reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.360 - Prohibited Acts

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in this subchapter, it is an offense
					 for a person holding a permit issued under this chapter to:
(1) possess a commercial oyster dredge or
				  oyster tongs within a permitted area or aboard a vessel transporting oysters
				  under the provisions of this subchapter;
(2) commingle or allow the commingling of
				  wild-caught oysters with oysters possessed under the provisions of Parks and
				  Wildlife Code, Chapter 75, and this subchapter;
(3) fail to notify the department within 24
				  hours upon the discovery of a disease condition within a permitted facility
				  that is required to be reported under the provisions of this subchapter;
(4) fail to notify the department
				  within 24 hours upon discovery of any condition that could result in the
				  unintentional release of shellstock or larvae;
(5) fail to maintain all corner markers of
				  the permitted area of a facility within public water;
(6) fail to remove all enclosures and
				  infrastructure from public waters within 60 calendar days of permit expiration
				  or revocation;
(7) operate a COMP
				  or nursery facility except as specified by this subchapter and the provisions
				  of a permit; or
(8) operate a COMP
				  or nursery facility without all authorizations and permits required by any
				  federal, state, or local governmental authority.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 58 - OYSTERS, SHRIMP, AND FINFISH › Subchapter E - CULTIVATED OYSTER MARICULTURE › Section 58.361 - Violations and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  who violates a provision of this subchapter or a provision of a permit issued
				  under this subchapter commits an offense punishable by the penalty prescribed
				  by Parks and Wildlife Code, §
										75.0107.
(b) A permit issued under this
				  section is not a defense to prosecution for any conduct not specifically
				  authorized by the permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter A - PARK ENTRANCE AND PARK USER FEES › Section 59.1 - Establishment of Fees

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of this subchapter, "state park" or "park"
					 means a state park, state natural area, state historic site, or state park and
					 historic site under the department's jurisdiction.
(1) The Executive Director (executive
				  director) of the Texas Parks and Wildlife Department (department) shall
				  interpret and implement this subchapter to obtain maximum benefits for the
				  people of Texas in their enjoyment of the state park system and in the
				  expansion, improvement, and perpetuation of the system for the use and
				  enjoyment of present and future generations.
(2) The executive director by executive order
				  shall:
(A) designate state park entrance,
				  activity, facility, and use fee amounts within the fee ranges established by
				  the commission in this subchapter and may establish any such fees to apply on a
				  yearly, seasonal, monthly, weekly, or daily basis;
(B) provide for any waiver or discounting of
				  entrance, activity, facility, or use fees:
(i) when circumstances adversely affect
				  public enjoyment of the recreational opportunities normally available:
				  or
(ii) to enhance utilization or
				  to promote the future use of existing facilities or activities; and
(C) establish a fee schedule for
				  replacing or duplicating evidence of fee payment (receipt/window sticker
				  etc.).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter A - PARK ENTRANCE AND PARK USER FEES › Section 59.2 - Park Entrance Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) An entrance/day
				  use fee may be levied at a state park as provided in this section.
(1) Payment of an entrance/day use fee allows
				  unlimited entry privileges to a person for the period of time specified by the
				  park.
(2) Entry privileges cease at
				  the posted closing time unless an overnight facility use fee has also been
				  paid.
(3) Entry privileges cease at
				  closing time on the day of checkout, unless the executive director has approved
				  an alternative timeframe, which shall be clearly posted at the park.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter A - PARK ENTRANCE AND PARK USER FEES › Section 59.3 - Park Entry Passes

Current through Reg. 49, No. 28; July 12, 2024
Parks entry passes authorize entry privileges to parks
					 where entry fees apply but are not valid for activity or other applicable
					 fees.
(1) Annual Park Entrance Passes.
(A) A valid annual park entrance pass
				  authorizes park entry without payment of an individual entrance fee for the
				  holder of the annual pass, and:
(i) all
				  occupants in the same vehicle with the holder of the annual park entrance pass
				  if the holder of the annual park entrance pass is entering by noncommercial
				  motor vehicle;
(ii) up to 14
				  persons accompanying the pass holder in the same boat if the holder of the
				  annual park entrance pass is entering by boat; or
(iii) up to 14 persons accompanying the pass
				  holder if the holder of the annual park entrance pass is entering by
				  motorcycle, bicycle or on foot.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter A - PARK ENTRANCE AND PARK USER FEES › Section 59.4 - Activity and Facility Use Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  person authorized to use a facility overnight may remain in the facility from
				  the time of admission until 2 p.m. on the day of checkout and may remain in the
				  park until the posted closing time, unless otherwise clearly and prominently
				  posted at the park.
(b) Fee ranges
				  - facility use:
(1) campsites -
				  $4.00-$36;
(2) cabins and shelters
				  - $15-$200;
(3) group day use
				  facility or area - $15 - $1,000;
(4) group overnight use facility(bunkhouses,
				  barracks, campsites, shelters), variable by facility type or number of
				  occupants - $100 - $1,500;
(5)
				  bunkhouse/hotel/motel room - $35-225;
(6) excess vehicle parking(per vehicle) -
				  $1.00-$6.00(parking areas designated by park superintendent);
(7) (excess occupancy fee in addition to
				  facility use fee), per person - $1.00-$25;
(8) swimming pool facility $35 -
				  $750.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter A - PARK ENTRANCE AND PARK USER FEES › Section 59.5 - Reservation of State Park Facilities

Current through Reg. 49, No. 28; July 12, 2024
Reservations for park facilities may be accepted for park
					 units designated by the executive director. The executive director is
					 authorized to prescribe such procedures and conditions for reservations,
					 consistent with applicable law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter B - LOCAL PARK PLANNING ASSISTANCE › Section 59.10 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
Cities and counties in Texas are eligible for park planning
					 assistance. Within this limitation, the following restrictions apply, based on
					 the latest federal census or state population estimate at the time the request
					 is submitted:
(1) Incorporated local
				  governments of a population of 20,000 or less.
(2) Counties of a population of 20,000 or
				  less.
(3) Any county may request
				  assistance for an unincorporated community with a population of 20,000 or less
				  that is within that county's jurisdiction, regardless of the county
				  population.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter B - LOCAL PARK PLANNING ASSISTANCE › Section 59.11 - Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) The park planning assistance service is
				  limited to supplying basic site planning information to approved applicants for
				  their use in implementing local park and recreation acquisition or development
				  projects.
(b) Basic site planning
				  information is defined as the dissemination of minimal oral, written or graphic
				  data needed by an applicant to reasonably define the scope of recreational
				  activities desired or needed for a particular site and the basic kinds and
				  quantities of facilities needed to provide such recreational
				  activities.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter B - LOCAL PARK PLANNING ASSISTANCE › Section 59.12 - Application for Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) The governing
				  body of the city or county must adopt a resolution directing the highest
				  administrative official to request park planning assistance. This resolution
				  vests that official with full authority to act for purposes of the request, if
				  approved.
(b) A letter from the
				  authorized administrative official to the executive director, accompanied by a
				  copy of the resolution authorizing the request, constitutes the method of
				  applying for park planning assistance.
(c) Within 30 days of receipt, the executive
				  director or his designee shall notify the applicant of the status of the
				  request.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter C - ACQUISITION AND DEVELOPMENT OF HISTORIC SITES, BUILDINGS AND STRUCTURES › Section 59.44 - Development Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) Development of
				  facilities within state park system units will be limited to structures and
				  associated infrastructure that advance department purposes or serve visitor
				  needs.
(b) Facility development
				  shall be consistent with applicable Master Plans, Preservation Plans and other
				  guidance documents relating to the property.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter D - ADMINISTRATION OF THE STATE PARK SYSTEM › Section 59.61 - General Objectives

Current through Reg. 49, No. 28; July 12, 2024
In guiding the mission of the Texas Parks and Wildlife
					 Department State Park System, the objectives of the Texas Parks and Wildlife
					 Commission are:
(1) to seek out and
				  protect high quality examples of the state's natural and cultural heritage, and
				  sensitive habitats or resources;
(2) to provide opportunities for sustainable,
				  resource-based outdoor recreation;
(3) to encourage an understanding and
				  appreciation of the state's cultural, historical and natural
				  heritage;
(4) to promote
				  environmental education, research, and demonstration of the best management
				  practices in the stewardship of the state's diverse natural and cultural
				  resources; and
(5) to join with all
				  the citizenry of this and other states and nations in promoting the
				  conservation of natural, historical and recreational resources.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter D - ADMINISTRATION OF THE STATE PARK SYSTEM › Section 59.62 - Parks and Wildlife Land Classification - Policy

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the Parks and Wildlife Commission
					 that:
(1) The executive director is
				  authorized to implement the following classification and guidelines for
				  existing and future lands managed or operated by the department. The Texas
				  Parks and Wildlife Commission shall determine the appropriate
				  classification.
(2) Classification
				  of departmental lands under this system will not affect existing site names,
				  naming policy, on-site signage or literature unless a new category so changes
				  uses that it is misleading. Multiple classifications may occur within
				  individual sites and the use of a specific name may be for convenience or to
				  indicate a primary classification without precluding uses set forth under other
				  classification categories.
(3) The
				  use and management of individual units of the state park system will be
				  addressed on a site-specific basis, in accordance with the classification
				  system and appropriate management plans.
(4) Prior to classification or formal
				  approval of individual site management plans for specific units of the state
				  park system, provision for public use shall be made in accordance with sound
				  biological management and cultural resource preservation, taking into
				  consideration past patterns of use, and existing rules and
				  regulations.
(5) Units of the state
				  parks system will be classified as a State Park, a State Natural Area, a State
				  Historic Site, or a State Park and Historic Site.
(6) Properties operated and managed by the
				  department as defined and described in Parks and Wildlife Code, §
										81.401
				  and § 65.191 of this title (relating to Definitions) shall be classified
				  as Wildlife Management Areas.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter D - ADMINISTRATION OF THE STATE PARK SYSTEM › Section 59.63 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Low Impact Public
				  Use--Development or use of a site which results in minimal long-term
				  irreversible adverse impact, or is within acceptable limits of
				  change.
(2) Management plan--A
				  document that sets forth the framework for resource stewardship, conservation,
				  public use, facility maintenance, operations and public safety for a specific
				  unit (or subunit) of lands within the state park system.
(3) Natural biodiversity--The complement of
				  indigenous plants and animals that is expected to occur on an ecological site
				  type, in natural communities or over a landscape.
(4) Natural communities--An assemblage of
				  organisms indigenous to an area that is characterized by a distinct combination
				  of species occupying habitats or ecological zones and interacting with one
				  another, their environment, and natural processes. An array of plants and
				  animals expected for any given ecological site type.
(5) Public Hunting--Hunting by the public of
				  wildlife, including feral and exotic species on departmental controlled lands
				  as authorized by the Commission under the Public Lands Proclamation.
(6) Public Use--Resource-oriented recreation
				  or other site-appropriate uses permitted under Subchapter F of this chapter
				  (relating to State Park Operational Rules.
(7) Resource Oriented
				  Recreation--Recreational activities the enjoyment of which is dependent upon or
				  enhanced by a natural resource, consistent with applicable rules and policies
				  of the department.
(8) Sound
				  Biological Management--The use of the best science-based information available
				  to the department in setting living resources management goals and objectives
				  and in determining the techniques to be used in achieving those goals,
				  including best management practices determined by the Parks and Wildlife
				  Commission.
(9) Sustainability--The
				  capability of natural systems to maintain themselves over time as defined by
				  site-specific, measurable management goals and objectives.
(10) Wilderness-type Experience--Recreational
				  activities, in a natural setting, intended to provide the user with an
				  unimpaired experience of open space, solitude, and few man-made
				  intrusions.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter D - ADMINISTRATION OF THE STATE PARK SYSTEM › Section 59.64 - Classification and Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) State
				  Parks. State Parks are areas of natural or scenic character, often containing
				  historical, archeological, ecological, or geological values selectively
				  developed to provide resource-oriented recreational opportunities.
(1) Selection.
(A) State Parks should be areas possessing
				  natural or scenic values, that are adaptable to both active and passive
				  recreational development and use;
(B) State Parks should be located to help
				  meet the priority recreational needs of Texans, or where outstanding natural
				  values of statewide significance create a substantial recreation demand;
				  and
(C) State Parks should provide
				  recreational opportunities capable of attracting significant visitation on a
				  regional or statewide basis.
(D)
				  New acquisitions should normally include a minimum of 500 acres of land, but
				  may include less in the case of an extraordinary recreational resource of
				  statewide significance.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter E - OPERATION AND LEASING OF PARK CONCESSIONS › Section 59.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Concessioner--Any
				  person, partnership, or corporation granted leased concession rights or
				  privileges.
(2) Concessions--Those
				  services and accommodations offered to the public in state parks for which
				  charges, fees, admissions, or similar assessments are collected, excluding park
				  entrance and facility use fees.
(3)
				  Franchise fee--The annual fee or percentage of gross receipts a concessioner
				  pays to the department for park concession rights or privileges.
(4) Leased concessions--Rights or privileges
				  granted by the department to any individual, partnership, or corporation to
				  provide visitor services and accommodations for profit within the boundaries of
				  a state park.
(5) State park or
				  park--A state park, state natural area, state historic site, or state park and
				  historic site under the department's jurisdiction.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter E - OPERATION AND LEASING OF PARK CONCESSIONS › Section 59.102 - General Requirements for Leased Park Concessions

Current through Reg. 49, No. 28; July 12, 2024
(a) Park visitor services and accommodations
				  may be operated by a concessioner under contractual arrangements with the
				  department. Park concessions shall be limited to visitor services and
				  accommodations that are necessary and appropriate for public use and enjoyment
				  of the state park area in which they are to be located, and that are consistent
				  to the highest practical degree with the preservation and conservation of the
				  area.
(b) Except as noted in this
				  paragraph, all building and land improvements for overnight or day-use
				  accommodations in state parks for which user fees are charged shall be
				  developed at state expense. The department shall be responsible for the
				  operation and maintenance of overnight and day-use facilities developed with
				  state funds and shall also be responsible for the collection of user fees
				  unless this responsibility has been specifically delegated to a concessioner.
				  In the event cabins, lodges, or other buildings and structures are deemed
				  essential for the public's full enjoyment of an area, and state funds are not
				  available in priority for their development, the commission may authorize
				  facilities to be constructed, operated, and maintained with private
				  capital.
(c) In parks where certain
				  facilities for visitor services and accommodations have been provided at state
				  expense, a concessioner may be permitted to use said buildings, structures, and
				  installations provided he assumes full responsibility for their maintenance and
				  repair due to normal wear and tear.
(d) The executive director, subject to the
				  provisions of commission policy, shall take such action as may be appropriate
				  to encourage or enable the use of private capital to provide visitor services
				  and accommodations necessary for the full enjoyment of park areas administered
				  by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter E - OPERATION AND LEASING OF PARK CONCESSIONS › Section 59.103 - Selection of a Concessioner

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  granting, termination, amendment, transfer, assignment, and enforcement of all
				  leased concession contract requirements and provisions of such contracts is
				  delegated to the executive director.
(b) Recruitment and selection of
				  concessioners for a leased concession within a state park shall be accomplished
				  in a manner appropriate for the scale of the investment and term of the
				  business opportunity, ensuring that the selection process is fair and
				  equitable, and in compliance with applicable contracting laws.
(c) A concessioner will be selected with
				  great care to ensure that the concessioner has the ability to successfully
				  operate the concession in compliance with the contract between the concessioner
				  and the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter E - OPERATION AND LEASING OF PARK CONCESSIONS › Section 59.104 - Types of Concession Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  standard form long-term contract shall be used to grant major concession rights
				  and privileges when the concessioner is required to make sizable investments in
				  merchandise inventories, furnishings or equipment, and maintenance or repair of
				  state-owned buildings and structures.
(b) A revocable short-term contract shall be
				  used to grant minor concession privileges when the scope and size of the
				  concession warrants it. Examples include merchandise vending machines,
				  miscellaneous coin-operated machines, recreational rental equipment, and other
				  miscellaneous services or accommodations the public has a right to expect and
				  the executive director deems appropriate. A prospectus announcing the
				  availability of this type of concession may not be issued.
(c) A revocable temporary contract may be
				  used when it is deemed necessary that immediate action be taken to continue
				  services, provide interim services, or under circumstances when a test period
				  is required to determine the feasibility for adding a new concessioner provided
				  service in a park.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter E - OPERATION AND LEASING OF PARK CONCESSIONS › Section 59.105 - Leased Concession Contract Terms

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All contracts shall be executed for a term commensurate with the size of the
				  total investment required of the concessioner. The duration of a contract shall
				  be set for a period of time to allow for a reasonable opportunity for return on
				  investment.
(b) Franchise fee rates
				  shall be determined by the executive director or his designee in an equitable
				  and fair manner, giving consideration to the various types of operations, gross
				  receipts, net profit, and capital invested. Single or multiple percentages
				  applied to all or various kinds of gross receipts may be considered in new or
				  amended contracts.
(c) The
				  penalties and interest assessed for delinquent franchise fees shall be stated
				  in the contract, but may not exceed the penalties and interest rate established
				  in the Texas Tax Code §
										111.060
				  and §
										111.061.
(d) Penalties and/or interest under this
				  section may be waived by the executive director or designee for good
				  cause.
(e) The rates and charges
				  prescribed by the concessioner shall be subject to the approval of the
				  executive director or designee. The reasonableness of the concessioner's rates
				  and charges to the public shall be judged primarily by comparing with current
				  charges for facilities and services of comparable character under similar
				  conditions. Consideration shall be given to factors deemed relevant to the type
				  of concession, location, and business conditions.
(f) No renewal rights shall be made a part of
				  any concession contract.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter E - OPERATION AND LEASING OF PARK CONCESSIONS › Section 59.106 - Franchise Fee Rates and Charges

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Franchise fee rates shall be determined by the executive director or his
				  designee in an equitable and fair manner, giving consideration to the various
				  types of operations, gross receipts, net profit, and capital invested. Single
				  or multiple percentages applied to all or various kinds of gross receipts will
				  be considered in new or amended contracts.
(b) A penalty of 5.0% of the franchise fee
				  due shall be imposed on a leased concessionaire who fails to pay the fee as
				  required under the signed contractual agreement, and if that person fails to
				  pay the fee within 30 days after the day when the fee is sue, an additional
				  5.0% penalty shall be imposed.
(c)
				  Delinquent fees accrue interest beginning on the 61st day after their due
				  date.
(d) The yearly interest on
				  all delinquent franchise fees is the prime rate plus one per cent, as published
				  in the Wall Street Journal on the first day of the calendar year that is not a
				  Saturday, Sunday or a legal holiday.
(e) The penalties and interest assessed for
				  delinquent franchise fees may not exceed the penalties and interest rate
				  established in the Texas Tax Code §
										111.060
				  and §
										111.061.
(f) Penalties and/or interest under this
				  section may be waived by the executive director for a good cause.
(g) The right to reconsider and renegotiate
				  franchise fees of concession contracts on an annual basis shall be considered
				  standard practice when conditions warrant an adjustment.
(h) The rates and charges prescribed by the
				  concessioner shall be subject to the approval of the executive director or his
				  designee. The reasonableness of the concessioner's rates and charges to the
				  public shall be judged primarily by comparing with current charges for
				  facilities and services of comparable character under similar conditions.
				  Consideration shall be given to:
(1) length of
				  season;
(2) provisions for
				  peakloads;
(3) average percentage
				  of occupancy;
(4)
				  accessibility;
(5) availability and
				  costs of labor and materials;
(6)
				  type of patronage; and
(7) other
				  factors deemed significant as related to the type of concession.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter E - OPERATION AND LEASING OF PARK CONCESSIONS › Section 59.107 - Accounting

Current through Reg. 49, No. 28; July 12, 2024
(a) Concessioners shall submit reports and
				  keep such records in such a manner as the executive director may prescribe to
				  enable the department to determine that all terms and conditions of the
				  concession contract have been and are being faithfully performed.
(b) The state auditor, or duly authorized
				  representative of the department, shall, for the purpose of audit and
				  examination, have access to records and other books, documents, and papers of
				  the concessioner pertinent to the contract.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter E - OPERATION AND LEASING OF PARK CONCESSIONS › Section 59.108 - Bond and Insurance

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director may require the concessioner to furnish a bond conditioned upon the
				  faithful performance of a contract. When the contract award involves
				  construction or other impacts to the park , the concessioner will be required
				  to obtain a payment bond, in addition to other statutory bonding requirements,
				  and may be required to take other actions to ensure the protection of the
				  interests of the department and the public.
(b) The concessioner shall carry such
				  liability insurance as deemed appropriate by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter E - OPERATION AND LEASING OF PARK CONCESSIONS › Section 59.109 - Furnishing Utilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  may furnish utilities to the concessioner.
(b) When it is not feasible for the
				  department to meter utilities supplied to the concessioner, a reasonable rate
				  fixed by the department for the concessioner's monthly consumption may be
				  assessed and included in the concession contract terms.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter F - STATE PARK OPERATIONAL RULES › Section 59.131 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Arms and
				  firearms--Any device from which shot, a projectile, arrow, or bolt is fired by
				  the force of an explosion, compressed air, gas, or mechanical device. To
				  include, but not limited to, any device described by Penal Code, §
										46.01(3),
				  rifle, shotgun, handgun, air rifle, pellet gun, longbow, cross bow, sling shot,
				  blow gun, or dart gun.
(2)
				  Bicycle--A device that a person may ride, that is propelled by human power, and
				  has two tandem wheels at least one of which is more than 14 inches in
				  diameter.
(3) Artifacts--Objects
				  used or modified by humans, including, but not limited to, arrow points, dart
				  points, stone, bone, or shell implements or any other prehistoric or historic
				  objects.
(4) Boat--A vessel not
				  more than 65 feet in length, measured from end to end over the deck, excluding
				  sheer, and manufactured or used primarily for noncommercial use.
(5) Camping--The act of:
(A) occupying a designated camping
				  facility;
(B) erecting a tent, or
				  arranging bedding, or both, for the purpose of, or in such a manner as will
				  permit, remaining overnight; and/or
(C) using a trailer, camper, or other vehicle
				  for the purpose of sleeping during nighttime hours.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter F - STATE PARK OPERATIONAL RULES › Section 59.132 - General Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon finding a
				  need for public safety or welfare, or preservation of park resources, the
				  director may impose restriction on public activity and conduct and may limit
				  the use of any area or facility in a state park or a portion thereof. It is an
				  offense for a person to enter or remain in an area or participate in an
				  activity so restricted by the director.
(b) An employee of the department, peace
				  officers, and emergency personnel are exempt from this subchapter when this
				  subchapter conflicts with the discharge of his or her official duties to the
				  extent of that conflict.
(c) The
				  director by written order may waive any provision of this subchapter in
				  response to a natural disaster or other similar emergency.
(d) Any vehicle, boat, trailer, or other
				  property found parked, stored, or left in a state park in violation of any law
				  or rule may be removed and stored at the owner's expense.
(e) No person may enter a state park with an
				  equine or equines, or cause the entry of an equine or equines to a state park,
				  unless that person has in his or her immediate possession, for each equine in
				  the person's custody or equine that the person allowed to enter the state park,
				  a completed VS Form 10-11 (Texas Animal Health Commission) showing that the
				  equine has tested negative to an official Equine Infectious Anemia test within
				  the previous 12 months. The documentation required by this subsection shall be
				  made available for inspection upon the request of any department employee
				  acting within the scope of official duties.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter F - STATE PARK OPERATIONAL RULES › Section 59.133 - Closing Hours and Overnight Use

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  director by written order may establish closing hours and opening hours for a
				  state park or a portion of a state park. Closing hours or opening hours shall
				  be posted.
(b) The director or
				  designee may close a state park as necessary to protect public health and
				  safety during emergency conditions, resource management activities,
				  construction projects or other management purposes.
(c) Except for persons authorized by the
				  department to use a camping facility, trailer space, shelter, cabin or lodge
				  facilities, or boat ramp, or for persons who have paid the overnight activity
				  use fee, it is an offense for a person to enter into or remain within a state
				  park between the closing hour and the opening hour.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter F - STATE PARK OPERATIONAL RULES › Section 59.134 - Rules of Conduct in Parks

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Abandoned and unattended property. It is an offense for any person to:
(1) abandon a vehicle or other personal
				  property;
(2) leave a vehicle,
				  boat, barge, or other property unattended in a unit of the state park system in
				  such a manner as to create a hazardous or unsafe condition; or
(3) leave property unattended in a state park
				  without having received prior permission from the director or to leave a
				  vehicle unattended after the closing hour, unless such person is legally in the
				  park after closing, and unless he has parked the vehicle in a place designated
				  by the director or he has prior permission from the director.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter F - STATE PARK OPERATIONAL RULES › Section 59.135 - Vehicles, Trailers, Motor Homes, Camping Equipment, or Personal Belongings

Current through Reg. 49, No. 28; July 12, 2024
All vehicles, trailers, motor homes, camping equipment, or
					 personal belonging may be removed at the owner's expense when exceeding the
					 check-out time limitation of a facility.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter F - STATE PARK OPERATIONAL RULES › Section 59.136 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
Penalties for violations of §§
										59.132-59.134
					 of this title (relating to General Rules, Closing Hours and Overnight Use, and
					 Rules of Conduct) are Class C Misdemeanors, Parks and Wildlife Code, Chapter
					 13.112.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter I - GRATUITIES › Section 59.221 - Acceptance of Gratuities

Current through Reg. 49, No. 28; July 12, 2024
(a) An employee of
				  the department may accept a gratuity offered by a customer of a restaurant,
				  cafeteria, or other food service establishment or hospitality unit of a state
				  park operated by the department if the employee has been authorized to do so by
				  the executive director.
(b) An
				  employee authorized under subsection (a) of this section to accept gratuities
				  shall follow the policies of the department and all applicable laws of the
				  United States and the State of Texas applicable to the reporting of
				  gratuities.
(c) The department
				  shall follow all applicable laws of the United States and the State of Texas
				  applicable to the reporting of gratuities received by department employees
				  under the provisions of this section.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 59 - PARKS › Subchapter J - OFF-HIGHWAY VEHICLE TRAIL AND RECREATIONAL AREA PROGRAM › Section 59.231 - Off-Highway Vehicle Trail and Recreational Area Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				  terms, when used in this subchapter, shall have the following meanings, unless
				  the context clearly indicates otherwise. All other words and terms shall have
				  the meanings assigned by Parks and Wildlife Code.
(1) Off-highway motorcycle--A vehicle meeting
				  the definition of a motorcycle in Transportation Code, §
											502.001, that is not
				  registered for use on a public roadway.
(2) Public land--Any land on which an
				  off-highway decal is required under Parks and Wildlife Code, §
											29.003.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 60 - MAINTENANCE REVIEWS › Subchapter A - MAINTENANCE EQUIPMENT REVIEW › Section 60.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Capitalized
				  maintenance equipment--Maintenance equipment having an acquisition value of
				  $5,000 or more.
(2)
				  Commission--Texas Parks and Wildlife Commission.
(3) Department--Texas Parks and Wildlife
				  Department.
(4) Department
				  purpose--Any function of the department required or authorized by state or
				  federal law.
(5) Fair market
				  value--The price at which a piece of maintenance equipment would change hands
				  between a willing buyer and a willing seller, neither being under any
				  compulsion to buy or to sell and both having reasonable knowledge of relevant
				  facts.
(6) Maintenance cost--The
				  annual cost to repair or otherwise keep a piece of maintenance equipment in
				  working order, but does not include routine maintenance, such as oil changes,
				  tire replacement, and lubrication, that are part of a scheduled regime of
				  equipment care.
(7) Maintenance
				  equipment--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.
(8) Operational--The
				  condition of being currently in use or functionally capable of being
				  used.
(9) Outdated
				  equipment--Capitalized maintenance equipment that:
(A) has a fair market value that is less than
				  the maintenance cost;
(B) is not
				  operational and cannot reasonably be made operational; or
(C) no longer serves a department
				  purpose.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 60 - MAINTENANCE REVIEWS › Subchapter A - MAINTENANCE EQUIPMENT REVIEW › Section 60.3 - Maintenance Equipment Review System

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For each piece of capitalized maintenance equipment in the department's
				  inventory, the department shall prepare an annual report containing the
				  following:
(1) the fair market
				  value;
(2) the maintenance cost for
				  the equipment for the preceding twelve months;
(3) whether the equipment is operational or
				  can reasonably be made operational; and
(4) whether the equipment continues to serve
				  a department purpose.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 60 - MAINTENANCE REVIEWS › Subchapter A - MAINTENANCE EQUIPMENT REVIEW › Section 60.4 - Sale of Outdated Equipment

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  shall sell or dispose of outdated equipment identified for sale or disposition
				  pursuant to this subchapter in accordance with applicable law.
(b) The provisions of this subchapter do not
				  prevent the department from disposing of any property as otherwise may be
				  provided for by law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 60 - MAINTENANCE REVIEWS › Subchapter B - MAINTENANCE PROVIDER REVIEW › Section 60.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Capitalized personal
				  property--Personal property having an acquisition value of $5,000 or
				  more.
(2) Commission--Texas Parks
				  and Wildlife Commission.
(3)
				  Department--Texas Parks and Wildlife Department.
(4) Department facility--A wildlife
				  management area, fish hatchery, state park, or state historic site operated by
				  the Department.
(5) Maintenance
				  service--The administration, operation, preservation, repair, and expansion of
				  capitalized personal property or real property owned or operated by the
				  department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 60 - MAINTENANCE REVIEWS › Subchapter B - MAINTENANCE PROVIDER REVIEW › Section 60.11 - Maintenance Provider Review System

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Annual report.
(1) The department shall
				  prepare an annual report on the cost of obtaining the following maintenance
				  services:
(A) groundskeeping and landscaping
				  services (such as mowing, trimming, and vegetation control and
				  removal);
(B) janitorial
				  services;
(C) minor repairs;
				  and
(D) solid waste collection,
				  removal, and disposal services.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 61 - DESIGN AND CONSTRUCTION › Subchapter A - CONTRACTS FOR PUBLIC WORKS › Section 61.21 - Contracts for Public Works

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  department shall solicit, evaluate, negotiate, select, and award contracts for
				  construction projects by means of a fair and impartial method as authorized by
				  applicable law.
(b) The department
				  shall ensure that any method used to solicit, evaluate, select, and award a
				  contract for construction results in the best value for the
				  department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 61 - DESIGN AND CONSTRUCTION › Subchapter A - CONTRACTS FOR PUBLIC WORKS › Section 61.22 - Purchase of Iron or Steel Products

Current through Reg. 49, No. 28; July 12, 2024
The department shall develop, implement, and follow
					 guidelines and policies to ensure compliance with the provisions of Government
					 Code, §
										2252.202(a).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 61 - DESIGN AND CONSTRUCTION › Subchapter C - BOAT RAMP CONSTRUCTION AND REHABILITATION › Section 61.101 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will administer a
				  statewide program for boating access facilities in accord with the its current
				  Procedural Guide for the State Boat Ramp Program.
(b) The program will be submitted to the
				  Commission for approval.
(c)
				  Equitable distribution will be observed, with consideration given to available
				  public waters and numbers of boat registrations.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 61 - DESIGN AND CONSTRUCTION › Subchapter C - BOAT RAMP CONSTRUCTION AND REHABILITATION › Section 61.102 - Fees

Current through Reg. 49, No. 28; July 12, 2024
Fees may be assessed for the use of boating access
					 facilities supported with program funds when there are no conflicts with state
					 or federal law or regulations.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 61 - DESIGN AND CONSTRUCTION › Subchapter C - BOAT RAMP CONSTRUCTION AND REHABILITATION › Section 61.103 - Requirements of Applicants

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants will
				  provide assurance that the property on which the facility is to be located is
				  under the legal control of the applicant for a minimum of 25 years.
(b) Applicants must agree to operate
				  facilities.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 61 - DESIGN AND CONSTRUCTION › Subchapter E - LOCAL PARKS AND RECREATION GRANT PROGRAM › Section 61.132 - Grants Manual and Federal Procedural Guide

Current through Reg. 49, No. 28; July 12, 2024
(a) The Recreation Grants Manual contains the
				  standards and requirements for the application, evaluation and award of all
				  grants made under this subchapter and
(b) The department is the state agency
				  designated to cooperate with the federal government in the administration of
				  the provisions of the Land and Water Conservation Fund Act of 1965. The federal
				  procedural guide is designed to assist local governments in making application
				  for federal funds, and describes the rules and regulations governing the
				  disbursement of such funds for the Land and Water Conservation Fund Program and
				  is adopted by reference.
(c) Copies
				  of the Recreation Grants Manual and the federal procedural guide are available
				  at the Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas
				  78744 and on the department's website.