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Texas Parks and Wildlife Code - Chapter 11 Parks And Wildlife DepartmentLegal Research Home > Texas Lawyer > Parks and Wildlife Code > Texas Parks and Wildlife Code - Chapter 11 Parks And Wildlife Department 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 ... 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 ... 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 ... (a) The commission by rule may prescribe the proof required to demonstrate residency in this state for the purpose of obtaining a license or permit ... 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. ... 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 ... (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 ... 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) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ... 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 ... 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 ... (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 ... (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 ... 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 ... 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 ... (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 ... (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) In this section, "major decision" means a decision in which a vote is taken on: (1) a rule; (2) a proclamation; (3) a contract; ... 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 ... (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 ... (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 commission may appoint an executive director who is the chief executive officer of the department and performs its administrative duties. The director serves at ... (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 ... (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 ... (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 ... 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 ... (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 ... (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 ... (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 ... 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 ... (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 ... (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 ... (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 ... 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 ... (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 ... 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 ... 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 ... 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, ... (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), ... (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 ... (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) An employee of the state parks division of the department may accept a gratuity if: (1) the employee, as a primary job duty, serves ... (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 ... (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) The department may conduct public drawings to select applicants for public fishing or other special events privileges. The department may charge each person who ... (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 ... 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 ... (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 ... There is in the state treasury an account called the "game, fish, and water safety account." Acts 1975, 64th Leg., p. 1405, ch. 545, § ... (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 ... (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) ... 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 ... (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 ... (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 ... (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 ... (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 ... (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 ... 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 ... (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 ... (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 ... 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, ... (a) The off-highway vehicle trail and recreational area account is a separate account in the general revenue fund. (b) The department shall deposit to the ... Money in the off-highway vehicle trail and recreational area account may be used only for expenditures necessary under Chapter 29 to: (1) acquire, construct, develop, ... 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 ... 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, ... (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, ... (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 ... (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. ... (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 ... The lifetime license endowment account is a separate account in the general revenue fund. Added by Acts 1985, 69th Leg., ch. 267, art. 1, § ... (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; ... 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 ... 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., ... The commission shall adopt rules for the investment of the lifetime license endowment account. Added by Acts 1985, 69th Leg., ch. 267, art. 1, § ... 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 ... (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 ... 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, ... This subchapter does not affect the regulatory authority of the Railroad Commission of Texas. Added by Acts 1985, 69th Leg., ch. 267, art. 1, § ... 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 ... (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 ... (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 ... (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 ... (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 ... 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 ... In this subchapter, "conservation" includes the conservation of historical, natural, recreational, and wildlife resources. Added by Acts 2001, 77th Leg., ch. 968, § 25, eff. ... (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) ... (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) ... (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; ... 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 ... 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 ... 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 ... 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 ... (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 ... (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, ... (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 ... 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 ... 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 ... (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 ... (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 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, ... (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 ... (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 ... (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) ... Texas Lawyers
Last modified: August 10, 2007 |