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A BILL TO BE ENTITLED
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AN ACT
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relating to access to land managed by the Parks and Wildlife |
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Department from adjacent privately owned land; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 13, Parks and Wildlife Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. ACCESS TO DEPARTMENT-MANAGED LAND FROM ADJACENT |
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PRIVATE PROPERTY |
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Sec. 13.401. APPLICATION FOR ACCESS GATE AND ACCESS |
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AGREEMENT. (a) The owner of private property directly adjacent to |
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land managed by the department may file an application with the |
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department requesting that: |
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(1) the department install, or authorize the owner to |
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install, an access gate to connect the owner's property to the |
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department-managed land; and |
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(2) the department execute with the owner an agreement |
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to authorize the owner's access to and use of the |
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department-managed land. |
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(b) The commission shall adopt an application form and rules |
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establishing procedures for applications under this section, |
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including procedures prescribing: |
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(1) documents required to accompany the application, |
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including: |
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(A) evidence of ownership of the private |
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property; and |
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(B) the proposed location of the access gate; |
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(2) criteria for evaluating and approving |
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applications; |
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(3) a draft access agreement to be reviewed and signed |
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by the private property owner on approval of the application; and |
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(4) any additional information determined necessary |
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to evaluate the application. |
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(c) The criteria adopted under Subsection (b)(2) must |
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require the department to consider, at a minimum, the following |
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factors: |
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(1) potential impact on the department-managed land, |
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including environmental, wildlife, and operational concerns; |
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(2) security and safety considerations; and |
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(3) compliance with state or federal law. |
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(d) Not later than the 90th day after the date the |
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department receives a completed application under this section, the |
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department shall: |
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(1) review the application; and |
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(2) issue a written decision approving, denying, or |
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approving with conditions the application. |
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Sec. 13.402. ACCESS AGREEMENT REQUIREMENTS. (a) An access |
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agreement between the department and a private property owner under |
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this subchapter must include terms to preserve the integrity and |
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operational requirements of department-managed land, including: |
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(1) restrictions on the private property owner's use |
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of the access gate, including hours of access and the purposes for |
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which the owner may use the gate, such as personal, agricultural, or |
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other lawful uses; |
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(2) responsibilities of the private property owner, |
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including maintenance of the access gate and compliance with |
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applicable state and federal laws; |
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(3) liability provisions indemnifying the department |
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against claims arising from the private property owner's use of the |
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access gate; and |
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(4) conditions under which the department may revoke |
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access rights, including violation of agreement terms. |
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(b) The department shall establish a standard template for |
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access agreements under this subchapter that can be modified to |
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address specific conditions and requirements. |
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Sec. 13.403. COSTS AND FEES. (a) A private property owner |
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whose application under Section 13.401 is approved by the |
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department is responsible for paying all costs, as determined by |
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the department, associated with the review, approval, and |
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implementation of the access gate and access agreement. |
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(b) The department may charge a fee to cover: |
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(1) administrative costs associated with reviewing |
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the application; |
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(2) costs of construction, materials, and labor for an |
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access gate installed by the department or a department agent; |
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(3) ongoing maintenance costs, if applicable; and |
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(4) other costs associated with the access gate or |
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access agreement. |
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(c) The commission by rule shall establish a fee schedule |
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for costs described by Subsection (a) or (b). The department shall |
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publish the fee schedule on the department's Internet website. |
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Sec. 13.404. GENERAL RULEMAKING AUTHORITY. The commission |
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shall adopt rules as necessary to implement this subchapter. |
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SECTION 2. This Act takes effect September 1, 2025. |