIST.  Not later than January 15 of each odd-numbered year the department shall submit to the governor, the speaker of the house of representatives, the lieutenant governor, and the chair of each house and senate standing committee having jurisdiction over a matter regulated by the department under this code a management plan to address the department's maintenance responsibilities under this subchapter and a priorities list that includes the following information:
(1)  a prioritized list of facilities operated by the department that are most in need of repair, renovation, expansion, or other maintenance;
(2)  an itemized list explaining any additional funding requested by the department to accomplish a task described by Subdivision (1); and
(3)  the results of the reviews conducted under Sections 11.251, 11.252, and 13.019(b).
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 18, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter L. Use of Department Land › Section 11.301. Easements

Sec. 11.301.  EASEMENTS.  (a)  The commission may grant, lease, or renew permanent or temporary right-of-way easements on department land for:
(1)  public highways, roads and streets, and ditches;
(2)  electric lines and pipelines, including necessary wires, pipes, poles, and other equipment used to transmit, convey, or distribute water, electricity, gas, oil, or similar substances or commodities;
(3)  electrical substations;
(4)  equipment stations, vaults, cabinets, poles, power pedestals, and underground lines, circuits, and conduits, and other equipment used in the provision of communication services; or
(5)  the provision of utilities for the operation of facilities of the department and roadways for access to facilities of the department.
(b)  Except as provided by this subsection, the commission may not grant or lease an easement unless the commission receives the fair market value as consideration for the grant or lease.  Consideration for an easement may include goods and services. The commission may grant without consideration a state highway easement to the Texas Department of Transportation, a roadway easement to a county for connecting roads between state highways, easements to utility providers for utilities to serve department facilities, and roadway easements to a city or county to provide roadways for department facilities.
(c)  A grant or lease must contain a full reservation of minerals in and under the land.  The commission may impose other fair and reasonable conditions, covenants, and provisions.
Added by Acts 2011, 82nd Leg., R.S., Ch. 502 (H.B. 1449), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter L. Use of Department Land › Section 11.302. Carbon Sequestration and Similar Ecosystem Services Projects

Sec. 11.302.  CARBON SEQUESTRATION AND SIMILAR ECOSYSTEM SERVICES PROJECTS.  (a)  Except as otherwise provided by this subsection, the department may enter into an agreement with a public or private entity for the purpose of developing a nature-based carbon sequestration or similar ecosystem services project on department land.  This subsection does not authorize the department to enter into an agreement to develop a carbon dioxide injection well on department land.
(b)  Money received by the department from a carbon sequestration or similar ecosystem services project under this section shall be deposited:
(1)  to the credit of the game, fish, and water safety account, if the project is located on land primarily used for game or fish conservation, protection, or management; and
(2)  to the credit of the state parks account, if the project is located on land primarily used for parks, recreation, or historic sites.
Added by Acts 2023, 88th Leg., R.S., Ch. 334 (H.B. 4018), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter M. Prescribed Burns › Section 11.351. Definitions

Sec. 11.351.  DEFINITIONS.  In this subchapter:
(1)  "Landowner" includes any person who owns, has a property interest in, or leases a parcel of privately owned land or improvements on the land.
(2)  "Utility infrastructure" means any facility owned by:
(A)  an electric utility as "electric utility" is defined by Section 31.002, Utilities Code;
(B)  a telecommunications utility as "telecommunications utility" is defined by Section 51.002, Utilities Code;
(C)  a gas utility as "gas utility" is defined by Section 101.003 or 121.001, Utilities Code;
(D)  an electric cooperative as "electric cooperative" is defined by Section 11.003, Utilities Code; or
(E)  a municipally owned utility as "municipally owned utility" is defined by Section 11.003, Utilities Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 345 (H.B. 801), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter M. Prescribed Burns › Section 11.352. Applicability

Sec. 11.352.  APPLICABILITY.  This subchapter applies only to prescribed burns conducted by the department on state land managed by the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 345 (H.B. 801), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter M. Prescribed Burns › Section 11.353. General and Specific Plan Requirements

Sec. 11.353.  GENERAL AND SPECIFIC PLAN REQUIREMENTS.  (a)  The commission by rule shall adopt and shall require the department to implement a general plan for the use of beneficial prescribed burns in the management of department land.  The general plan must include standards that meet or exceed the standards for a prescribed burn set out in Section 153.047, Natural Resources Code.
(b)  The general plan must include variations as needed for different areas of the state.
(c)  The general plan must be reviewed by the Prescribed Burning Board within the Department of Agriculture.
(d)  The department may not conduct a prescribed burn under this subchapter before the general plan has been adopted by the commission.
(e)  For a particular prescribed burn, a site-specific plan tailored to the designated area must be completed and approved by a person designated by the director to review prescribed burn plans. In addition to any site-specific information required under the general plan, a site-specific plan must include:
(1)  the planned start and end dates of the prescribed burn;
(2)  a map of the designated burn area, including the location of any utility infrastructure within the designated burn area;
(3)  the names and contact numbers for:
(A)  the prescribed burn manager;
(B)  the nearest fire departments or emergency service providers; and
(C)  all landowners whose property neighbors the designated burn area; and
(4)  written documentation that applicable prescribed burn notification and approval requirements of the Texas Commission on Environmental Quality have been met.
Added by Acts 2015, 84th Leg., R.S., Ch. 345 (H.B. 801), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter M. Prescribed Burns › Section 11.354. Notice Requirements

Sec. 11.354.  NOTICE REQUIREMENTS.  (a) The department shall provide adequate advance notice of the department's intent to conduct a prescribed burn to each neighboring landowner and appropriate local officials in the vicinity of the designated burn area, including water utility officials with water facilities within two miles of the prescribed burn.
(b)  The landowner's notice must include:
(1)  the planned start and end dates of the prescribed burn;
(2)  any safety precautions the landowner should take to ensure the safety of the landowner's property before, during, and after the burn;
(3)  a map of the prescribed burn area, including the location of any utility infrastructure within the designated burn area;
(4)  the methods proposed for use in conducting the burn; and
(5)  contact information for the prescribed burn manager and the department.
(c)  The department shall publish advance notice of a planned prescribed burn in a newspaper of general circulation in the county or counties in which the burn will be conducted.
Added by Acts 2015, 84th Leg., R.S., Ch. 345 (H.B. 801), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter M. Prescribed Burns › Section 11.355. Insurance

Sec. 11.355.  INSURANCE.  The department shall purchase liability insurance or establish a self-insurance fund as provided by Subchapter B, Chapter 2259, Government Code, for liability coverage for money damages in the amounts specified by Section 153.082, Natural Resources Code, to protect the department and the department's employees against claims under this subchapter resulting from:
(1)  bodily injury or death resulting from a prescribed burn; or
(2)  injury to or destruction of property resulting from a prescribed burn.
Added by Acts 2015, 84th Leg., R.S., Ch. 345 (H.B. 801), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter M. Prescribed Burns › Section 11.356. Liability

Sec. 11.356.  LIABILITY.  The department is liable for actual damages for:
(1)  injury to or destruction of property, bodily injury, or death proximately caused by the wrongful act or omission or the negligence of an employee acting within the scope of employment if:
(A)  the injury to or destruction of property, bodily injury, or death arises from the escape of fire from a prescribed burn conducted by the department; and
(B)  the employee would be personally liable to the claimant according to Texas law;
(2)  injury to or destruction of property, bodily injury, or death so caused by the escape of fire from a prescribed burn conducted by the department if the department would, were it a private person, be liable to the claimant according to Texas law; and
(3)  injury to or destruction of utility infrastructure caused by a prescribed burn.
Added by Acts 2015, 84th Leg., R.S., Ch. 345 (H.B. 801), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter M. Prescribed Burns › Section 11.357. Limitation on Amount of Liability

Sec. 11.357.  LIMITATION ON AMOUNT OF LIABILITY.  Liability of the department under this subchapter is limited to money damages in an amount not to exceed the amount paid by the insurance provider described by Section 11.355 to the claimant.
Added by Acts 2015, 84th Leg., R.S., Ch. 345 (H.B. 801), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter M. Prescribed Burns › Section 11.358. Application of Tort Claims Act

Sec. 11.358.  APPLICATION OF TORT CLAIMS ACT.  (a)  A claim asserted under this subchapter may not also be asserted against the department under Subchapter B, Chapter 101, Civil Practice and Remedies Code, or against a department employee.
(b)  Subchapter D, Chapter 101, Civil Practice and Remedies Code, applies to a suit brought under this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 345 (H.B. 801), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter M. Prescribed Burns › Section 11.359. Waiver of Governmental Immunity; Permission to Sue

Sec. 11.359.  WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO SUE.  (a)  Sovereign immunity to suit is waived and abolished to the extent of liability created by this subchapter.
(b)  A person having a claim under this subchapter may sue the department for damages allowed by this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 345 (H.B. 801), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.001. General Duties

Sec. 12.001.  GENERAL DUTIES.  (a)  The department shall administer the laws relating to game, fish, oysters, and marine life, as set out in this code.
(b)  The department may:
(1)  collect and enforce the payment of all taxes, licenses, fines, and forfeitures due to the department;
(2)  inspect all products required to be taxed by the laws relating to game, fish, oysters, and marine life and verify the weights and measures of the products;
(3)  examine on request all streams, lakes, and ponds for the purpose of stocking with fish best suited to the locations;
(4)  manage the propagation and distribution of fish in state fish hatcheries;  and
(5)  manage the propagation and distribution of birds and game in state reservations.
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 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.0011. Resource Protection

Sec. 12.0011.  RESOURCE PROTECTION.  (a)  The department is the state agency with primary responsibility for protecting the state's fish and wildlife resources.
(b)  The department's resource protection activities include:
(1)  investigating fish kills and any type of pollution that may cause loss of fish or wildlife resources, taking necessary action to identify the cause and party responsible for the fish kill or pollution, estimating the monetary value of lost resources, and seeking restoration through presentation of evidence to the agency responsible for permitting or through suit in county or district court;
(2)  providing recommendations that will protect fish and wildlife resources to local, state, and federal agencies that approve, permit, license, or construct developmental projects;
(3)  providing information on fish and wildlife resources to any local, state, and federal agencies or private organizations that make decisions affecting those resources;  and
(4)  providing recommendations to the Texas Department of Water Resources on scheduling of in-stream flows and freshwater inflows to Texas estuaries for the management of fish and wildlife resources.
(b-1)  Recommendations and information submitted by the department under Subsection (b) in response to a request for comments from the Texas Department of Transportation must be submitted not later than the 45th day after the date the department receives the request.
(c)  An agency with statewide jurisdiction that receives a department recommendation or informational comment under Subsection (b) shall respond to the department in writing concerning the recommendation or comment.  A response must include for each recommendation or comment provided by the department:
(1)  a description of any modification made to the proposed project, fish and wildlife resource decision, or water flow schedule resulting from the recommendation or comment;
(2)  any other disposition of the recommendation or comment; and
(3)  as applicable, any reason the agency disagreed with or did not act on or incorporate the recommendation or comment.
(d)  A response under Subsection (c):
(1)  must be submitted to the department not later than the 90th day after the date the agency makes a decision or takes other action related to the recommendation or informational comment provided by the department; and
(2)  is public information under Chapter 552, Government Code.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 23, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 7, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 1(a), eff. September 1, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.003. Records

Sec. 12.003.  RECORDS.  (a)  The department shall keep a record containing the following information:
(1)  the amount of all special taxes collected;
(2)  a list of all licenses issued and the amount of license fees collected;
(3)  a list of all certificates issued for location of private oyster beds, the date of the certificate and application, when and how the applications were executed, and the manner in which the bottoms were examined and the amount of rent collected for the location;
(4)  all stock fish furnished, to whom the fish were furnished, and the cost of the stock fish;
(5)  all streams, lakes, or ponds stocked and the number and kinds of fish stocked in each;  and
(6)  all collections and disbursements of the department.
(b)  The department shall keep an account with each person, firm, or corporation holding certificates for the location of private oyster beds, showing the amounts received as rents.
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 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.004. List of Fees and Fines

Sec. 12.004.  LIST OF FEES AND FINES.  (a)  Repealed by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997.
(b)  The department shall file at the end of each calendar month a written report with the comptroller showing fines, licenses, and other fees collected, their disposition, and any other necessary information.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.005. Funds in Lieu of Taxes

Sec. 12.005.  FUNDS IN LIEU OF TAXES.  (a)  The department shall expend funds to counties and school districts for assessments in lieu of property taxes on wildlife management areas purchased from federal funds or grants authorized by the Pittman-Robertson Act  or Dingell-Johnson Act.
(b)  No general revenue funds may be expended in lieu of taxes for wildlife management areas;  however, special funds may be expended for this purpose provided reimbursement or matching from the federal government is available at a federal ratio of two to one or better.
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 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.006. Publications on Wildlife Values and Management

Sec. 12.006.  PUBLICATIONS ON WILDLIFE VALUES AND MANAGEMENT.  (a)  The department may provide or sell information, including books, magazines, photographs, prints, and bulletins, to the public about wildlife values and management.
(b)  The department may receive royalties on department-owned materials that are sold or supplied to others by the department for publication.
(c)  The department may enter into contractual agreements for publication of information concerning wildlife values and management.
(d)  Money received under this section shall be deposited in the State Treasury to the credit of the fund or 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. 24, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 679, Sec. 9, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.007. Voluntary Contribution to Fund for Veterans' Assistance

Sec. 12.007.  VOLUNTARY CONTRIBUTION TO FUND FOR VETERANS' ASSISTANCE. (a) In this section, "veterans fund" means the fund for veterans' assistance established under Section 434.017, Government Code.
(b)  When a person applies for a hunting or fishing license of any type, including a combination hunting and fishing license, under this code, the person may make a voluntary contribution of $1, $5, $10, or $20 to the veterans fund.
(c)  The department shall:
(1)  include space on the first page of each application for a hunting or fishing license that allows a person applying for the license to indicate that the person is voluntarily contributing $1, $5, $10, or $20 to the veterans fund; and
(2)  provide an opportunity for the person to contribute $1, $5, $10, or $20 to the veterans fund during the application process for a hunting or fishing license on the department's Internet website.
(d)  The department shall send any contribution made under this section to the comptroller for deposit in the state treasury to the credit of the fund for veterans' assistance not later than the 14th day of each month. Before sending the money to the veterans fund, the department may deduct money equal to the amount of reasonable expenses for developing and administering this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 160 (H.B. 1584), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.0075. Organ Donor Registry Information

Sec. 12.0075.  ORGAN DONOR REGISTRY INFORMATION.  The department shall add on the department's Internet website a link to the Glenda Dawson Donate Life-Texas Registry operated under Chapter 692A, Health and Safety Code, for persons to access when applying on the department's Internet website for a hunting or fishing license, including a combination hunting and fishing license.
Added by Acts 2019, 86th Leg., R.S., Ch. 725 (H.B. 406), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.008. Leasing of Grazing or Farming Rights: Sale of Products

Sec. 12.008.  LEASING OF GRAZING OR FARMING RIGHTS:  SALE OF PRODUCTS.  (a)  The department may lease grazing or farming rights on any land acquired by, and for the use of, the department as game preserves, game sanctuaries, and game management areas.  The department may harvest and sell, or sell in place, any timber, hay, or other product grown on land of the department when the product is found to be in excess of wildlife management needs.
(b)  The department may agree to accept consideration in lieu of money as part or full payment for a sale or lease under this section.  The consideration in lieu of money must be materials, supplies, or services that are needed for wildlife management projects on any game management area administered by the department.  The materials, supplies, or services accepted in lieu of money may be assigned a value no greater than that which the department would have been authorized to pay for them in a bona fide purchase.
(c)  The comptroller shall execute any sale of products under this section under the general law governing the sale of state property; however, the department shall determine the quantity of products to be offered for sale and the consideration in lieu of money to be received under the sale.  The department may lease grazing or farming rights under this section.  In leasing the rights, the department must follow a competitive bidding procedure.
(d)  All money derived from a sale or lease under this section shall be deposited in the state treasury to the credit of the game, fish, and water safety account.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 549, ch. 260, art. 3, Sec. 1, eff. Sept. 1, 1979;  Acts 1983, 68th Leg., p. 2885, ch. 491, Sec. 1, eff. Aug. 29, 1983;  Acts 1991, 72nd Leg., ch. 475, Sec. 1, 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 679, Sec. 10, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.106, eff. September 1, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.010. Nuisance or Noxious Aquatic Vegetation Program

Sec. 12.010.  NUISANCE OR NOXIOUS AQUATIC VEGETATION PROGRAM.  (a)  The department may implement a program to control or eradicate nuisance aquatic vegetation, including hydrilla and giant sylvania, from public water in this state.
(b)  To implement the program under this section, the department may use money from unclaimed refunds of the tax on fuel used in motorboats appropriated to the department under Section 162.502(c), Tax Code.
(c)  The department may contract with a person not employed by the department or use the services of department personnel for the control or eradication of nuisance or noxious vegetation in the water of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.011. Teaching Equipment

Sec. 12.011.  TEACHING EQUIPMENT.  On request of a state-supported institution of higher education engaged in teaching and research related to marine science and oceanography, the department may transfer to the institution fish nets, seines, motors, boats, and other marine equipment confiscated under the authority of the game and fish laws to be used in the teaching and research programs of the institution.
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 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.012. Recreational Water Safety Video

Sec. 12.012.  RECREATIONAL WATER SAFETY VIDEO.  (a)  The department shall produce a video suitable for use with high school students on recreational water safety.  The video must include instruction on safe participation in recreational activities in, on, or around the lakes, rivers, and coastal waters of this state.
(b)  The department shall notify the Texas Education Agency in writing when the recreational water safety video is available for the agency's use.
(c)  The department may edit the content of the recreational water safety video to produce a boater education video that complies with federal standards for boating education courses published by the National Association of State Boating Law Administrators.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1275 (H.B. 673), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.013. Power to Take Wildlife; Fish

Sec. 12.013.  POWER TO TAKE WILDLIFE; FISH.  (a)  An employee of the department acting within the scope of the employee's authority may possess, take, transport, release, and manage any of the wildlife and fish in this state for public safety, investigation, propagation, distribution, education, disease diagnosis or prevention, or scientific purposes.
(b)  A person who is not an employee of the department who is participating under the supervision of a department employee in a program or event designated by the director as being conducted for research or species propagation and as exempt from the normally applicable size or bag limits may possess, take, transport, or release any fish in this state to accomplish the intent of the program or event.
(c)  An employee of the department acting within the scope of the employee's authority may discharge a firearm to take wildlife on a public road or right-of-way if the wildlife is:
(1)  mortally injured; or
(2)  behaving in a manner consistent with the wildlife being diseased.
(d)  Except as provided by Subsection (e), a person or agent of the person may take wildlife on the person's property if the person:
(1)  has written authorization from the department; and
(2)  is participating under the supervision of a department employee in a program or event designated by the director as being conducted for the diagnosis, management, or prevention of a disease in wildlife.
(e)  Subsection (d) does not apply to a person or agent who is a department employee.
(f)  The commission may adopt rules to implement this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 9, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 2, eff. June 18, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 20, eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 188 (H.B. 3065), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.014. Notice of Wildlife Disease Outbreak

Sec. 12.014.  NOTICE OF WILDLIFE DISEASE OUTBREAK.  (a)  Notwithstanding any law restricting the disclosure of information by the department and subject to Subsection (b), if the department becomes aware of a wildlife disease outbreak on a property, the department shall provide notice of the location and nature of the outbreak to:
(1)  each owner of adjacent property; and
(2)  the Texas Animal Health Commission.
(b)  Subsection (a) applies only to a disease that the Texas Animal Health Commission has designated as reportable.
Added by Acts 2023, 88th Leg., R.S., Ch. 247 (S.B. 811), Sec. 3, eff. May 27, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.015. Regulation of Fish, Shellfish, and Aquatic Plants

Sec. 12.015.  REGULATION OF FISH, SHELLFISH, AND AQUATIC PLANTS.  The department shall regulate the introduction and stocking of fish, shellfish, and aquatic plants into the public water of the state.
Added by Acts 1975, 64th Leg., p. 1219, ch. 456, Sec. 17, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 110, eff. Sept. 1, 1985; Acts 1989, 71st Leg., ch. 637, Sec. 7, eff. Sept. 1, 1989.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.017. Damaging Markers

Sec. 12.017.  DAMAGING MARKERS.  (a)  No person may damage, deface, destroy, or remove, tie up a boat to, or in any way render inoperative or ineffective a marker, buoy, light or sound signal, radar reflector, or daymark or any part of these devices, including the attachment intended to hold the device in place.
(b)  The fact that a device or part of a device specified in Subsection (a) of this section may have been established by the state in water adjacent to but outside the territorial water of the state is not a defense against a prosecution for damaging state property.
Added by Acts 1977, 65th Leg., p. 1126, ch. 421, Sec. 2, eff. Aug. 29, 1977.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 2, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.018. Acceptance and Disposition of Gifts

Sec. 12.018.  ACCEPTANCE AND DISPOSITION OF GIFTS.  (a)  The department may accept a gift or donation from any person for the purpose of funding any program or function of the department relating to wildlife conservation.
(b)  A gift or donation other than money accepted under this section may be auctioned off or used as a prize in conjunction with a fund-raising program or event.  All proceeds of the auction or fund-raising program or event shall be used by the department for the purposes described by this section.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 25, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.019. Penalties

Sec. 12.019.  PENALTIES.  (a)  Except as provided by Subsection (b) of this section, a person who violates Section 12.015, 12.017, or 12.504 of this code or a regulation adopted under Section 12.015 of this code commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b)  If it is shown at the trial of the defendant for a violation of Section 12.017 of this code that he has been convicted within five years before the trial date of a violation of that section, on conviction he shall be punished for a Class B Parks and Wildlife Code misdemeanor.
(c)  A person who violates Section 12.505 of this code commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 3, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.024. Water Permit Responsibilities

Sec. 12.024.  WATER PERMIT RESPONSIBILITIES.  (a)  The Texas Department of Water Resources shall furnish to the department a copy of all permit applications to store, take, or divert water.
(b)  The department shall make recommendations to the Texas Department of Water Resources to protect fish and wildlife resources, including permit conditions, mitigation, and schedules of flow or releases.
(c)  The department shall be, on its request, a full party in any hearing on an application for a permit to store, take, or divert water.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 29, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.025. Technical Guidance to Landowners

Sec. 12.025.  TECHNICAL GUIDANCE TO LANDOWNERS.  (a)  The department may provide technical guidance to landowners who request information concerning fish, wildlife, nongame, and habitat management.
(b)  In setting priorities for the provision of money to a landowner under this section, the department shall consider:
(1)  the inventory developed under Section 11.103;  and
(2)  the priorities set under Section 11.105.
(c)  The department shall support landowner education programs and cooperate with appropriate state agencies.
(d)  The department shall provide notice of Section 12.0251 to a private landowner who requests technical assistance before entering the property to collect and record information about animal or plant life.
(e)  The commission by rule shall adopt policies, including written guidelines for a method for providing notice under Subsection (d) and for departmental entry onto privately owned land to collect information described by Section 12.0251(a).  The policies and guidelines must identify the maximum information that the department may maintain under Section 12.0251.
(f)  A review or update of a record or plan produced by the department under Section 12.0251 and maintained by the landowner or the landowner's agent may be requested by the landowner or the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 30, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 519, Sec. 2, eff. Aug. 28, 1995;  Acts 2001, 77th Leg., ch. 968, Sec. 28, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.0251. Disclosure of Information Collected During Technical Guidance to Private Landowner

Sec. 12.0251.  DISCLOSURE OF INFORMATION COLLECTED DURING TECHNICAL GUIDANCE TO PRIVATE LANDOWNER.  (a)  Except as provided by this section, information is not subject to Chapter 552, Government Code, and may not be disclosed to any person, including a state or federal agency, if the information is collected by the department in response to a landowner request relating to the specific location, species identification, or quantity of any animal or plant life that is:
(1)  protected by this code;  and
(2)  located on private land that:
(A)  is subject to a wildlife management plan developed cooperatively with the department for private land;  or
(B)  is the subject of a recommendation report prepared by the department for the landowner.
(b)  The commission or the department may disclose information described by this section only to:
(1)  the landowner;
(2)  another person if the landowner consents to full or specified partial disclosure of information and the consent is in writing and is attached to the plan or recommendation report; or
(3)  the Texas Animal Health Commission as needed to carry out a governmental purpose.
(c)  The department may release game census, harvest, habitat, or program information only if the information is summarized in a manner that prevents the identification of an individual or specific parcel of land and the landowner.
(d)  The department may prepare not more than one original record of the information collected by the department and incorporated into a wildlife management plan, and the record becomes the property of the landowner.  The department may retain one copy of the record.  The retained copy may not be disclosed except as provided by this section.
(e)  Except as provided by this subsection, the department shall send a copy of the information retained by the department relating to a landowner's property to the landowner and destroy the department's record of the information if the protected information status assigned by this section is revoked.  The department may retain a copy of the information if the landowner consents in writing.
(f)  In this section, a reference to the department includes a reference to an agent of the department.
(g)  This section does not apply to a parcel of land that is not privately owned.
Added by Acts 1995, 74th Leg., ch. 519, Sec. 3, eff. Aug. 28, 1995.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 29, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 247 (S.B. 811), Sec. 4, eff. May 27, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.026. Multiple Use of Land

Sec. 12.026.  MULTIPLE USE OF LAND.  A tract of land purchased primarily for a purpose authorized by this code may be used for any authorized function of the department if the commission determines that multiple use is the best utilization of the land's resources.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 31, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.027. Adoption of Emergency Rules

Sec. 12.027.  ADOPTION OF EMERGENCY RULES.  If the commission or the executive director finds that there is an immediate danger to a species authorized to be regulated by the department, or that strict compliance with existing department rules would in any way prevent, hinder, or delay necessary action in coping with a disaster declared by the governor, the commission or the executive director may adopt emergency rules as provided by Chapter 2001, Government Code.
Added by Acts 1989, 71st Leg., ch. 924, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 8, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter A. General Powers and Duties › Section 12.028. Powers and Duties Regarding Texas Water Trust

Sec. 12.028.  POWERS AND DUTIES REGARDING TEXAS WATER TRUST.  (a)  In this section, "Texas Water Trust" means the trust established under Section 15.7031, Water Code.
(b)  Consistent with Section 11.0235(b), Water Code, and the department's duties and responsibilities, the department shall encourage and facilitate the dedication of water rights in the Texas Water Trust through lease, donation, purchase, or other means of voluntary transfer for environmental needs, including for the purpose of maintaining or improving:
(1)  instream flows;
(2)  water quality;
(3)  fish and wildlife habitat; and
(4)  bay and estuary inflows.
(c)  The department may manage rights in the Texas Water Trust in a manner that is consistent with:
(1)  the manner in which a holder of the rights may manage the rights;
(2)  the dedication of the rights, including the dedication's terms and conditions;
(3)  Sections 11.0237, 11.027, and 11.122, Water Code; and
(4)  maximizing environmental benefits.
(d)  This section may not be construed to authorize the department to exercise any authority expressly granted to the Texas Water Development Board or the Texas Commission on Environmental Quality under Subchapter K, Chapter 15, Water Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 689 (H.B. 2225), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.101. Definitions

Sec. 12.101.  DEFINITIONS.  In this subchapter:
(1)  "Aircraft" means a device, including an airplane, ultralight airplane, or helicopter, that can be used for flight in the air.
(2)  "Contraband" means:
(A)  an aircraft, vehicle, firearm, or other device used to commit a violation of Subchapter G, Chapter 43,  of this code or a regulation of the commission adopted under that subchapter;
(B)  a vessel that is not documented by the United States Coast Guard or registered as provided by Chapter 31 and that is used to commit an offense under Section 66.006 of this code;
(C)  equipment, including a vessel, seized as provided by Section 66.2011 of this code;  or
(D)  any aircraft or vessel used to commit a second or subsequent offense under Section 61.022, 62.003, 62.004, or 62.005.
(3)  "Vessel" means watercraft, including an attached motor, that can be used for transportation on water.
Added by Acts 1995, 74th Leg., ch. 966, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.102. Inspection of Wildlife Resources

Sec. 12.102.  INSPECTION OF WILDLIFE RESOURCES.  (a)  In this section:
(1)  "Residence" means a person's principal or ordinary home or dwelling place.
(2)  "Temporary residence" means a place where a person temporarily dwells or seeks shelter.  The term does not include a hunting blind.  The term does include a:
(A)  hunting club or lodge;
(B)  clubhouse;
(C)  cabin;
(D)  tent;
(E)  manufactured home used as a hunting club or lodge;  and
(F)  hotel room, motel room, or room in a boardinghouse used during a hunting trip.
(3)  "Wildlife resource" means any animal, bird, reptile, amphibian, fish, or form of aquatic life or any part of an animal, bird, reptile, amphibian, fish, or form of aquatic life the hunting, catching, or possession of which is regulated by this code.
(b)  Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department who observes a person engaged in an activity regulated by this code or under the jurisdiction of the commission or reasonably believes that a person is or has been engaged in an activity regulated by this code or under the jurisdiction of the commission may inspect:
(1)  any license, permit, tag, or other document issued by the department and required by this code of a person hunting or catching wildlife resources;
(2)  any device that may be used to hunt or catch a wildlife resource;
(3)  any wildlife resource in the person's possession;  and
(4)  the contents of any container or receptacle that is commonly used to store or conceal a wildlife resource.
(c)  Except as provided by Subsection (d), a game warden or other peace officer commissioned by the department may inspect any wildlife resource that has been taken by a person and is in plain view of the game warden or other peace officer.
(d)  Nothing in this section authorizes a game warden or other peace officer commissioned by the department to conduct a search otherwise authorized by this section:
(1)  in a person's residence or temporary residence;  or
(2)  on a publicly maintained road or way that is:
(A)  improved, designed, or ordinarily used for vehicular traffic;
(B)  open to the public;  and
(C)  distinguishable from a shoulder, berm, or other area not intended for vehicular traffic.
Added by Acts 2003, 78th Leg., ch. 558, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter B. Enforcement Powers › Section 12.1025. Risk-Based Inspections of Nonrecreational Authorization Holders

Sec. 12.1025.  RISK-BASED INSPECTIONS OF NONRECREATIONAL AUTHORIZATION HOLDERS.  (a)  In this section, "nonrecreational authorization holder" means a holder of a license, permit, or other authorization required by this code or rules adopted under this code.  The term does not include a holder of:
(1)  a hunting license issued under Chapter 42;
(2)  a hunting or fishing stamp issued under Chapter 43;
(3)  a fishing license issued under Chapter 46; or
(4)  a combination hunting and fishing license issued under Chapter 50.
(b)  The commission by rule shall adopt a policy to guide the prioritization of inspections of nonrecreational authorization holders based on risk to the state's natural resources.
(c)  The policy adopted under this section must require that the department:
(1)  identify the nonrecreational authorization holders that require on-site inspections;
(2)  develop an assessment tool for determining the appropriate frequency and intensity of department inspections of nonrecreational authorization holders, based on key risk factors and indications of increased or decreased risk, such as repeated or remedied violations and failed or passed inspections; and
(3)  document all inspections of nonrecreational authorization holders and the results of those inspections and make the documentation available to all employees whose job descriptions include the regulation of nonrecreational authorization holders.
Added by Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 6, eff. September 1, 2021.