reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter C. Special Accounts › Section 11.047. Use of Off-Highway Vehicle Trail and Recreational Area Account

Sec. 11.047.  USE OF OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA ACCOUNT.  Money in the off-highway vehicle trail and recreational area account may be used only for expenditures necessary under Chapter 29 to:
(1)  acquire, construct, develop, and maintain trails and other recreational areas for use by owners and riders of off-highway vehicles as defined by Section 29.001;
(2)  provide access to those trails and recreational areas;
(3)  make grants under Section 29.008; and
(4)  enforce and administer the off-highway vehicle trail and recreational area program.
Added by Acts 2005, 79th Leg., Ch. 367 (S.B. 1311), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter D. Special Nongame and Endangered Species Conservation Account › Section 11.051. Definitions

Sec. 11.051.  DEFINITIONS.  In this subchapter:
(1)  "Nongame" means those species of vertebrate and invertebrate wildlife that are not classified as game animals, game birds, game fish, fur-bearing animals, endangered species, alligators, marine penaeid shrimp, or oysters.
(2)  "Endangered species" means those species listed as provided by Section 68.002 of this code.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, Sec. 1, eff. June 16, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter D. Special Nongame and Endangered Species Conservation Account › Section 11.052. Special Nongame and Endangered Species Conservation Account

Sec. 11.052.  SPECIAL NONGAME AND ENDANGERED SPECIES CONSERVATION ACCOUNT.  The special nongame and endangered species conservation account is a separate account in the general revenue fund.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, Sec. 1, eff. June 16, 1983.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter D. Special Nongame and Endangered Species Conservation Account › Section 11.053. Sources of Account

Sec. 11.053.  SOURCES OF ACCOUNT.  (a)  The department shall deposit to the credit of the special nongame and endangered species conservation account all money received from:
(1)  private contributions, grants, and donations made to the special nongame and endangered species conservation account;
(2)  the net proceeds from the sale under this chapter of wildlife art prints, decals, and stamps;
(3)  interest income from the investment of money collected under this section;  and
(4)  income from entrance fees, easements, mineral leases, grazing leases, and sale of products from lands purchased with funds from the special nongame and endangered species conservation account.
(b)  The department may accept private contributions, grants, and donations made to the special nongame and endangered species conservation account.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, Sec. 1, eff. June 16, 1983.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 4, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter D. Special Nongame and Endangered Species Conservation Account › Section 11.054. Uses of Account

Sec. 11.054.  USES OF ACCOUNT.  (a)  Money in the special nongame and endangered species conservation account may be used for the following purposes:
(1)  dissemination of information pertaining to nongame and endangered species conservation, management, and values;
(2)  scientific investigation and survey of nongame and endangered species for better protection and conservation;
(3)  propagation, distribution, protection, and restoration of nongame and endangered species;
(4)  research and management of nongame and endangered species;
(5)  development of habitats for nongame and endangered species;
(6)  acquisition of habitats for nongame and endangered species;  and
(7)  matching of funds available to the department under federal programs for projects and activities authorized under this section.
(b)  Appropriations from the special nongame and endangered species conservation account are supplemental, and other accounts may be appropriated for the purposes for which the fund was established.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, Sec. 1, eff. June 16, 1983.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 5, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter D. Special Nongame and Endangered Species Conservation Account › Section 11.055. Wildlife Art Prints, Decals, and Stamps

Sec. 11.055.  WILDLIFE ART PRINTS, DECALS, AND STAMPS.  (a)  The commission may contract with and pay a person for designing and producing the wildlife art prints, decals, and stamps authorized by this subchapter.
(b)  The commission may authorize an agent, including a nonprofit wildlife conservation organization, to sell the wildlife art prints, decals, and stamps, and shall provide for the widespread availability of those items to the public.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, Sec. 1, eff. June 16, 1983.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter D. Special Nongame and Endangered Species Conservation Account › Section 11.056. Costs of Wildlife Art Prints, Decals, and Stamps

Sec. 11.056.  COSTS OF WILDLIFE ART PRINTS, DECALS, AND STAMPS.  (a)  The price of a wildlife art decal or stamp sold under this subchapter is $5.00 or an amount set by the commission, whichever amount is more.  The department may issue other editions of the stamp and decal at amounts set by the commission.
(b)  The department shall establish the royalty and a reasonable price to be paid for a wildlife art print sold under this subchapter.
(c)  Repealed by Acts 1995, 74th Leg., ch. 931, Sec. 80, eff. June 16, 1995.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, Sec. 1, eff. June 16, 1983.  Amended by Acts 1995, 74th Leg., ch. 931, Sec. 1, 80, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter E. Lifetime License Endowment Account › Section 11.061. Lifetime License Endowment Account

Sec. 11.061.  LIFETIME LICENSE ENDOWMENT ACCOUNT.  The lifetime license endowment account is a separate account in the general revenue fund.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 21, eff. Sept. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 6, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter E. Lifetime License Endowment Account › Section 11.062. Sources of Account

Sec. 11.062.  SOURCES OF ACCOUNT.  (a)  The department shall deposit to the credit of the lifetime license endowment account all money received from:
(1)  lifetime hunting, fishing, or combination licenses;
(2)  private contributions, grants, and donations made for purposes of this subchapter;
(3)  interest income from the investment of money collected under this section;  and
(4)  any other source provided by law.
(b)  The department may accept private contributions, grants, and donations made to the lifetime license endowment account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 21, eff. Sept. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 6, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter E. Lifetime License Endowment Account › Section 11.063. Uses of Account

Sec. 11.063.  USES OF ACCOUNT.  To the extent allowed by federal law, money in the lifetime license endowment fund and interest earned on the lifetime license endowment account may be used only for the purpose of managing the fish and wildlife resources of this state, as follows:
(1)  acquiring public hunting and fishing areas;
(2)  developing, managing, and repairing public hunting and fishing areas; and
(3)  making capital expenditures related to fisheries and wildlife resources, including:
(A)  land acquisition;
(B)  construction; and
(C)  the purchase of:
(i)  transportation items;
(ii)  equipment; and
(iii)  information technology resources.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 21, eff. Sept. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 708 (H.B. 3781), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter E. Lifetime License Endowment Account › Section 11.064. Restrictions

Sec. 11.064.  RESTRICTIONS.  (a) No expenditure shall be made from the principal of the lifetime license endowment account if that expenditure would lower the unencumbered balance of the principal of the account below $20 million.
(b)  The interest earnings on and principal in the lifetime license endowment account may not be used to pay salaries or employee benefits.
(c)  The interest earnings on the lifetime license endowment account may be used for any purpose described by Section 11.063.
(d)  The principal in the lifetime license endowment account may be used only for the purpose described by Section 11.063(3).
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 21, eff. Sept. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 6, eff. Sept. 1, 1993.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 708 (H.B. 3781), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter E. Lifetime License Endowment Account › Section 11.065. Investments

Sec. 11.065.  INVESTMENTS.  The commission shall adopt rules for the investment of the lifetime license endowment account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 21, eff. Sept. 1, 1986.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 6, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter F. Regulation of Mineral Recovery Operations on Department Lands › Section 11.071. Regulation of Mineral Recovery Operations

Sec. 11.071.  REGULATION OF MINERAL RECOVERY OPERATIONS.  The commission may regulate the use of department lands for oil, gas, and other mineral recovery and associated activities as the commission considers reasonable and necessary to protect the surface estate of department lands or to protect human health or property.  Department lands include state parks, wildlife management areas, and natural areas.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 22, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter F. Regulation of Mineral Recovery Operations on Department Lands › Section 11.072. Enforcement

Sec. 11.072.  ENFORCEMENT.  (a)  If a person has violated, is violating, or is threatening to violate a regulation adopted under this subchapter, the director may have a civil suit brought in a district court for injunctive relief, for assessment and recovery of a civil penalty of not less than $100 for each act of violation, or for both injunctive relief and a civil penalty.
(b)  A suit under this subchapter shall be brought in the name of the department through the attorney general.
(c)  Reasonable attorney's fees shall also be recoverable, with reimbursement to the operating fund or account from which the expenditure occurred.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 22, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 7, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter F. Regulation of Mineral Recovery Operations on Department Lands › Section 11.073. Disposition of Civil Penalties

Sec. 11.073.  DISPOSITION OF CIVIL PENALTIES.  All civil penalties recovered in suits under this subchapter shall be paid to the appropriate fund or account of the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 22, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 8, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter F. Regulation of Mineral Recovery Operations on Department Lands › Section 11.074. Effect on Other Laws

Sec. 11.074.  EFFECT ON OTHER LAWS.  This subchapter does not affect the regulatory authority of the Railroad Commission of Texas.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec. 22, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter G. Aquatic Vegetation Management › Section 11.081. Definitions

Sec. 11.081.  DEFINITIONS.  In this subchapter:
(1)  "Governing entity" means the state agency or other political subdivision with jurisdiction over a public body of surface water.
(2)  "Integrated pest management" means the coordinated use of pest and environmental information and pest control methods to prevent unacceptable levels of pest damage by the most economical means and in a manner that will cause the least possible hazard to persons, property, and the environment.
(3)  "Local plan" means a local aquatic vegetation management plan authorized by Section 11.083.
(4)  "Public body of surface water" means any body of surface water that is not used exclusively for an agricultural purpose.  The term does not include impounded water on private property.
(5)  "State plan" means the state aquatic vegetation management plan authorized by Section 11.082 and developed and implemented under this subchapter.
(6)  "Water district" means a conservation and reclamation district or an authority created under authority of Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, that has jurisdiction over a public body of surface water.  The term does not include a navigation district or a port authority.
Added by Acts 1999, 76th Leg., ch. 1461, Sec. 1.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter G. Aquatic Vegetation Management › Section 11.082. State Aquatic Vegetation Management Plan

Sec. 11.082.  STATE AQUATIC VEGETATION MANAGEMENT PLAN.  (a)  The department shall develop and by rule adopt a state aquatic vegetation management plan following the generally accepted principles of integrated pest management.  The state plan shall apply throughout the state unless a governmental entity has adopted an approved local plan.
(b)  The department shall develop the state plan in coordination with the Texas Natural Resource Conservation Commission, the Department of Agriculture, water districts and other political subdivisions of the state with jurisdiction over public bodies of surface water, and public drinking water providers.
(c)  The state plan must:
(1)  establish minimum standards for a governing entity that regulates a public body of surface water;
(2)  require that any application of aquatic herbicide complies with label rates approved by the United States Environmental Protection Agency;
(3)  ensure that any public drinking water provider that has an intake within two river miles of a site at which an application of aquatic herbicide is proposed to occur receives notice of the proposed application not later than the 14th day before the date the application is to occur;
(4)  provide for the coordination, oversight, public notification, and enforcement of all aquatic herbicide use to protect state fish and wildlife resources and habitat and to prevent unreasonable risk from the use of any aquatic herbicide;  and
(5)  require that the written notice of a proposed application of herbicide include information demonstrating that the proposed application of herbicide under a plan will not result in exceeding:
(A)  the maximum contaminant level of the herbicide in finished drinking water as set by the Texas Natural Resource Conservation Commission and the United States Environmental Protection Agency;  or
(B)  the maximum label rate, if the aquatic herbicide does not have a maximum contaminant level established by the Texas Natural Resource Conservation Commission and the United States Environmental Protection Agency.
(d)  In administering the state plan, the department shall consult with, advise, provide resources to, and otherwise assist local governments regarding aquatic vegetation management and control.  In this subsection, "local government" includes any political subdivision with jurisdiction over a public body of surface water.
Added by Acts 1999, 76th Leg., ch. 1461, Sec. 1.  Amended by Acts 2001, 77th Leg., ch. 968, Sec. 24, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter G. Aquatic Vegetation Management › Section 11.083. Local Aquatic Vegetation Management Plan

Sec. 11.083.  LOCAL AQUATIC VEGETATION MANAGEMENT PLAN.  (a)  A governing entity may develop and adopt a local aquatic vegetation management plan.  A local plan must be approved by the department, the Texas Natural Resource Conservation Commission, and the Department of Agriculture.
(b)  A local plan may take into account the particular needs and uses of the public bodies of surface water to which it will apply, but the plan may not be approved unless the plan meets the minimum standards set by the state plan.  The local plan may allow herbicide use if the person proposing to apply the herbicide notifies the governing entity not later than the 14th day before the proposed date of application.
Added by Acts 1999, 76th Leg., ch. 1461, Sec. 1, eff. Feb. 2, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter G. Aquatic Vegetation Management › Section 11.084. Application of Aquatic Herbicide in Public Body of Surface Water

Sec. 11.084.  APPLICATION OF AQUATIC HERBICIDE IN PUBLIC BODY OF SURFACE WATER.  (a)  No person may apply aquatic herbicide in a public body of surface water unless the herbicide is applied in a manner consistent with the plan adopted by the governing entity.
(b)  State money may not be used to pay for treatment of a public body of surface water with a chemical herbicide unless the application of the herbicide is performed by an applicator licensed for aquatic herbicide application by the Department of Agriculture.
(c)  An individual who does not hold an applicator's license and who desires to apply an aquatic herbicide on a public body of surface water shall give written notice not later than the 14th day before the date the application of the aquatic herbicide is to occur to the governing entity with jurisdiction over the body of water on which the application of the herbicide is proposed.  The governing entity shall respond to the individual's application not later than the day before the date the application of the aquatic herbicide is to occur.  The individual may not apply the aquatic herbicide unless the governing entity finds that the application will be consistent with the state or local plan adopted by the entity.
(d)  The state plan may provide for use of an aquatic herbicide consistent with the plan if:
(1)  the individual who desires to apply the aquatic herbicide gives notice to the appropriate governing entity in the same manner as provided by Subsection (c) for an unlicensed applicator;  and
(2)  the governing entity does not disapprove the application.
(e)  After receiving notice of a proposed application of aquatic herbicide, the governing entity shall:
(1)  provide the individual proposing the application with a copy of the state or local plan, as appropriate;
(2)  notify the individual in writing that it is a violation of state law to apply aquatic herbicides in that body of water in a manner inconsistent with the plan;  and
(3)  determine whether the proposed application is consistent with the plan.
(f)  The governing entity shall:
(1)  prohibit a proposed application of aquatic herbicide if the governing entity finds that the proposed application is inconsistent with the appropriate plan;  or
(2)  notify the individual proposing the application of the herbicide that the proposed application is not inconsistent with the appropriate plan if the governing entity finds that the proposed application is not inconsistent with the plan.
Added by Acts 1999, 76th Leg., ch. 1461, Sec. 1, eff. Feb. 2, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter G. Aquatic Vegetation Management › Section 11.085. Liability

Sec. 11.085.  LIABILITY.  (a)  The liability under other law of a governing entity that receives notice of a proposed application of aquatic herbicide is not affected by the requirements of this subchapter.
(b)  Notice by a governing entity to an individual under Section 11.084(f)(2) does not constitute authorization by that entity for the application of the herbicide.
(c)  This subchapter does not relieve an individual who applies aquatic herbicide to a public body of surface water of the obligation to comply with all applicable federal, state, or local laws, rules, ordinances, or orders relating to the application of the herbicide in the body of water.
Added by Acts 1999, 76th Leg., ch. 1461, Sec. 1, eff. Feb. 2, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter G. Aquatic Vegetation Management › Section 11.086. Records

Sec. 11.086.  RECORDS.  A governing entity shall maintain for not less than five years all records relating to notifications received under Section 11.084 and any other information relevant to a particular individual request for shoreline treatment.
Added by Acts 1999, 76th Leg., ch. 1461, Sec. 1, eff. Feb. 2, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter H. Land and Water Resources Conservation Plan › Section 11.101. Definition

Sec. 11.101.  DEFINITION.  In this subchapter, "conservation" includes the conservation of historical, natural, recreational, and wildlife resources.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 25, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter H. Land and Water Resources Conservation Plan › Section 11.102. Plan Approval; Hearing Required

Sec. 11.102.  PLAN APPROVAL;  HEARING REQUIRED.  (a)  The department must obtain approval from the commission for each development plan required by statute for a geographical area managed by the department.
(b)  The commission shall hold a hearing on approval of the plan.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 25, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter H. Land and Water Resources Conservation Plan › Section 11.103. Inventory

Sec. 11.103.  INVENTORY.  (a)  The department shall inventory all land and water associated with historical, natural, recreational, and wildlife resources in this state that are owned by:
(1)  governmental entities;  or
(2)  nonprofit entities that offer access to the land or water to the public.
(b)  The department shall use existing inventory information concerning the lands identified in Subsection (a)(1) whenever possible.
(c)  The department shall create a permanent database of the resources inventoried under Subsection (a).  At least once every 10 years, the department shall update the database as necessary to reflect changes in the resources.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 25, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter H. Land and Water Resources Conservation Plan › Section 11.104. Land and Water Resources Conservation and Recreation Plan

Sec. 11.104.  LAND AND WATER RESOURCES CONSERVATION AND RECREATION PLAN.  (a)  Using the inventory prepared under Section 11.103, the department shall:
(1)  analyze the state's existing and future land and water conservation and recreation needs;
(2)  identify threatened land and water resources in this state;  and
(3)  establish the relative importance for conservation purposes of particular resources listed in the inventory.
(b)  The inclusion of a specific parcel of land in the inventory does not create any additional right of public access to that land.
(c)  Based on the analysis made under Subsection (a), the department shall prepare a land and water resources conservation and recreation plan.   The department shall revise the plan as necessary to reflect changes in the inventory developed under Section 11.103.  The plan must include:
(1)  criteria for determining how to meet the state's conservation and recreation needs; and
(2)  measures of the effectiveness of the department in meeting the goals and objectives of the plan, including, where possible, quantifiable measures.
(d)  The department shall modify any existing plans regarding parks and wildlife management areas to make the existing plans consistent with the land and water resources conservation and recreation plan developed under this section.
(e)  The department shall base its decisions regarding the state's conservation needs on the criteria developed in the plan, including decisions relating to:
(1)  the acquisition of new resources for the conservation and recreation purposes of the department;
(2)  the divestiture of existing department-owned resources;
(3)  department grants to local parks;
(4)  department cooperation with private conservation organizations and landowners, including associations of landowners;  and
(5)  other major land conservation operations of the department.
(f)  Every five years the department shall evaluate progress towards achieving the goals and objectives of the plan prepared under Subsection (c).  The department's evaluation must:
(1)  include the effectiveness measures under Subsection (c)(2); and
(2)  identify:
(A)  the goals and objectives met by the department; and
(B)  reasons for any unmet goals or objectives.
(g)  On completion of an evaluation under Subsection (f), the department shall develop and implement practices designed to improve progress towards meeting the goals and objectives of the plan.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 25, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter H. Land and Water Resources Conservation Plan › Section 11.105. Coordination of Conservation and Recreation Operations

Sec. 11.105.  COORDINATION OF CONSERVATION AND RECREATION OPERATIONS.  The department shall:
(1)  consider all resources listed in the inventory prepared under Section 11.103 in conjunction with each other;
(2)  coordinate department activities related to those resources internally and with similar activities of other governmental or nonprofit entities;  and
(3)  set priorities for department activities related to those resources according to the most vital existing and future needs for conservation and recreation.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 25, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter H. Land and Water Resources Conservation Plan › Section 11.106. Exemptions

Sec. 11.106.  EXEMPTIONS.  Section 11.104 does not apply to:
(1)  property that is part of a fund created or specifically authorized by the constitution of this state that is administered by or with the assistance of the School Land Board or the General Land Office;  or
(2)  land, water, or property owned by the permanent university fund or any other land, water, or property owned by, administered by, or held for the use and benefit of an institution of higher education, as that term is defined in Section 61.003, Education Code.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 25, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter I. Statewide Commercial Projects › Section 11.151. Definition

Sec. 11.151.  DEFINITION.  In this subchapter, "statewide commercial project" means a commercial venture undertaken by the department throughout the state, including promotions, sales, or other activities to raise money for the department.  The term does not include a promotion or sale undertaken solely at one site.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 26, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter I. Statewide Commercial Projects › Section 11.152. Business Plans

Sec. 11.152.  BUSINESS PLANS.  Each business plan developed under this subchapter must include:
(1)  a description of the product or service provided;
(2)  an analysis of the information necessary for persons to make decisions on the project;
(3)  an analysis of the personnel necessary to manage and implement the project;
(4)  financial data, including both past performance and a budget and goals for future performance;  and
(5)  a list of the resources necessary for a successful project.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 26, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter I. Statewide Commercial Projects › Section 11.153. Department Plan: Operational Strategies

Sec. 11.153.  DEPARTMENT PLAN:  OPERATIONAL STRATEGIES.  (a)  The department shall develop an agency-wide business plan to guide its overall operational strategies for statewide commercial projects.  The plan must:
(1)  use the plans prepared under Section 11.154 for each project;
(2)  evaluate the efficiency of existing projects;
(3)  consider or propose changes to any project necessary to meet the department's overall goals;
(4)  compare each project's services and products to similar services and products available from the private sector;
(5)  seek to increase savings and improve customer service on each project;
(6)  coordinate existing projects to avoid duplication and focus resources on the most efficient and effective projects;  and
(7)  assess the potential for contracting with a private entity or individual to perform department functions relating to specific projects.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 24 (S.B. 706), Sec. 7(7), eff. September 1, 2017.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 26, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 24 (S.B. 706), Sec. 7(7), eff. September 1, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter I. Statewide Commercial Projects › Section 11.154. Individual Project Plans

Sec. 11.154.  INDIVIDUAL PROJECT PLANS.  (a)  The department shall develop a business plan for each statewide commercial project.  The plan must contain:
(1)  an accurate accounting for all project costs, including personnel and overhead costs;  and
(2)  reasonable projections of project income.
(b)  The director shall review the plan for each project at least annually to assess the overall performance and value of the project.
(c)  The department may modify a plan as necessary to meet changing conditions.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 26, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter I. Statewide Commercial Projects › Section 11.155. Adjustment or Termination of Project for Failure to Meet Financial Objectives

Sec. 11.155.  ADJUSTMENT OR TERMINATION OF PROJECT FOR FAILURE TO MEET FINANCIAL OBJECTIVES.  (a)  Except as provided by Subsection (b), the department shall adjust or terminate a statewide commercial project that fails to meet the financial objectives stated in the project's plan.
(b)  This section does not apply if the department determines that the project possesses a positive public relations value or fulfills a useful educational purpose.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 26, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter I. Statewide Commercial Projects › Section 11.156. Contract With Private Sector

Sec. 11.156.  CONTRACT WITH PRIVATE SECTOR.  The department shall consider contracting out all or part of a statewide commercial project to a private entity or individual, including a nonprofit entity or individual.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 26, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. Nonprofit Partnerships › Section 11.201. Definitions

Sec. 11.201.  DEFINITIONS.  In this subchapter:
(1)  "Nonprofit partner" means a nonpolitical legal entity that:
(A)  is incorporated under the laws of this state;
(B)  has been granted an exemption from federal income tax under Section 501(c), Internal Revenue Code of 1986, as amended;
(C)  works with the department to further department goals;  and
(D)  is selected as provided under Section 11.202.
(2)  "Official nonprofit partner" means the nonprofit partner designated by the commission under Section 11.205.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 27, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. Nonprofit Partnerships › Section 11.202. General Duties

Sec. 11.202.  GENERAL DUTIES.  (a)  The department may select and cooperate with nonprofit partners to serve department goals.
(b)  The department must obtain commission approval for each nonprofit partner selected under Subsection (a).
(c)  The commission by rule shall establish best practices for nonprofit partners to comply with.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 27, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. Nonprofit Partnerships › Section 11.203. Accountability of Nonprofit Partners; Investment Restrictions

Sec. 11.203.  ACCOUNTABILITY OF NONPROFIT PARTNERS;  INVESTMENT RESTRICTIONS.  (a)  The commission by rule shall require a nonprofit partner to comply with specified state standards and safeguards for accounting for state assets held by the nonprofit partner.
(b)  Chapter 2256, Government Code, applies to a nonprofit partner to the extent that the partner controls state money.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 27, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. Nonprofit Partnerships › Section 11.204. Plan

Sec. 11.204.  PLAN.  The department shall provide to each nonprofit partner a copy of the plan developed under Section 11.104.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 27, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. Nonprofit Partnerships › Section 11.205. Official Nonprofit Partner

Sec. 11.205.  OFFICIAL NONPROFIT PARTNER.  (a)  The commission shall designate a single nonprofit partner as the official nonprofit partner of the department, unless the commission determines in writing that no nonprofit partner is capable of effectively implementing the goals of this section.
(b)  The official nonprofit partner must be dedicated to meeting department goals.
(c)  The official nonprofit partner may accept gifts, grants, and donations to further department goals, including a gift, grant, or donation made in the name of the department.
(d)  The official nonprofit partner may use state money to acquire property or engage in construction activities only if that acquisition or construction is consistent with the department's conservation and recreation priorities outlined in the plan developed under Section 11.104.
(e)  The official nonprofit partner may organize and manage accounts for local nonprofit partners or other organizations to benefit a specific state park or other sites under the department's jurisdiction.
(f)  The commission by rule shall establish:
(1)  guidelines under which the official nonprofit partner may solicit and accept sponsorships from private entities;  and
(2)  best practices under which the partner may engage in activities under this section.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 27, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. Nonprofit Partnerships › Section 11.206. Audit of Official Nonprofit Partner

Sec. 11.206.  AUDIT OF OFFICIAL NONPROFIT PARTNER.  (a)  The official nonprofit partner shall be audited annually by an independent auditor.  The partner shall file the audit with the commission.
(b)  The official nonprofit partner's financial transactions involving and financial records relating to state money held by the nonprofit partner are subject to audit by the state auditor as provided in Section 321.013, Government Code.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 27, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. Nonprofit Partnerships › Section 11.207. Expenditures; Limits

Sec. 11.207.  EXPENDITURES;  LIMITS.  (a)  The department shall direct, by the terms of the contract or grant, how a nonprofit partner may spend any state money it receives.
(b)  A state employee may not directly spend or obligate a nonprofit partner's money.
(c)  A nonprofit partner may not spend state money to:
(1)  lobby or otherwise attempt to influence a member of the legislature;  or
(2)  directly or indirectly attempt to influence legislation.
Added by Acts 2001, 77th Leg., ch. 968, Sec. 27, eff. Sept. 1, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. Nonprofit Partnerships › Section 11.208. Partnership With Nonprofit Serving Veterans

Sec. 11.208.  PARTNERSHIP WITH NONPROFIT SERVING VETERANS.  (a)  In this section, "veteran" means a person who has served in the United States armed forces.
(b)  The department may select and cooperate with one or more nonprofit partners that exclusively serve veterans to promote hunting and fishing by those veterans.  A selection under this section must be approved by the commission.
(c)  A veteran who is a resident of this state and who is served by a nonprofit selected under Subsection (b) may:
(1)  hunt on one day without holding a hunting license required under Chapter 42 if accompanied by a representative of the nonprofit partner who holds the appropriate license; and
(2)  fish on one day without holding a fishing license required under Chapter 46 if accompanied by a representative of the nonprofit partner who holds the appropriate license.
(d)  The commission by rule shall establish:
(1)  criteria under which the department may select a nonprofit partner under this section; and
(2)  guidelines under which a representative of or a veteran served by a nonprofit partner may engage in hunting or fishing activities under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 260 (H.B. 1728), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. -1. For-Profit Partnerships › Section 11.221. Definitions

Sec. 11.221.  DEFINITIONS.  In this subchapter:
(1)  "Official corporate partner" means a for-profit entity that:
(A)  is designated an official corporate partner by the department;
(B)  works with the department to raise funds for state site operations and maintenance or other priority projects or programs; and
(C)  is selected as provided under Section 11.222.
(2)  "State site" means a state park, natural area, wildlife management area, fish hatchery, or historic site under the jurisdiction of the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 152 (H.B. 1300), Sec. 1, eff. May 28, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. -1. For-Profit Partnerships › Section 11.222. Selection; Contract

Sec. 11.222.  SELECTION; CONTRACT.  (a)  Subject to commission approval, the department may select a for-profit entity as an official corporate partner.
(b)  The department may contract with one or more official corporate partners to raise funds for state site operations and maintenance or other priority projects or programs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 152 (H.B. 1300), Sec. 1, eff. May 28, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. -1. For-Profit Partnerships › Section 11.223. Gifts and Grants; Fund-Raising

Sec. 11.223.  GIFTS AND GRANTS; FUND-RAISING.  (a)  To raise funds for state site operations and maintenance or other priority projects or programs, an official corporate partner may accept contributions, gifts, grants, and promotional campaign proceeds on behalf of the department or provide contributions, gifts, grants, and promotional campaign proceeds to the department. The department shall ensure that an official corporate partner transfers the contributions, gifts, grants, and promotional campaign proceeds accepted on behalf of the department to the department as soon as possible.
(b)  The department may contract with one or more official corporate partners to conduct joint promotional campaigns or other fund-raising efforts conducted by the department to raise funds for state site operations and maintenance or other priority projects or programs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 152 (H.B. 1300), Sec. 1, eff. May 28, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. -1. For-Profit Partnerships › Section 11.224. Use of Funds

Sec. 11.224.  USE OF FUNDS.  Money received by the department under this subchapter, including money received under a contract or licensing or other agreement or as a gift or grant, may be used only for state site operations and maintenance or other priority projects or programs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 152 (H.B. 1300), Sec. 1, eff. May 28, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. -1. For-Profit Partnerships › Section 11.225. Rules

Sec. 11.225.  RULES.  The commission shall adopt rules to implement this subchapter, including rules that establish guidelines or best practices for official corporate partners.
Added by Acts 2011, 82nd Leg., R.S., Ch. 152 (H.B. 1300), Sec. 1, eff. May 28, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter J. -1. For-Profit Partnerships › Section 11.226. Other Donation Authority Not Limited

Sec. 11.226.  OTHER DONATION AUTHORITY NOT LIMITED.  This subchapter does not limit the department's authority to accept donations that are otherwise authorized.
Added by Acts 2011, 82nd Leg., R.S., Ch. 152 (H.B. 1300), Sec. 1, eff. May 28, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter K. Management and Efficiency Reviews › Section 11.251. Maintenance Equipment Review System

Sec. 11.251.  MAINTENANCE EQUIPMENT REVIEW SYSTEM.  (a)  In this section:
(1)  "Maintenance equipment" means personal property owned by the department that is used to administer, operate, preserve, repair, expand, or otherwise maintain real property, including improvements and fixtures, owned or operated by the department.
(2)  "Outdated equipment" means equipment:
(A)  that has a fair market value that is less than the annual cost of maintaining the equipment in working order;
(B)  that is not operational and cannot reasonably be made operational; or
(C)  that no longer serves a department purpose.
(b)  The commission by rule shall establish an equipment review system through which the department annually determines whether any of the department's maintenance equipment has become outdated equipment since the last date the department conducted an equipment review under this section.
(c)  The equipment review system established under Subsection (b) must require the department to sell any outdated equipment in the manner and at the time specified by the commission by rule.
(d)  The department shall deposit proceeds from the sale of equipment under this section to the credit of the appropriate parks and wildlife account.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 18, eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 2 - Parks and Wildlife Department › Chapter 11 - Parks and Wildlife Department › Subchapter K. Management and Efficiency Reviews › Section 11.252. Maintenance Provider Review System

Sec. 11.252.  MAINTENANCE PROVIDER REVIEW SYSTEM.  (a)  In this section "maintenance" includes the administration, operation, preservation, repair, and expansion of personal property owned by the department and real property owned or operated by the department.
(b)  The commission by rule shall establish a maintenance provider review system through which the department annually determines whether a maintenance task performed by the department could be performed by a third-party contractor in a manner that:
(1)  is more cost-effective than the department's manner of performing the maintenance task; and
(2)  yields a result that is equal to or greater than the quality of the result produced by the department performing the task.
(c)  The maintenance provider review system established under Subsection (b) must require the department to contract with a third party for the performance of any maintenance task performed by the department that could be performed by a third-party contractor in the manner that meets the criteria described by Subsection (b) after the department's cost of administering the contract is added to the cost of performance by the third party.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 18, eff. June 15, 2007.