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Texas Statutes, Title PW

Texas/Statutes

← All Texas coverage

Title PW, Parks and Wildlife Code

67 chapters · 1,496 sections in this title.

All chapters in Title PW1,496 Ch 43, Chapter 43153 Ch 11, Chapter 11135 Ch 31, Chapter 31123 Ch 12, Chapter 1297 Ch 22, Chapter 2270 Ch 13, Chapter 1360 Ch 47, Chapter 4753 Ch 62, Chapter 6253 Ch 76, Chapter 7653 Ch 77, Chapter 7752 Ch 66, Chapter 6651 Ch 82, Chapter 8247 Ch 21, Chapter 2137 Ch 86, Chapter 8633

1,496 sections·Filtered byTitle PW✕

Tex. Parks and Wildlife Code § 86.012 Sales of Materials
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Sec. 86.012. SALES OF MATERIALS. (a) The commission, with the approval of the governor, may sell marl, sand, gravel, shell, and mudshell for not less than four cents a ton. (b) The commission may require other terms and conditions for the sale of marl, sand, gravel, shell, and mu…
Tex. Parks and Wildlife Code § 86.013 Use On Roads
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Sec. 86.013. USE ON ROADS. (a) A county, subdivision of a county, city, or town that has a permit to take marl, sand, gravel, shell, or mudshell is not required to purchase marl, sand, gravel, shell, or mudshell taken and used for roads and streets. (b) A county, subdivision of a…
Tex. Parks and Wildlife Code § 86.014 Use For Seawalls, Etc
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Sec. 86.014. USE FOR SEAWALLS, ETC. (a) The commission shall grant to any county, city, or town that is authorized under Subchapter A, Chapter 571, Local Government Code, to build and maintain seawalls a permit for the taking of marl, sand, gravel, shell, or mudshell to be used f…
Tex. Parks and Wildlife Code § 86.015 Sand From Corpus Christi and Nueces Bays
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Sec. 86.015. SAND FROM CORPUS CHRISTI AND NUECES BAYS. Sand and other deposits having no commercial value may be taken from Corpus Christi and Nueces bays for filling and raising the grade of the salt flats in the northern part of the city of Corpus Christi and the lowlands lying…

Showing 1,401–1,450 of 1,496

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Tex. Parks and Wildlife Code § 86.0151 Use To Open Brown Cedar Cut

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Sec. 86.0151. USE TO OPEN BROWN CEDAR CUT. (a) A nonprofit corporation, fund, or foundation exempted from federal income taxes under Section 503(c)(3), Internal Revenue Code of 1954, as amended (26 U.S.C. Sec. 503(c)(3)), may take sand, gravel, marl, shell, and mudshell from Brow…

Tex. Parks and Wildlife Code § 86.0152 Use To Open Cedar Bayou

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Sec. 86.0152. USE TO OPEN CEDAR BAYOU. (a) A nonprofit corporation, fund, or foundation exempted from federal income taxes under Section 501(c)(3), Internal Revenue Code of 1954, as amended (26 U.S.C. Sec. 501(c)(3)), or a political subdivision of the state may take sand, gravel,…

Tex. Parks and Wildlife Code § 86.016 Deposit of Funds

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Sec. 86.016. DEPOSIT OF FUNDS. The proceeds from the sale of marl, sand, gravel, shell, and mudshell shall be deposited in the special game, fish, and water safety account. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1993, 73rd Leg., ch. 67…

Tex. Parks and Wildlife Code § 86.017 Use of Funds

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Sec. 86.017. USE OF FUNDS. (a) Except as provided by Subsection (b), funds collected by the commission from the sale of marl, sand, gravel, shell, and mudshell may be used for: (1) the enforcement of the provisions of this chapter; (2) the payment of refunds; (3) the construction…

Tex. Parks and Wildlife Code § 86.018 Taking From Certain Areas Prohibited

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Sec. 86.018. TAKING FROM CERTAIN AREAS PROHIBITED. No person may take marl, sand, gravel, shell, or other material from any place between a seawall and the water's edge, from a beach or shoreline within 300 feet of the mean low tide, or within one-half mile of the end of any seaw…

Tex. Parks and Wildlife Code § 86.019 Oil and Gas Lessees

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Sec. 86.019. OIL AND GAS LESSEES. This chapter does not require the holder of an oil and gas lease executed by the state to obtain a permit from the commission to exercise any right granted under the lease or other laws of this state. Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. …

Tex. Parks and Wildlife Code § 86.0191 Exemption

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Sec. 86.0191. EXEMPTION. (a) The commission shall, by rule, exempt entities from the requirements of this chapter regarding permits and fees required for disturbing or taking marl, sand, gravel, shell, and mudshell for noncommercial purposes when such disturbances or takings occu…

Tex. Parks and Wildlife Code § 86.0192 Exemption For Certain Political Subdivisions

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Sec. 86.0192. EXEMPTION FOR CERTAIN POLITICAL SUBDIVISIONS. (a) This section applies only to the following political subdivisions: (1) San Jacinto River Authority; and (2) Harris County Flood Control District. (b) A political subdivision may take sand, gravel, marl, shell, and mu…

Tex. Parks and Wildlife Code § 86.020 Rules

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Sec. 86.020. RULES. The commission may adopt rules to govern: (1) consideration of applications; (2) setting and collection of application fees; (3) assessment of transcript costs in contested cases; (4) permit conditions; (5) issuance of permits by rule; (6) pricing of and terms…

Tex. Parks and Wildlife Code § 86.021 Exemptions

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Sec. 86.021. EXEMPTIONS. (a) The commission by rule shall exempt the projects listed in Subsection (b) from any permit requirement or payment to the department for materials removed if the commission finds that the state will not be deprived of significant revenue and there will …

Tex. Parks and Wildlife Code § 86.0215 Inspections

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Sec. 86.0215. INSPECTIONS. (a) In this section, "permit holder" means a person holding a permit under Section 86.006. (b) The commission by rule shall adopt a policy to guide the prioritization of inspections of permit holders based on risk to the state's natural resources. (c) T…

Tex. Parks and Wildlife Code § 86.022 Penalty

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Sec. 86.022. PENALTY. (a) A person who violates Section 86.002 commits an offense that is a Class B Parks and Wildlife Code misdemeanor. (b) A person who violates Section 86.018 commits an offense that is a Class C Parks and Wildlife Code misdemeanor. Added by Acts 1995, 74th Leg…

Tex. Parks and Wildlife Code § 86.023 Liability For Value of Material Taken

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Sec. 86.023. LIABILITY FOR VALUE OF MATERIAL TAKEN. A person who takes marl, sand, gravel, shell, or mudshell under the jurisdiction of the commission in violation of this chapter or a rule adopted under this chapter is liable to the state for the value of: (1) the material taken…

Tex. Parks and Wildlife Code § 86.024 Civil Penalty

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Sec. 86.024. CIVIL PENALTY. A person who violates this chapter or a rule, permit, or order of the department issued or adopted under this chapter is subject to a civil penalty of not less than $100 or more than $10,000 for each act of violation and for each day of violation, to b…

Tex. Parks and Wildlife Code § 86.025 Enforcement

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Sec. 86.025. ENFORCEMENT. (a) If a person has violated, is violating, or is threatening to violate this chapter or a rule, permit, or order of the department issued, adopted, or entered into under this chapter, the director may bring suit to restrain the person from continuing th…

Tex. Parks and Wildlife Code § 86.026 More Than One Defendant

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Sec. 86.026. MORE THAN ONE DEFENDANT. If more than one defendant is named in an action under this chapter, each defendant against whom judgment is rendered is jointly and severally liable for recovery provided by this chapter. Added by Acts 1995, 74th Leg., ch. 923, Sec. 5, eff. …

Tex. Parks and Wildlife Code § 86.027 Civil Suit and Criminal Prosecution Permissible

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Sec. 86.027. CIVIL SUIT AND CRIMINAL PROSECUTION PERMISSIBLE. The pendency or determination of a civil action brought under this chapter or a criminal prosecution for the same violation does not bar the other action. Added by Acts 1995, 74th Leg., ch. 923, Sec. 5, eff. Sept. 1, 1…

Tex. Parks and Wildlife Code § 88.001 Definitions

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Sec. 88.001. DEFINITIONS. In this chapter: (1) "Endangered plant" means a species of plant life that is in danger of extinction throughout all or a significant portion of its range. (2) "Threatened plant" means a species of plant life that is likely to become an endangered specie…

Tex. Parks and Wildlife Code § 88.002 Endangered, Threatened, Or Protected Native Plants

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Sec. 88.002. ENDANGERED, THREATENED, OR PROTECTED NATIVE PLANTS. Species of native plants are endangered, threatened, or protected if listed as such on: (1) the United States List of Endangered Plant Species as in effect on the effective date of this Act (50 C.F.R. Part 17); or (…

Tex. Parks and Wildlife Code § 88.003 Statewide List

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Sec. 88.003. STATEWIDE LIST. The director shall file with the secretary of state a list of endangered, threatened, or protected native plants. Added by Acts 1981, 67th Leg., p. 2461, ch. 637, Sec. 1, eff. Sept. 1, 1981.

Tex. Parks and Wildlife Code § 88.004 Amendment To List

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Sec. 88.004. AMENDMENT TO LIST. (a) If the list of endangered or threatened plants issued by the United States is modified, the director shall file an order with the secretary of state accepting the modification unless the director finds that the plant does not occur in this stat…

Tex. Parks and Wildlife Code § 88.005 Permit

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Sec. 88.005. PERMIT. The department shall issue a permit to a qualified person to take endangered, threatened, or protected plants or parts thereof from public land for the purpose of propagation, education, or scientific studies. Added by Acts 1981, 67th Leg., p. 2461, ch. 637, …

Tex. Parks and Wildlife Code § 88.006 Regulations

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Sec. 88.006. REGULATIONS. The department shall adopt regulations to administer the provisions of this chapter, including regulations to provide for: (1) permit application forms, fees, and procedures; (2) hearing procedures; (3) procedures for identifying endangered, threatened, …

Tex. Parks and Wildlife Code § 88.007 Activities By the Department

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Sec. 88.007. ACTIVITIES BY THE DEPARTMENT. (a) The department may conduct biological research and field investigations to help determine the classification of native plants. (b) The department may collect and disseminate information about the conservation of native plants and the…

Tex. Parks and Wildlife Code § 88.008 Prohibited Acts

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Sec. 88.008. PROHIBITED ACTS. (a) Except as otherwise provided by this chapter, no person may take for commercial sale, possess for commercial sale, or sell all or part of an endangered, threatened, or protected plant from public land. (b) No contract or common carrier may transp…

Tex. Parks and Wildlife Code § 88.0081 Permit For Taking Plants From Private Land

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Sec. 88.0081. PERMIT FOR TAKING PLANTS FROM PRIVATE LAND. (a) A person who takes, possesses, or transports for commercial sale or sells an endangered, threatened, or protected plant from private land, or who hires or pays another to perform those activities, shall possess a permi…

Tex. Parks and Wildlife Code § 88.009 Exceptions

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Sec. 88.009. EXCEPTIONS. (a) This chapter does not apply to the taking, possession, or sale of endangered, threatened, or protected plants if the taking, possession, or sale is incidental to: (1) the possession or sale of the real property on which the plant is growing; (2) the p…

Tex. Parks and Wildlife Code § 88.010 Inspections

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Sec. 88.010. INSPECTIONS. A person authorized to enforce this chapter may detain for inspection and inspect a vehicle, package, crate, or other container if the person has probable cause to believe it contains a plant in violation of this chapter. Added by Acts 1981, 67th Leg., p…

Tex. Parks and Wildlife Code § 88.011 Penalties

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Sec. 88.011. PENALTIES. (a) Except as otherwise provided by this section, a person who violates any provision of this chapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor. (b) If it is shown at the trial of the defendant that he has been convicted with…

Tex. Parks and Wildlife Code § 88.012 Injunction Against Governmental Violator

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Sec. 88.012. INJUNCTION AGAINST GOVERNMENTAL VIOLATOR. A state or local governmental agency that violates or threatens to violate a provision of this chapter is subject to a civil suit for injunctive relief. The suit shall be brought in the name of the State of Texas. Added by Ac…

Tex. Parks and Wildlife Code § 89.001 Definitions

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Sec. 89.001. DEFINITIONS. In this chapter: (1) "Artificial reef" means a structure or system of structures constructed, placed, or permitted in water covered under this chapter for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities. (…

Tex. Parks and Wildlife Code § 89.002 General Duties

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Sec. 89.002. GENERAL DUTIES. (a) The department shall promote, develop, maintain, monitor, and enhance the artificial reef potential in water covered under this chapter. (b) In carrying out the duties under Subsection (a) of this section, the department shall: (1) plan and review…

Tex. Parks and Wildlife Code § 89.0025 Rules

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Sec. 89.0025. RULES. The commission may adopt rules and guidelines as necessary to implement this chapter. Added by Acts 2005, 79th Leg., Ch. 190 (H.B. 883), Sec. 1, eff. May 27, 2005.

Tex. Parks and Wildlife Code § 89.003 Department Authorized To Serve As Permittee

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Sec. 89.003. DEPARTMENT AUTHORIZED TO SERVE AS PERMITTEE. (a) The department may apply for a federal permit and serve as permittee for an artificial reef located in water covered under this chapter if the establishment of the reef complies with this chapter and the National Fishi…

Tex. Parks and Wildlife Code § 89.004 Person Other Than Department As Permittee

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Sec. 89.004. PERSON OTHER THAN DEPARTMENT AS PERMITTEE. The department shall review and comment on an application for an artificial reef permit by a person other than the department to ensure that the conditions of the permit are consistent with the state artificial reef plan and…

Tex. Parks and Wildlife Code § 89.005 Use of Bridges, Tunnels, and Causeways

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Sec. 89.005. USE OF BRIDGES, TUNNELS, AND CAUSEWAYS. (a) The Texas Department of Transportation shall coordinate with the department and local governments to use obsolete bridges, tunnels, and causeways to create artificial reefs under this chapter. (b) The Texas Department of Tr…

Tex. Parks and Wildlife Code § 89.006 Reef Construction By Others

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Sec. 89.006. REEF CONSTRUCTION BY OTHERS. The department may authorize a person to place a donation of reef materials in a permitted zone in accordance with this chapter and commission rules and guidelines. Added by Acts 2005, 79th Leg., Ch. 190 (H.B. 883), Sec. 1, eff. May 27, 2…

Tex. Parks and Wildlife Code § 89.021 State Artificial Reef Plan

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Sec. 89.021. STATE ARTIFICIAL REEF PLAN. (a) The department shall develop a state artificial reef plan that meets the purpose of this chapter and is consistent with the standards under Section 89.023 of this code. (b) The department shall administer and enforce the plan in accord…

Tex. Parks and Wildlife Code § 89.022 Required Provisions

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Sec. 89.022. REQUIRED PROVISIONS. The state artificial reef plan must include: (1) operational guidelines for the plan, including specific participant roles, and projected funding requirements for the plan; (2) geographic, hydrographic, geological, biological, ecological, social,…

Tex. Parks and Wildlife Code § 89.023 Standards

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Sec. 89.023. STANDARDS. An artificial reef located in water covered under this chapter must be sited, constructed, maintained, monitored, and managed in a manner that: (1) enhances and conserves fishery resources to the maximum extent practicable; (2) facilitates access and use b…

Tex. Parks and Wildlife Code § 89.024 Completion Date

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Sec. 89.024. COMPLETION DATE. The department must complete the state artificial reef plan on or before September 1, 1990. Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.

Tex. Parks and Wildlife Code § 89.025 Reefs Consistent With Plan

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Sec. 89.025. REEFS CONSISTENT WITH PLAN. (a) All artificial reefs developed in state water must be consistent with the state artificial reef plan. (b) Comments and recommendations by a state agency regarding artificial reefs in federal water must be consistent with the state arti…

Tex. Parks and Wildlife Code § 89.041 Artificial Reef Account

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Sec. 89.041. ARTIFICIAL REEF ACCOUNT. (a) The artificial reef account is a separate account in the general revenue fund. (b) The account is composed of all funds received under Section 89.043 of this code, including interest and earnings. (c) Except as provided by Section 89.042(…

Tex. Parks and Wildlife Code § 89.042 Dedication; Appropriations

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Sec. 89.042. DEDICATION; APPROPRIATIONS. (a) The funds received under Section 89.043 of this code are dedicated to the department for the purpose of carrying out this chapter, including siting, designing, constructing, monitoring, and otherwise managing an artificial reef or arti…

Tex. Parks and Wildlife Code § 89.043 Grants, Donations, and Other Assistance

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Sec. 89.043. GRANTS, DONATIONS, AND OTHER ASSISTANCE. The department may accept grants, donations of money or materials, and other forms of assistance from private and public sources. Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989. Amended by Acts 1993, 73rd Leg.…

Tex. Parks and Wildlife Code § 89.061 Liability

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Sec. 89.061. LIABILITY. (a) The state, an agency of the state, or an insurer of the state or agency of the state is not liable for damages caused by an activity required under the terms and conditions of a permit for an artificial reef. (b) A person who has transferred title of a…