reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 15 - Occupations Related to Employment › Chapter 2501 - Personnel Services › Subchapter E. Civil Liability › Section 2501.202. Injunction and Other Remedies

Sec. 2501.202.  INJUNCTION AND OTHER REMEDIES.  A plaintiff in an action filed under Section 2501.201 may obtain:
(1)  an order enjoining the defendant from violating this chapter;
(2)  any order necessary to restore to the plaintiff any property acquired by the defendant in violation of this chapter; or
(3)  other relief the court considers proper, including:
(A)  the appointment of a receiver if the judgment against the defendant is not satisfied within three months after the date of the final judgment; or
(B)   an order enjoining the defendant from acting as a personnel service.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 102 (S.B. 1168), Sec. 1, eff. May 20, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 565 (H.B. 3167), Sec. 2.01, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 15 - Occupations Related to Employment › Chapter 2501 - Personnel Services › Subchapter E. Civil Liability › Section 2501.203. Award of Attorney's Fees

Sec. 2501.203.  AWARD OF ATTORNEY'S FEES.  (a)  A plaintiff who prevails in an action filed under Section 2501.201 is entitled to receive court costs and reasonable and necessary attorney's fees.
(b)  On finding that an action filed under Section 2501.201 is groundless and was brought in bad faith or for the purpose of harassment, the court may award court costs and reasonable attorney's fees to the defendant.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 15 - Occupations Related to Employment › Chapter 2501 - Personnel Services › Subchapter E. Civil Liability › Section 2501.204. Deceptive Trade Practice

Sec. 2501.204.  DECEPTIVE TRADE PRACTICE.  A violation of this chapter is a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code, and any public or private right or remedy authorized by Subchapter E, Chapter 17, Business & Commerce Code, may be used to enforce this chapter.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 15 - Occupations Related to Employment › Chapter 2501 - Personnel Services › Subchapter F. Penalties › Section 2501.251. Criminal Penalty

Sec. 2501.251.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly violates this chapter.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 15 - Occupations Related to Employment › Chapter 2501 - Personnel Services › Subchapter F. Penalties › Section 2501.252. Trade Secret

Sec. 2501.252.  TRADE SECRET.  A service file is a trade secret for purposes of Section 31.05, Penal Code.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.
2023 Texas Statutes › Occupations Code › Title 15 - Occupations Related to Employment › Chapter 2501 - Personnel Services › Subchapter F. Penalties › Section 2501.254. Effect on Other Remedies and Enforcement Powers

Sec. 2501.254.  EFFECT ON OTHER REMEDIES AND ENFORCEMENT POWERS.  This chapter does not affect a public or private remedy or enforcement power available under other law.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 6, eff. June 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Subchapter A. Purpose and Policy › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in Chapter 488, Acts of the 58th Legislature, 1963 (Article 5429b-1, Vernon's Texas Civil Statutes).  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the general and permanent parks and wildlife law more accessible and understandable by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Subchapter A. Purpose and Policy › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  The Code Construction Act (Chapter 311, Government Code) applies to the construction of each provision in this code, except as otherwise expressly provided by this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 68, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Subchapter B. Property of the State › Section 1.011. Property of the State

Sec. 1.011.  PROPERTY OF THE STATE.  (a)  All wild animals, fur-bearing animals, wild birds, and wild fowl inside the borders of this state are the property of the people of this state.
(b)  All fish and other aquatic animal life contained in the freshwater rivers, creeks, and streams and in lakes or sloughs subject to overflow from rivers or other streams within the borders of this state are the property of the people of this state.
(c)  All the beds and bottoms and the products of the beds and bottoms of the public rivers, bayous, lagoons, creeks, lakes, bays, and inlets in this state and of that part of the Gulf of Mexico within the jurisdiction of this state are the property of this state.  The state may permit the use of the waters and bottoms and the taking of the products of the bottoms and waters.
(d)  The Parks and Wildlife Department shall regulate the taking and conservation of fish, oysters, shrimp, crabs, turtles, terrapins, mussels, lobsters, and all other kinds and forms of marine life, or sand, gravel, marl, mud shell, and all other kinds of shell in accordance with the authority vested in it by this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Subchapter B. Property of the State › Section 1.012. Public Fresh Water

Sec. 1.012.  PUBLIC FRESH WATER.  Any public freshwater lake, river, creek, or bayou in this state contained in any survey of private land may not be sold but shall remain open to the public.  The Parks and Wildlife Department is authorized to protect the fish in public waters under rules as it may prescribe.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Subchapter B. Property of the State › Section 1.013. Fences

Sec. 1.013.  FENCES.  This code does not prohibit or restrict the owner or occupant of land from constructing or maintaining a fence of any height on the land owned or occupied, and an owner or occupant who constructs such a fence is not liable for the restriction of the movement of wild animals by the fence.  The existence of a fence does not affect the status of wild animals as property of the people of this state.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 123, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Subchapter B. Property of the State › Section 1.014. Use of Certain Weapons in or on Bed or Bank of Navigable River or Stream Prohibited

Sec. 1.014.  USE OF CERTAIN WEAPONS IN OR ON BED OR BANK OF NAVIGABLE RIVER OR STREAM PROHIBITED.  (a)  In this section:
(1)  "Archery equipment" means a longbow, recurved bow, compound bow, or crossbow.
(2)  "Firearm" has the meaning assigned by Section 62.014.
(3)  "Navigable river or stream" has the meaning assigned by Section 90.001.
(b)  Except as provided by Subsection (c), a person may not discharge a firearm or shoot an arrow from any kind of bow if:
(1)  the person is located in or on the bed or bank of a navigable river or stream at the time the firearm is discharged or the arrow is shot from the bow; or
(2)  any portion of the ammunition discharged or arrow shot could physically contact the bed or bank of a navigable river or stream.
(c)  This section does not apply to:
(1)  an individual acting in the scope of the individual's duties as a peace officer or department employee;
(2)  the discharge of a shotgun loaded with ammunition that releases only shot when discharged;
(3)  an individual engaging in fishing using archery equipment, if the individual is in compliance with Subsection (e);
(4)  the discharge of a firearm during the legal taking of an alligator; or
(5)  the discharge of a firearm from the bank of a navigable river or stream to take a venomous snake or nonindigenous rodent by:
(A)  an owner of the land adjacent to or through which the navigable river or stream runs; or
(B)  an agent of an owner described by Paragraph (A).
(d)  This section does not limit the ability of a license holder to carry a handgun under the authority of Subchapter H, Chapter 411, Government Code.
(e)  An individual engaging in fishing using archery equipment may not possess while fishing:
(1)  an arrow equipped with fletching of any kind;
(2)  an unbarbed arrow; or
(3)  a bow that is not equipped with a reel and line.
(f)  A person who violates this section commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(g)  If conduct that constitutes an offense under this section also constitutes an offense under Title 7, the actor may be prosecuted under this section or the other law, but not both.
Added by Acts 2005, 79th Leg., Ch. 272 (H.B. 2027), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 583 (H.B. 3808), Sec. 1, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 437 (H.B. 910), Sec. 39, eff. January 1, 2016.
Acts 2019, 86th Leg., R.S., Ch. 729 (H.B. 489), Sec. 1, eff. September 1, 2019.
Transferred, redesignated and amended from Parks and Wildlife Code, Section 284.001 by Acts 2023, 88th Leg., R.S., Ch. 1090 (S.B. 1236), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Subchapter C. Definitions › Section 1.101. Definitions

Sec. 1.101.  DEFINITIONS.  In this code:
(1)  "Hunt" means capture, trap, take, or kill, or an attempt to capture, trap, take, or kill.
(2)  "Catch" means take or kill and includes an attempt to take or kill.
(3)  "Sell" means to transfer the ownership or the right of possession of an item to a person for consideration and includes a barter and an even exchange.
(4)  "Wild," when used in reference to an animal, means a species, including each individual of a species, that normally lives in a state of nature and is not ordinarily domesticated.  This definition does not include exotic livestock defined by Section 161.001(a)(4), Agriculture Code.
(5)  "Take," except as otherwise provided by this code,  means collect, hook, hunt, net, shoot, or snare, by any means or device, and includes an attempt to take or to pursue in order to take.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 378, ch. 153, Sec. 11, eff. Sept. 1, 1981;  Acts 1991, 72nd Leg., ch. 424, Sec. 3, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1256, Sec. 2, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 604, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter A. General Provisions › Section 11.001. Definitions

Sec. 11.001.  DEFINITIONS.  In this code:
(1)  "Commission" means the Parks and Wildlife Commission.
(2)  "Department" means the Parks and Wildlife Department.
(3)  "Director" means the executive director of the Parks and Wildlife Department.
(4)  "Presiding officer" means the presiding officer of the Parks and Wildlife Commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 47, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter A. General Provisions › Section 11.002. Policy Implementation

Sec. 11.002.  POLICY IMPLEMENTATION.  The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the director and the department staff.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 2, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter A. General Provisions › Section 11.003. Applicability of Certain State Law Requirements

Sec. 11.003.  APPLICABILITY OF CERTAIN STATE LAW REQUIREMENTS.  A requirement under state law that a law enforcement agency adopt a policy that requires the collection and reporting of information relating to persons detained during traffic stops, that a peace officer report information relating to persons detained during traffic and pedestrian stops, or that a law enforcement agency compile, analyze, and report information relating to persons detained during traffic and pedestrian stops does not apply to the department or an employee of the department.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter A. General Provisions › Section 11.004. Rules Relating to Residency for Hunting and Other Purposes

Sec. 11.004.  RULES RELATING TO RESIDENCY FOR HUNTING AND OTHER PURPOSES.  (a)  The commission by rule may prescribe the proof required to demonstrate residency in this state for the purpose of obtaining a license or permit issued by the department.
(b)  Expired.
(c)  Expired.
Added by Acts 2005, 79th Leg., Ch. 961 (H.B. 1636), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter A. General Provisions › Section 11.005. Social Security Numbers of Certain Minors

Sec. 11.005.  SOCIAL SECURITY NUMBERS OF CERTAIN MINORS.  (a) The commission may not adopt rules that require a person 13 years of age or younger who applies for a license under Chapter 42, 46, or 50 to provide the applicant's social security number.
(b)  The commission may adopt a rule requiring an applicant described by Subsection (a) or the applicant's parent or guardian to sign a statement that the applicant is not an obligor subject to a child support order.
Added by Acts 2015, 84th Leg., R.S., Ch. 153 (H.B. 821), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.011. Parks and Wildlife Department

Sec. 11.011.  PARKS AND WILDLIFE DEPARTMENT.  The Parks and Wildlife Department is established as an agency of the state.  It is under the policy direction of the Parks and Wildlife Commission.
Acts 1975, 64th Leg., p. 1405, ch. 541, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0111. Sunset Provision

Sec. 11.0111.  SUNSET PROVISION.  The Parks and Wildlife Department is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the department is abolished September 1, 2035.
Added by Acts 1977, 65th Leg., p. 1846, ch. 735, Sec. 2.099a, eff. Aug. 29, 1977.  Amended by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 1, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 479, Sec. 206, eff. Sept. 1, 1985;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 5.21(a), eff. Nov. 12, 1991;  Acts 2001, 77th Leg., ch. 968, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 2.05, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 1, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 3.09, eff. June 18, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.012. Commission

Sec. 11.012.  COMMISSION.  (a)  The commission consists of nine members appointed by the governor with the advice and consent of two-thirds of the members of the senate present and voting.
(b)  If the senate is not in session, the governor shall appoint the members and issue commissions to them as provided by law, and their appointment shall be submitted to the next session of the senate for its advice and consent in the manner that appointments to fill vacancies under the constitution are submitted to the senate.
(c)  Commission members must be members of the general public and meet the qualifications provided by Section 11.0121.
(d)  In making appointments under this section, the governor shall attempt to include persons with expertise in diverse fields, including fields such as historic preservation, conservation, and outdoor recreation.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, Sec. 1, eff. June 19, 1983;  Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 3, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 968, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0121. Qualifications

Sec. 11.0121.  QUALIFICATIONS.  A person may not be a public member of the commission if the person or the person's spouse:
(1)  is registered, certified, or licensed by a regulatory agency in the field of conservation, outdoor recreation, or commercial fishing, unless the license is a noncommercial hunting or fishing license or a license issued under Subchapter D, Chapter 43;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the department;  or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the department other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 4, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0122. Conflict of Interest

Sec. 11.0122.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the commission and may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1)  the person is a paid or compensated officer, employee, or paid consultant of a Texas trade association in the field of conservation, outdoor recreation, or commercial fishing;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of conservation, outdoor recreation, or commercial fishing.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 5, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0123. Lobbyist Prohibition

Sec. 11.0123.  LOBBYIST PROHIBITION.  A person may not be a member of the commission or act as the general counsel to the commission or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 6, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(23), eff. Sept. 1, 1987;  Acts 2001, 77th Leg., ch. 968, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0124. Discrimination in Appointments Prohibited

Sec. 11.0124.  DISCRIMINATION IN APPOINTMENTS PROHIBITED.  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 7, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0125. Removal of a Commission Member

Sec. 11.0125.  REMOVAL OF A COMMISSION MEMBER.  (a)  It is a ground for removal from the commission that:
(1)  a public member does not have at the time of taking office the qualifications required by Section 11.0121;
(2)  a public member does not maintain during service on the commission the qualifications required by Section 11.0121;
(3)  a member is ineligible for membership under Section 11.012(c), 11.0122, or 11.0123;
(4)  a member cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  a member is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)  If the director has knowledge that a potential ground for removal exists, the director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 8, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0126. Training Program for Commission Members

Sec. 11.0126.  TRAINING PROGRAM FOR COMMISSION MEMBERS.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing department operations;
(2)  the programs, functions, rules, and budget of the department;
(3)  the scope of and limitations of the rulemaking authority of the commission;
(4)   the results of the most recent formal audit of the department;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)   other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The director shall create a training manual that includes the information required by Subsection (b).  The director shall distribute a copy of the training manual annually to each member of the commission.  Each member of the commission shall sign and submit to the director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 10, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.013. Terms

Sec. 11.013.  TERMS.  The members of the commission hold office for staggered terms of six years, with the terms of three members expiring every two years.  Each member holds office until his successor is appointed and has qualified.  The terms expire on January 31 of odd-numbered years.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, Sec. 2, eff. June 19, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.014. Presiding Officer

Sec. 11.014.  PRESIDING OFFICER.  (a)  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
(b)  A vacancy in the office of presiding officer is filled in the same manner as the original designation.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, Sec. 3, eff. June 19, 1983;  Acts 2001, 77th Leg., ch. 968, Sec. 12, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.015. Meetings, Quorum

Sec. 11.015.  MEETINGS, QUORUM.  (a)  The commission may meet as often as is necessary but shall meet at least once during each quarter of the year.  Five members constitute a quorum.
(b)  The commission shall hold an annual public meeting to receive public comments concerning any issue relating to the commission's regulatory powers and duties.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, Sec. 4, eff. June 19, 1983;  Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 9, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0151. Public Hearings

Sec. 11.0151.  PUBLIC HEARINGS.  (a)  In this section, "major decision" means a decision in which a vote is taken on:
(1)  a rule;
(2)  a proclamation;
(3)  a contract;
(4)  a budget;
(5)  a grant;
(6)  a development plan for a geographical area managed by the department;
(7)  a memorandum of understanding with another governmental entity;  or
(8)  any other issue as determined by the commission.
(b)  The commission shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.
(c)  The commission, or any committee of the commission with at least five commission members serving on the committee, shall provide an opportunity for public testimony in an open meeting before making a major decision.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 10, eff. Sept. 1, 1985.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 13, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.016. Expenses, per Diem

Sec. 11.016.  EXPENSES, PER DIEM.  Members of the commission are entitled to reimbursement for their actual expenses incurred in attending meetings and to the per diem as provided in the general appropriations act.
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 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0161. Notification of Commission Activities

Sec. 11.0161.  NOTIFICATION OF COMMISSION ACTIVITIES.  (a)  The commission shall prepare information of public interest describing the functions of the commission.  The commission shall make the information available to the general public and appropriate state agencies.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 14, eff. September 1, 2021.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 14, eff. September 1, 2021.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 14, eff. September 1, 2021.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 14, eff. September 1, 2021.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 11, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 130, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 968, Sec. 14, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 3, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 3, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 14, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0162. Advisory Committees to Commission

Sec. 11.0162.  ADVISORY COMMITTEES TO COMMISSION.  (a)  The presiding officer may appoint committees to advise the commission on issues under its jurisdiction.
(b)  The presiding officer may adopt rules that set the membership, terms of service, qualifications, operating procedures, and other standards to ensure the effectiveness of an advisory committee appointed under this section.
Added by Acts 1999, 76th Leg., ch. 925, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 48, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0163. Use of Technology

Sec. 11.0163.  USE OF TECHNOLOGY.  The commission shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions.  The policy must ensure that the public is able to interact with the department on the Internet.
Added by Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0164. Negotiated Rulemaking and Alternative Dispute Resolution Procedures

Sec. 11.0164.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction.
(b)  The department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the department.
Added by Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0165. Complaints

Sec. 11.0165.  COMPLAINTS.  (a)  The department shall maintain a system to promptly and efficiently act on complaints filed with the department.  The department shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The department shall make information available describing its procedures for complaint investigation and resolution.
(c)  The department shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation.
Added by Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.017. Executive Director

Sec. 11.017.  EXECUTIVE DIRECTOR.  The commission may appoint an executive director who is the chief executive officer of the department and performs its administrative duties.  The director serves at the will of the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0171. Authority to Contract

Sec. 11.0171.  AUTHORITY TO CONTRACT.  (a)  Subject to Section 12.0251, for the purpose of carrying out the powers, duties, and responsibilities of the department, the executive director, or the executive director's designee, may negotiate, contract, or enter an agreement:
(1)  with:
(A)  the United States or any of its agencies;
(B)  another state or a political subdivision of another state or of this state;  or
(C)  a nonprofit organization for research and field work;  or
(2)  for professional services relating to a project of the department, including project management, design, bid, and construction administration, consistent with Subchapter A, Chapter 2254, Government Code.
(b)  The commission by rule shall adopt policies and procedures consistent with applicable state procurement practices for soliciting and awarding the contracts under this section.
(c)  The executive director may negotiate with and award a contract for goods or services to any qualified vendor if the executive director:
(1)  solicits bids for the goods or services through a competitive process in compliance with all applicable laws, including Chapters 2155, 2254, and 2269, Government Code, that fails to result in competitive responsive bids;
(2)  makes a written determination that resoliciting bids for the goods or services would:
(A)  be unlikely to result in responsive bids;
(B)  increase costs to the department; or
(C)  delay the ability of the department to address a critical need; and
(3)  determines that the vendor meets the requirements of the original solicitation.
(d)  To the extent practicable, the executive director may combine the procurement of multiple goods or services into a single competitively bid contract to enhance the contract's attraction for potential vendors.
Added by Acts 1999, 76th Leg., ch. 618, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 296 (H.B. 2777), Sec. 1, eff. June 2, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0172. Limit on Contracts for Publications

Sec. 11.0172.  LIMIT ON CONTRACTS FOR PUBLICATIONS.  (a)  In this section:
(1)  "Publication" includes the publication of a book, magazine, photograph, poster, or bulletin.
(2)  "Youth" means an individual younger than 17 years of age.
(b)  The department may not contract with a person regarding a publication unless the contract provides the department the authority to:
(1)  terminate the contract for a violation of a rule adopted under Subsection (c);
(2)  retain final approval over the content of the publication, including advertising;  and
(3)  request and receive an appropriate number of copies of the publication that contain advertising that is appropriate for viewing by youth.
(c)  The commission shall adopt rules regarding the types of advertising that are appropriate for viewing by youth.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 15, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0173. Prohibition on Tobacco Advertising

Sec. 11.0173.  PROHIBITION ON TOBACCO ADVERTISING.  (a)  In this section, "publication" includes the publication of a book, magazine, photograph, poster, or bulletin.
(b)  The department may not accept an advertisement that promotes the sale of tobacco in a publication sponsored or published by the department.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 15, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0174. Internal Affairs Office

Sec. 11.0174.  INTERNAL AFFAIRS OFFICE.  (a)  The executive director shall establish the office of internal affairs.
(b)  The office of internal affairs has original departmental jurisdiction over all investigations of cases alleging criminal conduct:
(1)  occurring on department property;
(2)  engaged in by on-duty department employees; or
(3)  engaged in by officers commissioned by the department performing off-duty work related to their official duties.
(c)  The office of internal affairs shall oversee and review, but need not conduct, all investigations under this section.
(d)  An investigation under this section may be initiated only by the executive director or the commission.
(e)  The executive director shall appoint the head of the office of internal affairs.  The head of the office of internal affairs serves until removed by the executive director.
(f)  The head of the office of internal affairs shall:
(1)  report directly to the executive director regarding performance of and activities related to investigations;
(2)  report to the executive director for administrative purposes; and
(3)  provide the executive director or commission with information regarding investigations as appropriate.
(g)  The head of the office of internal affairs shall present at each regularly scheduled commission meeting and at other appropriate times a summary of information relating to investigations conducted under this section that includes analysis of the number, type, and outcome of investigations, trends in the investigations, and any recommendations to avoid future complaints.
Added by Acts 2009, 81st Leg., R.S., Ch. 952 (H.B. 3391), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.018. Employees

Sec. 11.018.  EMPLOYEES.  The director may appoint heads of divisions, law enforcement officers, park managers, and other employees authorized by appropriations and necessary for administering the duties and services of the department.  These employees serve at the will of the director.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1983, 68th Leg., p. 122, ch. 29, Sec. 1, eff. April 19, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0181. Employees as Educators and Outreach Proponents

Sec. 11.0181.  EMPLOYEES AS EDUCATORS AND OUTREACH PROPONENTS.  (a)  Employees of the department through education and outreach shall:
(1)  expand the wise use and conservation of fish and wildlife resources;  and
(2)  increase the participation in outdoor recreation, including recreational activities in urban areas consistent with the mission and goals of the department.
(b)  The department may use money from any of the department's special accounts to pay for education and outreach activities performed by department employees or to provide grants for education and outreach activities to be performed by other entities.
(c)  The department shall manage the outreach and education activities performed under this section to ensure that the activities:
(1)  are consistent with the department's mission and goals;
(2)  do not duplicate other efforts by the department or other entities;
(3)  provide a cost-effective method for reaching participants;  and
(4)  can be effectively measured.
Added by Acts 1997, 75th Leg., ch. 1256, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 16, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0182. Employee Fund-Raising

Sec. 11.0182.  EMPLOYEE FUND-RAISING.  (a)  This section applies only to the solicitation or receipt of a gift, including money, that has a value of $500 or more.
(b)  The commission by rule shall adopt policies to govern fund-raising activities by department employees on behalf of the department.  The rules must:
(1)  designate the types of employees who may solicit donations;
(2)  restrict where and how fund-raising may occur;  and
(3)  establish requirements for reports by employees to the director.
(c)  The director shall approve and manage fund-raising activities by department employees on behalf of the department in accordance with commission rules.
(d)  The state auditor may audit the fund-raising activities performed under this section, subject to a risk assessment performed by the state auditor and to the legislative audit committee's approval of including the audit in the audit plan under Section 321.013(c), Government Code.  If the state auditor performs an audit, the audit shall disclose who has engaged in fund-raising activities for the department and the value of gifts each person has received or solicited.  The state auditor shall report the results of the audit to the presiding officer of each house of the legislature and of each committee having primary jurisdiction over the department.  Each member of the legislature may access the report.
(e)  Policies adopted by the commission under Subsection (b) are public information under Chapter 552, Government Code.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 17, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 74, eff. Sept. 1, 2003.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter B. Organization of Department › Section 11.0183. Donation of Accrued Compensatory Time or Accrued Annual Leave for Legislative Purposes

Sec. 11.0183.  DONATION OF ACCRUED COMPENSATORY TIME OR ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES.  (a)  The director shall allow a peace officer commissioned by the department to voluntarily transfer to a legislative leave pool up to eight hours of compensatory time or annual leave per year earned by the peace officer.
(b)  The director or the director's designee shall administer the legislative leave pool.
(c)  The commission shall adopt rules and prescribe procedures relating to the operation of the legislative leave pool.
(d)  The director or the director's designee shall credit the legislative leave pool with the amount of time contributed by a peace officer commissioned by the department and deduct a corresponding amount of time from the peace officer's earned compensatory time or annual leave as if the peace officer had used the time for personal purposes.
(e)  A peace officer commissioned by the department is entitled to use time contributed to the legislative leave pool if the peace officer uses the time for legislative leave on behalf of a law enforcement association:
(1)  related to the peace officer's employment with the department;
(2)  that has at least 150 active or retired members; and
(3)  that is governed by a board of directors.
(f)  The director or the director's designee shall transfer time from the pool to the peace officer and credit the time to the peace officer.
(g)  A peace officer commissioned by the department may only withdraw time from the legislative leave pool in coordination with and with the consent of the president or designee of the law enforcement association described in Subsection (e).  A peace officer may not draw more than 80 hours from the pool in a 160-hour work cycle and may not draw more than 480 hours from the pool in a fiscal year.
(h)  A peace officer commissioned by the department shall use time from the legislative leave pool in accordance with rules adopted by the commission.
Added by Acts 2023, 88th Leg., R.S., Ch. 278 (S.B. 922), Sec. 1, eff. September 1, 2023.