PARKS AND WILDLIFE CODE
CHAPTER 23. NATIONAL PARKS, NATIONAL SEASHORES, AND OTHER FEDERAL
LANDS
SUBCHAPTER A. BIG BEND NATIONAL PARK
§ 23.001. LIMITED JURISDICTION RETAINED. The state
retains jurisdiction in the Big Bend National Park, concurrently
with the United States, as though cession had not occurred, for:
(1) the service of criminal and civil process, issued
under the authority of the state, on any person amenable to service;
and
(2) the assessment and collection of taxes on the
sales of products and commodities and on franchises and property.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 23.002. PARK RESIDENTS MAY VOTE. A person residing in
Big Bend National Park may vote in all elections in the county of
his residence, subject to the same conditions as other residents of
the county, as though cession had not occurred.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER B. PADRE ISLAND NATIONAL SEASHORE
§ 23.011. LIMITED JURISDICTION RETAINED. The state
retains jurisdiction in the Padre Island National Seashore,
concurrently with the United States, as though cession had not
occurred, for:
(1) the service of criminal and civil process, issued
under the authority of the state, on any person amenable to service;
and
(2) the assessment and collection of taxes on the
sales and use, or the gross receipts from the sales, of products and
commodities and on franchises, properties, and incomes.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 23.012. SEASHORE RESIDENTS MAY VOTE. A person
residing in the Padre Island National Seashore may vote in all
elections in the county of his residence, subject to the same
conditions as other residents of the county, as though cession had
not occurred.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 23.013. REGULATIONS OF RAILROAD COMMISSION. (a) The
Railroad Commission shall send by certified mail to the Secretary
of Interior of the United States a copy of each proposed rule or
regulation affecting mineral rights reserved in deeds conveying
land in the Padre Island National Seashore to the United States.
(b) The Department of Interior has 30 days from the day a
copy of a proposed rule or regulation is received to send to the
Railroad Commission its objections or exceptions. An objection or
exception must be sent by certified mail. Thereupon, a rule or
regulation, with amendments, if any, promulgated by the Railroad
Commission, takes effect.
(c) The development and recovery of minerals in the Padre
Island National Seashore shall be carried out in a manner that does
not unreasonably interfere with the use of the land for park
purposes.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 23.014. REVERSION TO STATE. (a) Any deed executed by
the state to the United States for the creation of Padre Island
National Seashore becomes null and void on the initiation by any
elected or appointed agent, officer, or employee of the United
States, or by any agency or department of the United States, of a
suit at law or in equity in any federal court to enlarge or expand
the title, right, or interest granted by the deed. When a deed
becomes void under this subsection, the land immediately reverts to
the state.
(b) Unless reversion is waived by the legislature during the
biennium following the happening of a condition of reversion, all
state-owned land conveyed to the United States for the creation of
the Padre Island National Seashore reverts to the state and to the
fund or account to which it belonged before conveyance if:
(1) the United States fails to acquire two-thirds of
all privately owned land in the area described by Section 1, Chapter
38, Acts of the 58th Legislature, 1963, within 10 years after the
date that the state-owned land was acquired; or
(2) the United States fails to use as a national
seashore the privately owned land it has acquired.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1993, 73rd Leg., ch. 679, § 27, eff. Sept. 1,
1993.
§ 23.015. CONSENT FOR ACQUISITION OF NAVIGATION DISTRICT
LAND. The Willacy County Navigation District may consent to the
acquisition of surface land for inclusion in Padre Island National
Seashore. Interests in surface estates, spoil banks, easements,
and rights-of-way controlled by the district in the Padre Island
National Seashore shall be used for public purposes only.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 23.016. ROADS. The Secretary of Interior is requested
to provide roads from the north boundary of Padre Island National
Seashore and from the Port Mansfield cut to the access highways from
the mainland.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER C. GUADALUPE MOUNTAINS NATIONAL PARK
§ 23.031. LIMITED JURISDICTION RETAINED. The state
retains jurisdiction in the Guadalupe Mountains National Park,
concurrently with the United States, as though cession had not
occurred, for:
(1) the service of criminal and civil process, issued
under the authority of the state, on any person amenable to service;
and
(2) the assessment and collection of taxes on sales
and use, or the gross receipts from the sales, of products and
commodities and on franchises, properties, and incomes.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 23.032. PARK RESIDENTS MAY VOTE. A person residing in
the Guadalupe Mountains National Park may vote in all elections in
the county of his residence, subject to the same conditions as other
residents of the county, as though cession had not occurred.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 23.033. RECONVEYANCE OF TITLE. If any of the land
described by the drawing entitled "Proposed Guadalupe Mountains
National Park, Texas," numbered SA-GM-7100C, dated February, 1965,
and on file in the offices of the National Park Service and the
Secretary of State of Texas ceases to be used for the Guadalupe
Mountains National Park, the state may require a reconveyance,
without consideration, of the mineral rights conveyed for the
creation of the park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
§ 23.034. MINERAL RIGHTS IN PARK. (a) The state
reserves a preferential right, without consideration to the United
States, to lease all mineral rights and interests that were
conveyed by the state for the establishment of the Guadalupe
Mountains National Park if:
(1) Congress declares by an act that the national
welfare or an emergency requires the development and production of
minerals in the park; and
(2) Congress authorizes the Secretary of Interior of
the U. S. to lease park land for drilling, mining, developing, or
producing minerals.
(b) If oil, gas, or other minerals are discovered and
produced in commercial quantities from land outside the park
sufficient to cause drainage of minerals from in the park and the
Secretary of Interior participates in a communitization agreement
or takes other action to protect the rights of the United States,
the state retains its right to its proper share of the proceeds of
the agreement or action. The state's proper share is not less than
all bonuses, rentals, and royalties attributable to mineral rights
conveyed to the United States for the establishment of Guadalupe
Mountains National Park.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
SUBCHAPTER D. FEDERAL LANDS
§ 23.041. AGREEMENTS FOR WILDLIFE MANAGEMENT. The
department may agree with the proper agency of the United States for
the protection and management of wildlife resources and for
restocking desirable species of wildlife on federal lands in the
state.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 20, eff. Sept. 1,
1997.
§ 23.042. WILDLIFE RESOURCES DEFINED. In this
subchapter, "wildlife resources" means all wild birds, wild
animals, and aquatic animal life.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 20, eff. Sept. 1,
1997.
§ 23.043. HUNTING AND FISHING REGULATIONS. The
commission, under Chapter 61 or Subchapter E, Chapter 81, may
provide for open seasons for hunting and fishing on federal lands
for which the department has entered into a wildlife management
agreement under this subchapter.
Acts 1975, 64th Leg., p. 1405, ch. 545, § 1, eff. Sept. 1, 1975.
Amended by Acts 1997, 75th Leg., ch. 1256, § 20, eff. Sept. 1,
1997.
§ 23.044. PENALTY. A person who violates any rule or
regulation of the commission adopted under this subchapter or who
hunts or fishes on federal lands included in a wildlife management
agreement under this subchapter at any time other than the open
season 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, § 8, eff. Sept.
1, 1985; Acts 1997, 75th Leg., ch. 1256, § 20, eff. Sept. 1,
1997.
