SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 11.001 - Definitions
In this code: (1) "Commission" means the Parks and Wildlife Commission. (2) "Department" means the Parks and Wildlife Department. (3) "Director" means the executive director...
- Texas Section 11.002 - Policy Implementation
The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the director and the...
- Texas Section 11.003 - Applicability Of Certain State Law Requirements
A requirement under state law that a law enforcement agency adopt a policy that requires the collection and reporting of information relating to persons detained...
- Texas Section 11.004 - Rules Relating To Residency For Hunting And Other Purposes
(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...
SUBCHAPTER B ORGANIZATION OF DEPARTMENT
- Texas Section 11.005 - Social Security Numbers Of Certain Minors
(a) The commission may not adopt rules that require a person 13 years of age or younger who applies for a license under Chapter 42,...
- Texas Section 11.011 - Parks And Wildlife Department
The Parks and Wildlife Department is established as an agency of the state. It is under the policy direction of the Parks and Wildlife Commission....
- Texas Section 11.0111 - Sunset Provision
The Parks and Wildlife Department is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the...
- Texas Section 11.012 - Commission
(a) The commission consists of nine members appointed by the governor with the advice and consent of two-thirds of the members of the senate present...
- Texas Section 11.0121 - Qualifications
A person may not be a public member of the commission if the person or the person's spouse: (1) is registered, certified, or licensed by...
- Texas Section 11.0122 - Conflict Of Interest
(a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist...
- Texas Section 11.0123 - Lobbyist Prohibition
A person may not be a member of the commission or act as the general counsel to the commission or the department if the person...
- Texas Section 11.0124 - Discrimination In Appointments Prohibited
Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. Added by...
- Texas Section 11.0125 - Removal Of A Commission Member
(a) It is a ground for removal from the commission that: (1) a public member does not have at the time of taking office the...
- Texas Section 11.0126 - Training Program For Commission Members
(a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as...
- Texas Section 11.013 - Terms
The members of the commission hold office for staggered terms of six years, with the terms of three members expiring every two years. Each member...
- Texas Section 11.014 - Presiding Officer
(a) The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure...
- Texas Section 11.015 - Meetings, Quorum
(a) The commission may meet as often as is necessary but shall meet at least once during each quarter of the year. Five members constitute...
- Texas Section 11.0151 - Public Hearings
(a) In this section, "major decision" means a decision in which a vote is taken on: (1) a rule; (2) a proclamation; (3) a contract;...
- Texas Section 11.016 - Expenses, Per Diem
Members of the commission are entitled to reimbursement for their actual expenses incurred in attending meetings and to the per diem as provided in the...
- Texas Section 11.0161 - Notification Of Commission Activities; Complaints
(a) The commission shall prepare information of public interest describing the functions of the commission. The commission shall make the information available to the general...
- Texas Section 11.0162 - Advisory Committees To Commission
(a) The presiding officer may appoint committees to advise the commission on issues under its jurisdiction. (b) The presiding officer may adopt rules that set...
- Texas Section 11.0163 - Use Of Technology
The commission shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions. The policy...
- Texas Section 11.0164 - Negotiated Rulemaking And Alternative Dispute Resolution Procedures
(a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the...
- Texas Section 11.017 - Executive Director
The commission may appoint an executive director who is the chief executive officer of the department and performs its administrative duties. The director serves at...
- Texas Section 11.0171 - Authority To Contract
(a) Subject to Section 12.0251, for the purpose of carrying out the powers, duties, and responsibilities of the department, the executive director, or the executive...
- Texas Section 11.0172 - Limit On Contracts For Publications
(a) In this section: (1) "Publication" includes the publication of a book, magazine, photograph, poster, or bulletin. (2) "Youth" means an individual younger than 17...
- Texas Section 11.0173 - Prohibition On Tobacco Advertising
(a) In this section, "publication" includes the publication of a book, magazine, photograph, poster, or bulletin. (b) The department may not accept an advertisement that...
- Texas Section 11.0174 - Internal Affairs Office
(a) The executive director shall establish the office of internal affairs. (b) The office of internal affairs has original departmental jurisdiction over all investigations of...
- Texas Section 11.018 - Employees
The director may appoint heads of divisions, law enforcement officers, park managers, and other employees authorized by appropriations and necessary for administering the duties and...
- Texas Section 11.0181 - Employees As Educators And Outreach Proponents
(a) Employees of the department through education and outreach shall: (1) expand the wise use and conservation of fish and wildlife resources; and (2) increase...
- Texas Section 11.0182 - Employee Fund-raising
(a) This section applies only to the solicitation or receipt of a gift, including money, that has a value of $500 or more. (b) The...
- Texas Section 11.019 - Employees As Peace Officers
(a) The director may commission as peace officers any of the employees provided for in the general appropriations act. (b) Law enforcement officers commissioned by...
- Texas Section 11.0191 - Enforcement Of Code
Law enforcement officers commissioned by the director and any other peace officers have the authority to enforce all provisions of this code. Added by Acts...
- Texas Section 11.0192 - Purchase Of Badge By Retiring Peace Officer Or Survivor
(a) A peace officer commissioned by the director who is honorably retired from his commission by the department may purchase for an amount set by...
- Texas Section 11.0193 - Purchase Of Firearm From Department By Commissioned Peace Officer
(a) An employee commissioned by the director as a peace officer may purchase for an amount set by the department, not to exceed fair market...
- Texas Section 11.0195 - Use Of Funds To Support Peace Officer Training
The department, subject to director approval, may use appropriated funds to purchase food and beverages for training functions required of peace officers of the department....
- Texas Section 11.020 - Deputy Game Wardens
(a) The director may commission deputy game wardens to serve at the will of the director. Provided, however, that no deputy game warden commissioned under...
- Texas Section 11.0201 - Special Game Wardens
(a) The director may commission as a special game warden an honorably retired commissioned game warden of the department. (b) An applicant for a special...
- Texas Section 11.021 - Information Concerning Qualifications And Responsibilities
The director or the director's designee shall provide to commission members and department employees, as often as necessary, information regarding the requirements for office or...
- Texas Section 11.022 - Equal Opportunity Employment
(a) The director or the director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure...
- Texas Section 11.023 - Career Ladder Program
The director or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry level...
- Texas Section 11.024 - Performance Evaluations
The director or his designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for department employees must...
- Texas Section 11.025 - Audit
The financial transactions of the department are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Added by Acts 1985,...
- Texas Section 11.0255 - Evaluation Of Construction Projects
(a) The department shall calculate the costs of each department construction project as the project is completed. (b) In calculating the costs under Subsection (a),...
- Texas Section 11.026 - Gifts Of Property Or Money
(a) Except as provided by Subsection (b), the department may accept gifts of property or money in support of any department purpose authorized in this...
- Texas Section 11.0261 - Prohibition Against Acceptance Of Gifts, Gratuities, And Other Things Of Value; Exception
(a) Except as provided by Subsection (b), a person who is a member of the commission or an employee of the department may not accept...
- Texas Section 11.0262 - Certain Gratuities Authorized
(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...
- Texas Section 11.027 - Establishment Of Fees; Revenue
(a) In setting the amounts of the fees authorized by this code, the commission shall establish reasonable and necessary fees for the administration of department...
- Texas Section 11.0271 - Public Hunting Drawing; Fees
(a) The department may conduct public drawings to select applicants for public hunting privileges. The department may charge each person who participates in the drawing...
- Texas Section 11.0272 - Public Fishing And Special Events Drawing; Fees
(a) The department may conduct public drawings to select applicants for public fishing or other special events privileges. The department may charge each person who...
- Texas Section 11.028 - Volunteer Services
(a) The department may use the services of volunteers to help carry out the duties and responsibilities of the department, provided, however, that volunteers shall...
- Texas Section 11.0281 - Volunteer Liability And Immunity
(a) In this section, "volunteer" means a person rendering services for or on behalf of the department without the expectation of receiving monetary compensation from...
- Texas Section 11.0285 - Donated Building Projects
(a) The department may accept the donation of a turnkey building project on state land provided that the department: (1) approves the plans and engineering...
- Texas Section 11.029 - Administration Of Oaths
Employees of the department who are designated as provided by the commission may administer oaths in connection with the permitting, licensing, and other functions of...
SUBCHAPTER C SPECIAL ACCOUNTS
- Texas Section 11.030 - Disclosure Of Personal Customer Information
(a) The name and address and a telephone, social security, driver's license, bank account, credit card, or charge card number of a person who purchases...
- Texas Section 11.031 - Game, Fish, And Water Safety Account
There is in the state treasury an account called the "game, fish, and water safety account." Acts 1975, 64th Leg., p. 1405, ch. 545, Sec....
- Texas Section 11.032 - Game, Fish, And Water Safety Account; Sources
(a) The game, fish, and water safety account is a separate account in the general revenue fund. (b) The department shall deposit to the credit...
- Texas Section 11.033 - Use Of Game, Fish, And Water Safety Account
(a) To the extent allowed by federal law, money in the game, fish, and water safety account may be used for the following purposes: (1)...
- Texas Section 11.034 - Game, Fish, And Water Safety Account Expenditures
All expenditures of the department from the game, fish, and water safety account must be approved by the director. The comptroller shall draw a warrant...
- Texas Section 11.035 - State Parks Account
(a) The state parks account is a separate account in the general revenue fund. (b) The department shall deposit to the credit of the state...
- Texas Section 11.037 - State Land And Water Conservation Account
(a) The state land and water conservation account is a separate account in the general revenue fund. (b) The department may deposit in the state...
- Texas Section 11.038 - Operating Account
(a) The parks and wildlife operating account is a separate account in the general revenue fund. (b) The commission may transfer any funds appropriated to...
- Texas Section 11.040 - Mistaken Deposit
(a) Any funds deposited in the state treasury by the department by mistake of fact or mistake of law shall be refunded by warrant issued...
- Texas Section 11.041 - Transfer Of Property
(a) The commission may transfer tangible property, other than money or real estate held for limited purposes, from one division of the department to another...
- Texas Section 11.042 - Funds Deposited In Treasury
All money paid to the department under this code or allocated to the department under Section 151.801, Tax Code, other than money received under Subchapter...
- Texas Section 11.043 - Texas Parks And Wildlife Conservation And Capital Account
(a) The Texas parks and wildlife conservation and capital account is a separate account in the general revenue fund. (b) The account consists of: (1)...
- Texas Section 11.044 - Disposition Of Interest On Investments
(a) Interest received from the investment of money in all accounts of the department in charge of the comptroller shall be allocated monthly to each...
- Texas Section 11.045 - Application Of Other Law
Section 403.095, Government Code, does not apply to revenues accruing to an account established under this chapter. Added by Acts 1993, 73rd Leg., ch. 679,...
- Texas Section 11.046 - Off-highway Vehicle Trail And Recreational Area Account
(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...
SUBCHAPTER D SPECIAL NONGAME AND ENDANGERED SPECIES CONSERVATION ACCOUNT
- Texas Section 11.047 - Use Of Off-highway Vehicle Trail And Recreational Area Account
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,...
- Texas Section 11.051 - Definitions
In this subchapter: (1) "Nongame" means those species of vertebrate and invertebrate wildlife that are not classified as game animals, game birds, game fish, fur-bearing...
- Texas Section 11.052 - Special Nongame And Endangered Species Conservation Account
The special nongame and endangered species conservation account is a separate account in the general revenue fund. Added by Acts 1983, 68th Leg., p. 1751,...
- Texas Section 11.053 - Sources Of Account
(a) The department shall deposit to the credit of the special nongame and endangered species conservation account all money received from: (1) private contributions, grants,...
- Texas Section 11.054 - Uses Of Account
(a) Money in the special nongame and endangered species conservation account may be used for the following purposes: (1) dissemination of information pertaining to nongame...
- Texas Section 11.055 - Wildlife Art Prints, Decals, And Stamps
(a) The commission may contract with and pay a person for designing and producing the wildlife art prints, decals, and stamps authorized by this subchapter....
SUBCHAPTER E LIFETIME LICENSE ENDOWMENT ACCOUNT
- Texas Section 11.056 - Costs Of Wildlife Art Prints, Decals, And Stamps
(a) The price of a wildlife art decal or stamp sold under this subchapter is $5.00 or an amount set by the commission, whichever amount...
- Texas Section 11.061 - Lifetime License Endowment Account
The lifetime license endowment account is a separate account in the general revenue fund. Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec....
- Texas Section 11.062 - Sources Of Account
(a) The department shall deposit to the credit of the lifetime license endowment account all money received from: (1) lifetime hunting, fishing, or combination licenses;...
- Texas Section 11.063 - Uses Of Account
Interest earned on the lifetime license endowment account may be used only to: (1) acquire public hunting and fishing areas; and (2) develop, manage, and...
- Texas Section 11.064 - Restrictions
No expenditures shall be made from the principal of the lifetime license endowment account except as provided by law. Added by Acts 1985, 69th Leg.,...
SUBCHAPTER F REGULATION OF MINERAL RECOVERY OPERATIONS ON DEPARTMENT LANDS
- Texas Section 11.065 - Investments
The commission shall adopt rules for the investment of the lifetime license endowment account. Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec....
- Texas Section 11.071 - Regulation Of Mineral Recovery Operations
The commission may regulate the use of department lands for oil, gas, and other mineral recovery and associated activities as the commission considers reasonable and...
- Texas Section 11.072 - Enforcement
(a) If a person has violated, is violating, or is threatening to violate a regulation adopted under this subchapter, the director may have a civil...
- Texas Section 11.073 - Disposition Of Civil Penalties
All civil penalties recovered in suits under this subchapter shall be paid to the appropriate fund or account of the department. Added by Acts 1985,...
SUBCHAPTER G AQUATIC VEGETATION MANAGEMENT
- Texas Section 11.074 - Effect On Other Laws
This subchapter does not affect the regulatory authority of the Railroad Commission of Texas. Added by Acts 1985, 69th Leg., ch. 267, art. 1, Sec....
- Texas Section 11.081 - Definitions
In this subchapter: (1) "Governing entity" means the state agency or other political subdivision with jurisdiction over a public body of surface water. (2) "Integrated...
- Texas Section 11.082 - State Aquatic Vegetation Management Plan
(a) The department shall develop and by rule adopt a state aquatic vegetation management plan following the generally accepted principles of integrated pest management. The...
- Texas Section 11.083 - Local Aquatic Vegetation Management Plan
(a) A governing entity may develop and adopt a local aquatic vegetation management plan. A local plan must be approved by the department, the Texas...
- Texas Section 11.084 - Application Of Aquatic Herbicide In Public Body Of Surface Water
(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...
- Texas Section 11.085 - Liability
(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...
SUBCHAPTER H LAND AND WATER RESOURCES CONSERVATION PLAN
- Texas Section 11.086 - Records
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...
- Texas Section 11.101 - Definition
In this subchapter, "conservation" includes the conservation of historical, natural, recreational, and wildlife resources. Added by Acts 2001, 77th Leg., ch. 968, Sec. 25, eff....
- Texas Section 11.102 - Plan Approval; Hearing Required
(a) The department must obtain approval from the commission for each development plan required by statute for a geographical area managed by the department. (b)...
- Texas Section 11.103 - Inventory
(a) The department shall inventory all land and water associated with historical, natural, recreational, and wildlife resources in this state that are owned by: (1)...
- Texas Section 11.104 - Land And Water Resources Conservation And Recreation Plan
(a) Using the inventory prepared under Section 11.103, the department shall: (1) analyze the state's existing and future land and water conservation and recreation needs;...
- Texas Section 11.105 - Coordination Of Conservation And Recreation Operations
The department shall: (1) consider all resources listed in the inventory prepared under Section 11.103 in conjunction with each other; (2) coordinate department activities related...
SUBCHAPTER I STATEWIDE COMMERCIAL PROJECTS
- Texas Section 11.106 - Exemptions
Section 11.104 does not apply to: (1) property that is part of a fund created or specifically authorized by the constitution of this state that...
- Texas Section 11.151 - Definition
In this subchapter, "statewide commercial project" means a commercial venture undertaken by the department throughout the state, including promotions, sales, or other activities to raise...
- Texas Section 11.152 - Business Plans
Each business plan developed under this subchapter must include: (1) a description of the product or service provided; (2) an analysis of the information necessary...
- Texas Section 11.153 - Department Plan: Operational Strategies
(a) The department shall develop an agency-wide business plan to guide its overall operational strategies for statewide commercial projects. The plan must: (1) use the...
- Texas Section 11.154 - Individual Project Plans
(a) The department shall develop a business plan for each statewide commercial project. The plan must contain: (1) an accurate accounting for all project costs,...
- Texas Section 11.155 - Adjustment Or Termination Of Project For Failure To Meet Financial Objectives
(a) Except as provided by Subsection (b), the department shall adjust or terminate a statewide commercial project that fails to meet the financial objectives stated...
SUBCHAPTER J NONPROFIT PARTNERSHIPS
- Texas Section 11.156 - Contract With Private Sector
The department shall consider contracting out all or part of a statewide commercial project to a private entity or individual, including a nonprofit entity or...
- Texas Section 11.201 - Definitions
In this subchapter: (1) "Nonprofit partner" means a nonpolitical legal entity that: (A) is incorporated under the laws of this state; (B) has been granted...
- Texas Section 11.202 - General Duties
(a) The department may select and cooperate with nonprofit partners to serve department goals. (b) The department must obtain commission approval for each nonprofit partner...
- Texas Section 11.203 - Accountability Of Nonprofit Partners; Investment Restrictions
(a) The commission by rule shall require a nonprofit partner to comply with specified state standards and safeguards for accounting for state assets held by...
- Texas Section 11.204 - Plan
The department shall provide to each nonprofit partner a copy of the plan developed under Section 11.104. Added by Acts 2001, 77th Leg., ch. 968,...
- Texas Section 11.205 - Official Nonprofit Partner
(a) The commission shall designate a single nonprofit partner as the official nonprofit partner of the department, unless the commission determines in writing that no...
- Texas Section 11.206 - Audit Of Official Nonprofit Partner
(a) The official nonprofit partner shall be audited annually by an independent auditor. The partner shall file the audit with the commission. (b) The official...
SUBCHAPTER J-1 FOR-PROFIT PARTNERSHIPS
- Texas Section 11.207 - Expenditures; Limits
(a) The department shall direct, by the terms of the contract or grant, how a nonprofit partner may spend any state money it receives. (b)...
- Texas Section 11.221 - Definitions
In this subchapter: (1) "Official corporate partner" means a for-profit entity that: (A) is designated an official corporate partner by the department; (B) works with...
- Texas Section 11.222 - Selection; Contract
(a) Subject to commission approval, the department may select a for-profit entity as an official corporate partner. (b) The department may contract with one or...
- Texas Section 11.223 - Gifts And Grants; Fund-raising
(a) To raise funds for state site operations and maintenance or other priority projects or programs, an official corporate partner may accept contributions, gifts, grants,...
- Texas Section 11.224 - Use Of Funds
Money received by the department under this subchapter, including money received under a contract or licensing or other agreement or as a gift or grant,...
- Texas Section 11.225 - Rules
The commission shall adopt rules to implement this subchapter, including rules that establish guidelines or best practices for official corporate partners. Added by Acts 2011,...
SUBCHAPTER K MANAGEMENT AND EFFICIENCY REVIEWS
- Texas Section 11.226 - Other Donation Authority Not Limited
This subchapter does not limit the department's authority to accept donations that are otherwise authorized. Added by Acts 2011, 82nd Leg., R.S., Ch. 152 (H.B....
- Texas Section 11.251 - Maintenance Equipment Review System
(a) In this section: (1) "Maintenance equipment" means personal property owned by the department that is used to administer, operate, preserve, repair, expand, or otherwise...
- Texas Section 11.252 - Maintenance Provider Review System
(a) In this section "maintenance" includes the administration, operation, preservation, repair, and expansion of personal property owned by the department and real property owned or...
SUBCHAPTER L GRANT OR LEASE OF LAND
- Texas Section 11.253 - Management Plan And Priorities List
Not later than January 15 of each odd-numbered year the department shall submit to the governor, the speaker of the house of representatives, the lieutenant...
SUBCHAPTER M PRESCRIBED BURNS
- Texas Section 11.301 - Easements
(a) The commission may grant, lease, or renew permanent or temporary right-of-way easements on department land for: (1) public highways, roads and streets, and ditches;...
- Texas Section 11.351 - Definitions
In this subchapter: (1) "Landowner" includes any person who owns, has a property interest in, or leases a parcel of privately owned land or improvements...
- Texas Section 11.352 - Applicability
This subchapter applies only to prescribed burns conducted by the department on state land managed by the department. Added by Acts 2015, 84th Leg., R.S.,...
- Texas Section 11.353 - General And Specific Plan Requirements
(a) The commission by rule shall adopt and shall require the department to implement a general plan for the use of beneficial prescribed burns in...
- Texas Section 11.354 - Notice Requirements
(a) The department shall provide adequate advance notice of the department's intent to conduct a prescribed burn to each neighboring landowner and appropriate local officials...
- Texas Section 11.355 - Insurance
The department shall purchase liability insurance or establish a self-insurance fund as provided by Subchapter B, Chapter 2259, Government Code, for liability coverage for money...
- Texas Section 11.356 - Liability
The department is liable for actual damages for: (1) injury to or destruction of property, bodily injury, or death proximately caused by the wrongful act...
- Texas Section 11.357 - Limitation On Amount Of Liability
Liability of the department under this subchapter is limited to money damages in an amount not to exceed the amount paid by the insurance provider...
- Texas Section 11.358 - Application Of Tort Claims Act
(a) A claim asserted under this subchapter may not also be asserted against the department under Subchapter B, Chapter 101, Civil Practice and Remedies Code,...
SUBCHAPTER M INTELLECTUAL PROPERTY
- Texas Section 11.359 - Waiver Of Governmental Immunity; Permission To Sue
(a) Sovereign immunity to suit is waived and abolished to the extent of liability created by this subchapter. (b) A person having a claim under...
- Texas Section 11.351 - Protection And Use Of Intellectual Property
(a) The department may: (1) apply for, register, secure, hold, and protect under the laws of the United States, any state, or any nation: (A)...