PARKS AND WILDLIFE CODE
CHAPTER 22. STATE PARKS
SUBCHAPTER A. FANNIN STATE BATTLEGROUND
§ 22.001. JURISDICTION. Fannin State Battleground is
under the jurisdiction of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.006. CONCESSION ACCOUNT. A Fannin State
concession account may be established in the state treasury
according to the rules and procedures established by the
department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER B. SAN JACINTO BATTLEGROUND
§ 22.011. JURISDICTION. The San Jacinto Battleground
is under the jurisdiction of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.012. SAN JACINTO HISTORICAL ADVISORY
BOARD. (a) The San Jacinto Historical Advisory Board is composed
of:
(1) the chairman of the Battleship Texas Commission;
(2) the president of the San Jacinto Museum of History
Association; and
(3) three members of the public.
(b) The three members of the public are appointed by the
governor for terms of six years each, with the term of one member
expiring each odd-numbered year.
(c) One or more of the three members of the public may be
selected from the San Jacinto Chapter, Daughters of the Republic of
Texas.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.013. MEETINGS. (a) The San Jacinto Historical
Advisory Board shall meet quarterly to review the policies and
operations of the San Jacinto Battleground and to advise the
department on the proper historical development of the
battleground.
(b) The board shall prepare minutes for all board meetings
and deliver them to the commission. The board shall deliver the
board's bylaws and any changes made to the bylaws to the commission.
Any minutes or bylaws delivered to the commission shall be
delivered by the member of the board who is an employee of the
department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1999, 76th Leg., ch. 925, § 3, eff. Sept. 1,
1999.
§ 22.014. POWERS OF THE BOARD. The board may accept, in
the name of the state, all bequests, gifts, and grants of money or
property made to the battleground and use the bequests for the
purposes specified by the grantor, if any.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.015. DATA. All data collected by the board is the
property of the state and shall be used to depict the story of Texas
history and independence at the battleground.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.016. SAN JACINTO MUSEUM OF HISTORY
ASSOCIATION. The San Jacinto Museum of History Association, a
nonprofit historical association organized for the purposes of
operating the San Jacinto Memorial Building and Tower and
establishing a museum, retains ownership of property and historical
data held in the name of the association and may acquire museum
accessions by gift, grant, or purchase from association funds.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER C. PALO DURO CANYON STATE PARK
§ 22.021. JURISDICTION. (a) The Palo Duro Canyon
State Park is under the jurisdiction of the department.
(b) The original boundaries of the park include the land
located in Armstrong and Randall counties and described in the deed
executed by Fred A. Emery and wife to Texas State Parks Board, July
28, 1933, and recorded in Volume 69, pages 347 through 350, of the
deed records of Randall County.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.022. POWERS OF DEPARTMENT. (a) The department
may:
(1) fix entrance fees for admission to the park;
(2) fix charges to be collected from patrons of the
park;
(3) execute grazing leases covering all or part of the
park land;
(4) grant concessions in the park;
(5) make improvements in the park; and
(6) execute any other contracts necessary to carry out
the provisions of this subchapter.
(b) Improvements may include the construction of dams to
impound water to form a lake or lakes for recreational and other
conservation purposes within the park. Before constructing any dam
or lake, the commission must obtain permits required by law from the
Texas Water Rights Commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.023. DISPOSITION OF INCOME. The department shall
use the income derived from leases, royalties, and operation of the
park necessary for maintaining, improving, and operating the park.
One-half of the balance of the unexpended income may be used by the
department on other state parks, and the remaining one-half and any
other unexpended balance shall be transferred to the general
revenue fund at the end of each biennium.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.024. ISSUANCE OF BONDS. The department may issue
bonds necessary for the construction of improvements in the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.025. INTEREST ON BONDS. Interest on the bonds may
not exceed six percent per year, computed with relation to the
absolute maturity of the bonds in accordance with standard bond
interest tables currently in use by insurance companies and
investment houses, excluding from the computation the amount of any
premium to be paid on redemption of any bonds prior to maturity.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.026. MATURITY OF BONDS. The bonds may mature,
serially or otherwise, not more than 40 years from the date of their
issuance.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.027. REDEMPTION BEFORE MATURITY. The department
may fix the price, terms, and conditions for redemption of the bonds
before maturity in the authorizing proceedings.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.028. SALE OF BONDS. The bonds may be sold, at
public or private sale, at a price and under terms determined by the
department to be the most advantageous terms reasonably obtainable.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.029. PLEDGE OF INCOME. The department may
irrevocably pledge the rents, revenues, and income from the
improvements financed by the bonds and from any other
revenue-producing facilities or properties of the park, including
the fees collected for admission to the park, to the payment of the
interest on and the principal of the bonds and may enter into
agreements regarding the imposition of charges and the collection,
pledge, and disposition of revenue.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.030. RIGHT TO ISSUE ADDITIONAL BONDS. In pledging
the rents, revenues, and income, the department may expressly
reserve the right to issue additional bonds on a parity with or
subordinate to the bonds then being issued.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.031. ADDITIONAL SECURITY FOR BONDS. (a) If,
after reasonable effort, the department is unable to sell the
bonds, the bonds may be additionally secured by a deed of trust lien
on the land and property comprising the park, or any part of it,
after the department has obtained written approval of the governor.
(b) The governor may not give his approval under this
section until he has obtained the advice and consent of the
Legislative Budget Board.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.032. FORM OF BONDS. The department may prescribe
the form, conditions, and details of the bonds in accordance with
the provisions of this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.033. REFUNDING OF BONDS. (a) A bond issued by the
department under a law of this state which is payable from any part
of the revenues of a revenue-producing facility or property of Palo
Duro Canyon State Park may be refunded or refinanced by the
department under this subchapter.
(b) The provisions of this subchapter are applicable to a
refunding bond.
(c) In the same authorizing proceedings, the department may
refund or refinance any bond issued under this subchapter and
combine all refunding bonds and any new bonds to be issued into one
or more issues or series and may provide for the subsequent issuance
of additional parity bonds under terms and conditions set out in the
authorizing proceedings.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.034. EMPLOYMENT OF PERSONNEL. The department may
employ engineers, attorneys, and fiscal agents or financial
advisors necessary in the issuance or refunding of bonds.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.035. APPROVAL BY ATTORNEY GENERAL. (a) The bonds
and all records relating to their issuance must be submitted to the
attorney general for examination prior to delivery.
(b) The attorney general shall approve the bonds if he finds
that they have been issued in accordance with the constitution and
this subchapter and that they will be binding special obligations
of the department.
(c) Bonds approved by the attorney general must be
registered by the comptroller of public accounts.
(d) After approval and registration, the bonds are
incontestable.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.036. PAYMENT OF INTEREST AND EXPENSES. The
department may set aside amounts from the proceeds of the sale of a
bond issue for:
(1) the payment of interest anticipated to accrue
during the construction period;
(2) a deposit into the reserve for the interest and
sinking fund to the extent prescribed in the authorizing
proceedings; and
(3) payment of attorney's fees, engineer's fees, and
expenses of the issuance and sale of bonds, including the fees of
fiscal agents or financial advisors.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.037. LEGAL INVESTMENTS. (a) Bonds issued under
this subchapter are legal and authorized investments for banks,
savings banks, trust companies, building and loan associations,
savings and loan associations, insurance companies, fiduciaries,
trustees, and guardians, and for the sinking funds of cities,
towns, villages, counties, school districts, and other political
corporations and subdivisions of the state.
(b) The bonds are eligible to secure the deposit of the
public funds of the state, cities, towns, villages, counties,
school districts, and other political corporations and
subdivisions of the state.
(c) The bonds are lawful and sufficient security for
deposits to the extent of their value when accompanied by all
unmatured coupons.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.038. NEGOTIABLE INSTRUMENTS. Bonds issued under
this subchapter are negotiable instruments under the laws of this
state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.039. DEBT AGAINST THE STATE. Nothing in this
subchapter creates a debt against the state or binds the state in
any way except as to the mortgage of the land and property
comprising the Palo Duro Canyon State Park and as to the pledge of
the rents, revenue, and income from the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER D. JIM HOGG MEMORIAL PARK
§ 22.051. JURISDICTION. (a) The Jim Hogg Memorial
Park is under the jurisdiction of the department.
(b) The original boundaries of the park include
approximately 180 acres, formerly a part of the General Joseph L.
Hogg homestead in Cherokee County.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.052. HISTORICAL IMPROVEMENTS. To the extent
possible, the department shall maintain a replica of the original
Hogg home and the grounds adjacent to the residence.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.053. IMPROVEMENTS. The department may repair or
construct facilities for recreational and park purposes at the park
and may work in conjunction with other governmental agencies for
this purpose.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.054. SALE AND USE OF TIMBER. (a) The department
may use timber cut from the land in the park to repair or construct
improvements.
(b) The department may sell timber from the land in the park
to finance the construction or repair of improvements.
(c) Timber must be selectively cut for sale or use under the
supervision of the Texas Forest Service.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.055. SALE OF IRON ORE. (a) The department may
sell iron ore in place located in the park. The department may
grant all rights necessary for the development of the iron ore to
the purchasers of the iron ore.
(b) The presiding officer, on behalf of the department, may
execute and deliver the necessary instruments to convey the iron
ore in place to the purchasers.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 2001, 77th Leg., ch. 968, § 51, eff. Sept. 1,
2001.
§ 22.056. COMPETITIVE BIDS. (a) Timber and iron ore
may be sold on competitive bids only. The contract shall be awarded
to the party submitting the highest and best bid in the judgment of
the Texas Forest Service for the sale of timber and of the
department for the sale of iron ore. The department must approve
the contract for sale of timber.
(b) The Texas Forest Service shall keep on file the bids for
timber sale. The bids are public records. Copies of the bids shall
be given to the department.
(c) The department shall keep on file the bids for the sale
of iron ore. The bids are public records.
(d) The Texas Forest Service may reject any or all bids for
timber sale and readvertise for new bids. The department may reject
any or all bids for iron ore sale and readvertise for new bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.057. ADVERTISING FOR BIDS. (a) The Texas Forest
Service shall advertise for the sale of timber. The department
shall advertise for the sale of iron ore.
(b) The sale must be advertised for two weeks in at least one
weekly newspaper published and circulated in Cherokee County.
(c) The advertisement must contain the necessary
information pertaining to the sale and the time and place for
receiving bids.
(d) The first advertisement must be at least 10 days before
the date of receiving bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.058. REGULATIONS. The department shall adopt
regulations, forms, and contracts for the sale of iron ore and
protection of the income produced from the sale.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.059. DISPOSITION OF FUNDS. Money received from the
sale of timber or iron ore from the land in the park shall be placed
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, § 43, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 21, eff. Sept. 1,
1993.
SUBCHAPTER E. HUNTSVILLE STATE PARK
§ 22.071. IMPROVEMENTS. (a) The department may
construct and repair improvements to be used for recreational and
park purposes in Huntsville State Park, including dams to impound
water and form reservoirs or lakes.
(b) The department may cooperate with other governmental
agencies in making the improvements.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.072. PERMIT FOR DAM. A dam may not be constructed
until a permit has been obtained from the Texas Water Rights
Commission.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.073. SALE AND USE OF TIMBER. (a) The department
may use timber cut from land in the park to repair or construct
improvements.
(b) The department may sell timber from land in the park to
finance the construction or repair of improvements and dams.
(c) Timber must be selectively cut for sale or use under the
supervision of the Texas Forest Service.
(d) The amount of timber sold may not exceed $250,000.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.074. COMPETITIVE BIDS. (a) Timber may be sold on
competitive bids only. The contract shall be awarded to the party
submitting the highest and best bid in the judgment of the Texas
Forest Service and then approved by the department.
(b) All bids shall be kept on file by the Texas Forest
Service and are public records. Copies of the bids shall be
furnished to the department.
(c) The Texas Forest Service may reject any or all bids and
readvertise for new bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.075. ADVERTISING FOR BIDS. (a) The Texas Forest
Service shall advertise for the sale of the timber for two weeks in
at least one weekly newspaper published and circulated in Walker
County.
(b) The advertisement must contain the necessary
information pertaining to the timber sale and the time and place for
receiving bids.
(c) The first advertisement must be at least 10 days before
the date of receiving bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.076. DISPOSITION OF FUNDS. Money received from the
sale of timber cut from the park shall be placed 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, § 44, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 22, eff. Sept. 1,
1993.
SUBCHAPTER F. GOLIAD STATE PARK
§ 22.081. JURISDICTION. Goliad State Park, including
the General Ignacio Zaragoza Birthplace and the Mission of San
Rosario, is under the jurisdiction of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.082. GENERAL IGNACIO ZARAGOZA
BIRTHPLACE. (a) The department may care for and protect the
birthplace of General Ignacio Zaragoza and shall designate the site
as the General Ignacio Zaragoza Birthplace.
(b) The site originally accepted by the state includes
approximately two acres, described as lots 4, 5, 6, 11, 12, 13, 14,
15, and 16 in Block X, La Bahia Townsite, in Goliad County.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.083. MISSION OF SAN ROSARIO. (a) The department
shall care for the grounds of the Mission of San Rosario as a
suitable and appropriate memorial and shall enclose the mission
grounds with an appropriate and substantial park fence.
(b) The original boundaries of the mission consist of the
surface title of 4.77 acres of land in the County of Goliad, Texas,
said 4.77 acres of land, more or less, being the following described
parcel of land:
BEGINNING at a concrete monument in the Southeast
Right-of-Way line of State Highway No. 12, same being a R/W marker
for said Highway, and being 50 ft. at right angles from the center
line of said Highway, and marked Sta. 914/00;
THENCE South 39 deg. 36 min. West, with right-of-way
fence, 295.9 ft. to a concrete monument for corner of this present
survey;
THENCE South 56 deg. 02 min. East, at 148.0 ft. an iron
pipe, at 350.0 ft. a concrete monument for corner of this present
survey;
THENCE South 32 deg. 08 min. East, at 69.9 ft. an iron
pipe, at 193.3 ft. a tack in cedar post at 241.4 ft. a concrete
monument for corner of this present survey;
THENCE North 83 deg. 35 min. East, 193.4 ft. to a
concrete monument for corner of this present survey;
THENCE North 17 deg. 46 min. East, at 109.7 ft. an iron
pipe, at 227.3 ft. a concrete monument for corner of this present
survey;
THENCE North 43 deg. 17 min. West, at 116.8 ft. an iron
pipe, at 240.5 ft. a concrete monument for corner of this present
survey;
THENCE North 57 deg. 21 min. West, at 193.3 ft. an iron
pipe, at 356.3 ft. a concrete monument for corner of this present
survey; same being a highway R/W marker for said Highway for extra
width in R/W and also marked Sta. 914/00;
THENCE North 49 deg. 55 min. West, with Highway R/W
line, 34.9 ft. to the place of beginning;
Containing Four and 77/100 (4.77) acres of land and all
being out of Maria de Jesus de Leon Survey, Abstract 21, Goliad
County, Texas.
Said 4.77 acres of land, more or less, being the land conveyed
to the County of Goliad by William J. O'Connor on July 15, 1935, as
shown by deed of such date duly recorded in Volume 77, Page 565, of
the Deed Records of Goliad County, Texas, on July 17, 1935, and to
which reference is here made for all pertinent purposes.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.084. IMPROVEMENTS. The department may construct,
maintain, and repair historical and recreational structures and
facilities in the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.085. REVERSION OF TITLE; MINERAL
RESERVATION. (a) If the state ceases to use the General Ignacio
Zaragoza Birthplace or the Mission of San Rosario as park land, all
right, title, and interest shall revert to Goliad County.
(b) All minerals under the land accepted as the Mission of
San Rosario are excepted from any conveyance to the state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER G. MISSION SAN FRANCISCO DE LOS TEJAS STATE PARK
§ 22.091. FACILITIES; PARK SITE. (a) The department
may construct and repair facilities for recreational and other
appropriate purposes at Mission San Francisco de los Tejas State
Park.
(b) The original boundaries of the park include portions of
Hardy Ware Survey, Abstract 1240, situated on the N side of Highway
No. 21, about 21 miles NE from the City of Crockett, and being the
same tracts of land conveyed to the State of Texas for the use and
benefit of the Agricultural and Mechanical College of Texas, more
particularly described by the following deeds, to-wit:
Deed from Mrs. Kittie A. Cook, surviving widow of T. S.
Cook, deceased, dated October 16, 1939, recorded in Book 200, page
533, Deed Records of Houston County, Texas;
Deed from Southern Pine Lumber Company, dated September
20, 1935, recorded in Book 170, page 367, Deed Records of Houston
County, Texas;
Deed from Mrs. Kittie A. Cook, surviving widow of T. S.
Cook, deceased, dated February 1, 1935, recorded in Book 166, page
141, Deed Records of Houston County, Texas;
Deed from C. H. Callaway, Trustee, dated January 3,
1935, recorded in Volume 164, page 543, Deed Records of Houston
County, Texas.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.092. TIMBER SALE. (a) The department may sell
timber from land in the park and may use timber of the park to repair
or construct improvements in the park.
(b) Timber may be cut for salvage purposes only or under
good forestry practices with the advice of the Texas Forest
Service.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.093. COMPETITIVE BIDS. (a) Timber may be sold on
competitive bids only. The contract shall be awarded to the party
submitting the highest and best bid in the judgment of the Texas
Forest Service and then approved by the department.
(b) All bids shall be kept on file by the Texas Forest
Service and are public records.
(c) The Texas Forest Service may reject any or all bids and
readvertise for new bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.094. ADVERTISING FOR BIDS. (a) The Texas Forest
Service shall advertise for the sale of the timber for two weeks in
at least one weekly newspaper published and circulated in Houston
County.
(b) The advertisement must contain the necessary
information pertaining to the timber sale and the time and place for
receiving bids.
(c) The first advertisement must be at least 10 days before
the date of receiving bids.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.095. DISPOSITION OF FUNDS. Money received from the
sale of timber cut from the park shall be placed 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, § 45, eff.
Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 679, § 23, eff. Sept. 1,
1993.
SUBCHAPTER H. PORT ISABEL LIGHTHOUSE STATE HISTORICAL MONUMENT AND
PARK
§ 22.101. JURISDICTION. The Port Isabel Lighthouse is a
state historical monument and park and is under the jurisdiction of
the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.102. POWERS OF DEPARTMENT. The department may
rehabilitate, maintain, and preserve the property of the park, and
may collect entrance fees for admission to the park or operate it on
a concession basis under the provisions of this code.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER I. HUECO TANKS STATE PARK
§ 22.111. CONTROL. The department has control of Hueco
Tanks State Park and shall improve, preserve, restore, and protect
the land and property in the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.112. ACCEPTANCE OF GIFTS. The department may
accept gifts for constructing, building, advertising, or creating
the park, including gifts for public exhibition that relate to the
history of the park or the state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.113. TITLE TO PARK. The title of the land known as
Hueco Tanks in El Paso County is in the name of the state and is
subject to limitations, conditions, and exceptions made by the
former owners and approved by the department or the department's
predecessor.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER J. STEPHEN F. AUSTIN STATE PARK
§ 22.121. JURISDICTION. Stephen F. Austin State Park is
under the jurisdiction of the department. The department shall
improve, preserve, and protect the land in the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER K. NIMITZ STATE PARK
§ 22.151. JURISDICTION. The Nimitz State Park, located
near Fredericksburg in Gillespie County, is under the jurisdiction
of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.152. POWERS OF DEPARTMENT. The department may:
(1) accept gifts for the construction, building, or
advertising of the park;
(2) accept gifts for exhibition dealing with the
history or life of Fleet Admiral Chester W. Nimitz;
(3) advertise the affairs of the park;
(4) make rules and regulations for administration of
the park;
(5) hire personnel necessary to carry out its duties;
(6) grant concessions; and
(7) operate and maintain the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER L. EISENHOWER STATE PARK
§ 22.161. JURISDICTION. The Eisenhower State Park,
located near Lake Texoma in Grayson County, is under the
jurisdiction of the department.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.162. POWERS OF DEPARTMENT. The department may:
(1) accept gifts for the construction, building, or
advertising of the park;
(2) accept gifts for exhibition dealing with the
history or life of Dwight D. Eisenhower;
(3) advertise the affairs of the park;
(4) make rules and regulations for administration of
the park;
(5) hire personnel necessary to carry out its duties;
(6) grant concessions; and
(7) operate and maintain the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.163. DEFINITIONS. As used in this subchapter:
(1) "Impacted property" means that real property
located in Grayson County adjacent to or near the western end of
Eisenhower State Park that is described as:
(A) Lots 54-79 in "Elm Ridge Homesite Area" as
described on a survey and plat of this area by B. & B. Engineering
Co. in May, 1958, recorded in Plat Book 1, Page 73, Deed Records,
Grayson County, Texas; and
(B) the East one-half and the West one-half of a
60.49 acre tract being part of the survey patented to Alan Carter,
Abstract No. 231, dated June 22, 1851, and also being part of the J.
A. Sadler 380 acre tract except the 316.05 acres thereof described
in a deed to the United States of America, recorded in Volume 432,
Page 389, Deed Records, Grayson County, Texas.
(2) "Owner" means the owner or a lessee of impacted
property.
(3) "Guest" means a business or personal guest or an
employee of an owner of impacted property.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.164. RIGHT TO USE ROADS. (a) Owners, their family
members, and their guests may use the roads of the park without
charge for egress from or ingress to the impacted property when
traveling between the impacted property and points east of the
park.
(b) Owners, their family members, and their guests may use
throughout the year whatever road is maintained by the department
for travel by automobiles between the eastern and western points of
the park and may enter the park at the points at which they were able
to enter the park and its roads prior to November 1, 1968, or other
reasonably located points the department may direct by regulation.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.165. PERMITS. (a) The department may require
owners, their family members, and their guests to obtain permits
for entrance into and use of park roads under this subchapter.
(b) Permits shall be issued automatically on presentation
of proper identification.
(c) Permits are valid for at least one year and shall be
automatically renewed for owners and their family members.
(d) Permits for guests of owners shall be valid for the
period of time requested by the owner.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER M. GOVERNOR JAMES STEPHEN HOGG MEMORIAL SHRINE
§ 22.171. GOVERNOR HOGG MEMORIAL. The Governor James
Stephen Hogg Memorial Shrine, located near Quitman, Wood County, is
established.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER N. ACQUISITION OF CERTAIN STATE PARKS
§ 22.181. SPANISH MISSIONS. (a) The department may
acquire the following Spanish Mission sites, located in Milam
County:
(1) Nuestra Senora de la Candelaria;
(2) San Francisco Xavier de los Dolores; and
(3) San Ildefonso.
(b) The department may acquire the sites with available or
appropriated funds or may accept gifts for acquisition,
construction, or restoration of the sites.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.182. TEXAS STATE RAILROAD. (a) Except as
provided in Subsection (b) of this section, the department may
operate any part of the Texas State Railroad as a part of the state
parks system for park and recreational purposes. All revenues
collected from leases or concessions shall be deposited in the
state treasury to the credit of the state parks account.
(b) The board of managers of the Texas State Railroad shall
exercise control and management of the right-of-way and trackage of
the Texas State Railroad from Mile Post 0.0 at Palestine, extending
eastwardly to Mile Post 3.69, and exercise the powers, duties, and
authority over this right-of-way and trackage that are granted to
them by Chapter 58, Acts of the 53rd Legislature, Regular Session,
1953 (Article 6550(a), Vernon's Texas Civil Statutes).
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 24, eff. Sept. 1,
1993.
§ 22.183. HUBBARD LAKE. (a) The department may
create, develop, operate, and maintain a state park on the land
donated by the West Central Texas Municipal Water District located
on Hubbard Lake in Stephens County.
(b) The department may accept additional gifts of any
adjoining land or interest in land donated by the West Central Texas
Water Municipal District to enlarge the park created by Subsection
(a) of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 22.184. FISHING PIERS. (a) The department may
repair and maintain the old causeway across Copano Bay on Highway 35
in Aransas County and the old causeway across Lavaca Bay on Highway
35 in Calhoun County as public fishing piers and recreation areas.
(b) The department and the Texas Department of
Transportation may solicit and receive gifts of labor and materials
for the construction and improvement of the fishing piers.
(c) The department may grant concessions to persons
allowing the concessioners to charge for use of the piers and
approaches.
(d) All revenue received under this section shall be
deposited 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 1993, 73rd Leg., ch. 679, § 25, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 165, § 22(65), eff. Sept. 1,
1995.
SUBCHAPTER O. MATAGORDA ISLAND STATE PARK AND WILDLIFE MANAGEMENT
AREA
§ 22.201. MATAGORDA ISLAND STATE PARK AND WILDLIFE
MANAGEMENT AREA. (a) The Matagorda Island State Park and
Wildlife Management Area is established under the jurisdiction of
the department to be used for public recreational and wildlife
conservation purposes as a state park and to be used as a wildlife
management area.
(b) The Matagorda Island State Park and Wildlife Management
Area consists of all land, including tideland, submerged land, and
beaches, on Matagorda Island in Calhoun County belonging to the
state on June 1, 1979, other than permanent school fund land, and
any other land on Matagorda Island acquired after that date by the
department for inclusion in the park and wildlife management area.
Added by Acts 1979, 66th Leg., p. 254, ch. 132, § 1, eff. May 9,
1979. Amended by Acts 1983, 68th Leg., p. 121, ch. 28, § 1, eff.
April 19, 1983.
§ 22.202. DEDICATED LAND. All land within the Matagorda
Island State Park and Wildlife Management Area on June 1, 1979, and
all land included within the park and management area after that
date are dedicated for park and wildlife management area purposes.
Added by Acts 1979, 66th Leg., p. 254, ch. 132, § 1, eff. May 9,
1979.
SUBCHAPTER P. FRANKLIN MOUNTAINS STATE PARK
§ 22.221. PARK ESTABLISHED: JURISDICTION OF
DEPARTMENT. The Franklin Mountains State Park is established
under the jurisdiction of the department.
Added by Acts 1979, 66th Leg., p. 1804, ch. 736, § 1, eff. Aug.
27, 1979. Redesignated from § 22.201 by Acts 1981, 67th Leg., p.
3272, ch. 860, § 1, eff. Aug. 31, 1981.
§ 22.222. DEPARTMENT TO ACQUIRE PARK LAND. (a) The
department shall acquire by purchase, gift, lease, or condemnation
all of the land described in Section 2 of the Act that added this
subchapter to this code.
The department may acquire the mineral interests in the land to be acquired.
(b) A lease executed under this section may only be from a
public entity. A lease executed under this section from the state
may not exceed 30 years and may be renewed on its expiration. A
lease executed under this section from any other public entity is
not limited to any term of years. For purposes of this subsection,
"public entity" means an agency or instrumentality of federal,
state, or local government, including the board of directors of a
municipally owned utility system.
(c) The department shall acquire the land with money from
the Texas Park Development Fund, or any fund or account created to
finance the acquisition of state parks.
(d) The department may expend funds for the operation and
maintenance of the Franklin Mountains State Park.
Added by Acts 1979, 66th Leg., p. 1804, ch. 736, § 1, eff. Aug.
27, 1979. Redesignated from § 22.202 and amended by Acts 1981,
67th Leg., p. 3272, ch. 860, § 1, eff. Aug. 31, 1981. Amended by
Acts 1985, 69th Leg., ch. 267, art. 1, § 74, eff. Sept. 1, 1985;
Acts 1987, 70th Leg., ch. 304, § 1, eff. Aug. 31, 1987; Acts
1989, 71st Leg., ch. 383, § 3, eff. June 14, 1989; Acts 1993,
73rd Leg., ch. 679, § 26, eff. Sept. 1, 1993.
§ 22.223. CONDEMNATION. (a) If necessary for the
acquisition of the Franklin Mountains State Park, the department
shall institute condemnation proceedings according to the laws of
this state against any person, including a governmental entity.
(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.
Added by Acts 1979, 66th Leg., p. 1804, ch. 736, § 1, eff. Aug.
27, 1979. Redesignated from § 22.203 by Acts 1981, 67th Leg., p.
3272, ch. 860, § 1, eff. Aug. 31, 1981.
SUBCHAPTER Q. FLEET ADMIRAL CHESTER W. NIMITZ MEMORIAL NAVAL MUSEUM
§ 22.231. MUSEUM JURISDICTION. The Fleet Admiral
Chester W. Nimitz Memorial Naval Museum is under the jurisdiction
of the department.
Added by Acts 1981, 67th Leg., p. 928, ch. 343, § 1, eff. Sept. 1,
1981. Redesignated from § 22.221 by Acts 1987, 70th Leg., ch.
167, § 5.01(a)(35), eff. Sept. 1, 1987.
§ 22.232. POWERS OF DEPARTMENT. With respect to the
Nimitz museum and in addition to its other powers and duties, the
department:
(1) shall foster and commemorate the memory of the era
of supreme United States naval power upon the seas and the men and
women of the armed services whose gallant and selfless dedication
to duty made this era possible;
(2) shall administer the Fleet Admiral Chester W.
Nimitz Memorial Naval Museum at Fredericksburg;
(3) shall act in any other capacity relative to
preserving naval documents, relics, and other items of historical
interest;
(4) may employ and discharge a museum director and
other employees it deems necessary to fulfill its duties and
responsibilities within the limits of funds available;
(5) may accept on behalf of the State of Texas
donations of money, property, and historical relics related to the
museum's theme; and
(6) may acquire property and historical relics by
purchase within the limits of funds available.
Added by Acts 1981, 67th Leg., p. 928, ch. 343, § 1, eff. Sept. 1,
1981. Redesignated from § 22.222 by Acts 1987, 70th Leg., ch.
167, § 5.01(a)(35), eff. Sept. 1, 1987.
§ 22.233. REVENUE BONDS FOR MUSEUM. (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,
expansion, and equipping of the Nimitz museum for one or more
projects not to exceed an aggregated estimated cost of $9 million.
(b) On receipt of a request by the department under this
section, the Texas Public Finance Authority shall promptly issue
the bonds or other revenue obligations under and in accordance with
Chapter 1232, Government Code.
(c) The department shall deposit the proceeds of revenue
bonds or other revenue obligations issued under this section to the
credit of the Texas parks and wildlife conservation and capital
account and may use the proceeds only to finance the repair,
renovation, improvement, expansion, and equipping of the museum.
(d) Notwithstanding any other law, the department may
contract with the Admiral Nimitz Foundation for the renovation,
improvement, or expansion of the museum.
(e) The department may accept contributions from the
Admiral Nimitz Foundation and other sources in connection with the
repair, renovation, improvement, expansion, equipping, or
operation of the museum.
Added by Acts 2001, 77th Leg., ch. 948, § 1, eff. June 14, 2001.
SUBCHAPTER S. TRINITY RIVER STATE PARK
§ 22.251. PARK ESTABLISHED: JURISDICTION OF
DEPARTMENT. The Trinity River State Park is established under the
jurisdiction of the department on property that may be acquired
according to this Act.
Added by Acts 1983, 68th Leg., p. 5356, ch. 983, § 3, eff. Aug.
29, 1983.
§ 22.252. DEPARTMENT TO ACQUIRE PARK LAND. (a) The
department may acquire by purchase, gift, lease, or condemnation
all of the land described in Section 4 of the Act that added this
subchapter to this code. The department may acquire the mineral
interests in that land.
(b) A lease executed under this section from the state may
not exceed 30 years and may be renewed on its expiration. A lease
executed under this section from any other public entity is not
limited to any term of years. For purposes of this subsection,
"public entity" means an agency or instrumentality of federal,
state, or local government, including the board of directors of a
municipally owned utility system.
(c) The department may acquire the land with money from the
urban park fund.
(d) The department may expend funds for the operation and
maintenance of the Trinity River State Park.
(e) The department will honor all existing easements on the
property to be acquired under this Act, as well as all existing
permits to pump water from the Trinity River and to discharge water
into the Trinity River.
Added by Acts 1983, 68th Leg., p. 5356, ch. 983, § 3, eff. Aug.
29, 1983. Amended by Acts 1985, 69th Leg., ch. 267, art. 1, § 76,
eff. Sept. 1, 1985.
§ 22.253. CONDEMNATION. (a) If necessary for the
acquisition of the Trinity River State Park, the department may
institute condemnation proceedings according to the laws of this
state against any person, including a governmental entity.
(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 may be 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.
Added by Acts 1983, 68th Leg., p. 5356, ch. 983, § 3, eff. Aug.
29, 1983.
§ 22.254. POWERS OF CITY OF DALLAS. (a) Nothing in
this Act shall preclude or prohibit the city of Dallas from
initiating, developing, completing, extending, or maintaining any
project, as described in Subsection (b) of this section, whether
the project may be located within, partially within, or adjacent to
the boundaries of Trinity River State Park.
(b) For purposes of this section, the city of Dallas by
ordinance or resolution of the governing body may approve and
authorize any or all of the following:
(1) the development of a lake to be located within the
flood plain of the Trinity River within the city of Dallas;
(2) the extension of Trinity River flood controls
which shall include but not be limited to the construction of
drainage channels, swales, levees, and associated flood control
appurtenances in the Trinity River flood plain which may be
constructed and maintained within the boundaries of Trinity River
State Park;
(3) the extension of Simpson Stuart Road at the point
where it may cross the flood plain of the Trinity River; and
(4) the construction of swales in or adjacent to the
natural channel of the Trinity River as necessary to provide offset
capacity for full utilization of the McCommas Bluff Reclamation
landfill.
(c) If the city of Dallas approves a project, as authorized
by this section, the department shall grant the city of Dallas
access to land within Trinity River State Park and whatever
permissions are necessary in order to attain the purposes of the
project.
(d) For purposes of this section, Chapter 276, Acts of the
61st Legislature, Regular Session, 1969 (Article 5421q, Vernon's
Texas Civil Statutes), does not apply.
Added by Acts 1983, 68th Leg., p. 5356, ch. 983, § 3, eff. Aug.
29, 1983.
SUBCHAPTER T. BATTLESHIP "TEXAS"
§ 22.261. JURISDICTION. The Battleship "Texas" is
under the jurisdiction of the department.
Added by Acts 1983, 68th Leg., p. 2190, ch. 407, § 1, eff. Sept.
1, 1983. Redesignated from § 22.251 by Acts 1987, 70th Leg., ch.
167, § 5.01(a)(36), eff. Sept. 1, 1987.
