reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter E - SHOW, TEST, AND DEMONSTRATION OF VESSELS › Section 55.130 - Show, Test, or Demonstration of Vessel

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A licensed dealer, distributor, or manufacturer (hereinafter "licensee") may
				  use the licensee's number to show, demonstrate, or test a vessel on the water
				  of this state without acquiring a certificate of number and registration
				  decals. The licensee's number shall be attached, affixed, or inscribed on both
				  sides of the vessel in an easily visible location. The use of removable signs
				  which can be temporarily but firmly attached to the vessel is
				  permissible.
(b) A licensee may not
				  use the licensee's number for the use of a vessel on the water of this state
				  for recreational purposes or for participation in contests or events, except as
				  permitted in this subchapter.
(c)
				  On a limited and temporary basis, a licensee, or person or persons authorized
				  by the licensee, may use a vessel for recreational purposes or participation in
				  contests or events only if:
(1) the licensee's
				  number is either temporarily or permanently attached, affixed, or inscribed on
				  both sides of the vessel in an easily visible location;
(2) a department-issued validation decal is
				  either temporarily or permanently prominently displayed on both sides of the
				  vessel in an easily visible location;
(3) a department-issued validation card is
				  aboard the vessel; and
(4) the
				  temporary use does not occur on more than six consecutive days, and does not
				  occur on more than twelve days in any calendar month.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter F - FLOATING CABINS › Section 55.201 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words or terms, when used in this subchapter,
					 shall have the following meanings, except where context clearly indicates
					 otherwise:
(1) 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.
(2) Portable Marine Sanitation Device--A
				  device that is designed to facilitate the transport of sewage for onshore
				  disposal.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter F - FLOATING CABINS › Section 55.202 - Period of Validity; Renewal and Transfer of Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Permits issued under authority of this
				  subchapter are valid only during the yearly period for which they are issued
				  without regard to the date on which the permits are acquired. Each yearly
				  permit period begins on September 1 and ends on August 31.
(b) A person possessing a permit issued under
				  this subchapter may renew that permit by submitting a completed permit renewal
				  form and renewal fee to the department prior to the expiration date of the
				  current permit. The department may renew a floating cabin permit only if:
(1) the eligibility requirements set forth in
				  Parks and Wildlife Code, §
											32.052,
				  have been met; and
(2) a permit
				  renewal form, accompanied by the permit renewal fee specified in Parks and
				  Wildlife Code, §
											32.055,
				  has been submitted to the department no later than 90 days after the expiration
				  date of the current permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter F - FLOATING CABINS › Section 55.203 - Relocation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A floating
				  cabin may not be relocated except on approval of a completed Relocation
				  Application and verification that the proposed location meets the requirements
				  of this subchapter and Parks and Wildlife Code, §
										32.107
				  and §
										32.108.
(b) A floating cabin may not be relocated
				  more than twice during a permit year except upon show of cause acceptable to
				  the Department.
(c) A floating
				  cabin may not be relocated within:
(1) a
				  distance of 500 feet of any other floating cabin or structure required to be
				  permitted under Natural Resource Code, Chapter 33; or
(2) a distance of 250 feet of a
				  pipeline.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter F - FLOATING CABINS › Section 55.204 - Replacement Requirements

Current through Reg. 49, No. 28; July 12, 2024
Upon approval of a Floating Cabin Replacement Application,
					 a floating cabin permitted under the provisions of this subchapter may be
					 replaced by a floating cabin meeting the requirements of §
										55.205
					 of this title (relating to Identification and Marking Requirements) and Parks
					 and Wildlife Code, §
										32.101
					 and §
										32.103(1).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter F - FLOATING CABINS › Section 55.205 - Identification and Marking Requirements

Current through Reg. 49, No. 28; July 12, 2024
All floating cabins required to be permitted under the
					 provisions of Parks and Wildlife Code, Chapter 32, shall be marked as
					 follows.
(1) The permit number must be
				  displayed on the outside of the cabin area on two opposite sides. The number
				  shall be attached to or painted in block arabic letters of good proportion in
				  contrasting color to the background and be at least three inches in height. The
				  assigned permit numbering pattern consists of the prefix "FC" followed by a
				  combination of numerals and an annual validation sticker. The group of numerals
				  appearing between the letters and validation sticker shall be separated by a
				  hyphen or equivalent space.
(2)
				  Each floating cabin must exhibit an orange reflector measuring a minimum of 3
				  inches. Reflectors shall be mounted on the outer 1/3 portion of each side of
				  the floating cabin in a manner allowing an unobstructed view from an approach
				  to the side.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter F - FLOATING CABINS › Section 55.206 - Permit Purchase Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Delegation of
				  Authority. The commission delegates power and authority to the executive
				  director to administer the Floating Cabin Buyback Program.
(b) Permit Buyback Bid Application Period
(1) The department may open one or more
				  permit buyback bid offer application periods per permit year if available funds
				  permit.
(2) The department shall
				  establish during each application period a deadline for receipt of all
				  applications.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter F - FLOATING CABINS › Section 55.207 - Specifications for Marine Sanitation Devices

Current through Reg. 49, No. 28; July 12, 2024
Floating Cabins required to be permitted by Parks and
					 Wildlife Code, Chapter 32, shall have sewage disposal devices and equipment
					 meeting the following requirements:
(1) A Portable Marine Sanitation Device shall
				  meet the following specifications:
(A) The
				  holding tank must be designed to facilitate the transport of sewage for lawful
				  onshore disposal.
(B) The device
				  must be maintained in a serviceable condition allowing for removal of waste for
				  onshore disposal.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter F - FLOATING CABINS › Section 55.208 - Refusal to Renew Permit; Review of Agency Decision to Refuse Permit Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to refusal of permit renewal
				  under the provisions of §
										55.202(c)
				  of this title (relating to Period of Validity; Renewal and Transfer of
				  Permits), the department may refuse to renew a permit under this subchapter if:
(1) an applicant is liable to the state under
				  Parks and Wildlife Code §
											12.301;
(2) an applicant has been finally convicted
				  or assessed an administrative penalty for a violation of:
(A) a provision of the Parks and Wildlife
				  Code that is punishable as a Parks and Wildlife Code:
(i) Class A or B misdemeanor;
(ii) state jail felony; or
(iii) felony; or
(B) a violation of Water Code, §
												26.121.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter G - BOAT SPEED LIMIT AND BUOY STANDARDS › Section 55.301 - Application

Current through Reg. 49, No. 28; July 12, 2024
These sections apply to all public waters in the State of
					 Texas.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter G - BOAT SPEED LIMIT AND BUOY STANDARDS › Section 55.302 - 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) Department--Texas Parks
				  and Wildlife Department.
(2)
				  Governing board--The governing board of an incorporated city or town, a
				  commissioners court of a county, or the governing board of a political
				  subdivision of the state created pursuant to the Texas Constitution, Article
				  XVI, §59, as identified in the Parks and Wildlife Code, §
										31.092(c).
(3) Headway speed--Slow, idle speed, or speed
				  only fast enough to maintain steerage on course.
(4) Regulated area--Any area on public water
				  designated and posted as a regulated area by a governing board as provided in
				  Parks and Wildlife Code, §
										31.092.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter G - BOAT SPEED LIMIT AND BUOY STANDARDS › Section 55.303 - General Rules

Current through Reg. 49, No. 28; July 12, 2024
The following rules shall govern the speed limits of moving
					 vessels on all public waters of this state.
(1) Governing boards may establish regulated
				  areas under procedures and rules set out in Parks and Wildlife Code, §
										31.092, when
				  these rules are determined to be necessary for public safety.
(A) Numerical speed limits, such as miles per
				  hour, shall not be used on public waters.
(B) Boat speeds outside of regulated areas
				  shall be governed by the Parks and Wildlife Code, §
											31.095(a).
(C) The governing board shall post and
				  maintain regulated areas with buoys or pilings consistent with the system of
				  markers authorized by this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter G - BOAT SPEED LIMIT AND BUOY STANDARDS › Section 55.304 - System of Markers

Current through Reg. 49, No. 28; July 12, 2024
(a) The U.S. Aids
				  to Navigation System contained in 33 Code of Federal Regulations, Part 62 is
				  hereby adopted for all public waters in this state.
(b) This federal regulation describes the
				  meanings associated with various markers.
(c) This federal regulation is published in
				  the Code of Federal Regulations. It may be obtained from any United States
				  Depository Library or by writing the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter G - BOAT SPEED LIMIT AND BUOY STANDARDS › Section 55.305 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
The penalties for violation of this subchapter are
					 prescribed by the Texas Parks and Wildlife Code, §
										31.127.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter H - PARTY BOATS › Section 55.401 - 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) Inland waters--all
				  public waters of this state on the landward side of the coastal waters boundary
				  as defined in §
										65.3(15)
				  of this title (relating to Definitions).
(2) Party boat--a vessel meeting the
				  definition of "party boat" established in Parks and Wildlife Code, §
										31.171(2).
(3) Passenger--a person carried on board a
				  party boat, but does not include:
(A) the
				  vessel owner or the owner's agent;
(B) the vessel's operator or crew members, if
				  they have not provided a consideration for their transportation before, during,
				  or after the voyage; or
(C) a
				  person being trained for the purposes of acquiring a party boat operator's
				  license.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter H - PARTY BOATS › Section 55.402 - Applicability and Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  subchapter applies to a party boat that operates on inland waters of this
				  state.
(b) The annual water safety
				  inspection required by §
										55.405(a)
				  of this title (relating to Employer/Owner Responsibilities) is not required for
				  a vessel that:
(1) is carrying passengers for
				  hire; and
(2) carries a valid and
				  current certificate of inspection issued pursuant to federal law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter H - PARTY BOATS › Section 55.403 - License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  not operate a party boat unless the person:
(1) has in the person's immediate possession
				  a party boat operator's license issued by the department;
(2) is learning to operate the party boat for
				  the purpose of acquiring a party boat operator's license and:
(A) is an employee of the owner of the party
				  boat or the owner's agent; and
(B)
				  is accompanied by a holder of a party boat operator's license issued by the
				  department and the license holder occupies a space beside the unlicensed
				  operator for the purpose of giving instruction on operating the party
				  boat.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter H - PARTY BOATS › Section 55.404 - Party Boat Operator License-General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Application.
(1) A person may apply for a party boat
				  operator license by submitting a completed department-supplied application to
				  the department, accompanied by the fee specified by Chapter 53, Subchapter A of
				  this title (relating to Fees).
(2)
				  The department will not issue a party boat operator license to any person who
				  has not passed a department-approved written examination on safe party boat
				  operation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter H - PARTY BOATS › Section 55.405 - Employer/Owner Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  owner of a party boat may not operate or allow the operation of a boat as a
				  party boat unless it has passed an annual water safety inspection conducted or
				  authorized by the department within the previous 12 months.
(b) The owner of a party boat must maintain
				  at least a minimum of $300,000 of liability insurance from an insurer licensed
				  to do business in this state.
(c)
				  The owner of a party boat may not knowingly:
(1) permit a person to operate a party boat
				  at any time that the person is prohibited under the provisions of this
				  subchapter from operating a party boat; or
(2) train a person to operate a party boat
				  for purposes of obtaining a party boat operator's license unless the person is
				  employed by the owner and has completed a boating safety course approved by the
				  department. This paragraph does not apply if six or fewer passengers are aboard
				  at the time a person is being trained.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter H - PARTY BOATS › Section 55.406 - Violations and Penalties

Current through Reg. 49, No. 28; July 12, 2024
A violation of any provision of this subchapter is
					 punishable as prescribed by Parks and Wildlife Code, §
										31.127.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter I - DISPOSITION OF DANGEROUS WILD ANIMALS › Section 55.501 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter sets forth the
				  regulations concerning the disposition of dangerous wild animals, and
				  carcasses, hides, and parts of or products made from a dangerous wild animal
				  seized by a peace officer pursuant to the provisions of Parks and Wildlife
				  Code, Chapter 62, Subchapter F.
(b)
				  For purposes of this subchapter, "convicted" means found guilty by a judge or
				  jury, a plea of guilty or nolo contendere, or placed on deferred
				  adjudication.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter I - DISPOSITION OF DANGEROUS WILD ANIMALS › Section 55.503 - Disposition of Live Animals

Current through Reg. 49, No. 28; July 12, 2024
(a) A game
				  warden, or other authorized Department employee, or a licensed veterinarian
				  acting under the direction of a game warden, may euthanize a dangerous wild
				  animal to eliminate its suffering due to illness or injury, or if the
				  Department is unable to locate a suitable place for the animal under subsection
				  (b) of this section.
(b) If a
				  person is convicted of a violation of Chapter 62, Subchapter F, Parks and
				  Wildlife Code, the dangerous wild animal may be transferred to a sanctuary, or
				  to a person with a permit that allows for possession of the animal.
(c) If no person is convicted of a violation
				  of Chapter 62, Subchapter F, Parks and Wildlife Code, the dangerous wild animal
				  shall be disposed of according to the instructions of the court.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter I - DISPOSITION OF DANGEROUS WILD ANIMALS › Section 55.505 - Disposition of Carcass, Hide, or Part of Animal, or Product Made from Animal

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person is convicted of a violation
				  of Chapter 62, Subchapter F, Parks and Wildlife Code, the Department may
				  destroy, or keep, or place on loan for use in an educational display, a
				  carcass, hide, or part of or product made from a dangerous wild
				  animal.
(b) If no person is
				  convicted of a violation of Chapter 62, Subchapter F, Parks and Wildlife Code,
				  the carcass, hide, or part of or product made from a dangerous wild animal
				  shall be disposed of according to the instructions of the court, if any, or
				  returned to the person from whom it was seized.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter J - CONTROLLED EXOTIC SNAKES › Section 55.651 - 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) Commercial
				  possession--The possession of a controlled exotic snake for the purpose of
				  sale.
(2) Controlled exotic
				  snake--Any live snake that is:
(A) a venomous
				  snake not indigenous to Texas;
(B)
				  any of the following:
(i) African rock python
				  (Python sebae);
(ii) Asiatic rock
				  python, (Python molurus);
(iii)
				  Burmese python (Python bivittatus);
(iv) green anaconda, (Eunectes
				  murinus);
(v) reticulated python,
				  (Python reticulatus);
(vi) southern
				  African python, (Python natalensis); or
(C) a hybrid of any species listed in this
				  paragraph.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter J - CONTROLLED EXOTIC SNAKES › Section 55.652 - Permit Required

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided by Parks and Wildlife Code, §
										43.851(c),
				  it is an offense for any person in this state to:
(1) possess a controlled exotic snake for any
				  purpose other than sale unless that person possesses a valid recreational
				  controlled exotic snake permit issued by the department; or
(2) sell or possess for commercial purposes a
				  controlled exotic snake unless that person possesses a valid commercial
				  controlled exotic snake permit issued by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter J - CONTROLLED EXOTIC SNAKES › Section 55.653 - Permit Issuance and Period of Validity

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  obtain a permit under this subchapter by paying the fee specified in Chapter
				  53, Subchapter A of this title (relating to Fees).
(b) A permit issued under this subchapter is
				  valid from September 1 of one year until August 31 of the following
				  year.
(c) A person who sells a
				  controlled exotic snake or snakes to another person for purposes of
				  recreational possession shall inform the purchaser at the time of the sale
				  that:
(1) the sales receipt for the
				  transaction is a temporary recreational controlled exotic snake permit valid
				  for 21 days from the date indicated on the receipt; and
(2) after the 21st day following the date
				  indicated on the sales receipt, the possession or transport of the controlled
				  exotic snake or snakes is unlawful unless the person has purchased a
				  recreational controlled exotic snake permit issued by the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter J - CONTROLLED EXOTIC SNAKES › Section 55.654 - Possession of Commercial Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  commercial controlled exotic snake permit is required for each permanent place
				  of business where controlled exotic snakes are sold or held in commercial
				  possession.
(b) An employee of a
				  commercial controlled exotic snake permit holder may buy and sell controlled
				  exotic snakes under the authority of that permit only at a permanent place of
				  business operated by the permittee, provided that the employer's permit or a
				  legible photocopy of the permit is maintained at the place of business during
				  all activities governed by this subchapter.
(c) In the event that the holder of a
				  commercial controlled exotic snake permit conducts an activity regulated under
				  this subchapter at a place other than the permittee's permanent place of
				  business, that person shall possess on their person the original or a legible
				  photocopy of a valid commercial controlled exotic snake permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter J - CONTROLLED EXOTIC SNAKES › Section 55.655 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) The holder of a commercial controlled
				  exotic snake permit shall maintain a current and legible daily record of all
				  activities involving the acceptance, possession, or transfer of controlled
				  exotic snakes by the permittee, including the name and address of any person:
(1) to whom a controlled exotic snake is
				  sold;
(2) from whom a controlled
				  exotic snake is bought; or
(3) from
				  whom a controlled exotic snake is obtained; and
(4) the person 's controlled exotic snake
				  permit number, if the person is required to possess a controlled exotic snake
				  permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter J - CONTROLLED EXOTIC SNAKES › Section 55.656 - Inspection; Seizure

Current through Reg. 49, No. 28; July 12, 2024
(a) Inspection. An
				  authorized department employee may inspect at any time and without a warrant a
				  permit or any records required by this subchapter.
(b) Seizure.
(1) The department may arrange for the
				  seizure and removal of a snake covered by this subchapter from a person who
				  possesses the snake without the required permit. The person is responsible for
				  any costs incurred by the department in the seizure, removal, and disposition
				  of the snake.
(2) A department
				  employee is not required to handle, remove, or dispose of the snake.
(3) The department may contract with a person
				  who has knowledge of or expertise in the handling of a snake covered by this
				  subchapter to assist the department in the handling, removal, and disposition
				  of the snake.
(4) The department,
				  including an enforcement officer of the department, who acts under this section
				  is not liable in a civil action for the seizure, sale, donation, or other
				  disposition of the snake.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter J - CONTROLLED EXOTIC SNAKES › Section 55.657 - Violations and Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may
				  not intentionally, knowingly, recklessly, or with criminal negligence release
				  or allow the release from captivity of a snake covered by this
				  subchapter.
(b) A person who
				  violates any provision of the subchapter is subject to the penalties prescribed
				  by Parks and Wildlife Code, §
										43.856.
(c) The provisions of Parks and Wildlife
				  Code, Chapter 43, Subchapter V and this subchapter may be enforced by any Texas
				  peace officer.
(d) It is a defense
				  to prosecution under §
										55.652
				  of this title (relating to Permit Required) that the person charged produces in
				  court an appropriate permit issued to the person and valid when the offense was
				  committed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter K - INTERSTATE WILDLIFE VIOLATOR COMPACT › Section 55.675 - Interstate Wildlife Violator Compact

Current through Reg. 49, No. 28; July 12, 2024
The Texas Parks and Wildlife Commission expresses support
					 for the Interstate Wildlife Violator Compact (Compact) and hereby directs the
					 executive director of the department to enter into the Compact on behalf of the
					 state of Texas. As provided by the terms of the Compact, and in the manner
					 specified by the Compact, the director or the director's designee may:
(1) enter into the Compact and/or withdraw
				  from the Compact;
(2) appoint a
				  Compact administrator to serve as Texas' representative on the board of Compact
				  administrators;
(3) refuse to issue
				  a license, tag or permit;
(4)
				  receive information from and provide information to other member
				  states;
(5) process nonresident
				  violators who are residents of other member states;
(6) establish policies and procedures to
				  implement the terms of the Compact and this section; and
(7) take other action as necessary to carry
				  out the terms of the Compact.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter L - MARINE SAFETY ENFORCEMENT-TRAINING AND CERTIFICATION STANDARDS › Section 55.801 - Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall apply to any peace officer, as
					 defined by Article 2.12, Texas Code of Criminal Procedure, who enforces any
					 provision of Parks and Wildlife Code, Chapter 31, or enforces any provision,
					 regulation, resolution, ordinance, order adopted pursuant to Parks and Wildlife
					 Code, §
										31.092.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter L - MARINE SAFETY ENFORCEMENT-TRAINING AND CERTIFICATION STANDARDS › Section 55.802 - 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, except where the context clearly
					 indicates otherwise.
(1) Active duty
				  peace officer--A peace officer holding a valid peace officer license from the
				  Texas Commission on Law Enforcement (TCOLE) and a valid peace officer
				  commission issued by an authorized governmental entity of the State of
				  Texas.
(2) Commission--The Texas
				  Parks and Wildlife Commission.
(3)
				  Department--The Texas Parks and Wildlife Department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter L - MARINE SAFETY ENFORCEMENT-TRAINING AND CERTIFICATION STANDARDS › Section 55.803 - General Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				  for certification as a marine safety enforcement officer, a person must:
(1) be an active duty peace
				  officer;
(2) hold a Texas boater
				  education certificate; and
(3)
				  successfully complete the marine safety enforcement officer training course and
				  marine safety enforcement officer examination.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter L - MARINE SAFETY ENFORCEMENT-TRAINING AND CERTIFICATION STANDARDS › Section 55.804 - Marine Safety Enforcement Officer Course Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The marine safety enforcement officer
				  course shall consist of the following instruction topics:
(1) provisions of the Texas Water Safety Act,
				  Parks and Wildlife Code, Chapter 31;
(2) navigation rules;
(3) United States Coast Guard rules
				  applicable to state waters;
(4)
				  boater education requirements; and
(5) the reporting requirements of §
											55.806 of
				  this title (relating to Reporting Requirements).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter L - MARINE SAFETY ENFORCEMENT-TRAINING AND CERTIFICATION STANDARDS › Section 55.806 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Marine
				  safety enforcement officers shall report all investigations as required by
				  Parks and Wildlife Code, §
										31.132,
				  by completing and submitting to the department a Water Safety Incident
				  Report(s).
(b) The department may
				  summarily suspend the certification of a marine safety enforcement officer who
				  fails to submit, fails to complete, or falsifies a report required under
				  subsection (a) of this section.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter L - MARINE SAFETY ENFORCEMENT-TRAINING AND CERTIFICATION STANDARDS › Section 55.807 - Fees

Current through Reg. 49, No. 28; July 12, 2024
All applications shall be accompanied by the fees specified
					 in Chapter 53 of this title (relating to Finance). For all courses other than
					 online courses, payments shall be in the form of a check, money order, or
					 warrant made payable to the department. For courses provided by an online
					 provider payment shall be in a form prescribed by the provider. All fees
					 remitted to the department are nonrefundable; however, an entity may substitute
					 a qualified peace officer in place of a person named on an
					 application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 55 - LAW ENFORCEMENT › Subchapter M - MANDATORY BOATING INCIDENT REPORT › Section 55.850 - Mandatory Boating Incident Report

Current through Reg. 49, No. 28; July 12, 2024
The operator of a vessel involved in a collision, accident,
					 or other casualty that results in death or injury to a person or damage to
					 property in excess of $2,000 shall report to the department on or before the
					 expiration of 30 days after the incident a full description of the collision,
					 accident, or casualty. The report required by this section may be in writing,
					 by phone, by electronic mail, or via the department web site.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 56 - AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT › Section 56.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms shall have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Applicant--A person who seeks to obtain a
				license or permit issued by the department.
(2) Final conviction--A final judgment of
				guilt, the granting of deferred adjudication or pretrial diversion, or the
				entering of a plea of guilty or nolo contendere.
(3) License or Permit--A non-recreational
				license or permit issued by the department, including but not limited to the
				licenses and permits listed in §56.7 of this title (relating to Permits
				and Licenses Affected).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 56 - AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT › Section 56.2 - Refusal to Issue or Renew Permit or License

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Criminal conduct. The department may refuse to issue or renew a license or
				permit to any person who has been finally convicted of or assessed an
				administrative penalty for a violation of:
(1) Parks and Wildlife Code, Chapter 43,
				Subchapter C, E, G, L, R, or R-1;
(2) a provision of the Parks and Wildlife
				Code not described by paragraph (1) of this subsection that is a Parks and
				Wildlife Code:
(A) Class A or B
				misdemeanor;
(B) state jail felony;
				or
(C) felony;
(3) Parks and Wildlife Code, §
										63.002;
(4) Penal Code, §
										37.10
				or §
										42.092;
(5) the Lacey Act (16 U.S.C. §§
											3371-3378);
(6) the Airborne Hunting Act (16 U.S.C.
				§
											742j-1); or
(7) any statutory or regulatory provision not
				described in this subsection involving conduct or behavior regulated by the
				permit or license the applicant seeks to obtain or renew. In determining
				whether a criminal conviction directly relates to the duties and
				responsibilities required under a permit or license sought by an applicant, the
				department shall consider each of the following factors:
(A) the relationship of the crime to the
				purposes for which a license or permit listed in §56.7 of this title is
				required;
(B) the extent to which
				the issuance of a license or permit might offer an opportunity to engage in
				further criminal activity of the same type as that in which the person
				previously had been involved;
(C)
				the relationship of the crime to the ability or capacity required to perform
				the duties and discharge the responsibilities under the license or permit being
				sought; and
(D) any correlation
				between the elements of the crime and the duties and responsibilities of the
				license or permit being sought.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 56 - AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT › Section 56.3 - Subpermittees, Volunteers, Agents, and Surrogates

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may prohibit any person
				from engaging in activities regulated under a permit or license as a
				subpermittee, agent, or volunteer if that person is prohibited for any reason
				from obtaining the permit or license or from engaging in activities authorized
				by the permit or license.
(b) The
				department may refuse to issue or renew a permit or license for any person the
				department has evidence is acting on behalf of or as a surrogate for another
				person who is prohibited for any reason from obtaining the permit or license or
				from engaging in activities authorized by the permit or license.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 56 - AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT › Section 56.4 - Review of Agency Decision to Deny Issuance or Renewal of License or Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant may request a review of a
				decision of the department to refuse issuance of a license or permit.
(1) An applicant seeking review of a decision
				of the department with respect to the issuance or renewal of a license or
				permit must submit a written request for the review within 10 working days of
				being notified by the department that the application has been
				denied.
(2) Within 10 working days
				of receiving a request for review under this section, the department shall
				establish a date and time for the review.
(3) The department shall conduct the review
				within 30 working days of receipt of the request required by paragraph (1) of
				this subsection, unless another date is established in writing by mutual
				agreement between the department and the requestor.
(4) The request for review shall be presented
				to a review panel. The review panel shall consist of three department managers
				with expertise in the area or subject matter germane to the permit or license,
				appointed or approved by the executive director, or designee. The department
				employee that made the decision to refuse to issue or renew the license or
				permit shall not be a member of the review panel.
(5) The decision of the review panel is
				final.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 56 - AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT › Section 56.5 - Revocation or Suspension of Licenses of Affected License or Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) Criminal conduct. The department may
				suspend or revoke a license or permit issued to any person who has been finally
				convicted of or assessed an administrative penalty for a violation of:
(1) Parks and Wildlife Code, Chapter 43,
				Subchapter C, E, G, L, R, or R-1;
(2) a provision of the Parks and Wildlife
				Code not described by paragraph (1) of this subsection that is a Parks and
				Wildlife Code:
(A) Class A or B
				misdemeanor;
(B) state jail felony;
				or
(C) felony;
(3) Parks and Wildlife Code, §
										63.002;
(4) Penal Code, §
										37.10
				or §
										42.092;
(5) the Lacey Act (16 U.S.C. §§
											3371-3378);
(6) the Airborne Hunting Act (16 U.S.C.
				§
											742j-1); or
(7) any statutory or regulatory provision not
				described in this subsection involving conduct or behavior regulated by the
				permit or license. In determining whether a criminal conviction directly
				relates to the duties and responsibilities required under a permit or license,
				the department shall consider each of the following factors:
(A) the relationship of the crime to the
				purposes for which a license or permit listed in §56.7 of this title
				(relating to Permits and Licenses Affected) is required;
(B) the extent to which continued licensure
				or permit privileges might offer an opportunity to engage in further criminal
				activity of the same type as that in which the person previously had been
				involved;
(C) the relationship of
				the crime to the ability or capacity required to perform the duties and
				discharge the responsibilities under the license or permit; and
(D) any correlation between the elements of
				the crime and the duties and responsibilities of the license or
				permit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 56 - AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT › Section 56.6 - Review of Agency Decision to Seek Revocation or Suspension of a License or Permit

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee or
				permittee may request a review of a preliminary decision of the department to
				seek revocation or suspension of a license or permit.
(1) An applicant seeking review of a
				preliminary decision of the department with respect to the revocation or
				suspension of a license or permit must submit a written request for the review
				within 10 working days of being notified by the department of a preliminary
				decision to revoke or suspend a license or permit.
(2) Within 10 working days of receiving a
				request for review under this section, the department shall establish a date
				and time for the review.
(3) The
				department shall conduct the review within 30 working days of receipt of the
				request required by paragraph (1) of this subsection, unless another date is
				established in writing by mutual agreement between the department and the
				requestor.
(4) The request for
				review shall be presented to a review panel. The review panel shall consist of
				three department managers with expertise in the area or subject matter germane
				to the permit or license, appointed or approved by the executive director, or
				designee. The department employee that made the decision to seek suspension or
				revocation of the license or permit shall not be a member of the review
				panel.
(5) A decision of the review
				panel to not seek revocation or suspension of a permit or license is final. A
				decision of the review panel to seek revocation or suspension of a permit or
				license is subject to the opportunity for a hearing provided in Parks and
				Wildlife Code §
										12.502.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 56 - AGENCY DECISION TO REFUSE LICENSE OR PERMIT ISSUANCE OR RENEWAL AND AGENCY DECISION TO SUSPEND OR REVOKE AFFECTED LICENSE OR PERMIT › Section 56.7 - Permits and Licenses Affected

Current through Reg. 49, No. 28; July 12, 2024
The provisions of this chapter apply to the following types
				  of permits and licenses.
(1) Aerial
				Wildlife Management;
(2) Alligator
				- all;
(3) Bait Dealer -
				all;
(4) Bait Shrimp
				Dealer;
(5) CITES Tag Dealer -
				all;
(6) Commercial Fishing Boat -
				all;
(7) Commercial Mussel and Clam
				Fisherman - all;
(8) Commercial
				Nongame - all;
(9) Controlled
				Exotic Snake - all;
(10) Controlled
				Exotic Species - all;
(11)
				Depredation;
(12) Educational
				Display;
(13) Falconry -
				all;
(14) Finfish Import;
(15) Fish Dealer - all;
(16) Fishing Guide - all;
(17) Furbearing Animal - all;
(18) Game Animal Breeder;
(19) Game Bird Breeder - all;
(20) Hunting Cooperative - all;
(21) Marine Dealer, Distributor, or
				Manufacturer;
(22) Menhaden Boat -
				all;
(23) Nongame Fish;
(24) Party Boat Operator;
(25) Private Bird Hunting Area;
(26) Scientific Plant Research;
(27) Scientific Research;
(28) Shell Buyer - all;
(29) Shrimp Boat Captain - all;
(30) Shrimp Offloading;
(31) Wildlife Management Association Area
				Hunting Lease - all;
(32) Wildlife
				Rehabilitation; and
(33)
				Zoological.