PARKS AND WILDLIFE CODE
TITLE 2. PARKS AND WILDLIFE DEPARTMENT
CHAPTER 11. PARKS AND WILDLIFE DEPARTMENT
SUBCHAPTER A. GENERAL PROVISIONS
§ 11.001. DEFINITIONS. In this code:
(1) "Commission" means the Parks and Wildlife
Commission.
(2) "Department" means the Parks and Wildlife
Department.
(3) "Director" means the executive director of the
Parks and Wildlife Department.
(4) "Presiding officer" means the presiding officer of
the Parks and Wildlife Commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 2001, 77th Leg., ch. 968, § 47, eff. Sept. 1,
2001.
§ 11.002. POLICY IMPLEMENTATION. The commission shall
develop and implement policies that clearly separate the
policymaking responsibilities of the commission and the management
responsibilities of the director and the department staff.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 2, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 968, § 1, eff. Sept.
1, 2001.
§ 11.003. APPLICABILITY OF CERTAIN STATE LAW
REQUIREMENTS. A requirement under state law that a law enforcement
agency adopt a policy that requires the collection and reporting of
information relating to persons detained during traffic stops, that
a peace officer report information relating to persons detained
during traffic and pedestrian stops, or that a law enforcement
agency compile, analyze, and report information relating to persons
detained during traffic and pedestrian stops does not apply to the
department or an employee of the department.
Added by Acts 2001, 77th Leg., ch. 968, § 2, eff. Sept. 1, 2001.
SUBCHAPTER B. ORGANIZATION OF DEPARTMENT
§ 11.011. PARKS AND WILDLIFE DEPARTMENT. The Parks and
Wildlife Department is established as an agency of the state. It is
under the policy direction of the Parks and Wildlife Commission.
Acts 1975, 64th Leg., p. 1405, ch. 541, § 1, eff. Sept. 1, 1975.
§ 11.0111. SUNSET PROVISION. The Parks and Wildlife
Department is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the department is abolished September 1, 2013.
Added by Acts 1977, 65th Leg., p. 1846, ch. 735, § 2.099a, eff.
Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 267, art. 1,
§ 1, eff. Sept. 1, 1985; Acts 1985, 69th Leg., ch. 479, § 206,
eff. Sept. 1, 1985; Acts 1991, 72nd Leg., 1st C.S., ch. 17, §
5.21(a), eff. Nov. 12, 1991; Acts 2001, 77th Leg., ch. 968, § 3,
eff. Sept. 1, 2001.
§ 11.012. COMMISSION. (a) The commission consists of
nine members appointed by the governor with the advice and consent
of two-thirds of the members of the senate present and voting.
(b) If the senate is not in session, the governor shall
appoint the members and issue commissions to them as provided by
law, and their appointment shall be submitted to the next session of
the senate for its advice and consent in the manner that
appointments to fill vacancies under the constitution are submitted
to the senate.
(c) Three commission members must be members of the general
public and meet the qualifications provided by Section 11.0121 of
this code.
(d) In making appointments under this section, the governor
shall attempt to include persons with expertise in diverse fields,
including fields such as historic preservation, conservation, and
outdoor recreation.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, § 1, eff. June
19, 1983; Acts 1985, 69th Leg., ch. 267, art. 1, § 3, eff. Sept.
1, 1985; Acts 2001, 77th Leg., ch. 968, § 4, eff. Sept. 1, 2001.
§ 11.0121. QUALIFICATIONS. A person may not be a public
member of the commission if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of conservation, outdoor recreation,
or commercial fishing, unless the license is a noncommercial
hunting or fishing license or a license issued under Subchapter D,
Chapter 43;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the department;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the department;
or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the department other than
compensation or reimbursement authorized by law for commission
membership, attendance, or expenses.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 4, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 968, § 5, eff. Sept.
1, 2001.
§ 11.0122. CONFLICT OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined association of business or professional competitors in this
state designed to assist its members and its industry or profession
in dealing with mutual business or professional problems and in
promoting their common interest.
(b) A person may not be a member of the commission and may
not be a department employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.) and its subsequent amendments, if:
(1) the person is a paid or compensated officer,
employee, or paid consultant of a Texas trade association in the
field of conservation, outdoor recreation, or commercial fishing;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of
conservation, outdoor recreation, or commercial fishing.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 5, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 968, § 6, eff. Sept.
1, 2001.
§ 11.0123. LOBBYIST PROHIBITION. A person may not be a
member of the commission or act as the general counsel to the
commission or the department if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 6, eff. Sept. 1,
1985. Amended by Acts 1987, 70th Leg., ch. 167, § 2.19(23), eff.
Sept. 1, 1987; Acts 2001, 77th Leg., ch. 968, § 7, eff. Sept. 1,
2001.
§ 11.0124. DISCRIMINATION IN APPOINTMENTS
PROHIBITED. Appointments to the commission shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 7, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 968, § 8, eff. Sept.
1, 2001.
§ 11.0125. REMOVAL OF A COMMISSION MEMBER. (a) It is a
ground for removal from the commission that:
(1) a public member does not have at the time of taking
office the qualifications required by Section 11.0121;
(2) a public member does not maintain during service
on the commission the qualifications required by Section 11.0121;
(3) a member is ineligible for membership under
Section 11.012(c), 11.0122, or 11.0123;
(4) a member cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) a member is absent from more than half of the
regularly scheduled commission meetings that the member is eligible
to attend during a calendar year without an excuse approved by a
majority vote of the commission.
(b) The validity of an action of the commission is not
affected by the fact that it is taken when a ground for removal of a
commission member exists.
(c) If the director has knowledge that a potential ground
for removal exists, the director shall notify the presiding officer
of the commission of the potential ground. The presiding officer
shall then notify the governor and the attorney general that a
potential ground for removal exists. If the potential ground for
removal involves the presiding officer, the director shall notify
the next highest ranking officer of the commission, who shall then
notify the governor and the attorney general that a potential
ground for removal exists.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 8, eff. Sept. 1,
1985. Amended by Acts 2001, 77th Leg., ch. 968, § 9, eff. Sept.
1, 2001.
§ 11.0126. TRAINING PROGRAM FOR COMMISSION
MEMBERS. (a) A person who is appointed to and qualifies for
office as a member of the commission may not vote, deliberate, or be
counted as a member in attendance at a meeting of the commission
until the person completes a training program that complies with
this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the department and
the commission;
(2) the programs operated by the department;
(3) the role and functions of the department;
(4) the rules of the commission, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
department or the Texas Ethics Commission.
(c) A person appointed to the commission is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 968, § 10, eff. Sept. 1, 2001.
§ 11.0127. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
PROGRAM. The director or the director's designee shall provide to
agency employees information and training on the benefits and
methods of participation in the state employee incentive program
under Subchapter B, Chapter 2108, Government Code.
Added by Acts 2001, 77th Leg., ch. 968, § 11, eff. Sept. 1, 2001.
§ 11.013. TERMS. The members of the commission hold
office for staggered terms of six years, with the terms of three
members expiring every two years. Each member holds office until
his successor is appointed and has qualified. The terms expire on
January 31 of odd-numbered years.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, § 2, eff. June
19, 1983.
§ 11.014. PRESIDING OFFICER. (a) The governor shall
designate a member of the commission as the presiding officer of the
commission to serve in that capacity at the pleasure of the
governor.
(b) A vacancy in the office of presiding officer is filled
in the same manner as the original designation.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, § 3, eff. June
19, 1983; Acts 2001, 77th Leg., ch. 968, § 12, eff. Sept. 1,
2001.
§ 11.015. MEETINGS, QUORUM. (a) The commission may
meet as often as is necessary but shall meet at least once during
each quarter of the year. Five members constitute a quorum.
(b) The commission shall hold an annual public meeting to
receive public comments concerning any issue relating to the
commission's regulatory powers and duties.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 3180, ch. 543, § 4, eff. June
19, 1983; Acts 1985, 69th Leg., ch. 267, art. 1, § 9, eff. Sept.
1, 1985.
§ 11.0151. PUBLIC HEARINGS. (a) In this section,
"major decision" means a decision in which a vote is taken on:
(1) a rule;
(2) a proclamation;
(3) a contract;
(4) a budget;
(5) a grant;
(6) a development plan for a geographical area managed
by the department;
(7) a memorandum of understanding with another
governmental entity; or
(8) any other issue as determined by the commission.
(b) The commission shall develop and implement policies
that will provide the public with a reasonable opportunity to
appear before the commission and to speak on any issue under the
jurisdiction of the commission.
(c) The commission, or any committee of the commission with
at least five commission members serving on the committee, shall
provide an opportunity for public testimony in an open meeting
before making a major decision.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 10, eff. Sept.
1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 13, eff.
Sept. 1, 2001.
§ 11.016. EXPENSES, PER DIEM. Members of the commission
are entitled to reimbursement for their actual expenses incurred in
attending meetings and to the per diem as provided in the general
appropriations act.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 11.0161. NOTIFICATION OF COMMISSION ACTIVITIES;
COMPLAINTS. (a) The commission shall prepare information of
public interest describing the functions of the commission and
describing the commission's procedures by which complaints are
filed with and resolved by the commission. The commission shall
make the information available to the general public and
appropriate state agencies.
(b) The department shall maintain a file on each written
complaint filed with the department that the department has the
authority to resolve. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the
department;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the department closed the file without taking action other than
to investigate the complaint.
(c) The department shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the department's policies and procedures relating to
complaint investigation and resolution.
(d) The department, at least quarterly until final
disposition of the complaint, shall notify the person filing the
complaint and each person who is a subject of the complaint of the
status of the investigation unless the notice would jeopardize an
undercover investigation.
(e) The commission may adopt rules to define the types of
complaints to which this section applies.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 11, eff. Sept.
1, 1985. Amended by Acts 1997, 75th Leg., ch. 1256, § 130, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 968, § 14, eff. Sept. 1,
2001.
§ 11.0162. ADVISORY COMMITTEES TO COMMISSION. (a) The
presiding officer may appoint committees to advise the commission
on issues under its jurisdiction.
(b) The presiding officer may adopt rules that set the
membership, terms of service, qualifications, operating
procedures, and other standards to ensure the effectiveness of an
advisory committee appointed under this section.
Added by Acts 1999, 76th Leg., ch. 925, § 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 968, § 48, eff. Sept. 1,
2001.
§ 11.017. EXECUTIVE DIRECTOR. The commission may
appoint an executive director who is the chief executive officer of
the department and performs its administrative duties. The
director serves at the will of the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 11.0171. AUTHORITY TO CONTRACT. (a) Subject to
Section 12.0251, for the purpose of carrying out the powers,
duties, and responsibilities of the department, the executive
director, or the executive director's designee, may negotiate,
contract, or enter an agreement:
(1) with:
(A) the United States or any of its agencies;
(B) another state or a political subdivision of
another state or of this state; or
(C) a nonprofit organization for research and
field work; or
(2) for professional services relating to a project of
the department, including project management, design, bid, and
construction administration, consistent with Subchapter A, Chapter
2254, Government Code.
(b) The commission by rule shall adopt policies and
procedures consistent with applicable state procurement practices
for soliciting and awarding the contracts under this section.
Added by Acts 1999, 76th Leg., ch. 618, § 1, eff. Sept. 1, 1999.
§ 11.0172. LIMIT ON CONTRACTS FOR
PUBLICATIONS. (a) In this section:
(1) "Publication" includes the publication of a book,
magazine, photograph, poster, or bulletin.
(2) "Youth" means an individual younger than 17 years
of age.
(b) The department may not contract with a person regarding
a publication unless the contract provides the department the
authority to:
(1) terminate the contract for a violation of a rule
adopted under Subsection (c);
(2) retain final approval over the content of the
publication, including advertising; and
(3) request and receive an appropriate number of
copies of the publication that contain advertising that is
appropriate for viewing by youth.
(c) The commission shall adopt rules regarding the types of
advertising that are appropriate for viewing by youth.
Added by Acts 2001, 77th Leg., ch. 968, § 15, eff. Sept. 1, 2001.
§ 11.0173. PROHIBITION ON TOBACCO ADVERTISING. (a) In
this section, "publication" includes the publication of a book,
magazine, photograph, poster, or bulletin.
(b) The department may not accept an advertisement that
promotes the sale of tobacco in a publication sponsored or
published by the department.
Added by Acts 2001, 77th Leg., ch. 968, § 15, eff. Sept. 1, 2001.
§ 11.018. EMPLOYEES. The director may appoint heads of
divisions, law enforcement officers, park managers, and other
employees authorized by appropriations and necessary for
administering the duties and services of the department. These
employees serve at the will of the director.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 122, ch. 29, § 1, eff. April
19, 1983.
§ 11.0181. EMPLOYEES AS EDUCATORS AND OUTREACH
PROPONENTS. (a) Employees of the department through education
and outreach shall:
(1) expand the wise use and conservation of fish and
wildlife resources; and
(2) increase the participation in outdoor recreation,
including recreational activities in urban areas consistent with
the mission and goals of the department.
(b) The department may use money from any of the
department's special accounts to pay for education and outreach
activities performed by department employees or to provide grants
for education and outreach activities to be performed by other
entities.
(c) The department shall manage the outreach and education
activities performed under this section to ensure that the
activities:
(1) are consistent with the department's mission and
goals;
(2) do not duplicate other efforts by the department
or other entities;
(3) provide a cost-effective method for reaching
participants; and
(4) can be effectively measured.
Added by Acts 1997, 75th Leg., ch. 1256, § 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 968, § 16, eff. Sept. 1,
2001.
§ 11.0182. EMPLOYEE FUND-RAISING. (a) This section
applies only to the solicitation or receipt of a gift, including
money, that has a value of $500 or more.
(b) The commission by rule shall adopt policies to govern
fund-raising activities by department employees on behalf of the
department. The rules must:
(1) designate the types of employees who may solicit
donations;
(2) restrict where and how fund-raising may occur;
and
(3) establish requirements for reports by employees to
the director.
(c) The director shall approve and manage fund-raising
activities by department employees on behalf of the department in
accordance with commission rules.
(d) The state auditor may audit the fund-raising activities
performed under this section, subject to a risk assessment
performed by the state auditor and to the legislative audit
committee's approval of including the audit in the audit plan under
Section 321.013(c), Government Code. If the state auditor performs
an audit, the audit shall disclose who has engaged in fund-raising
activities for the department and the value of gifts each person has
received or solicited. The state auditor shall report the results
of the audit to the presiding officer of each house of the
legislature and of each committee having primary jurisdiction over
the department. Each member of the legislature may access the
report.
(e) Policies adopted by the commission under Subsection (b)
are public information under Chapter 552, Government Code.
Added by Acts 2001, 77th Leg., ch. 968, § 17, eff. Sept. 1, 2001.
Amended by Acts 2003, 78th Leg., ch. 785, § 74, eff. Sept. 1,
2003.
§ 11.019. EMPLOYEES AS PEACE OFFICERS. (a) The
director may commission as peace officers any of the employees
provided for in the general appropriations act.
(b) Law enforcement officers commissioned by the director
have the same powers, privileges, and immunities as peace officers
coextensive with the boundaries of this state.
(c) Law enforcement officers commissioned by the director
have the same authority as a sheriff to arrest, serve criminal or
civil process, and require aid in serving criminal or civil process
coextensive with the boundaries of this state.
(d) A law enforcement officer commissioned by the director
may arrest without a warrant any person in this state found in the
act of violating any law.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1983, 68th Leg., p. 122, ch. 29, § 2, eff. April
19, 1983.
§ 11.0191. ENFORCEMENT OF CODE. Law enforcement
officers commissioned by the director and any other peace officers
have the authority to enforce all provisions of this code.
Added by Acts 1983, 68th Leg., p. 123, ch. 29, § 3, eff. April 19,
1983.
§ 11.0192. PURCHASE OF BADGE BY RETIRING PEACE OFFICER
OR SURVIVOR. (a) A peace officer commissioned by the director who
is honorably retired from his commission by the department may
purchase for an amount set by the department, not to exceed fair
market value, one badge issued to the officer by the department.
The purchase must be made before the second anniversary of the date
of the officer's retirement.
(b) If a peace officer commissioned by the director dies
while commissioned, whether or not the death occurred in the
discharge of the officer's official duties as a peace officer, the
following persons, in descending order of precedence, may purchase
a badge issued to the officer under the same conditions imposed on a
purchase by a retiring officer by Subsection (a) of this section:
(1) the surviving spouse of the officer;
(2) any children of the officer; or
(3) the parents of the officer.
Added by Acts 1987, 70th Leg., ch. 763, § 1, eff. Aug. 31, 1987.
§ 11.020. DEPUTY GAME WARDENS. (a) The director may
commission deputy game wardens to serve at the will of the director.
Provided, however, that no deputy game warden commissioned under
this section may be commissioned for a period of longer than four
years. At the expiration of each four-year commission the deputy
game warden shall be eligible for recommission.
(b) The commission shall make regulations to govern the
qualifications, conduct, and duties of commissioned deputy game
wardens. The director shall implement an education course which
includes training in pertinent aspects of a game warden's duties.
Completion of this course shall be a prerequisite to any person
obtaining a commission as deputy game warden.
(c) A commissioned deputy game warden may enforce state laws
relating to hunting and fishing and to the preservation and
conservation of wildlife and marine animals. The department shall
prescribe the geographical area in which a deputy game warden may
operate, except that a deputy game warden may not operate on the
coastal waters, bays, or estuaries of this state. At all times when
any commissioned deputy game warden is on duty or is acting in an
official capacity he shall carry official identification and shall
wear an official badge which is clearly visible. A commissioned
deputy game warden must present his official identification to any
person he believes is violating this code before the deputy game
warden makes an investigation or arrest. A commissioned deputy
game warden shall purchase and wear at all times when on duty or
acting in an official capacity a uniform prescribed by the
department.
(d) A deputy game warden must file an oath and a bond in the
amount of $2,000 payable to the department at the time he receives
the commission.
(e) Commissioned deputy game wardens serve without
compensation from the state, but the department may expend
necessary funds to support and maintain this responsibility.
Added by Acts 1977, 65th Leg., p. 650, ch. 241, § 1, eff. May 25,
1977.
§ 11.0201. SPECIAL GAME WARDENS. (a) The director may
commission as a special game warden an honorably retired
commissioned game warden of the department.
(b) An applicant for a special game warden commission must
meet the minimum standards for licensing of a peace officer under
the rules adopted by the Commission on Law Enforcement Officer
Standards and Education.
(c) Except as provided by Subsection (d) of this section, a
special game warden is subject to the orders of the director for
special duty to the same extent as other law enforcement officers
commissioned under this subchapter.
(d) A special game warden may enforce only:
(1) provisions of this code;
(2) regulations promulgated by the commission;
(3) provisions of the Penal Code; and
(4) other state laws intended to protect life or
property, except a law that regulates the use of a motor vehicle on
state highways.
(e) The department may assign a special game warden for duty
in any area of the state, under the authority of the department's
supervisory personnel in that area.
(f) The director has authority over the law enforcement
activities of a special game warden regardless of whether the
special game warden is on active or inactive status.
(g) The commission by rule shall establish standards
governing the conduct and duties of special game wardens.
(h) Before the director may issue a special game warden
commission, the applicant must file an oath and a bond in the amount
of $2,500. The bond must be executed by a surety company authorized
to do business in this state, must indemnify all persons against
damages resulting from an unlawful act of the special game warden,
and must be payable to the department at the time the applicant
receives the commission.
(i) A special game warden commission expires on August 31 of
the second calendar year following the year in which the commission
is granted. At expiration of the commission, a special game warden
is eligible for recommission. A special game warden serves at the
will of the director.
(j) The commission by rule shall determine compensation for
the services of a special game warden. Compensation for a special
game warden may not exceed the actual value of the services rendered
by the special game warden.
Added by Acts 1991, 72nd Leg., ch. 212, § 1, eff. Sept. 1, 1991.
§ 11.021. INFORMATION CONCERNING QUALIFICATIONS AND
RESPONSIBILITIES. The director or the director's designee shall
provide to commission members and department employees, as often as
necessary, information regarding the requirements for office or
employment under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers or employees.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 12, eff. Sept.
1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 18, eff.
Sept. 1, 2001.
§ 11.022. EQUAL OPPORTUNITY EMPLOYMENT. (a) The
director or the director's designee shall prepare and maintain a
written policy statement that implements a program of equal
employment opportunity to ensure that all personnel decisions are
made without regard to race, color, disability, sex, religion, age,
or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the department to avoid the
unlawful employment practices described by Chapter 21, Labor Code;
and
(2) an analysis of the extent to which the composition
of the department's personnel is in accordance with state and
federal law and a description of reasonable methods to achieve
compliance with state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the state Commission on Human Rights
for compliance with Subsection (b); and
(3) filed with the governor's office.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 13, eff. Sept.
1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 19, eff.
Sept. 1, 2001.
§ 11.023. CAREER LADDER PROGRAM. The director or his
designee shall develop an intraagency career ladder program, one
part of which shall require the intraagency posting of all nonentry
level positions concurrently with any public posting.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 14, eff. Sept.
1, 1985.
§ 11.024. PERFORMANCE EVALUATIONS. The director or his
designee shall develop a system of annual performance evaluations
based on measurable job tasks. All merit pay for department
employees must be based on the system established under this
section.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 15, eff. Sept.
1, 1985.
§ 11.025. AUDIT. The financial transactions of the
department are subject to audit by the state auditor in accordance
with Chapter 321, Government Code.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 16, eff. Sept.
1, 1985. Amended by Acts 1989, 71st Leg., ch. 584, § 90, eff.
Sept. 1, 1989.
§ 11.0255. EVALUATION OF CONSTRUCTION
PROJECTS. (a) The department shall calculate the costs of each
department construction project as the project is completed.
(b) In calculating the costs under Subsection (a), the
department:
(1) shall consider both direct and indirect costs of
department employees who perform project tasks; and
(2) may use the cost accounting procedures and
instructions developed by the State Council on Competitive
Government under Section 2162.102, Government Code.
(c) On request, the State Council on Competitive Government
shall provide technical assistance to the department, including
assistance with the application of the council's cost accounting
procedures and instructions.
(d) Using the costs calculated under this section for
completed projects, the department shall evaluate the costs and
benefits of contracting with private entities or individuals to
manage proposed construction-related tasks or projects.
Added by Acts 2001, 77th Leg., ch. 968, § 20, eff. Sept. 1, 2001.
§ 11.026. GIFTS OF PROPERTY OR MONEY. (a) Except as
provided by Subsection (b), the department may accept gifts of
property or money in support of any department purpose authorized
in this code.
(b) The department may not accept a gift or other donation
from a person who holds a commercial license issued by the
department. For the purposes of this section, a license issued
under Subchapter D, Chapter 43, is not a commercial license.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 17, eff. Sept.
1, 1985. Amended by Acts 2001, 77th Leg., ch. 968, § 21, eff.
Sept. 1, 2001.
§ 11.0261. PROHIBITION AGAINST ACCEPTANCE OF GIFTS,
GRATUITIES, AND OTHER THINGS OF VALUE; EXCEPTION. (a) Except as
provided by Subsection (b), a person who is a member of the
commission or an employee of the department may not accept a gift,
gratuity, or other thing of value, including travel, from a person
who:
(1) is employed by or participates in the management
of a business entity or other organization that receives funds from
the department;
(2) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization that receives funds from the department;
(3) is a person a significant portion of whose
business consists of furnishing goods or services to an entity or
organization described by Subdivision (1) or (2); or
(4) is an agent, representative, attorney, employee,
officer, owner, director, or partner of an entity, organization, or
person described by Subdivision (1), (2), or (3).
(b) A department employee may accept reimbursement for
travel expenses from the official nonprofit partner designated by
the commission under Section 11.205 if:
(1) the employee has sufficiently documented the
expense; and
(2) the expense arose out of the performance of an
activity related to an employee's official duties regarding the
partner.
Added by Acts 1997, 75th Leg., ch. 1256, § 4, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 968, § 22, eff. Sept. 1,
2001.
§ 11.027. ESTABLISHMENT OF FEES; REVENUE. (a) In
setting the amounts of the fees authorized by this code, the
commission shall establish reasonable and necessary fees for the
administration of department programs but may not maintain
unnecessary fund balances.
(b) The commission by rule may establish and provide for the
collection of a fee to cover costs associated with the review of an
application for a permit required by this code.
(c) The department may sell any item in the possession of
the department in which the state has title, or acquire and resell
items if a profit can be made, to provide funding for programs
administered by the department.
(d) The commission may set and charge a fee for the use of a
credit card to pay a fee assessed by the department in an amount
reasonable and necessary to reimburse the department for the costs
involved in the use of the card. The department shall deposit the
money in the state treasury.
(e) The commission by rule may establish and provide for the
collection of a fee for entering, reserving, or using a facility or
property owned or managed by the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 18, eff. Sept.
1, 1985. Amended by Acts 1991, 72nd Leg., ch. 780, § 1, eff.
Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 447, § 1, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 1256, § 5, eff. Sept. 1, 1997.
§ 11.0271. PUBLIC HUNTING DRAWING; FEES. (a) The
department may conduct public drawings to select applicants for
public hunting privileges. The department may charge each person
who participates in the drawing a nonrefundable participation fee
in addition to any fee for issuing a hunting permit or license. The
participation fee shall be set by the commission in an amount
sufficient to pay the costs of operating the drawing.
(b) The commission may approve participation fees, not to
exceed $25 per species for each participant on an application, in
drawings for special hunting programs, packages, or events that
exceed the costs of operating the drawing only if the fees charged
are designated for use in the management and restoration efforts of
the specific wildlife program implementing each special hunting
program, package, or event.
Added by Acts 1993, 73rd Leg., ch. 635, § 1, eff. Sept. 1, 1993.
Amended by Acts 1995, 74th Leg., ch. 931, § 78, eff. June 16,
1995.
§ 11.0272. PUBLIC FISHING AND SPECIAL EVENTS DRAWING;
FEES. (a) The department may conduct public drawings to select
applicants for public fishing or other special events privileges.
The department may charge each person who participates in the
drawing a nonrefundable participation fee in addition to any fee
for issuing a permit or fishing license. The participation fee
shall be set by the commission in an amount sufficient to pay the
costs of operating the drawing.
(b) The commission may approve participation fees, not to
exceed $25 per species or event for each participant on an
application, in drawings for special fishing or other special
programs, packages, or events the costs of which exceed the costs of
operating the drawing only if the receipts from fees charged are
designated for use in the management and restoration efforts of the
specific fishery or resource program implementing each special
fishing or other special program, package, or event.
Added by Acts 1997, 75th Leg., ch. 1256, § 6, eff. Sept. 1, 1997.
§ 11.028. VOLUNTEER SERVICES. (a) The department may
use the services of volunteers to help carry out the duties and
responsibilities of the department, provided, however, that
volunteers shall not be used to enforce provisions of this code or
to carry out department duties and responsibilities on private
property unless the landowner has consented to the activity.
(b) The department may accept funds raised by a volunteer or
volunteer group to promote the work of the department and to help
carry out its duties and responsibilities. The department may use
the funds for the specific project or purpose for which the funds
are intended.
(c) The director may waive park entrance fees and facility
use fees for a volunteer to assist in the accomplishment of the
volunteer's service to the department.
(d) The executive director may expend funds appropriated to
the department from dedicated funding sources for:
(1) the establishment of an insurance program to
protect volunteers in the performance of volunteer service;
(2) recognition of the services of a volunteer or
volunteer groups.
(e) The commission shall authorize the administrator of a
state park to provide passes to the state park to members of
nonprofit youth groups who volunteer to help carry out the duties
and responsibilities of the department at the park. For purposes of
this subsection, "nonprofit youth group" means a nonprofit
organization that:
(1) is chartered as a national or statewide
organization;
(2) is organized and operated exclusively for youth
recreational or educational purposes and that includes, as part of
the group's program, components relating to:
(A) character development;
(B) citizenship training;
(C) physical and mental fitness; and
(D) prevention of drug abuse;
(3) has been in existence for at least 10 years; and
(4) has a membership of which at least 65 percent are
younger than 22 years of age.
Added by Acts 1991, 72nd Leg., ch. 910, § 1, eff. Sept. 1, 1991.
Amended by Acts 1999, 76th Leg., ch. 257, § 1, eff. May 28, 1999.
§ 11.029. ADMINISTRATION OF OATHS. Employees of the
department who are designated as provided by the commission may
administer oaths in connection with the permitting, licensing, and
other functions of the department.
Added by Acts 1991, 72nd Leg., ch. 192, § 1, eff. Sept. 1, 1991.
Renumbered from § 11.028 by Acts 1991, 72nd Leg., 1st C.S., ch.
14, § 8.01(20), eff. Nov. 12, 1991.
§ 11.030. DISCLOSURE OF PERSONAL CUSTOMER
INFORMATION. (a) The name and address and a telephone, social
security, driver's license, bank account, credit card, or charge
card number of a person who purchases customer products, licenses,
or services from the department may not be disclosed except as
authorized under this section or Section 12.0251.
(b) Chapter 552, Government Code, does not apply to customer
information described by Subsection (a).
(c) The commission by rule shall adopt policies relating to:
(1) the release of the customer information;
(2) the use of the customer information by the
department; and
(3) the sale of a mailing list consisting of the names
and addresses of persons who purchase customer products, licenses,
or services.
(d) The commission shall include in its policies a method
for a person by request to exclude information about the person from
a mailing list sold by the department.
(e) The commission or department may disclose customer
information to a federal or state law enforcement agency if the
agency provides a lawfully issued subpoena.
(f) The department and its officers and employees are immune
from civil liability for an unintentional violation of this
section.
(g) In this section, a reference to the department includes
a reference to an agent of the department.
Added by Acts 1995, 74th Leg., ch. 519, § 1, eff. Aug. 28, 1995.
SUBCHAPTER C. SPECIAL ACCOUNTS
§ 11.031. GAME, FISH, AND WATER SAFETY ACCOUNT. There
is in the state treasury an account called the "game, fish, and
water safety account."
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 546, ch. 260, art. 1, § 1,
eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 679, § 1, eff.
Sept. 1, 1993.
§ 11.032. GAME, FISH, AND WATER SAFETY ACCOUNT;
SOURCES. (a) The game, fish, and water safety account is a
separate account in the general revenue fund.
(b) The department shall deposit to the credit of the game,
fish, and water safety account all revenue, less allowable costs,
from the following sources:
(1) all types of fishing licenses and stamps and
shrimping licenses, except as provided by Section 77.120;
(2) all types of hunting licenses and stamps;
(3) trapping licenses and other licenses relating to
the taking, propagation, and sale of fur-bearing animals or their
pelts;
(4) sale of marl, sand, gravel, shell, and mudshell;
(5) oyster bed rentals and permits;
(6) federal funds received for fish and wildlife
research, management, development and conservation, resource
protection, and law enforcement, unless the funds are received for
the specific purposes of Subchapter F, Chapter 77 ;
(7) sale of property, less advertising costs,
purchased from this account or a special fund or account that is now
part of this account;
(8) fines and penalties collected for violations of a
law pertaining to the protection and conservation of wild birds,
wild fowl, wild animals, fish, shrimp, oysters, game birds and
animals, fur-bearing animals, alligators, and any other wildlife
resources of this state;
(9) sale of rough fish by the department;
(10) fees for importation permits;
(11) fees from supplying fish for or placing fish in
water located on private property;
(12) sale of seized pelts;
(13) sale or lease of grazing rights to and the
products from game preserves, sanctuaries, and management areas;
(14) contracts for the removal of fur-bearing animals
and reptiles from wildlife management areas;
(15) vessel registration fees;
(16) vessel manufacturer or dealer licensing fees;
(17) fines or penalties imposed by a court for
violation of water safety laws contained in Chapter 31 of this code;
(18) alligator hunter's or alligator buyer's licenses;
(19) sale of alligators or any part of an alligator by
the department;
(20) fees and revenue collected under Section
11.027(b) or (c) of this code that are associated with the
conservation of fish and wildlife;
(21) any other source provided by law; and
(22) vessel and outboard motor titling fees.
(c) Not later than the 10th day of each month the department
shall transfer 15 percent of all amounts collected during the
previous month from sources described by Subsection (b)(15), (16),
or (22) to the state parks account.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 546, ch. 260, art. 1, § 1,
eff. Sept. 1, 1979; Acts 1981, 67th Leg., p. 439, ch. 184, § 3,
eff. Aug. 31, 1981; Acts 1985, 69th Leg., ch. 640, § 2, eff. Jan.
1, 1986; Acts 1989, 71st Leg., ch. 637, § 6, eff. Sept. 1, 1989;
Acts 1991, 72nd Leg., ch. 780, § 2, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 339, § 2, eff. June 8, 1995; Acts 2003, 78th Leg.,
ch. 200, § 7(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
667, § 1, eff. Sept. 1, 2003.
§ 11.033. USE OF GAME, FISH, AND WATER SAFETY
ACCOUNT. (a) To the extent allowed by federal law, money in the
game, fish, and water safety account may be used for the following
purposes:
(1) enforcement of fish, shrimp, and oyster laws, game
laws, and laws pertaining to sand, shell, and gravel;
(2) dissemination of information pertaining to marine
life, wild animal life, wildlife values, and wildlife management;
(3) scientific investigation and survey of marine life
for the better protection and conservation of marine life;
(4) establishment and maintenance of fish hatcheries,
fish sanctuaries, tidal water fish passes, wildlife management
areas, and public hunting grounds;
(5) propagation and distribution of marine life, game
animals, and wild birds;
(6) protection of wild birds, fish, and game;
(7) purchase, repair, and operation of boats and
dredges;
(8) research, management, and protection of the fish
and wildlife resources of this state, including alligators and
fur-bearing animals;
(9) salaries of employees and other expenses necessary
to carry out the duties of the department under laws relating to
fish, shrimp, oysters, game, water safety, and sand, shell, and
gravel;
(10) expansion and development of additional
opportunities of hunting and fishing in state-owned land and water;
(11) removing rough fish from public water;
(12) administration and enforcement of the water
safety laws as set out in Chapter 31;
(13) purchasing all necessary forms and supplies,
including reimbursement of the department for any material produced
by its existing facilities or work performed by other divisions of
the department;
(14) purchase, construction, and maintenance of boat
ramps on or near public waters as provided in Chapter 31;
(15) resource protection activities; and
(16) any other use provided by law.
(b) The department may use money from license fees paid by
hunters and fishermen only for those functions required to manage
the fish and wildlife resources of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 547, ch. 260, art. 1, § 1,
eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 1157, ch. 261, § 1,
eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 267, art. 1, § 19,
eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 1, eff.
Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1256, § 7, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 968, § 23, eff. Sept. 1, 2001.
§ 11.034. GAME, FISH, AND WATER SAFETY ACCOUNT
EXPENDITURES. All expenditures of the department from the game,
fish, and water safety account must be approved by the director.
The comptroller shall draw a warrant on the state treasury from the
game, fish, and water safety account for the amount of the
expenditure in favor of the person claiming the expenditure.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1979, 66th Leg., p. 546, ch. 260, art. 1, § 1,
eff. Sept. 1, 1979; Acts 1993, 73rd Leg., ch. 679, § 1, eff.
Sept. 1, 1993.
§ 11.035. STATE PARKS ACCOUNT. (a) The state parks
account is a separate account in the general revenue fund.
(b) The department shall deposit to the credit of the state
parks account all revenue, less allowable costs, received from the
following sources:
(1) grants or operation of concessions in state parks
or fishing piers;
(2) publications on state parks, state historic sites,
or state scientific areas;
(3) fines or penalties received from violations of
regulations governing parks issued pursuant to Subchapter B,
Chapter 13, of this code;
(4) fees and revenue collected under Section 11.027(b)
or (c) of this code that are associated with state park lands;
(5) $1,125,000 per month and 40 percent of the amount
above $27 million per year of credits made to the department under
Section 151.801, Tax Code; and
(6) any other source provided by law.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1991, 72nd Leg., ch. 780, § 3, eff. Sept. 1,
1991; Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
§ 11.037. STATE LAND AND WATER CONSERVATION
ACCOUNT. (a) The state land and water conservation account is a
separate account in the general revenue fund.
(b) The department shall deposit in the state land and water
conservation account all revenue received from the federal
government or any other source for the purpose of administering
programs authorized under Sections 13.301 through 13.311 of this
code.
(c) The state land and water conservation account may be
used for paying the cost of planning, acquisition, operation, and
development of outdoor recreation and conservation resources of the
state and the administrative expenses incident to the projects or
programs authorized under Sections 13.301 through 13.311 of this
code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1,
1993.
§ 11.038. OPERATING ACCOUNT. (a) The parks and
wildlife operating account is a separate account in the general
revenue fund.
(b) The commission may transfer any funds appropriated to
the department for personal services, travel, consumable supplies
and materials, current operating expenses, and capital outlay, as
these terms are used in the comptroller's object classification
codes of the general appropriations act. All expenditures by the
department from this account shall be made only for the purposes for
which appropriations are made in the general appropriations act.
(c) The parks and wildlife operating account shall be used
for the purposes specified by law and nothing may be done by any
officer or employee of the department or commission to divert or
jeopardize the account or any portion of the account, including any
federal aid the department receives or administers.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1,
1993.
§ 11.040. MISTAKEN DEPOSIT. (a) Any funds deposited
in the state treasury by the department by mistake of fact or
mistake of law shall be refunded by warrant issued against the fund
and credited against the account in the state treasury into which
the money was deposited. Refunds necessary to make the proper
correction shall be appropriated by the general appropriations act.
(b) The comptroller may require written evidence from the
director of the department to indicate the reason for the mistake of
fact or law before issuing the refund warrant authorized in
Subsection (a) of this section.
(c) This section does not apply to any funds that have been
deposited under a written contract or to any funds on deposit as of
June 8, 1971, which are the subject of litigation in any of the
courts of this state or the United States.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1,
1993.
§ 11.041. TRANSFER OF PROPERTY. (a) The commission
may transfer tangible property, other than money or real estate
held for limited purposes, from one division of the department to
another division.
(b) If the property to be transferred was acquired with
funds the use of which is limited by law or dedicated in any other
manner, and the prospective use of the property is different from
the use allowed by law, the department shall transfer from
available funds to the fund or account from which the property was
acquired the value of the property at the time of the transfer.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1,
1993.
§ 11.042. FUNDS DEPOSITED IN TREASURY. All money paid
to the department under this code or allocated to the department
under Section 151.801, Tax Code, other than money received under
Subchapter C, Chapter 12, or Chapter 21 of this code, shall be
deposited in the State Treasury and may be used only for the
administration of this code.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 20, eff. Sept.
1, 1985. Amended by Acts 1993, 73rd Leg., ch. 679, § 1, eff.
Sept. 1, 1993.
§ 11.043. TEXAS PARKS AND WILDLIFE CONSERVATION AND
CAPITAL ACCOUNT. (a) The Texas parks and wildlife conservation
and capital account is a separate account in the general revenue
fund.
(b) The account consists of the amount of credits made to
the department under Section 151.801, Tax Code, after allocations
to the state parks account and the Texas recreation and parks
account, proceeds of revenue bonds issued under Section 13.0045, or
any other source authorized by law.
(c) Except as provided by Subsection (d), money in the
account may be spent only for acquisition and development,
maintenance, or operation of parks, fisheries, and wildlife
projects that have been individually approved by the commission.
Projects that directly provide hunting, fishing, or outdoor
recreation opportunity to the public shall be given preference for
funding under this section. Approved projects may include:
(1) acquiring land or facilities for use in any
department program;
(2) developing and improving any land or facility
owned or controlled by the department;
(3) servicing the debt on Texas park development bonds
issued under Article III, Section 49-e, of the Texas Constitution
or any other bonds issued for parks, fisheries, or wildlife
projects;
(4) local park grants in Chapter 24 of this code;
(5) initiating or participating in partnerships to
enhance conservation of historical, cultural, or natural
resources;
(6) operational and maintenance costs in association
with any parks, fisheries, wildlife projects, or department law
enforcement efforts in support of this code; and
(7) meeting the requirements for providing matching
money for any federal grants for parks, fisheries, or wildlife
projects.
(d) The proceeds of bonds issued under Section 13.0045 and
deposited to the account may be spent to finance parks and wildlife
projects, including the repair, renovation, improvement, and
equipping of parks and wildlife facilities.
(e) The comptroller may invest money in the account.
Added by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
Amended by Acts 1997, 75th Leg., ch. 902, § 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1423, § 17.01, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1502, § 1, eff. Sept. 1, 1999.
§ 11.044. DISPOSITION OF INTEREST ON
INVESTMENTS. (a) Interest received from the investment of money
in all accounts of the department in charge of the comptroller shall
be allocated monthly to each account in an amount proportionate to
the amount of money invested from the account.
(b) The comptroller may retain from the interest to be
allocated monthly an amount equal to the necessary administrative
costs of making the allocations.
Added by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1423, § 17.02, eff. Sept. 1,
1997.
§ 11.045. APPLICATION OF OTHER LAW. Section 403.095,
Government Code, does not apply to revenues accruing to an account
established under this chapter.
Added by Acts 1993, 73rd Leg., ch. 679, § 1, eff. Sept. 1, 1993.
SUBCHAPTER D. SPECIAL NONGAME AND ENDANGERED SPECIES CONSERVATION
ACCOUNT
§ 11.051. DEFINITIONS. In this subchapter:
(1) "Nongame" means those species of vertebrate and
invertebrate wildlife that are not classified as game animals, game
birds, game fish, fur-bearing animals, endangered species,
alligators, marine penaeid shrimp, or oysters.
(2) "Endangered species" means those species listed as
provided by Section 68.002 of this code.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June
16, 1983.
§ 11.052. SPECIAL NONGAME AND ENDANGERED SPECIES
CONSERVATION ACCOUNT. The special nongame and endangered species
conservation account is a separate account in the general revenue
fund.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June
16, 1983. Amended by Acts 1993, 73rd Leg., ch. 679, § 3, eff.
Sept. 1, 1993.
§ 11.053. SOURCES OF ACCOUNT. (a) The department
shall deposit to the credit of the special nongame and endangered
species conservation account all money received from:
(1) private contributions, grants, and donations made
to the special nongame and endangered species conservation account;
(2) the net proceeds from the sale under this chapter
of wildlife art prints, decals, and stamps;
(3) interest income from the investment of money
collected under this section; and
(4) income from entrance fees, easements, mineral
leases, grazing leases, and sale of products from lands purchased
with funds from the special nongame and endangered species
conservation account.
(b) The department may accept private contributions,
grants, and donations made to the special nongame and endangered
species conservation account.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June
16, 1983. Amended by Acts 1993, 73rd Leg., ch. 679, § 4, eff.
Sept. 1, 1993.
§ 11.054. USES OF ACCOUNT. (a) Money in the special
nongame and endangered species conservation account may be used for
the following purposes:
(1) dissemination of information pertaining to
nongame and endangered species conservation, management, and
values;
(2) scientific investigation and survey of nongame and
endangered species for better protection and conservation;
(3) propagation, distribution, protection, and
restoration of nongame and endangered species;
(4) research and management of nongame and endangered
species;
(5) development of habitats for nongame and endangered
species;
(6) acquisition of habitats for nongame and endangered
species; and
(7) matching of funds available to the department
under federal programs for projects and activities authorized under
this section.
(b) Appropriations from the special nongame and endangered
species conservation account are supplemental, and other accounts
may be appropriated for the purposes for which the fund was
established.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June
16, 1983. Amended by Acts 1993, 73rd Leg., ch. 679, § 5, eff.
Sept. 1, 1993.
§ 11.055. WILDLIFE ART PRINTS, DECALS, AND
STAMPS. (a) The commission may contract with and pay a person for
designing and producing the wildlife art prints, decals, and stamps
authorized by this subchapter.
(b) The commission may authorize an agent, including a
nonprofit wildlife conservation organization, to sell the wildlife
art prints, decals, and stamps, and shall provide for the
widespread availability of those items to the public.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June
16, 1983.
§ 11.056. COSTS OF WILDLIFE ART PRINTS, DECALS, AND
STAMPS. (a) The price of a wildlife art decal or stamp sold under
this subchapter is $5.00 or an amount set by the commission,
whichever amount is more. The department may issue other editions
of the stamp and decal at amounts set by the commission.
(b) The department shall establish the royalty and a
reasonable price to be paid for a wildlife art print sold under this
subchapter.
(c) Repealed by Acts 1995, 74th Leg., ch. 931, § 80, eff.
June 16, 1995.
Added by Acts 1983, 68th Leg., p. 1751, ch. 340, § 1, eff. June
16, 1983. Amended by Acts 1995, 74th Leg., ch. 931, § 1, 80, eff.
June 16, 1995.
SUBCHAPTER E. LIFETIME LICENSE ENDOWMENT ACCOUNT
§ 11.061. LIFETIME LICENSE ENDOWMENT ACCOUNT. The
lifetime license endowment account is a separate account in the
general revenue fund.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 21, eff. Sept.
1, 1986. Amended by Acts 1993, 73rd Leg., ch. 679, § 6, eff.
Sept. 1, 1993.
§ 11.062. SOURCES OF ACCOUNT. (a) The department
shall deposit to the credit of the lifetime license endowment
account all money received from:
(1) lifetime hunting, fishing, or combination
licenses;
(2) private contributions, grants, and donations made
for purposes of this subchapter;
(3) interest income from the investment of money
collected under this section; and
(4) any other source provided by law.
(b) The department may accept private contributions,
grants, and donations made to the lifetime license endowment
account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 21, eff. Sept.
1, 1986. Amended by Acts 1993, 73rd Leg., ch. 679, § 6, eff.
Sept. 1, 1993.
§ 11.063. USES OF ACCOUNT. Interest earned on the
lifetime license endowment account may be used only to:
(1) acquire public hunting and fishing areas; and
(2) develop, manage, and repair public hunting and
fishing areas.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 21, eff. Sept.
1, 1986. Amended by Acts 1993, 73rd Leg., ch. 679, § 6, eff.
Sept. 1, 1993.
§ 11.064. RESTRICTIONS. No expenditures shall be made
from the principal of the lifetime license endowment account except
as provided by law.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 21, eff. Sept.
1, 1986. Amended by Acts 1993, 73rd Leg., ch. 679, § 6, eff.
Sept. 1, 1993.
§ 11.065. INVESTMENTS. The commission shall adopt
rules for the investment of the lifetime license endowment account.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 21, eff. Sept.
1, 1986. Amended by Acts 1993, 73rd Leg., ch. 679, § 6, eff.
Sept. 1, 1993.
SUBCHAPTER F. REGULATION OF MINERAL RECOVERY OPERATIONS ON
DEPARTMENT LANDS
§ 11.071. REGULATION OF MINERAL RECOVERY
OPERATIONS. The commission may regulate the use of department
lands for oil, gas, and other mineral recovery and associated
activities as the commission considers reasonable and necessary to
protect the surface estate of department lands or to protect human
health or property. Department lands include state parks, wildlife
management areas, and natural areas.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 22, eff. Sept.
1, 1985.
§ 11.072. ENFORCEMENT. (a) If a person has violated,
is violating, or is threatening to violate a regulation adopted
under this subchapter, the director may have a civil suit brought in
a district court for injunctive relief, for assessment and recovery
of a civil penalty of not less than $100 for each act of violation,
or for both injunctive relief and a civil penalty.
(b) A suit under this subchapter shall be brought in the
name of the department through the attorney general.
(c) Reasonable attorney's fees shall also be recoverable,
with reimbursement to the operating fund or account from which the
expenditure occurred.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 22, eff. Sept.
1, 1985. Amended by Acts 1993, 73rd Leg., ch. 679, § 7, eff.
Sept. 1, 1993.
§ 11.073. DISPOSITION OF CIVIL PENALTIES. All civil
penalties recovered in suits under this subchapter shall be paid to
the appropriate fund or account of the department.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 22, eff. Sept.
1, 1985. Amended by Acts 1993, 73rd Leg., ch. 679, § 8, eff.
Sept. 1, 1993.
§ 11.074. EFFECT ON OTHER LAWS. This subchapter does
not affect the regulatory authority of the Railroad Commission of
Texas.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 22, eff. Sept.
1, 1985.
SUBCHAPTER G. AQUATIC VEGETATION MANAGEMENT
§ 11.081. DEFINITIONS. In this subchapter:
(1) "Governing entity" means the state agency or other
political subdivision with jurisdiction over a public body of
surface water.
(2) "Integrated pest management" means the
coordinated use of pest and environmental information and pest
control methods to prevent unacceptable levels of pest damage by
the most economical means and in a manner that will cause the least
possible hazard to persons, property, and the environment.
(3) "Local plan" means a local aquatic vegetation
management plan authorized by Section 11.083.
(4) "Public body of surface water" means any body of
surface water that is not used exclusively for an agricultural
purpose. The term does not include impounded water on private
property.
(5) "State plan" means the state aquatic vegetation
management plan authorized by Section 11.082 and developed and
implemented under this subchapter.
(6) "Water district" means a conservation and
reclamation district or an authority created under authority of
Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
Texas Constitution, that has jurisdiction over a public body of
surface water. The term does not include a navigation district or a
port authority.
Added by Acts 1999, 76th Leg., ch. 1461, § 1.
§ 11.082. STATE AQUATIC VEGETATION MANAGEMENT
PLAN. (a) The department shall develop and by rule adopt a state
aquatic vegetation management plan following the generally
accepted principles of integrated pest management. The state plan
shall apply throughout the state unless a governmental entity has
adopted an approved local plan.
(b) The department shall develop the state plan in
coordination with the Texas Natural Resource Conservation
Commission, the Department of Agriculture, water districts and
other political subdivisions of the state with jurisdiction over
public bodies of surface water, and public drinking water
providers.
(c) The state plan must:
(1) establish minimum standards for a governing entity
that regulates a public body of surface water;
(2) require that any application of aquatic herbicide
complies with label rates approved by the United States
Environmental Protection Agency;
(3) ensure that any public drinking water provider
that has an intake within two river miles of a site at which an
application of aquatic herbicide is proposed to occur receives
notice of the proposed application not later than the 14th day
before the date the application is to occur;
(4) provide for the coordination, oversight, public
notification, and enforcement of all aquatic herbicide use to
protect state fish and wildlife resources and habitat and to
prevent unreasonable risk from the use of any aquatic herbicide;
and
(5) require that the written notice of a proposed
application of herbicide include information demonstrating that
the proposed application of herbicide under a plan will not result
in exceeding:
(A) the maximum contaminant level of the
herbicide in finished drinking water as set by the Texas Natural
Resource Conservation Commission and the United States
Environmental Protection Agency; or
(B) the maximum label rate, if the aquatic
herbicide does not have a maximum contaminant level established by
the Texas Natural Resource Conservation Commission and the United
States Environmental Protection Agency.
(d) In administering the state plan, the department shall
consult with, advise, provide resources to, and otherwise assist
local governments regarding aquatic vegetation management and
control. In this subsection, "local government" includes any
political subdivision with jurisdiction over a public body of
surface water.
Added by Acts 1999, 76th Leg., ch. 1461, § 1. Amended by Acts
2001, 77th Leg., ch. 968, § 24, eff. Sept. 1, 2001.
§ 11.083. LOCAL AQUATIC VEGETATION MANAGEMENT PLAN.
Text of section effective upon notice of adoption of aquatic
vegetation management plan
(a) A governing entity may develop and adopt a local aquatic
vegetation management plan. A local plan must be approved by the
department, the Texas Natural Resource Conservation Commission,
and the Department of Agriculture.
(b) A local plan may take into account the particular needs
and uses of the public bodies of surface water to which it will
apply, but the plan may not be approved unless the plan meets the
minimum standards set by the state plan. The local plan may allow
herbicide use if the person proposing to apply the herbicide
notifies the governing entity not later than the 14th day before the
proposed date of application.
Added by Acts 1999, 76th Leg., ch. 1461, § 1.
§ 11.084. APPLICATION OF AQUATIC HERBICIDE IN PUBLIC
BODY OF SURFACE WATER.
Text of section effective upon notice of adoption of aquatic
vegetation management plan
(a) No person may apply aquatic herbicide in a public body
of surface water unless the herbicide is applied in a manner
consistent with the plan adopted by the governing entity.
(b) State money may not be used to pay for treatment of a
public body of surface water with a chemical herbicide unless the
application of the herbicide is performed by an applicator licensed
for aquatic herbicide application by the Department of Agriculture.
(c) An individual who does not hold an applicator's license
and who desires to apply an aquatic herbicide on a public body of
surface water shall give written notice not later than the 14th day
before the date the application of the aquatic herbicide is to occur
to the governing entity with jurisdiction over the body of water on
which the application of the herbicide is proposed. The governing
entity shall respond to the individual's application not later than
the day before the date the application of the aquatic herbicide is
to occur. The individual may not apply the aquatic herbicide unless
the governing entity finds that the application will be consistent
with the state or local plan adopted by the entity.
(d) The state plan may provide for use of an aquatic
herbicide consistent with the plan if:
(1) the individual who desires to apply the aquatic
herbicide gives notice to the appropriate governing entity in the
same manner as provided by Subsection (c) for an unlicensed
applicator; and
(2) the governing entity does not disapprove the
application.
(e) After receiving notice of a proposed application of
aquatic herbicide, the governing entity shall:
(1) provide the individual proposing the application
with a copy of the state or local plan, as appropriate;
(2) notify the individual in writing that it is a
violation of state law to apply aquatic herbicides in that body of
water in a manner inconsistent with the plan; and
(3) determine whether the proposed application is
consistent with the plan.
(f) The governing entity shall:
(1) prohibit a proposed application of aquatic
herbicide if the governing entity finds that the proposed
application is inconsistent with the appropriate plan; or
(2) notify the individual proposing the application of
the herbicide that the proposed application is not inconsistent
with the appropriate plan if the governing entity finds that the
proposed application is not inconsistent with the plan.
Added by Acts 1999, 76th Leg., ch. 1461, § 1.
§ 11.085. LIABILITY.
Text of section effective upon notice of adoption of aquatic
vegetation management plan
(a) The liability under other law of a governing entity that
receives notice of a proposed application of aquatic herbicide is
not affected by the requirements of this subchapter.
(b) Notice by a governing entity to an individual under
Section 11.084(f)(2) does not constitute authorization by that
entity for the application of the herbicide.
(c) This subchapter does not relieve an individual who
applies aquatic herbicide to a public body of surface water of the
obligation to comply with all applicable federal, state, or local
laws, rules, ordinances, or orders relating to the application of
the herbicide in the body of water.
Added by Acts 1999, 76th Leg., ch. 1461, § 1.
§ 11.086. RECORDS.
Text of section effective upon notice of adoption of aquatic
vegetation management plan
A governing entity shall maintain for not less than five
years all records relating to notifications received under Section
11.084 and any other information relevant to a particular
individual request for shoreline treatment.
Added by Acts 1999, 76th Leg., ch. 1461, § 1.
SUBCHAPTER H. LAND AND WATER RESOURCES CONSERVATION PLAN
§ 11.101. DEFINITION. In this subchapter,
"conservation" includes the conservation of historical, natural,
recreational, and wildlife resources.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
§ 11.102. PLAN APPROVAL; HEARING REQUIRED. (a) The
department must obtain approval from the commission for each
development plan required by statute for a geographical area
managed by the department.
(b) The commission shall hold a hearing on approval of the
plan.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
§ 11.103. INVENTORY. (a) The department shall
inventory all land and water associated with historical, natural,
recreational, and wildlife resources in this state that are owned
by:
(1) governmental entities; or
(2) nonprofit entities that offer access to the land
or water to the public.
(b) The department shall use existing inventory information
concerning the lands identified in Subsection (a)(1) whenever
possible.
(c) The department shall create a permanent database of the
resources inventoried under Subsection (a). At least once every 10
years, the department shall update the database as necessary to
reflect changes in the resources.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
§ 11.104. LAND AND WATER RESOURCES CONSERVATION AND
RECREATION PLAN. (a) Using the inventory prepared under Section
11.103, the department shall:
(1) analyze the state's existing and future land and
water conservation and recreation needs;
(2) identify threatened land and water resources in
this state; and
(3) establish the relative importance for
conservation purposes of particular resources listed in the
inventory.
(b) The inclusion of a specific parcel of land in the
inventory does not create any additional right of public access to
that land.
(c) Based on the analysis made under Subsection (a), the
department shall prepare a land and water resources conservation
and recreation plan. The plan must include criteria for
determining how to meet the state's conservation and recreation
needs. The department shall revise the plan as necessary to reflect
changes in the inventory developed under Section 11.103.
(d) The department shall modify any existing plans
regarding parks and wildlife management areas to make the existing
plans consistent with the land and water resources conservation and
recreation plan developed under this section.
(e) The department shall base its decisions regarding the
state's conservation needs on the criteria developed in the plan,
including decisions relating to:
(1) the acquisition of new resources for the
conservation and recreation purposes of the department;
(2) the divestiture of existing department-owned
resources;
(3) department grants to local parks;
(4) department cooperation with private conservation
organizations and landowners, including associations of
landowners; and
(5) other major land conservation operations of the
department.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
§ 11.105. COORDINATION OF CONSERVATION AND RECREATION
OPERATIONS. The department shall:
(1) consider all resources listed in the inventory
prepared under Section 11.103 in conjunction with each other;
(2) coordinate department activities related to those
resources internally and with similar activities of other
governmental or nonprofit entities; and
(3) set priorities for department activities related
to those resources according to the most vital existing and future
needs for conservation and recreation.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
§ 11.106. EXEMPTIONS. Section 11.104 does not apply to:
(1) property that is part of a fund created or
specifically authorized by the constitution of this state that is
administered by or with the assistance of the School Land Board or
the General Land Office; or
(2) land, water, or property owned by the permanent
university fund or any other land, water, or property owned by,
administered by, or held for the use and benefit of an institution
of higher education, as that term is defined in Section 61.003,
Education Code.
Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. Sept. 1, 2001.
SUBCHAPTER I. STATEWIDE COMMERCIAL PROJECTS
§ 11.151. DEFINITION. In this subchapter, "statewide
commercial project" means a commercial venture undertaken by the
department throughout the state, including promotions, sales, or
other activities to raise money for the department. The term does
not include a promotion or sale undertaken solely at one site.
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
§ 11.152. BUSINESS PLANS. Each business plan developed
under this subchapter must include:
(1) a description of the product or service provided;
(2) an analysis of the information necessary for
persons to make decisions on the project;
(3) an analysis of the personnel necessary to manage
and implement the project;
(4) financial data, including both past performance
and a budget and goals for future performance; and
(5) a list of the resources necessary for a successful
project.
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
§ 11.153. DEPARTMENT PLAN: OPERATIONAL
STRATEGIES. (a) The department shall develop an agency-wide
business plan to guide its overall operational strategies for
statewide commercial projects. The plan must:
(1) use the plans prepared under Section 11.154 for
each project;
(2) evaluate the efficiency of existing projects;
(3) consider or propose changes to any project
necessary to meet the department's overall goals;
(4) compare each project's services and products to
similar services and products available from the private sector;
(5) seek to increase savings and improve customer
service on each project;
(6) coordinate existing projects to avoid duplication
and focus resources on the most efficient and effective projects;
and
(7) assess the potential for contracting with a
private entity or individual to perform department functions
relating to specific projects.
(b) The department shall use the services of the State
Council on Competitive Government, where appropriate, in
fulfilling the department's duties under Subsection (a)(7).
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
§ 11.154. INDIVIDUAL PROJECT PLANS. (a) The
department shall develop a business plan for each statewide
commercial project. The plan must contain:
(1) an accurate accounting for all project costs,
including personnel and overhead costs; and
(2) reasonable projections of project income.
(b) The director shall review the plan for each project at
least annually to assess the overall performance and value of the
project.
(c) The department may modify a plan as necessary to meet
changing conditions.
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
§ 11.155. ADJUSTMENT OR TERMINATION OF PROJECT FOR
FAILURE TO MEET FINANCIAL OBJECTIVES. (a) Except as provided by
Subsection (b), the department shall adjust or terminate a
statewide commercial project that fails to meet the financial
objectives stated in the project's plan.
(b) This section does not apply if the department determines
that the project possesses a positive public relations value or
fulfills a useful educational purpose.
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
§ 11.156. CONTRACT WITH PRIVATE SECTOR. The department
shall consider contracting out all or part of a statewide
commercial project to a private entity or individual, including a
nonprofit entity or individual.
Added by Acts 2001, 77th Leg., ch. 968, § 26, eff. Sept. 1, 2001.
SUBCHAPTER J. NONPROFIT PARTNERSHIPS
§ 11.201. DEFINITIONS. In this subchapter:
(1) "Nonprofit partner" means a nonpolitical legal
entity that:
(A) is incorporated under the laws of this state;
(B) has been granted an exemption from federal
income tax under Section 501(c), Internal Revenue Code of 1986, as
amended;
(C) works with the department to further
department goals; and
(D) is selected as provided under Section 11.202.
(2) "Official nonprofit partner" means the nonprofit
partner designated by the commission under Section 11.205.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.202. GENERAL DUTIES. (a) The department may
select and cooperate with nonprofit partners to serve department
goals.
(b) The department must obtain commission approval for each
nonprofit partner selected under Subsection (a).
(c) The commission by rule shall establish best practices
for nonprofit partners to comply with.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.203. ACCOUNTABILITY OF NONPROFIT PARTNERS;
INVESTMENT RESTRICTIONS. (a) The commission by rule shall
require a nonprofit partner to comply with specified state
standards and safeguards for accounting for state assets held by
the nonprofit partner.
(b) Chapter 2256, Government Code, applies to a nonprofit
partner to the extent that the partner controls state money.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.204. PLAN. The department shall provide to each
nonprofit partner a copy of the plan developed under Section
11.104.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.205. OFFICIAL NONPROFIT PARTNER. (a) The
commission shall designate a single nonprofit partner as the
official nonprofit partner of the department, unless the commission
determines in writing that no nonprofit partner is capable of
effectively implementing the goals of this section.
(b) The official nonprofit partner must be dedicated to
meeting department goals.
(c) The official nonprofit partner may accept gifts,
grants, and donations to further department goals, including a
gift, grant, or donation made in the name of the department.
(d) The official nonprofit partner may use state money to
acquire property or engage in construction activities only if that
acquisition or construction is consistent with the department's
conservation and recreation priorities outlined in the plan
developed under Section 11.104.
(e) The official nonprofit partner may organize and manage
accounts for local nonprofit partners or other organizations to
benefit a specific state park or other sites under the department's
jurisdiction.
(f) The commission by rule shall establish:
(1) guidelines under which the official nonprofit
partner may solicit and accept sponsorships from private entities;
and
(2) best practices under which the partner may engage
in activities under this section.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.206. AUDIT OF OFFICIAL NONPROFIT
PARTNER. (a) The official nonprofit partner shall be audited
annually by an independent auditor. The partner shall file the
audit with the commission.
(b) The official nonprofit partner's financial transactions
involving and financial records relating to state money held by the
nonprofit partner are subject to audit by the state auditor as
provided in Section 321.013, Government Code.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
§ 11.207. EXPENDITURES; LIMITS. (a) The department
shall direct, by the terms of the contract or grant, how a nonprofit
partner may spend any state money it receives.
(b) A state employee may not directly spend or obligate a
nonprofit partner's money.
(c) A nonprofit partner may not spend state money to:
(1) lobby or otherwise attempt to influence a member
of the legislature; or
(2) directly or indirectly attempt to influence
legislation.
Added by Acts 2001, 77th Leg., ch. 968, § 27, eff. Sept. 1, 2001.
