PARKS AND WILDLIFE CODE
CHAPTER 13. POWERS AND DUTIES CONCERNING PARKS AND OTHER
RECREATIONAL AREAS
SUBCHAPTER A. GENERAL POWERS AND DUTIES
§ 13.001. CONTROL BY DEPARTMENT. (a) Except as
otherwise provided by law, the following are under the department's
control and custody:
(1) all recreational and natural areas designated as
state parks; and
(2) all historical sites acquired by the department.
(b) The commission shall establish a classification system
for state parks and wildlife management areas that categorizes
wildlife management areas, parks, or a portion of parks as wildlife
management areas, recreational areas, natural areas, or historical
sites. The commission may not classify a historical site as a
historical park.
(c) The commission shall adopt rules governing the
acquisition and development of recreational areas, natural areas,
or historical sites.
(d) The commission shall establish as a priority the
acquisition of land necessary for parks that are established by
this code and that comply with the classification system and rules
adopted by the commission as required by this section.
(e) The commission shall have the exclusive authority to
determine sound biological management practices for all lands under
its control.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 37, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 217, § 1, eff. May 18,
1993; Acts 1997, 75th Leg., ch. 1256, § 16, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 968, § 31, eff. Sept. 1, 2001.
§ 13.002. DEVELOPMENT AND ACQUISITION OF OUTDOOR
AREAS. The department may:
(1) develop, operate, and maintain outdoor areas and
facilities of the state; and
(2) acquire land, water, and interests in land and
water for outdoor recreation areas and facilities.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 2001, 77th Leg., ch. 968, § 32, eff. Sept. 1,
2001.
§ 13.003. GIFTS AND IMPROVEMENTS OF PARK SITES. The
department may receive gifts of state park sites and may improve and
equip parks sites or contract for their improvement and equipment.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.004. FINANCING OF PARK PROGRAMS. (a) Except as
provided by Section 13.0045, the operation, maintenance, and
improvement of state parks shall be financed from the general
revenue fund, the state parks account, other accounts that may be
authorized by law, and donations, grants, and gifts received by the
department for these purposes.
(b) No donation, grant, or gift accruing to the state or
received by the department for the purpose of operating,
maintaining, improving, or developing state parks may be used for
any purpose other than the operation, maintenance, or developing of
state parks.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 15, eff. Sept. 1,
1993; Acts 1997, 75th Leg., ch. 902, § 2, eff. Sept. 1, 1997.
§ 13.0041. USE OF CERTAIN BOND REVENUE. The department
shall, if practicable, apportion at least fifteen percent of any
money received by the department from the proceeds of the sale of
bonds issued under Section 50-f, Article III, Texas Constitution,
to specific park maintenance or improvement projects for which
matching private or local money for the specific state parks and
wildlife projects has been made available to the department.
Added by Acts 2001, 77th Leg., ch. 968, § 33(a).
§ 13.0045. REVENUE BONDS FOR PARKS AND WILDLIFE
FACILITIES. (a) The department, by resolution of the commission,
may request the Texas Public Finance Authority to issue revenue
bonds or other revenue obligations to finance the repair,
renovation, improvement, and equipping of parks and wildlife
facilities for an estimated project cost not to exceed $60 million.
(b) On receipt of the department's request, the authority
shall promptly issue the bonds or other obligations under and in
accordance with Chapter 1232, Government Code.
(c) The department shall deposit the proceeds of bonds
issued under this section to the credit of the Texas parks and
wildlife capital account and may use the proceeds only to finance
the repair, renovation, improvement, and equipping of parks and
wildlife facilities.
Added by Acts 1997, 75th Leg., ch. 902, § 3, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 1420, § 8.362, eff. Sept. 1,
2001.
§ 13.005. ACQUISITION OF HISTORICAL SITES. (a) The
department may acquire by purchase, gift, or other manner
historical sites:
(1) where events occurred that represent an important
aspect of the cultural, political, economic, military, or social
history of the nation or state;
(2) significantly associated with the lives of
outstanding historic persons or with an important event that
represents a great ideal or idea;
(3) embodying the distinguishing characteristics of
an architectural type which is inherently valuable for study of a
period, style, or method of construction;
(4) that contributes significantly to the
understanding of aboriginal man in the nation or state; or
(5) that is of significant geologic interest relating
to prehistoric animal or plant life.
(b) The department shall restore and maintain each
historical site acquired under this section for the benefit of the
general public. The department may enter into interagency
contracts for this purpose.
(c) The department shall formulate plans for the
preservation and development of historical sites. Before
formulating a plan for a specific site, the department shall
conduct an archeological survey of the site. In formulating plans,
the department shall:
(1) consider the results from the archeological survey
for the site if the plan is for a specific site;
(2) consider the resources necessary to manage a site;
and
(3) meet with and consider comments made by the Texas
Historical Commission.
(d) The department and the Texas Historical Commission
shall form a joint panel to establish criteria for determining
whether a site is of statewide significance under Subsection (a)
and to promote the continuity of a historic sites program.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 38, eff.
Sept. 1, 1985; Acts 2001, 77th Leg., ch. 968, § 34, eff. Sept. 1,
2001.
§ 13.0051. COORDINATION WITH TEXAS HISTORICAL
COMMISSION; REPORT ON PRESERVATION PLANS. The department shall
meet regularly with the Texas Historical Commission regarding plans
to preserve and develop historical sites in this state.
Added by Acts 2001, 77th Leg., ch. 968, § 36, eff. Sept. 1, 2001.
§ 13.0052. REPORTS. The department shall periodically
prepare reports on plans to preserve and develop historical sites
in this state.
Added by Acts 2001, 77th Leg., ch. 968, § 36, eff. Sept. 1, 2001.
§ 13.0053. REFERENCE TO HISTORICAL SITES. (a) In this
section, "publication" includes the publication of a book,
magazine, photograph, poster, or bulletin.
(b) The department may not refer to a historical site as a
"historical park":
(1) in a department publication; or
(2) on a department marker or sign.
Added by Acts 2001, 77th Leg., ch. 968, § 36, eff. Sept. 1, 2001.
§ 13.006. LEASE OF LANDS. (a) The department may lease
any land and improvements it holds to a city, county, special
district, nonprofit organization, or political subdivision. The
leased area may not be referred to as a state facility, and no state
funds may be used to operate or maintain a property leased under
this section.
(b) The conditions and duration of the lease agreement are
determined by the agreement of the department and the lessee.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1999, 76th Leg., ch. 617, § 1, eff. Sept. 1,
1999.
§ 13.0061. LEASE OF GRAZING RIGHTS ON PARK LANDS; SALE
OF PRODUCTS. (a) The department may lease grazing rights on any
state park or any area of a state park. The department may harvest
and sell, or sell in place, any timber, hay, or other product grown
on state park land the department finds to be in excess of natural
resource management programming needs. Timber may be harvested
only for forest pest management, salvage, or habitat restoration
and under good forestry practices with the advice of the Texas
Forest Service.
(b) The department may agree to accept materials, supplies,
or services instead of money as part or full payment for a sale or
lease under this section. The department may not assign to the
materials, supplies, or services accepted as payment under this
subsection a value that exceeds their actual market value.
(c) Except for consideration accepted under Subsection (b)
of this section, all revenue derived from a lease or sale under this
section shall be deposited in the state treasury to the credit of
the state parks account.
Added by Acts 1981, 67th Leg., p. 2697, ch. 734, § 1, eff. June
16, 1981. Amended by Acts 1993, 73rd Leg., ch. 447, § 2, eff.
Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 679, § 16, eff. Sept. 1,
1993.
§ 13.007. INVESTIGATION EXPENSES. A locality may pay
the expenses of a representative of the department for a trip to the
locality to determine the suitability of a site for a state park.
If the expenses of the representative are paid by the locality,
state funds may not be used for the expenses of the trip.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.008. SOLICITATION, RECEIPT, AND TRANSFER OF
LAND. (a) The department may solicit and receive donations of
land for public purposes and may refuse donations of land not
acceptable for public purposes.
(b) If title to a site has vested in the department and if
ownership of the site is no longer in the best interest of the
department, the department may transfer the title:
(1) to another state department or institution
requesting the site;
(2) to the donor of the land if the donor requests the
return of the site;
(3) to the United States if it has undertaken the
development of the site for public purposes;
(4) to the grantor if the deed to the department
contains a reversion clause providing that title reverts to the
grantor when the site is not used for the purposes for which it was
acquired; or
(5) to any legally authorized entity if the property
is to be used for public purposes.
(c) A two-thirds vote of the commission is necessary for
action taken under this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1999, 76th Leg., ch. 617, § 2, eff. Sept. 1,
1999.
§ 13.009. SALE OR EXCHANGE OF LAND. (a) The director
with the approval of the commission may execute a deed exchanging
real property or an interest in real property either as all or
partial consideration for other real property or interest in real
property. The director with the approval of the commission may
execute a deed selling real property or an interest in real property
under the jurisdiction of the department if ownership of the real
property is no longer in the best interest of the department.
(b) The department shall receive a good and marketable title
to all land exchanged under this section.
(c) All land to be received in the exchange must be
appraised and if the land to be received is of greater value, as
determined by an independent and competent appraisal, than the
state land exchanged, the department may use funds available for
land acquisitions as a partial consideration for the exchange.
(d) The receipts from the sale of land under this section
shall be used for improving or acquiring other real property
dedicated to the same purpose for which the land sold was dedicated.
(e) Notwithstanding any other law or charter provision to
the contrary, the department and a municipality may agree to
exchange park properties under the control or management of the
department or municipal government on the following conditions:
(1) the properties to be exchanged shall continue to
be dedicated park properties and used for park purposes;
(2) no election is required by the municipality to
authorize the exchange; and
(3) all of the provisions of Subsections (a) through
(d) of this section are complied with by the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 609, ch. 220, § 1, eff. May
24, 1977; Acts 1979, 66th Leg., p. 550, ch. 260, art. 3, § 2,
eff. Sept. 1, 1979; Acts 1987, 70th Leg., ch. 1069, § 1, eff.
June 20, 1987; Acts 1991, 72nd Leg., ch. 246, § 1, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 617, § 3, eff. Sept. 1, 1999.
§ 13.010. HISTORIC SITES. The department may locate,
designate, and suitably mark historic grounds, battlefields, and
other historic spots in Texas as historic sites. Fitting markers
may be erected; however, no expense may be incurred in the name of
the state for this project.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 2001, 77th Leg., ch. 968, § 37, eff. Sept. 1,
2001.
§ 13.011. NATURAL FEATURES. (a) The commission may
locate and designate outstanding natural features and formations
located in this state. It may erect or contract to have erected
suitable markers or monuments to call the features and formations
to the public's attention.
(b) The commission may accept title to a suitable site for a
marker or monument from private individuals, associations, or
corporations by gift. Sites may also be acquired by purchase with
appropriated funds.
(c) The commission may adopt reasonable rules for accepting
or purchasing sites, for determining the suitability of sites, and
for establishing the priority of accepting and marking the sites.
(d) All other agencies shall cooperate with the department
to aid in the location of sites. The department may accept
jurisdiction over suitable sites located on state land by an
interagency transfer of jurisdiction.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.012. ROADSIDE PARKS. An area under the control of
the department which is more suitable for use as a roadside park
than any other type of park may be transferred to the Texas
Department of Transportation for roadside park purposes if the land
meets the specifications of the Texas Department of Transportation.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1995, 74th Leg., ch. 165, § 22(61), eff. Sept. 1,
1995.
§ 13.013. CONSTRUCTION OF ROADS BY TEXAS DEPARTMENT OF
TRANSPORTATION. (a) The department may contract with the Texas
Transportation Commission for the construction and paving of roads
in and adjacent to state parks.
(b) Agreements under this section must be made in conformity
with the Interagency Cooperation Act.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1995, 74th Leg., ch. 165, § 22(62), eff. Sept. 1,
1995.
§ 13.014. ROADS AND TRAILS TO CERTAIN PARK
SITES. (a) The department shall acquire, construct, and maintain
roads and trails from public roads to park sites located on and
accessible to the waters of Buchanan and Inks lakes in Burnet,
Lampasas, Llano, San Saba, Travis, and Williamson counties. The
park sites may be state parks or land owned by the Lower Colorado
River Authority dedicated to public use for park purposes.
(b) The department may acquire the rights-of-way for the
roads and trails by purchase or gift or by exercise of the power of
eminent domain.
(c) The Texas Transportation Commission shall cooperate
with the department, and the department shall cooperate and match
funds with any state or federal governmental agency and shall
sponsor any state or federal project.
(d) The department may make contracts to carry out the
provisions of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1995, 74th Leg., ch. 165, § 22(63), eff. Sept. 1,
1995.
§ 13.015. PARK USER FEES; CONCESSIONS. (a) The
department may charge and collect park user fees for park services.
The user fees shall be set by the commission.
(b) The department may operate or grant contracts to operate
concessions in state parks or on causeways, beach drives, or other
improvements in connection with state park sites. The department
may make regulations governing the granting or operating of
concessions.
(c) The department shall deposit any revenue received from
the contracts, user fees, or operations authorized by this section
in the state treasury to the credit of the state parks account.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 40, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 17, eff. Sept. 1,
1993.
§ 13.016. PRISON LABOR. (a) The department may use the
labor of trusty state convicts on or in connection with state parks.
(b) Convicts working in connection with lands under the
control or jurisdiction of the department remain under the control
of the Texas Department of Criminal Justice and are considered as
serving their terms in the penitentiary.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 17, eff. Sept. 1,
1997.
§ 13.017. PUBLICATIONS ON PARKS. (a) The department
may provide or sell information, including books, magazines,
photographs, prints, and bulletins, to the public on state parks.
(b) The department may enter into contractual agreements
for publication of information concerning state parks.
(c) The department may receive royalties on
department-owned materials that are sold or supplied to others by
the department for publication.
(d) Money received under this section shall be deposited in
the State Treasury to the credit of the account from which expenses
for the publication were paid.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 41, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 18, eff. Sept. 1,
1993.
§ 13.018. STATE PARKLANDS PASSPORT. (a) The following
people may apply to the department for a state parklands passport:
(1) a resident of this state who is 65 years old or
over who has resided in the state for six consecutive months
preceding the date of application for a parklands passport, a
member of the United States armed forces on active duty who is 65
years old or over, or any other individual in a category that the
commission by rule designates as a resident of this state who is 65
years old or over;
(2) a veteran of the armed services of the United
States who, as a result of military service, has a
service-connected disability, as defined by the Veterans'
Administration, consisting of the loss of the use of a lower
extremity or of a 60 percent disability rating and who is receiving
compensation from the United States because of the disability; and
(3) an individual who has a physical or mental
impairment that substantially limits one or more of the major life
activities of the individual.
(b) The department shall issue a passport to each qualified
applicant. The passport shall be issued on a form designed and
provided by the department.
(c) The holder of a state parklands passport issued on or
before August 31, 1995, a person whose birth date is before
September 1, 1930, or a veteran described by Subsection (a)(2) is
entitled to enter any state park without payment of an entrance or
admission fee. When a fee is charged by the department for entrance
of a vehicle into a state park, the vehicle of the holder of a state
parklands passport is exempt from the fee when the holder is
present.
(d) The department may discount or waive a park entrance fee
for a resident of this state issued an initial state parklands
passport after August 31, 1995. When a fee is charged by the
department for entrance of a vehicle into a state park, the vehicle
of the holder of an initial state parklands passport may enter any
state park on payment of a lower vehicle entrance fee. The
department may waive vehicle entrance fees for any state park for
the holder of an initial state parklands passport.
(e) The commission by rule shall establish eligibility
requirements and privileges available to the holder of a state
parklands passport described by Subsection (a)(3).
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1977, 65th Leg., p. 36, ch. 19, § 1, eff. Aug. 29,
1977; Acts 1995, 74th Leg., ch. 629, § 1, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 387, § 1, eff. Sept. 1, 1997.
§ 13.019. FACILITY RESERVATION FEE. The department may
permit the advance reservation of a facility, lodging, or campsite
at a state park and require the payment of a fee by a person making
the reservation.
Added by Acts 1979, 66th Leg., p. 1065, ch. 495, § 1, eff. June 7,
1979. Amended by Acts 1997, 75th Leg., ch. 1256, § 18, eff.
Sept. 1, 1997.
§ 13.020. LOCAL PUBLIC HEARINGS ON PARK DEVELOPMENT
PLANS. Before the commission approves a park master development
plan, the department must hold a public hearing to receive comments
on the plan in an area near the location of the new park site.
Added by Acts 1985, 69th Leg., ch. 267, art. 1, § 42, eff. Sept.
1, 1985.
§ 13.022. EASEMENT THROUGH CADDO LAKE STATE PARK. The
department shall grant an easement through Caddo Lake State Park to
provide access to private real property located within the park.
Added by Acts 1985, 69th Leg., ch. 392, § 1, eff. June 10, 1985.
Renumbered from § 13.020 by Acts 1987, 70th Leg., ch. 167, §
5.01(a)(34), eff. Sept. 1, 1987.
SUBCHAPTER B. REGULATIONS GOVERNING PARKS AND OTHER RECREATIONAL
AREAS
§ 13.101. AUTHORIZATION. The commission may promulgate
regulations governing the health, safety, and protection of persons
and property in state parks, historic sites, scientific areas, or
forts under the control of the department, including public water
within state parks, historic sites, scientific areas, and forts.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1975, 64th Leg., p. 1206, ch. 456, § 4(a), eff.
Sept. 1, 1975.
§ 13.102. SCOPE OF REGULATIONS. The regulations may
govern:
(1) the conservation, preservation, and use of state
property whether natural features or constructed facilities;
(2) the abusive, disruptive, or destructive conduct of
persons;
(3) the activities of park users including camping,
swimming, boating, fishing, or other recreational activities;
(4) the possession of pets or animals;
(5) the regulation of traffic and parking; and
(6) conduct which endangers the health or safety of
park users or their property.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1981, 67th Leg., p. 2725, ch. 741, § 3, eff. Jan.
1, 1982.
§ 13.106. POSTING OF REGULATIONS. All specific or
general regulations applying to a state park, historic site,
scientific area, or fort must be posted in a conspicuous place at
the park, site, or fort. A copy of the regulations shall be made
available on request to persons using the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.108. REMOVAL FROM PARK. (a) Any person directly
or indirectly responsible for disruptive, destructive, or violent
conduct which endangers property or the health, safety, or lives of
persons or animals may be removed from a park, historic site,
scientific area, or fort for a period not to exceed 48 hours.
(b) Prior to removal under this section, the person must be
given notice of the provisions of this section and an opportunity to
correct the conduct justifying removal.
(c) A court of competent jurisdiction may enjoin a person
from reentry to the park, scientific area, site, or fort, on cause
shown, for any period set by the court.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.109. ENFORCEMENT OF REGULATIONS. Regulations
adopted under this subchapter may be enforced by any peace officer,
including those employees of the department commissioned as peace
officers under Section 11.019 of this code. A notice to appear may
be issued by a peace officer for violation of a regulation on a form
prescribed by the commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.110. EFFECT OF REGULATIONS. No regulation adopted
under this subchapter may amend or repeal any penal law of this
state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.112. PENALTY. A person who violates a regulation
adopted under Subchapter B of this chapter commits an offense that
is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 6, eff. Sept. 1,
1985.
SUBCHAPTER C. REGULATIONS GOVERNING AREAS ADJACENT TO STATE PARKS
§ 13.201. AUTHORIZATION. The commission may make
regulations prohibiting the use of firearms or certain types of
firearms on state property adjacent to state parks and within 200
yards of the boundary of the state park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.202. APPLICATION LIMITED. The regulations of the
commission under Section 13.201 of this code apply only to state
parks located within one mile of coastal water of this state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.205. PENALTY. A person who violates a regulation
made by the commission under Section 13.201 of this code commits an
offense that is a Class C Parks and Wildlife Code misdemeanor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 7, eff. Sept.
1, 1985.
SUBCHAPTER D. PARTICIPATION IN FEDERAL PROGRAMS
§ 13.301. PROGRAMS FOR THE DEVELOPMENT OF HISTORIC SITES
AND STRUCTURES. (a) The department may apply to any appropriate
agency or officer of the United States for participation in or the
receipt of aid from any federal program involving the planning,
acquisition, and development of historic sites and structures.
(b) The department may contract with the United States or
its agencies to plan, acquire, and develop historic sites and
structures in this state in conformity with any federal act
concerning the development of historic sites and structures.
(c) The department shall keep financial and other records
relating to programs under this section and shall furnish
appropriate officials and agencies of the United States and of this
state all reports and information reasonably necessary for the
administration of the programs.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.302. PROGRAMS FOR THE DEVELOPMENT OF OUTDOOR
RECREATION RESOURCES. The department is the state agency to
cooperate with the federal government in the administration of
federal assistance programs for the planning, acquisition,
operation, and development of the outdoor recreation resources of
the state, including acquisition of land and water and interests in
land and water. The department shall cooperate with the federal
government in the administration of the provisions of the Land and
Water Conservation Fund Act of 1965 (Public Law 88-578).
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.303. COOPERATION WITH OTHER AGENCIES. (a) The
department shall cooperate with departments of the federal
government and other departments of state and local government,
including as a part of the state plan, water districts, river
authorities, and special districts in outdoor recreation. The
department shall issue rules and regulations to cooperate in the
enforcement and administration of federal acts and rules and
regulations.
(b) The department shall implement programs and coordinate
with departments and agencies of the federal government, including
the United States Border Patrol and the Drug Enforcement
Administration, and other departments of state and local
government, if necessary, to minimize environmental damage to any
land under the control and custody of the department along this
state's border with Mexico.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1999, 76th Leg., ch. 588, § 1, eff. Sept. 1,
1999.
§ 13.304. ADDITIONAL POWERS OF COUNTIES AND SPECIAL
DISTRICTS. Counties, river authorities, water districts, and
other political subdivisions organized under Article III, Section
52, or Article XVI, Section 59, of the Texas Constitution, may:
(1) acquire land for public recreation;
(2) construct facilities for public use on land
acquired for public recreation;
(3) provide for the operation, maintenance, and
supervision of the public recreation areas;
(4) execute agreements with other local, state, or
federal agencies for planning, construction, maintenance, and
operation of public recreation facilities and necessary access
roads; and
(5) maintain adequate sanitary standards on the land
and water areas that are part of or adjacent to public recreation
areas.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.305. CONDEMNATION PROCEEDINGS. (a) The
department may institute condemnation proceedings according to the
laws of this state to acquire land for programs developing outdoor
recreation resources under Section 13.302 of this code.
(b) Costs incurred in the exercise of eminent domain under
this section for the relocation, raising, lowering, rerouting, or
change in grade, or alteration in the construction of any electric
transmission, telegraph, or telephone line, railroad, conduit,
pole, property, facility, or pipeline are the sole expense of the
department.
(c) "Sole expense" means the actual cost of the lowering,
rerouting, or change in grade or alteration of construction in
providing comparable replacement without enhancement of the
facility, after deducting the net salvage value derived from the
old facility.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.306. APPLICATION FOR PARTICIPATION IN FEDERAL
PROGRAMS. (a) The department may apply to any appropriate agency
or officer of the United States for participation in or the receipt
of aid from any federal outdoor recreation program.
(b) The department may contract with the United States or
any appropriate federal agency to plan, acquire, and develop
outdoor recreation resources of the state in conformity with the
Land and Water Conservation Fund Act of 1965 or any other federal
act to develop outdoor recreation resources of the state.
(c) The department shall keep financial and other records
relating to the programs under this section and shall furnish to
appropriate officials and agencies of the United States and of this
state reports and information reasonably necessary for the
administration of the programs.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.307. COORDINATION OF ACTIVITIES. To obtain the
benefits of outdoor recreation programs under this subchapter, the
department shall coordinate its activities with and represent the
interests of all agencies and political subdivisions of the state
as a part of a state plan. The state plan shall include cities,
counties, water districts, river authorities, and special
districts in outdoor recreation having interests in the planning,
development, acquisition, operation, and maintenance of outdoor
recreation resources and facilities.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.308. AVAILABILITY OF STATE FUNDS. (a) The
department may not make a commitment or an agreement to participate
in an outdoor recreation program under this subchapter until
sufficient funds are available to meet the state's share of the cost
of the project.
(b) An outdoor recreation area or facility acquired or
developed by the department under this subchapter shall be publicly
maintained to the extent necessary to insure its proper operation
and maintenance.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.309. AVAILABILITY OF LOCAL FUNDS. The department
may agree with the United States or any appropriate agency to plan,
acquire, operate, and develop projects involving participating
federal aid funds on behalf of any political subdivision of this
state if the political subdivision certifies to the department
that:
(1) sufficient funds are available to meet its share,
if any, of the cost of the project; and
(2) the acquired or developed areas will be operated
and maintained at the expense of the subdivision for public outdoor
recreation use.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.310. RECEIPT AND EXPENDITURE OF FUNDS. (a) The
department may receive and spend federal money allocated to the
state for any project established to develop outdoor recreation
resources under this subchapter and for administrative and other
expenses incident to the administration of these projects.
(b) The department may receive and expend funds from the
state, a county, a city, or any other source for the development of
outdoor recreation resources under this subchapter.
(c) The department shall deposit all funds received for the
development of outdoor recreation resources in the state treasury
to the credit of the state land and water conservation account.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 19, eff. Sept. 1,
1993.
§ 13.311. PROJECT PRIORITY. The department may make
rules and regulations governing the priority of projects submitted
under an outdoor recreation plan under this subchapter and within
the limitations of the appropriations made for these purposes.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.312. ADMINISTRATION EXPENSE. The department may
employ necessary personnel, as determined by the director, and
expend amounts necessary to administer efficiently the outdoor
recreation programs under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.313. FISH AND WILDLIFE RESTORATION PROJECTS. The
department may conduct and establish cooperative fish and wildlife
restoration projects under the provisions of Public Law No. 415,
Acts of the 75th Congress, and Public Law No. 681, Acts of the 81st
Congress, as amended .
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 13.314. COMPLIANCE IN FISHERY MANAGEMENT. The
department may cooperate and contract with the Gulf of Mexico
Fishery Management Council or the National Marine Fisheries Service
for conduct of such work as may be necessary in complying with
requirements of the Fishery Conservation and Management Act of 1976
(16 U.S.C.A. Section 1801 et seq.).
Added by Acts 1977, 65th Leg., p. 1280, ch. 501, § 1, eff. June
15, 1977.
