reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter F. Revocation or Suspension of Licenses or Permits › Section 12.501. Revocation or Suspension of License or Permit

Sec. 12.501.  REVOCATION OR SUSPENSION OF LICENSE OR PERMIT.  (a)  In this subchapter, "permittee" or "licensee" includes each member of a partnership or association, an agent acting on behalf of a partnership or association, each officer of a corporation, and the owner of a majority of a corporation's corporate stock.
(b)  The director may suspend or revoke an original or renewal permit or license issued under this code if it is found, after notice and hearing, that:
(1)  the permittee or licensee has been finally convicted of a violation of this code or proclamation or regulation adopted under this code relating to the permit or license to be suspended or revoked;
(2)  the permittee or licensee violated a provision of this code or proclamation or regulation adopted under this code relating to the permit or license to be suspended or revoked;
(3)  the permittee or licensee made a false or misleading statement in connection with the permittee's or licensee's original or renewal application, either in the formal application itself or in any other written instrument relating to the application submitted to the commission or its officers or employees;
(4)  the permittee or licensee is indebted to the state for taxes, fees, or payment of penalties imposed by this code or by a commission rule relating to a permit or license to be suspended or revoked; or
(5)  the permittee or licensee is liable to the state under Section 12.301.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 36, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 454, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter F. Revocation or Suspension of Licenses or Permits › Section 12.5015. Automatic Revocation of Hunting or Fishing License or Permit

Sec. 12.5015.  AUTOMATIC REVOCATION OF HUNTING OR FISHING LICENSE OR PERMIT.  (a)  Except as provided by this section, any hunting or fishing license or permit issued by the department to a person is automatically revoked on final conviction of the person of an offense under Section 61.022, 62.003, 62.004, 62.005, 62.0065, 62.011, 66.004(a), or 66.004(c) or a violation of a rule adopted under Section 62.0065.
(b)  If the holder of a lifetime license is finally convicted of an offense under Section 61.022, 62.003, 62.004, 62.005, 62.0065, 62.011(c), 66.004(a), or 66.004(c), or a violation of a rule adopted under Section 62.0065, the person's lifetime license is automatically suspended.  The suspension is for a period set by the court of not less than one year or more than five years.  If the court does not set a period, the suspension is for one year from the date the conviction becomes final.
(c)  On conviction of a person for an offense under Section 61.022, 62.003, 62.004, 62.005, 62.0065, 62.011(c), 66.004(a), or 66.004(c), or a violation of a rule adopted under Section 62.0065, the court shall set a period of not less than one year and not more than five years during which the department may not issue that person a license, tag, or stamp under Chapter 42, 46, or 50.  If the court does not set a period, the department may not issue that person a license, tag, or stamp under Chapter 42, 46, or 50 before the first anniversary of the date the conviction becomes final.
(d)  A person who has a license or permit revoked or suspended under this section shall surrender the revoked or suspended license or permit to the court.  The court shall send the department the revoked or suspended license or permit and a copy of the judgment of conviction.
(e)  For purposes of this section, "final conviction" includes a plea of guilty or nolo contendere to or the imposition of deferred adjudication for an offense.
Added by Acts 1997, 75th Leg., ch. 1090, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 959, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 989 (H.B. 1959), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter F. Revocation or Suspension of Licenses or Permits › Section 12.502. Notice; Hearing

Sec. 12.502.  NOTICE;  HEARING.  The department must give the licensee or permittee an opportunity for a hearing concerning the suspension or revocation of the license or permit.  Notice of the hearing must be given and the hearing held as provided by Sections 2001.052 and 2001.054, Government Code.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 36, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(70), eff. Sept. 1, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter F. Revocation or Suspension of Licenses or Permits › Section 12.503. Notice of Suspension or Revocation

Sec. 12.503.  NOTICE OF SUSPENSION OR REVOCATION.  (a)  After notice and hearing as provided by Section 12.502 of this code, the department shall notify the licensee or permittee of the suspension or revocation of the license or permit.
(b)  The notice under this section must be given personally or by registered or certified mail.
(c)  The suspension or revocation takes effect when the notice under this section is given or delivered.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 36, 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 F. Revocation or Suspension of Licenses or Permits › Section 12.504. Time of Suspension or Revocation

Sec. 12.504.  TIME OF SUSPENSION OR REVOCATION.  (a)  A license or permit may be suspended under this subchapter for a period set by the director.  The period of suspension ends on the expiration of the time set by the director or the expiration of the license or permit, whichever occurs first.
(b)  The holder of a license or permit that has been suspended may not apply for another license or permit of the same kind during the period of suspension.
(c)  The holder of a license or permit that has been revoked may not apply for another license or permit of the same kind for one year from the date the revocation takes effect.
(d)  A person who applies for a license or permit in violation of Subsection (b) or (c) of this section commits an offense.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 36, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 959, Sec. 5, 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 F. Revocation or Suspension of Licenses or Permits › Section 12.505. Violation of Suspension, Refusal, or Revocation

Sec. 12.505.  VIOLATION OF SUSPENSION, REFUSAL, OR REVOCATION.  A person who engages in an activity requiring a permit or license during the time for which such license or permit has been suspended, refused, or revoked commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 36, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 15, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 454, Sec. 5, 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 F. Revocation or Suspension of Licenses or Permits › Section 12.506. Appeal From Suspension, Refusal, or Revocation of License or Permit

Sec. 12.506.  APPEAL FROM SUSPENSION, REFUSAL, OR REVOCATION OF LICENSE OR PERMIT.  (a)  An appeal from an order of the department refusing to issue or transfer a license or permit or revoking or suspending a license or permit may be taken to a district court of Travis County.
(b)  The appeal shall be under the substantial evidence rule and against the department alone as defendant.
(c)  This section does not apply to the appeal of a decision by the department refusing to issue or renew a permit to which Subchapter G applies.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 36, eff. Sept. 1, 1985.  Amended by Acts 1999, 76th Leg., ch. 454, Sec. 2, 3, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter F. Revocation or Suspension of Licenses or Permits › Section 12.507. Alternatives to Suspension

Sec. 12.507.  ALTERNATIVES TO SUSPENSION.  (a)  In lieu of suspending a license or permit under this subchapter, the department may give the licensee or permittee the opportunity to pay a civil penalty.
(b)  The department shall determine the amount of the penalty and in doing so shall consider:
(1)  the economic impact a suspension would have on the licensee or permittee engaging in a commercial activity under the license or permit;  or
(2)  the amount reasonably necessary to deter further violations.
(c)  The amount of the civil penalty may not be less than $150 for each day the license or permit was to have been suspended.
(d)  If the licensee or permittee does not pay the penalty before the sixth day after the date on which the department notifies him of the amount, he loses the opportunity to pay it and the department may impose the suspension.
(e)  Civil penalties received by the department under this section shall be deposited to the credit of the game, fish, and water safety account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 36, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 14, 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 F. Revocation or Suspension of Licenses or Permits › Section 12.508. Refusal of License or Permit

Sec. 12.508.  REFUSAL OF LICENSE OR PERMIT.  (a)  In this section:
(1)  "Notice" includes a certified letter sent from the department by the United States Postal Service to the applicant at the last address supplied to the department by the applicant or verbal notice to the applicant by a representative of the department.
(2)  "Finally convicted" includes a final judgment of guilt, deferred adjudication, a plea of nolo contendere, or a plea of guilty.
(b)  The department may refuse to issue or transfer an original or renewal license, permit, or tag if the applicant or transferee:
(1)  has been finally convicted of a violation under this code or a rule adopted or a proclamation issued under this code;
(2)  is liable to the state under Section 12.301;  and
(3)  has failed to fully pay the amount due under Section 12.301 after the department has issued notice of liability to the applicant or transferee.
(c)  The contested case provisions of the Administrative Procedure Act (Sections 2001.051-2001.178, Government Code) do not apply to the refusal to issue, transfer, or renew a license, permit, or tag under this section.
(d)  Expired.
Added by Acts 1999, 76th Leg., ch. 454, Sec. 4, 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 G. Refusal to Issue or Renew Certain Permits Relating to the Control, Breeding, or Management of Deer; Appeal of Certain Decisions › Section 12.601. Applicability of Subchapter

Sec. 12.601.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to the following permits:
(1)  a trap, transport, and transplant permit under Section 43.061 or 43.0611;
(2)  a trap, transport, and process permit under Section 43.0612;
(3)  a deer breeder's permit under Subchapter L, Chapter 43;
(4)  a white-tailed deer management permit under Subchapter R, Chapter 43; and
(5)  a mule deer management permit under Subchapter R-1, Chapter 43.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter G. Refusal to Issue or Renew Certain Permits Relating to the Control, Breeding, or Management of Deer; Appeal of Certain Decisions › Section 12.602. Definitions

Sec. 12.602.  DEFINITIONS.  In this subchapter:
(1)  "Applicant" means a person who has applied for a new or renewal permit.
(2)  "Final conviction" means a final judgment of guilt, the granting of deferred adjudication or pretrial diversion, or the entering of a plea of guilty or nolo contendere.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter G. Refusal to Issue or Renew Certain Permits Relating to the Control, Breeding, or Management of Deer; Appeal of Certain Decisions › Section 12.603. General Circumstances for Refusal to Issue or Renew Permit

Sec. 12.603.  GENERAL CIRCUMSTANCES FOR REFUSAL TO ISSUE OR RENEW PERMIT.  The department may refuse to issue or renew a permit if the applicant fails to submit in a timely manner the following:
(1)  a completed application on a form supplied by the department and all application materials required by the department;
(2)  the required permit fee;
(3)  accurate reports as applicable; and
(4)  any additional information that the department determines is necessary to process the application.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter G. Refusal to Issue or Renew Certain Permits Relating to the Control, Breeding, or Management of Deer; Appeal of Certain Decisions › Section 12.604. Considerations for Issuance or Renewal of Permit; Applicant With Prior Penalties or Convictions

Sec. 12.604.  CONSIDERATIONS FOR ISSUANCE OR RENEWAL OF PERMIT; APPLICANT WITH PRIOR PENALTIES OR CONVICTIONS.  (a)  This section applies only to a determination of whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty for a violation of:
(1)  Subchapter C, E, L, R, or R-1, Chapter 43;
(2)  a provision of this code not described by Subdivision (1) that is punishable as a Class A or B Parks and Wildlife Code misdemeanor, a Parks and Wildlife Code state jail felony, or a Parks and Wildlife Code felony;
(3)  Section 63.002; or
(4)  the Lacey Act (16 U.S.C. Sections 3371-3378).
(b)  In determining whether to issue a permit to or renew a permit for an applicant who has a final conviction or has been assessed an administrative penalty, the department shall consider:
(1)  the number of final convictions or administrative penalties;
(2)  the seriousness of the conduct on which the final conviction or administrative penalty is based;
(3)  the existence, number, and seriousness of offenses or violations other than offenses or violations that resulted in a final conviction or administrative penalty described by Subsection (a);
(4)  the length of time between the most recent final conviction or administrative penalty and the permit application;
(5)  whether the final conviction, administrative penalty, or other offense or violation was the result of negligence or intentional conduct;
(6)  whether the final conviction or administrative penalty resulted from conduct committed or omitted by the applicant, an agent of the applicant, or both;
(7)  the accuracy of the permit history information provided by the applicant;
(8)  for a renewal, whether the applicant agreed to any special provisions recommended by the department as conditions to the expiring permit; and
(9)  other mitigating factors.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter G. Refusal to Issue or Renew Certain Permits Relating to the Control, Breeding, or Management of Deer; Appeal of Certain Decisions › Section 12.605. Procedure for Refusal to Issue or Renew Permit

Sec. 12.605.  PROCEDURE FOR REFUSAL TO ISSUE OR RENEW PERMIT.  (a)  Not later than the 10th day after the date a decision to refuse to issue or renew a permit has been made, the department shall provide to the applicant a written statement of the reasons for the decision.
(b)  The commission by rule shall adopt procedures consistent with this subchapter for the department's review of a refusal to issue or renew a permit.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter G. Refusal to Issue or Renew Certain Permits Relating to the Control, Breeding, or Management of Deer; Appeal of Certain Decisions › Section 12.606. Review of Refusal to Issue or Renew Permit

Sec. 12.606.  REVIEW OF REFUSAL TO ISSUE OR RENEW PERMIT.  In conducting a review of a decision by the department to refuse to issue or renew a permit, the department shall consider:
(1)  any applicable factors listed under Section 12.604;
(2)  the applicant's efforts toward rehabilitation;
(3)  whether there is a substantial likelihood that the applicant would repeat the conduct on which the refusal is based;
(4)  whether the conduct on which the refusal is based involved a threat to public safety; and
(5)  other mitigating factors.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter G. Refusal to Issue or Renew Certain Permits Relating to the Control, Breeding, or Management of Deer; Appeal of Certain Decisions › Section 12.607. Appeal of Department Decision Refusing to Issue or Renew Permit

Sec. 12.607.  APPEAL OF DEPARTMENT DECISION REFUSING TO ISSUE OR RENEW PERMIT.  (a)  Venue to appeal a decision of the department refusing to issue or renew a permit is a district court in Travis County.
(b)  The appeal shall be by trial de novo.
Added by Acts 2013, 83rd Leg., R.S., Ch. 99 (S.B. 820), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter H. License Deputies › Section 12.701. Issuance of License, Stamp, Permit, or Tag by License Deputies

Sec. 12.701.  ISSUANCE OF LICENSE, STAMP, PERMIT, OR TAG BY LICENSE DEPUTIES.  The department may authorize the issuance of a license, stamp, permit, or tag by a license deputy.
Added by Acts 1995, 74th Leg., ch. 931, Sec. 3, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter H. License Deputies › Section 12.702. License Deputies; Fees

Sec. 12.702.  LICENSE DEPUTIES;  FEES.  (a)  An employee of the department, a county clerk, or another person designated or contracted with by the department to issue and collect money received for a license, stamp, permit, tag, or other similar item is a license deputy and may issue and collect money for a license, stamp, permit, tag, or other similar item issued under this code, including a special issue stamp or decal.
(b)  The commission by rule may set collection and issuance fees for a license, stamp, tag, permit, or other similar item issued under any chapter of this code.  The commission shall not set any collection or issuance fees for license deputies at amounts less than the amounts in effect on June 1, 1995.  If a collection or issuance fee or other similar fee set by another section of this code conflicts with this section, the collection or issuance fee set under the authority of this section prevails.
Added by Acts 1995, 74th Leg., ch. 931, Sec. 3, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter H. License Deputies › Section 12.703. Point-of-Sale System

Sec. 12.703.  POINT-OF-SALE SYSTEM.  (a)  The department may issue a license, stamp, tag, permit, or another similar item authorized by this code or federal law through the use of automated equipment and a point-of-sale system.
(b)  The department may designate an entity to install the system for the issuance of licenses, stamps, permits, tags, or other similar items.  A designated entity may collect revenue for the department from license deputies.
(c)  The commission by rule may set the amount of compensation for a point-of-sale entity.  The compensation may include an amount to be retained by the entity from the fee collected for each item issued by the entity.  The rules must specify standards for the licenses, including the legibility of the license.
Added by Acts 1995, 74th Leg., ch. 931, Sec. 3, eff. June 16, 1995.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 30, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 570 (S.B. 1668), Sec. 1, 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 H. License Deputies › Section 12.704. Duties of License Deputies

Sec. 12.704.  DUTIES OF LICENSE DEPUTIES.  A license deputy shall:
(1)  complete and keep for the use of the department a designated copy or other record of the sale of each license, stamp, permit, or tag issued;
(2)  keep a record of each license, stamp, permit, or tag issued, showing:
(A)  the identification of the purchaser;
(B)  the serial number of the item sold;
(C)  the date of issuance;  and
(D)  any other information required by the department;  and
(3)  perform any other function required by the license deputy's agreement with the department.
Added by Acts 1995, 74th Leg., ch. 931, Sec. 3, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter H. License Deputies › Section 12.705. License, Stamp, Permit, and Tag Sales Reports

Sec. 12.705.  LICENSE, STAMP, PERMIT, AND TAG SALES REPORTS.  (a)  After the end of each calendar month or at any other time designated by the department, a license deputy shall send to the department a report on a form and in the manner prescribed by the department.
(b)  A license deputy shall furnish any other information or material required by the license deputy's agreement with the department.
(c)  The commission by rule may establish reasonable penalties for delinquent payments or reports from license deputies and may establish payment discounts for timely payments or reports from license deputies.
Added by Acts 1995, 74th Leg., ch. 931, Sec. 3, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter H. License Deputies › Section 12.706. Unissued Items

Sec. 12.706.  UNISSUED ITEMS.  A license deputy shall return to the department, at the department's request, unissued licenses, stamps, permits, tags, or any other materials or equipment furnished to the license deputy by the department.
Added by Acts 1995, 74th Leg., ch. 931, Sec. 3, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter H. License Deputies › Section 12.707. Issuance or Acceptance of License, Stamp, Permit, or Tag

Sec. 12.707.  ISSUANCE OR ACCEPTANCE OF LICENSE, STAMP, PERMIT, OR TAG.  No person may issue or accept a license, stamp, permit, or tag required by this code except on a form provided by the department.
Added by Acts 1995, 74th Leg., ch. 931, Sec. 3, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 12 - Powers and Duties Concerning Wildlife › Subchapter H. License Deputies › Section 12.708. Liability of License Deputy for Sales

Sec. 12.708.  LIABILITY OF LICENSE DEPUTY FOR SALES.  (a)  This section applies to the sale of a license, stamp, permit, or tag generated by a license deputy or by an employee or agent of a license deputy.
(b)  A license deputy holds in trust for the benefit of the state money that the license deputy receives from the sale of a license, stamp, permit, or tag, minus the amount of the authorized sales commission, until that money is transferred to the state treasury for credit to the appropriate department account.  The license deputy is liable to the department for the full amount of money held in trust.  If the license deputy is not an individual, each officer, director, or owner of the license deputy is personally liable to the department for the full amount of money held in trust.
Added by Acts 2005, 79th Leg., Ch. 822 (S.B. 804), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.001. Control by Department

Sec. 13.001.  CONTROL BY DEPARTMENT.  (a)  Except as otherwise provided by law, the following are under the department's control and custody:
(1)  all recreational and natural areas designated as state parks; and
(2)  all historical sites under the jurisdiction of the department.
(b)  The commission shall establish a classification system for state parks and wildlife management areas that categorizes wildlife management areas, parks, or a portion of parks as wildlife management areas, recreational areas, natural areas, or historical sites. The commission may not classify a historical site as a historical park.
(c)  The commission shall adopt rules governing the acquisition and development of recreational areas, natural areas, or historical sites.
(d)  The commission shall establish as a priority the acquisition of land necessary for parks that are established by this code and that comply with the classification system and rules adopted by the commission as required by this section.
(e)  The commission shall have the exclusive authority to determine sound biological management practices for all lands under its control.
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. 37, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 217, Sec. 1, eff. May 18, 1993;  Acts 1997, 75th Leg., ch. 1256, Sec. 16, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 968, Sec. 31, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 8, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.002. Development and Acquisition of Outdoor Areas

Sec. 13.002.  DEVELOPMENT AND ACQUISITION OF OUTDOOR AREAS.  The department may:
(1)  develop, operate, and maintain outdoor areas and facilities of the state;  and
(2)  acquire land, water, and interests in land and water for outdoor recreation areas and facilities.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 32, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.003. Gifts and Improvements of Park Sites

Sec. 13.003.  GIFTS AND IMPROVEMENTS OF PARK SITES.  The department may receive gifts of state park sites and may improve and equip parks sites or contract for their improvement and equipment.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.004. Financing of Park Programs

Sec. 13.004.  FINANCING OF PARK PROGRAMS.  (a)  Except as provided by Section 13.0045, the operation, maintenance, and improvement of state parks shall be financed from the general revenue fund, the state parks account, other accounts that may be authorized by law, and donations, grants, and gifts received by the department for these purposes.
(b)  No donation, grant, or gift accruing to the state or received by the department for the purpose of operating, maintaining, improving, or developing state parks may be used for any purpose other than the operation, maintenance, or developing of state parks.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 15, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 902, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0041. Use of Certain Bond Revenue

Sec. 13.0041.  USE OF CERTAIN BOND REVENUE.  The department shall, if practicable, apportion at least fifteen percent of any money received by the department from the proceeds of the sale of bonds issued under Section 50-f, Article III, Texas Constitution, to specific park maintenance or improvement projects for which matching private or local money for the specific state parks and wildlife projects has been made available to the department.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 33(a), eff. Nov. 6, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0044. Preference for Certain Park Programs

Sec. 13.0044.  PREFERENCE FOR CERTAIN PARK PROGRAMS.  In selecting parks for capital improvements, the department may give a preference to programs in which the department matches locally raised money on a dollar-for-dollar basis.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 21, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0045. Revenue Bonds for Parks and Wildlife Facilities

Sec. 13.0045.  REVENUE BONDS FOR PARKS AND WILDLIFE FACILITIES.  (a)  The department, by resolution of the commission, may request the Texas Public Finance Authority to issue revenue bonds or other revenue obligations to finance the repair, renovation, improvement, and equipping of parks and wildlife facilities for an estimated project cost not to exceed $60 million.
(b)  On receipt of the department's request, the authority shall promptly issue the bonds or other obligations under and in accordance with Chapter 1232, Government Code.
(c)  The department shall deposit the proceeds of bonds issued under this section to the credit of the Texas parks and wildlife capital account and may use the proceeds only to finance the repair, renovation, improvement, and equipping of parks and wildlife facilities.
Added by Acts 1997, 75th Leg., ch. 902, Sec. 3, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.362, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0046. Cooperation With Institutions of Higher Education

Sec. 13.0046.  COOPERATION WITH INSTITUTIONS OF HIGHER EDUCATION.  (a) In this section, "institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(b)  The commission may enter into a joint agreement with the governing board of an institution of higher education to finance and build a conference center and other appropriate related facilities to be located in or near a state park.
(c)  A facility built under this section must be operated cooperatively to provide benefits to the department and the institution of higher education in accomplishing the purposes of the department and the institution.
(d)  The commission and an institution of higher education may use any funds, property, or other assets available to finance and build a facility under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 824 (H.B. 3842), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.005. Acquisition of Historical Sites

Sec. 13.005.  ACQUISITION OF HISTORICAL SITES.  (a)  The department may acquire by purchase, gift, or other manner historical sites:
(1)  where events occurred that represent an important aspect of the cultural, political, economic, military, or social history of the nation or state;
(2)  significantly associated with the lives of outstanding historic persons or with an important event that represents a great ideal or idea;
(3)  embodying the distinguishing characteristics of an architectural type which is inherently valuable for study of a period, style, or method of construction;
(4)  that contributes significantly to the understanding of aboriginal man in the nation or state;  or
(5)  that is of significant geologic interest relating to prehistoric animal or plant life.
(b)  The department shall restore and maintain each historical site acquired under this section for the benefit of the general public.  The department may enter into interagency contracts for this purpose.
(c)  The department shall formulate plans for the preservation and development of historical sites.  Before formulating a plan for a specific site, the department shall conduct an archeological survey of the site.  In formulating plans, the department shall:
(1)  consider the results from the archeological survey for the site if the plan is for a specific site;
(2)  consider the resources necessary to manage a site;  and
(3)  meet with and consider comments made by the Texas Historical Commission.
(d)  The department and the Texas Historical Commission shall form a joint panel to establish criteria for determining whether a site is of statewide significance under Subsection (a) and to promote the continuity of a historic sites program.
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. 38, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 968, Sec. 34, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0051. Coordination With Texas Historical Commission; Report on Preservation Plans

Sec. 13.0051.  COORDINATION WITH TEXAS HISTORICAL COMMISSION;  REPORT ON PRESERVATION PLANS.  The department shall meet regularly with the Texas Historical Commission regarding plans to preserve and develop historical sites in this state.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 36, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0052. Reports

Sec. 13.0052.  REPORTS.  The department shall periodically prepare reports on plans to preserve and develop historical sites under the jurisdiction of the department in this state.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 36, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 9, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0053. Reference to Historical Sites

Sec. 13.0053.  REFERENCE TO HISTORICAL SITES.  (a)  In this section, "publication" includes the publication of a book, magazine, photograph, poster, or bulletin.
(b)  The department may not refer to a historical site as a "historical park":
(1)  in a department publication;  or
(2)  on a department marker or sign.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 36, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.006. Lease of Lands

Sec. 13.006.  LEASE OF LANDS.  (a)  The department may lease any land and improvements it holds to a city, county, special district, nonprofit organization, or political subdivision.  The leased area may not be referred to as a state facility, and no state funds may be used to operate or maintain a property leased under this section.
(b)  The conditions and duration of the lease agreement are determined by the agreement of the department and the lessee.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1999, 76th Leg., ch. 617, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0061. Lease of Grazing Rights on Park Lands; Sale of Products

Sec. 13.0061.  LEASE OF GRAZING RIGHTS ON PARK LANDS;  SALE OF PRODUCTS.  (a)  The department may lease grazing rights on any state park or any area of a state park. The department may harvest and sell, or sell in place, any timber, hay, livestock, or other product grown on state park land the department finds to be in excess of natural resource management, educational, or interpretive objectives.  Timber may be harvested only for forest pest management, salvage, or habitat restoration and under good forestry practices with the advice of the Texas Forest Service.
(b)  The department may agree to accept materials, supplies, or services instead of money as part or full payment for a sale or lease under this section.  The department may not assign to the materials, supplies, or services accepted as payment under this subsection a value that exceeds their actual market value.
(c)  Except for consideration accepted under Subsection (b) of this section, all revenue derived from a lease or sale under this section shall be deposited in the state treasury to the credit of the state parks account.
Added by Acts 1981, 67th Leg., p. 2697, ch. 734, Sec. 1, eff. June 16, 1981.  Amended by Acts 1993, 73rd Leg., ch. 447, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 679, Sec. 16, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 22, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.007. Investigation Expenses

Sec. 13.007.  INVESTIGATION EXPENSES.  A locality may pay the expenses of a representative of the department for a trip to the locality to determine the suitability of a site for a state park.  If the expenses of the representative are paid by the locality, state funds may not be used for the expenses of the trip.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.0075. Eligibility Criteria for Inclusion of Real Property in State Parks System

Sec. 13.0075.  ELIGIBILITY CRITERIA FOR INCLUSION OF REAL PROPERTY IN STATE PARKS SYSTEM.  (a)  The commission by rule shall adopt criteria for determining the eligibility of real property that is donated to the department for inclusion in the state parks system.
(b)  The department may accept a donation of real property that satisfies the criteria adopted under Subsection (a).
(c)  The department may renovate or restore donated real property, including improvements to the property, or construct new improvements on the donated real property as necessary and prudent.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 23, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.008. Solicitation, Receipt, and Transfer of Land

Sec. 13.008.  SOLICITATION, RECEIPT, AND TRANSFER OF LAND.  (a)  The department may solicit and receive donations of land for public purposes and may refuse donations of land not acceptable for public purposes.
(b)  If title to a site has vested in the department and if ownership of the site is no longer in the best interest of the department, the department may transfer the title:
(1)  to another state department or institution requesting the site;
(2)  to the donor of the land if the donor requests the return of the site;
(3)  to the United States if it has undertaken the development of the site for public purposes;
(4)  to the grantor if the deed to the department contains a reversion clause providing that title reverts to the grantor when the site is not used for the purposes for which it was acquired;  or
(5)  to any legally authorized entity if the property is to be used for public purposes.
(c)  A two-thirds vote of the commission is necessary for action taken under this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1999, 76th Leg., ch. 617, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.009. Sale or Exchange of Land

Sec. 13.009.  SALE OR EXCHANGE OF LAND.  (a)  The director with the approval of the commission may execute a deed exchanging real property or an interest in real property either as all or partial consideration for other real property or interest in real property. The director with the approval of the commission may execute a deed selling real property or an interest in real property under the jurisdiction of the department if ownership of the real property is no longer in the best interest of the department.
(b)  The department shall receive a good and marketable title to all land exchanged under this section.
(c)  All land to be received in the exchange must be appraised and if the land to be received is of greater value, as determined by an independent and competent appraisal, than the state land exchanged, the department may use funds available for land acquisitions as a partial consideration for the exchange.
(d)  The receipts from the sale of land under this section shall be used for improving or acquiring other real property dedicated to the same purpose for which the land sold was dedicated.
(e)  Notwithstanding any other law or charter provision to the contrary, the department and a municipality may agree to exchange park properties under the control or management of the department or municipal government on the following conditions:
(1)  the properties to be exchanged shall continue to be dedicated park properties and used for park purposes;
(2)  no election is required by the municipality to authorize the exchange;  and
(3)  all of the provisions of Subsections (a) through (d) of this section are complied with by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 609, ch. 220, Sec. 1, eff. May 24, 1977;  Acts 1979, 66th Leg., p. 550, ch. 260, art. 3, Sec. 2, eff. Sept. 1, 1979;  Acts 1987, 70th Leg., ch. 1069, Sec. 1, eff. June 20, 1987;  Acts 1991, 72nd Leg., ch. 246, Sec. 1, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 617, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.010. Historic Sites

Sec. 13.010.  HISTORIC SITES.  The department and the Texas Historical Commission may cooperate to locate, designate, and suitably mark historic grounds, battlefields, and other historic spots in Texas as historic sites.  Fitting markers may be erected; however, no expense may be incurred in the name of the state for this project.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 37, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 10, eff. June 17, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.011. Natural Features

Sec. 13.011.  NATURAL FEATURES.  (a)  The commission may locate and designate outstanding natural features and formations located in this state.  It may erect or contract to have erected suitable markers or monuments to call the features and formations to the public's attention.
(b)  The commission may accept title to a suitable site for a marker or monument from private individuals, associations, or corporations by gift.  Sites may also be acquired by purchase with appropriated funds.
(c)  The commission may adopt reasonable rules for accepting or purchasing sites, for determining the suitability of sites, and for establishing the priority of accepting and marking the sites.
(d)  All other agencies shall cooperate with the department to aid in the location of sites.  The department may accept jurisdiction over suitable sites located on state land by an interagency transfer of jurisdiction.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 13 - Powers and Duties Concerning Parks and Other Recreational Areas › Subchapter A. General Powers and Duties › Section 13.012. Roadside Parks

Sec. 13.012.  ROADSIDE PARKS.  An area under the control of the department which is more suitable for use as a roadside park than any other type of park may be transferred to the Texas Department of Transportation for roadside park purposes if the land meets the specifications of the Texas Department of Transportation.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(61), eff. Sept. 1, 1995.