reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.130. Boater Education Course Permitted in Lieu of Fine

Sec. 31.130.  BOATER EDUCATION COURSE PERMITTED IN LIEU OF FINE.  (a)  Except as provided by Section 31.131, this section applies to a person who violates for the first time a provision of this chapter relating to the operation of a vessel.
(b)  A justice may defer imposition of a fine and place a defendant on probation for a period not to exceed 60 days if the defendant:
(1)  pleads guilty or nolo contendere or is found guilty;  and
(2)  requests permission from the court to attend a boater education course.
(c)  The justice shall require the defendant to successfully complete a boater education course approved by the department during the probation period.
(d)  If the defendant presents satisfactory evidence that the defendant has successfully completed the boater education course, the justice shall waive imposition of a fine.  If the defendant fails to successfully complete the boater education course, the justice shall impose a fine for the violation.
Added by Acts 1997, 75th Leg., ch. 1363, Sec. 11, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.131. Boater Education Course Required for Certain Violations

Sec. 31.131.  BOATER EDUCATION COURSE REQUIRED FOR CERTAIN VIOLATIONS.  (a)  A justice shall require a person who is adjudged guilty of an offense resulting from the violation of a provision of Sections 31.094-31.103 or 31.106 to:
(1)  pay any fine imposed for the violation;  and
(2)  successfully complete a boater education course approved by the department not later than the 90th day after the date the person is adjudged guilty.
(b)  If the person fails to successfully complete the boater education course, the person commits an offense that is a Class A Parks and Wildlife Code misdemeanor.
Added by Acts 1997, 75th Leg., ch. 1363, Sec. 11, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter E. Enforcement and Penalties › Section 31.132. Reporting Procedures for Enforcement Officers

Sec. 31.132.  REPORTING PROCEDURES FOR ENFORCEMENT OFFICERS.  (a)  Except as provided by Subsection (b), a marine safety enforcement officer shall provide to the department on a form prescribed by the department a report of any incident the officer investigates that involves a boating accident, water fatality, or person who allegedly operates a boat while intoxicated.  The officer shall provide the report not later than the 15th day after the date the officer initially became aware of the incident.
(b)  This section does not apply to an incident that is required to be reported under Section 31.105(c).
Added by Acts 1997, 75th Leg., ch. 1363, Sec. 11, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 474 (H.B. 555), Sec. 2, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 943 (S.B. 1670), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter F. Water Facilities › Section 31.141. Boat Ramps

Sec. 31.141.  BOAT RAMPS.  (a)  The department may construct and maintain boat ramps and access roads by the use of existing or additional services or facilities of the department.
(b)  On the completion of the work, the department shall prepare and send vouchers to the comptroller of public accounts payable to the department or to any person, firm, or corporation for reimbursement for the work, and the comptroller shall issue warrants on the game, fish, and water safety account to reimburse the department or any person, firm, or corporation for the work performed.
(c)  The department may remove sand, silt, and other materials from state-owned submerged land and may contract for the removal of sand, silt, and other materials from state-owned submerged land to provide access to boat ramps.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1979, 66th Leg., p. 1069, ch. 499, Sec. 1, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 679, Sec. 40, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter F. Water Facilities › Section 31.142. Buoys and Markers

Sec. 31.142.  BUOYS AND MARKERS.  The department may provide for a standardized buoy-marking program for the inland water of the state.  The department may purchase and provide the controlling agency of the water bodies with buoys and markers.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 41, eff. Sept. 1, 1993.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter G. Party Boats › Section 31.171. Definitions

Sec. 31.171.  DEFINITIONS.  In this subchapter:
(1)  "Licensed party boat operator" means a person issued a license by the department under this subchapter.
(2)  "Party boat" means a vessel:
(A)  operated by the owner of the vessel or an employee of the owner; and
(B)  rented or leased by the owner for a group recreational event for more than six passengers.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter G. Party Boats › Section 31.172. Applicability; Exception

Sec. 31.172.  APPLICABILITY; EXCEPTION.  (a)  This subchapter applies only to a party boat that operates on the inland waters of this state.
(b)  This subchapter does not apply to a boat that is less than 30 feet in length or to a sailboat.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter G. Party Boats › Section 31.173. Party Boat Operator and Staff

Sec. 31.173.  PARTY BOAT OPERATOR AND STAFF.  (a)  Except as provided by Subsection (c), the party boat owner shall provide staff members, including a licensed party boat operator, who:
(1)  operate and staff the party boat for the duration of a rental or lease for a group recreational event as follows:
(A)  for a boat with not more than 25 passengers, one staff member who is an operator;
(B)  for a boat with at least 26 but not more than 50 passengers, two staff members, including one operator; and
(C)  for a boat with more than 50 passengers, three staff members, including one operator; and
(2)  have each successfully completed a boater safety course approved under this chapter.
(b)  At least one staff member on the boat must be certified to conduct cardiopulmonary resuscitation.
(c)  This section does not apply to a party boat rented or leased for an overnight or longer period for which the owner, or the owner's staff, does not intend to remain in constant possession, command, and control of the party boat.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter G. Party Boats › Section 31.174. Boat Requirements

Sec. 31.174.  BOAT REQUIREMENTS.  A party boat:
(1)  may not carry more than the maximum number of passengers the boat may safely accommodate as determined by the department on inspection;
(2)  must have a direct and reliable communication connection to the land-based office of the owner and law enforcement and emergency services by cellular telephone or very high frequency radio; and
(3)  must pass an annual water safety inspection conducted by the department or a person under contract with the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter G. Party Boats › Section 31.175. Passenger Safety Information; Insurance

Sec. 31.175.  PASSENGER SAFETY INFORMATION; INSURANCE.  (a)  The owner of a party boat shall provide each passenger with written and verbal safety information and require each passenger to sign a form acknowledging that the passenger reviewed and understands the information.
(b)  The verbal and written safety information must disclose that no lifeguard is present on the party boat if there is not at least one staff member on the boat who is certified as a lifeguard by the American Red Cross, the American Lifeguard Association, or another comparable nationally recognized organization.
(c)  The owner of a party boat must obtain at least a minimum amount of liability insurance from an insurer licensed to do business in this state. The commission shall set the amount.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter G. Party Boats › Section 31.176. Party Boat Operator License

Sec. 31.176.  PARTY BOAT OPERATOR LICENSE.  (a)  The commission by rule shall establish, as necessary to protect the public health and safety, the requirements and procedures for the issuance and renewal of a party boat operator license under this subchapter.
(b)  Except as provided by Subsection (c), the rules for obtaining a license as a party boat operator must require at a minimum that the applicant:
(1)  be at least 21 years of age;
(2)  observe for at least four hours a licensed party boat operator operating a party boat on open water;
(3)  operate for at least four hours a party boat on open water while being supervised and observed by a licensed party boat operator; and
(4)  pass a written examination covering onboard safety procedures and the applicable provisions of this chapter.
(c)  An applicant is not required to comply with Subsections (b)(2) and (3) if the applicant has:
(1)  at least 25 hours of experience operating a party boat as shown by appropriate documentation; and
(2)  no record of boating violations.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter G. Party Boats › Section 31.177. Fees

Sec. 31.177.  FEES.  (a)  The commission by rule shall establish and collect a reasonable fee for:
(1)  the issuance of a party boat operator license under this subchapter; and
(2)  the annual water safety inspection of a party boat required by this subchapter.
(b)  A fee collected by the department under this subchapter and any interest that accrues on the fee shall be deposited to the credit of the game, fish, and water safety account established under Section 11.032.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter G. Party Boats › Section 31.178. Drug and Alcohol Testing

Sec. 31.178.  DRUG AND ALCOHOL TESTING.  If a party boat is involved in an accident causing serious personal injury or death, each staff member on board is subject to mandatory drug and alcohol testing.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter G. Party Boats › Section 31.179. Enforcement

Sec. 31.179.  ENFORCEMENT.  (a)  In addition to a game warden, any peace officer of a municipality or other political subdivision of this state who is certified as a marine safety enforcement officer under Section 31.121 may enforce this subchapter:
(1)  in the area of a navigable body of water that is in the jurisdiction of the municipality or other political subdivision; or
(2)  in any part of a lake that is partly or wholly inside the boundaries of:
(A)  the municipality or its extraterritorial jurisdiction; or
(B)  the political subdivision.
(b)  A party boat is subject to enforcement inspections conducted under Section 31.124.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 31 - Water Safety › Subchapter G. Party Boats › Section 31.180. Rules

Sec. 31.180.  RULES.  The commission shall adopt and enforce rules necessary to implement this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1159 (H.B. 12), Sec. 19A(a), eff. June 15, 2007.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter A. General Provisions › Section 32.001. Definitions

Sec. 32.001.  DEFINITIONS.  In this chapter:
(1)  "Coastal water" means those waters east and south of the coastal waters boundary established in 31 T.A.C. Section 65.3(10).
(2)  "Floating cabin" means a structure securely moored in the coastal water of this state used for habitation or shelter and not routinely used for transportation.  The term includes all mooring lines, anchors, anchor lines, spuds, and pilings and any other tethering devices.  The term does not include a structure permitted by the General Land Office under Chapter 33, Natural Resources Code.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter A. General Provisions › Section 32.002. Applicability to Coastal Water

Sec. 32.002.  APPLICABILITY TO COASTAL WATER.  This chapter applies only to floating cabins moored in coastal water.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter A. General Provisions › Section 32.003. Applicability of Other Law

Sec. 32.003.  APPLICABILITY OF OTHER LAW.  Chapter 33, Natural Resources Code, does not apply to a floating cabin regulated under this chapter.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter A. General Provisions › Section 32.004. Exemption

Sec. 32.004.  EXEMPTION.  Subchapter B does not apply to a floating cabin owned by a state agency.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter A. General Provisions › Section 32.005. Rules

Sec. 32.005.  RULES.  The commission may adopt rules to implement this chapter.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter A. General Provisions › Section 32.006. Nonapplicability of Chapter 2001, Government Code

Sec. 32.006.  NONAPPLICABILITY OF CHAPTER 2001, GOVERNMENT CODE.  The contested case provisions of the Administrative Procedure Act (Sections 2001.051-2001.178, Government Code) do not apply to this chapter.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter B. Permits for Floating Cabins › Section 32.051. Permit Required

Sec. 32.051.  PERMIT REQUIRED.  A person may not own, maintain, or use a floating cabin in the public coastal water of this state unless a permit has been issued under this chapter for the floating cabin.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter B. Permits for Floating Cabins › Section 32.052. Eligibility for Permit

Sec. 32.052.  ELIGIBILITY FOR PERMIT.  A person may apply for a floating cabin permit if:
(1)  the person owns the floating cabin;
(2)  the floating cabin floats at high tide;  and
(3)  the owner owned and moored the floating cabin before August 31, 2001.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter B. Permits for Floating Cabins › Section 32.053. Application for Permit; Refund

Sec. 32.053.  APPLICATION FOR PERMIT;  REFUND.  (a)  An applicant must apply for a permit on a form prescribed by the department.  The department shall issue a floating cabin permit to an applicant who:
(1)  meets the eligibility requirements of Section 32.052;
(2)  provides the name, mailing address, and telephone number of the applicant;
(3)  describes the exact location of the floating cabin in terms of longitude, latitude, degrees, minutes, and seconds as determined by the global positioning system;
(4)  describes the height, length, and width of the floating cabin;
(5)  provides the department with a color photograph with a full view of the floating cabin;
(6)  not later than August 31, 2001, pays a fee of $1,500 or a lesser amount set by the commission;  and
(7)  provides the department with any other information that the department reasonably requires.
(b)  The applicant and each owner of the floating cabin must sign the application under penalty of perjury.
(c)  The department shall remit all fees collected under this section to the comptroller for deposit to the credit of the floating cabins cleanup account in the general revenue fund.  Money in the account may be used only for the cleanup of illegal or abandoned floating cabins and related debris in the coastal water.
(d)  If the permit holder elects to retire the permit, the department shall refund the fee under this section on confirmation of proper removal of the floating cabin.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter B. Permits for Floating Cabins › Section 32.054. Term of Permit

Sec. 32.054.  TERM OF PERMIT.  A floating cabin permit issued under this chapter has a term of one year.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter B. Permits for Floating Cabins › Section 32.055. Original Permit and Permit Renewal Fee

Sec. 32.055.  ORIGINAL PERMIT AND PERMIT RENEWAL FEE.  (a)  An original application for permit under Section 32.053 must be accompanied by a permit application fee of $300.
(b)  To renew a floating cabin permit, a permit holder must apply in the manner prescribed by commission rule and pay a permit renewal fee of $300.
(c)  The department may refuse to issue or transfer an original or renewal license, permit, or tag if the permittee has:
(1)  been finally convicted of a violation of Section 32.154;
(2)  failed to comply with a notice issued under Section 32.154;  or
(3)  failed to pay a civil penalty assessed under Section 32.154.
(d)  The department shall remit all fees collected under this section to the comptroller for deposit to the credit of the game, fish, and water safety account in the general revenue fund.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter B. Permits for Floating Cabins › Section 32.056. Location of Permit; Inspection Allowed

Sec. 32.056.  LOCATION OF PERMIT;  INSPECTION ALLOWED.  A permit holder shall keep a copy of the permit in the floating cabin and available for inspection by the department on request.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter B. Permits for Floating Cabins › Section 32.057. Transfer of Permit

Sec. 32.057.  TRANSFER OF PERMIT.  (a)  A permit holder may in writing transfer the permit to a new owner of the floating cabin.
(b)  Not later than the 60th day after the date of transfer, the new permit holder shall provide to the department:
(1)  the name, mailing address, and telephone number of the new permit holder;
(2)  any other information the department reasonably requires;  and
(3)  a $300 transfer fee.
(c)  In the event that the permit holder consists of more than one person, the withdrawal of persons from ownership shall not, on renewal, be considered a transfer to the remaining owner or owners for purpose of payment of the transfer fee.
(d)  The new permit holder must sign the information provided to the department under Subsection (b) under penalty of perjury.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter B. Permits for Floating Cabins › Section 32.058. Purchase Program; Permit Expires

Sec. 32.058.  PURCHASE PROGRAM;  PERMIT EXPIRES.  (a)  The commission by rule may establish a program to purchase a floating cabin for which a permit has been issued.
(b)  On transfer of ownership under this section, the permit issued for the floating cabin expires.
(c)  The owner of a floating cabin is not required to sell the cabin to the department under this section.
(d)  The floating cabin purchase account is created as a separate account in the general revenue fund.  The account consists of money deposited to the account under this section, including interest on that money.  The department may accept grants and gifts of money or materials from private or public sources to be applied to the floating cabin purchase account.  Money in the floating cabin purchase account may be used only for the purposes of this section.  Section 403.095, Government Code, does not apply to the account.
(e)  Money from the game, fish, and water safety account may not be used to purchase a floating cabin under this section.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter C. Requirements and Prohibited Conduct › Section 32.101. Identification of Floating Cabin

Sec. 32.101.  IDENTIFICATION OF FLOATING CABIN.  (a)  A floating cabin must be marked and identified by numbers, reflective tape, paint, or other means as the commission may by rule require.
(b)  From sunset to sunrise, a floating cabin shall exhibit at least one white light that is visible from a 360-degree angle.
(c)  This section applies to each owner of a floating cabin.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter C. Requirements and Prohibited Conduct › Section 32.102. Relocation of Floating Cabin

Sec. 32.102.  RELOCATION OF FLOATING CABIN.  A permit holder may relocate the floating cabin, subject to department approval, and the commission shall by rule specify criteria for allowing relocation.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter C. Requirements and Prohibited Conduct › Section 32.103. Replacement of Floating Cabin

Sec. 32.103.  REPLACEMENT OF FLOATING CABIN.  The permit holder may replace the floating cabin if:
(1)  the replacement cabin does not exceed the height, length, or width of the original cabin;  and
(2)  the department approves the replacement.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter C. Requirements and Prohibited Conduct › Section 32.104. Increase in Size of Cabin Prohibited

Sec. 32.104.  INCREASE IN SIZE OF CABIN PROHIBITED.  A person may not increase the height, length, or width of a floating cabin.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter C. Requirements and Prohibited Conduct › Section 32.105. Sanitation Device

Sec. 32.105.  SANITATION DEVICE.  (a)  A floating cabin shall be equipped with a portable marine sanitation device capable of holding and retaining human body waste.
(b)  Each owner of a floating cabin is liable for a violation of this section.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter C. Requirements and Prohibited Conduct › Section 32.106. Sewage Discharge Prohibited

Sec. 32.106.  SEWAGE DISCHARGE PROHIBITED.  A person may not discharge human body waste, treated or untreated, from a floating cabin into or adjacent to coastal water or state land.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter C. Requirements and Prohibited Conduct › Section 32.107. Location of Floating Cabin in Certain Sites Prohibited

Sec. 32.107.  LOCATION OF FLOATING CABIN IN CERTAIN SITES PROHIBITED.  (a)  A floating cabin may not be located in a state park, state wildlife refuge, state wildlife sanctuary, or state coastal preserve.
(b)  Each owner of a floating cabin is liable for a violation of this section.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter C. Requirements and Prohibited Conduct › Section 32.108. Other Prohibited Conduct

Sec. 32.108.  OTHER PROHIBITED CONDUCT.  An owner of a floating cabin may not allow the cabin to:
(1)  obstruct navigation;
(2)  damage an oyster reef, serpulid reef, or seagrass bed;  or
(3)  rest on a bottom or shoreline at high tide.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter D. Enforcement and Penalties › Section 32.151. Disciplinary Action

Sec. 32.151.  DISCIPLINARY ACTION.  The department may suspend or revoke a person's floating cabin permit or place the permit holder on probation for a violation of this chapter.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter D. Enforcement and Penalties › Section 32.152. Civil Actions Allowed; Civil Penalty

Sec. 32.152.  CIVIL ACTIONS ALLOWED;  CIVIL PENALTY.  (a)  The department may bring an action for damages, injunctive relief, and any other appropriate civil relief for a violation of this chapter, except for Section 32.106.
(b)  A court shall award the department attorney's fees if the department prevails in a suit filed under this section.
(c)  Each owner of the floating cabin is jointly and severally liable for a violation under this section.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter D. Enforcement and Penalties › Section 32.153. Criminal Penalties

Sec. 32.153.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person violates:
(1)  Section 32.051;
(2)  Section 32.053(b);
(3)  Section 32.056;
(4)  Section 32.057(d);
(5)  Section 32.101;
(6)  Section 32.104;
(7)  Section 32.105;
(8)  Section 32.106;
(9)  Section 32.107;  or
(10)  Section 32.108.
(b)  Except as provided by Subsection (c), an offense under Subsection (a) is a Class C Parks and Wildlife Code misdemeanor.
(c)  Except for a violation of Section 32.101(b), if it is shown on the trial of an offense under this section that the defendant was previously convicted two or more times under this section, the offense is a Class B Parks and Wildlife Code misdemeanor, except that the offense is not punishable by confinement in jail.
(d)  Each day of a violation under this section is a separate offense.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter D. Enforcement and Penalties › Section 32.154. Removal of Floating Cabin; Criminal Penalty; Civil Penalty; Hearing

Sec. 32.154.  REMOVAL OF FLOATING CABIN;  CRIMINAL PENALTY;  CIVIL PENALTY;  HEARING.  (a)  If a person owns a floating cabin that does not meet the criteria for issuance of an original permit under this chapter or if an owner violates a provision of Section 32.104, 32.107, or 32.108, the department may by written notice require the removal of the floating cabin from the coastal water not later than the 90th day after the date of notice.  The owner may, not later than 30 days after receipt of notice of removal, object to the revocation and show good cause why the permit should not be revoked.  Good cause includes:
(1)  force majeure, including a hurricane or tropical storm;
(2)  circumstances resulting in a change of criteria for reasons not attributable to the actions of the owner;  or
(3)  any other reasons that the department adopts by rule.
(b)  A person commits an offense if the person does not remove the floating cabin during the period provided by Subsection (a) or such extended period as may be prescribed by department rule.  An offense under this subsection is a Class B Parks and Wildlife Code misdemeanor, except that the offense is not punishable by confinement in jail.
(c)  The department may assess a civil penalty for a violation of Subsection (a) of not more than $1,000 for each day after the notice period that the owner fails to remove the floating cabin.  Each owner is jointly and severally liable for the civil penalty and the reasonable costs of removal and cleanup of the floating cabin and related materials at that location.
(d)  If a person does not remove the floating cabin during the period provided by Subsection (a), the department or a person or entity authorized by the department may remove and dispose of the floating cabin and any associated personal property in any manner without further notice.
(e)  Notice under this section is valid if:
(1)  a person who owns a floating cabin has held a permit issued under this chapter and the notice is sent by certified letter from the department to the owner at the last address supplied to the department under this chapter;  or
(2)  as to a floating cabin that has not been identified and for which the owner has not been issued a permit, the notice is affixed to the floating cabin.
(f)  The department is not liable to a person for the value of a floating cabin, or any personal property associated with the cabin, removed under this section.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 4 - Water Safety › Chapter 32 - Floating Cabins › Subchapter D. Enforcement and Penalties › Section 32.155. Venue

Sec. 32.155.  VENUE.  The department may file any suit under this chapter in Travis County or the county in which the floating cabin that is the subject of the suit is located.
Added by Acts 2001, 77th Leg., ch. 1273, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 41 - Reciprocal Hunting and Fishing Privileges › Section 41.003. Reciprocal License Agreements: Border States

Sec. 41.003.  RECIPROCAL LICENSE AGREEMENTS:  BORDER STATES.  (a)  The director shall negotiate for the commission with the proper representatives of each state having a common border with Texas to allow reciprocal fishing and migratory waterfowl hunting on rivers and lakes on the common boundary between Texas and the border state.
(b)  An agreement must provide that a resident of the border state who has a sport fishing license or a hunting license issued by the border state may fish or hunt migratory waterfowl on rivers and lakes of the common border, and a Texas resident holding a Texas license is extended equal privileges.  A person who holds a nonresident sport fishing license or a nonresident hunting license issued by this state or a border state may be extended the same privileges as those extended a resident license holder under this subsection.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 25, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 41 - Reciprocal Hunting and Fishing Privileges › Section 41.004. Reciprocal Agreements Proclaimed

Sec. 41.004.  RECIPROCAL AGREEMENTS PROCLAIMED.  An agreement under Section 41.003 is not effective until the commission by proclamation has approved it.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 26, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 41 - Reciprocal Hunting and Fishing Privileges › Section 41.005. Termination of Reciprocal License Agreement

Sec. 41.005.  TERMINATION OF RECIPROCAL LICENSE AGREEMENT.  An agreement under Section 41.003 of this code may be terminated by the commission at any time after 90 days from the day notice of the termination is given to each border state that is a party to the agreement.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 41 - Reciprocal Hunting and Fishing Privileges › Section 41.006. Regulations for Reciprocal License Agreements

Sec. 41.006.  REGULATIONS FOR RECIPROCAL LICENSE AGREEMENTS.  (a)  The commission may make regulations conforming to an agreement under Section 41.003 of this code for the conservation of fish and wildlife.
(b)  A regulation may be adopted only at a meeting of the commission in Austin, and any interested person is entitled to be heard at the meeting.
(c)  Regulations adopted by the commission or issued by the director, when authorized by the commission to issue regulations, take effect 20 days after their adoption or issuance or as otherwise specified in the regulations.
(d)  After adoption of a regulation, a copy shall be numbered and filed in the office of the commission.  Other copies shall be filed with the secretary of state, sent to the county clerk and county attorney in each county affected by the regulation, sent to the appropriate agency in the border state to which the agreement applies, and sent to each employee of the department who performs duties in a county affected by the regulation.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 27, eff. Sept. 1, 1997.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 41 - Reciprocal Hunting and Fishing Privileges › Section 41.008. Reciprocal License Agreements: Any Other State

Sec. 41.008.  RECIPROCAL LICENSE AGREEMENTS:  ANY OTHER STATE.  The department may agree with any other state to license sport hunting and fishing by residents of the other state at the same fee as Texas residents are licensed if the other state licenses Texas residents at the same fee as residents of the other state are licensed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.001. Definitions

Sec. 42.001.  DEFINITIONS.  In this chapter:
(1)  "Resident" means:
(A)  an individual who has resided continuously in this state for more than six months immediately before applying for a hunting license;
(B)  a member of the United States armed forces on active duty;
(C)  a dependent of a member of the United States armed forces on active duty;
(D)  if approved by the director, a terminally ill individual who is participating in an event sponsored by a charitable nonprofit organization;
(E)  a member of the Kickapoo Traditional Tribe of Texas who possesses documentation of membership sanctioned by the Bureau of Indian Affairs; or
(F)  a member of any other category of individuals that the commission by regulation designates as residents.
(2)  "Nonresident" means an individual who is not a resident.
(3)  "Carcass" means the body of a dead deer or antelope, as listed in Section 63.001(a), that has not been processed more than by quartering.
(4)  "Final destination," for a carcass or wild turkey or any part of a carcass or wild turkey, means:
(A)  the permanent residence of the hunter;
(B)  the permanent residence of any other person receiving the carcass or wild turkey or the part of a carcass or wild turkey;  or
(C)  a cold storage or processing facility.
(5)  "Final processing," for a carcass or wild turkey, means the cleaning of the dead animal for cooking or storage purposes.  For a carcass, the term also includes the processing of the animal more than by quartering.
(6)  "Cold storage or processing facility" means a stationary facility designed and constructed to store or process game animals and game birds.
(7)  "Wildlife resource document" means a document prescribed by the department, other than a tag or permit, that allows a person to give, leave, receive, or possess any species of legally taken game bird or game animal, or part of a legally taken game bird or game animal, if the game bird or game animal is otherwise required to have a tag or permit attached or is protected by a bag or possession limit.
(8)  "Quartering" means the processing of an animal into not more than two hindquarters each having the leg bone (femur) attached down to the knee and two front shoulders each having the leg bones (scapula and humerus) attached down to the elbow.  The term also includes removal of two back straps.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 612, ch. 223, Sec. 1, eff. Sept. 1, 1977;  Acts 1991, 72nd Leg., ch. 301, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 838, Sec. 1, eff. July 15, 1993;  Acts 1997, 75th Leg., ch. 1256, Sec. 28, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 218 (S.B. 1122), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 317 (H.B. 1718), Sec. 1, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 830 (H.B. 1891), Sec. 1, eff. June 15, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.002. Resident License Required; Exemptions

Sec. 42.002.  RESIDENT LICENSE REQUIRED; EXEMPTIONS.  (a)  Except as provided by Subsections (b), (c), and (d), no resident may hunt any bird or animal in this state without having acquired a hunting license.
(b)  A resident possessing a valid resident trapper's license or fur-bearing animal propagation permit is not required to have a license issued under this section to take or possess the species covered by the license or permit.
(c)  A resident landowner or any person, with the consent of the landowner, may take feral hogs on the resident landowner's land without having acquired a hunting license.
(d)  A person who is a resident and who is a veteran of the United States armed forces is not required to have a license issued under this section if the person is acting under Section 11.208 and complying with rules adopted under that section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 7, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 931, Sec. 4, eff. June 16, 1995;  Acts 2003, 78th Leg., ch. 809, Sec. 1, 2, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 6, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 329 (S.B. 317), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 260 (H.B. 1728), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 260 (H.B. 1728), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.0021. Lifetime Resident Hunting License

Sec. 42.0021.  LIFETIME RESIDENT HUNTING LICENSE.  The department may issue to residents of this state a lifetime resident hunting license.
Added by Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 8, eff. Sept. 1, 1986.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.005. Nonresident License Required

Sec. 42.005.  NONRESIDENT LICENSE REQUIRED.  (a)  No nonresident in this state may hunt a mule deer, white-tailed deer, turkey, pronghorn antelope, or desert bighorn sheep in this state without first having acquired a general nonresident hunting license.
(b)  Except as provided by Subsection (f), no nonresident may hunt any bird or animal in this state without first having acquired a general nonresident hunting license, a nonresident special hunting license, or a nonresident five-day special hunting license.
(c)  A nonresident possessing a valid nonresident trapper's license is not required to have a license issued under this section to take or possess the species governed by the license.
(d)  No nonresident may hunt a turkey during the spring turkey hunting season without first having acquired a license as required by Subsection (b) of this section or a nonresident spring turkey hunting license.
(e)  A nonresident may not acquire or possess during a license year:
(1)  more than one nonresident spring turkey hunting license;  or
(2)  a general nonresident hunting license and a nonresident spring turkey hunting license.
(f)  A nonresident landowner or any person, with the consent of the landowner, may take feral hogs on the nonresident landowner's land without having acquired a hunting license required by this chapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 317, ch. 150, Sec. 1, eff. Aug. 29, 1977;  Acts 1981, 67th Leg., p. 1859, ch. 439, Sec. 1, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 9, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 609, Sec. 1, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 95, Sec. 1, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 863, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 809, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 992 (H.B. 2026), Sec. 7, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 329 (S.B. 317), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.006. Possession of License; Rules

Sec. 42.006.  POSSESSION OF LICENSE; RULES. (a) The commission by rule may prescribe requirements relating to possessing a license issued under this chapter.
(b)  Rules adopted under Subsection (a) must allow for a person to present for the purpose of verification of possession a hunting license as an image displayed on a wireless communication device. The image displayed may be either an image of information from the Internet website of the department or a photograph of a hunting license.
(c)  The display of an image that includes hunting license information on a wireless communication device under this section does not constitute effective consent for a law enforcement officer, or any other person, to access the contents of the wireless communication device except to view the hunting license information.
(d)  The authorization of the use of a wireless communication device to display hunting license information under Subsection (b) does not prevent a court of competent jurisdiction from requiring a person to provide a paper copy of the person's hunting license in a hearing or trial or in connection with discovery proceedings.
(e)  A telecommunications provider, as defined by Section 51.002, Utilities Code, may not be held liable to the holder of a hunting license for the failure of a wireless communication device to display hunting license information under Subsection (b).
Added by Acts 1995, 74th Leg., ch. 931, Sec. 5, eff. June 16, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 41 (H.B. 547), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.010. Issuance and Form of Licenses and Tags

Sec. 42.010.  ISSUANCE AND FORM OF LICENSES AND TAGS.  (a)  The department shall prescribe the form of and issue the licenses and tags authorized by this chapter.
(b)  The department may issue tags for animals or birds allowed by law to be killed during each year or season to holders of licenses authorizing the killing of animals or birds.  The commission may establish fees for the tags.
(c)  A person commits an offense if the person does not enter the required information on a license or tag before hunting or if the person possesses a tag without a name entered on the tag.
(d)  No person may issue or receive a license or tag authorized by this chapter except on the form provided by the department.
(e)  The commission by regulation shall determine the number of tags that may be issued to an individual for taking animals or birds.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1977, 65th Leg., p. 612, ch. 223, Sec. 2, eff. Sept. 1, 1977;  Acts 1985, 69th Leg., ch. 267, art. 2, Sec. 10, eff. Sept. 1, 1986;  Acts 1991, 72nd Leg., ch. 911, Sec. 1, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 931, Sec. 6, eff. June 16, 1995.
2023 Texas Statutes › Parks and Wildlife Code › Title 5 - Wildlife and Plant Conservation › Subtitle A - Hunting and Fishing Licenses › Chapter 42 - General Hunting License › Section 42.0101. Digital Tags; Rules

Sec. 42.0101.  DIGITAL TAGS; RULES.  (a)  The commission by rule may develop and implement a program for the issuance of digital tags for animals, including birds, to holders of hunting licenses authorizing the taking of those animals.
(b)  A program developed under this section may include:
(1)  providing for the issuance of digital tags to the holder of a hunting license;
(2)  allowing a person using a digital tag to create a digital record at the time of the taking of an animal that includes information required by the department;
(3)  requiring a person using a digital tag to create the digital record described by Subdivision (2) as soon as possible after the taking of the animal; and
(4)  requiring a person using a digital tag to retain in the person's possession documentation of the digital record described by Subdivision (2) at all times before the carcass is finally processed.
(c)  Unless the context requires otherwise, a reference under this code to a tag includes a digital tag issued under a program developed under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 485 (H.B. 3081), Sec. 1, eff. June 14, 2021.