CHAPTER 23. NATIONAL PARKS, NATIONAL SEASHORES, AND OTHER FEDERAL LANDS
PARKS AND WILDLIFE CODE
TITLE 3. PARKS
CHAPTER 23. NATIONAL PARKS, NATIONAL SEASHORES, AND OTHER FEDERAL
LANDS
SUBCHAPTER A. BIG BEND NATIONAL PARK
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER B. PADRE ISLAND NATIONAL SEASHORE
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 27, eff.
Sept. 1, 1993.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER C. GUADALUPE MOUNTAINS NATIONAL PARK
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
Sec. 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, Sec. 1, eff. Sept. 1,
1975.
SUBCHAPTER D. FEDERAL LANDS
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 20, eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 20, eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1997, 75th Leg., ch. 1256, Sec. 20, eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff. Sept. 1,
1975. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 8,
eff. Sept. 1, 1985; Acts 1997, 75th Leg., ch. 1256, Sec. 20, eff.
Sept. 1, 1997.