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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 59PARKS
SUBCHAPTER FSTATE PARK OPERATIONAL RULES
RULE §59.131Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Arms and firearms--Any device from which shot, a projectile, arrow, or bolt is fired by the force of an explosion, compressed air, gas, or mechanical device. To include, but not limited to, any device described by Penal Code, §46.01(3), rifle, shotgun, handgun, air rifle, pellet gun, longbow, cross bow, sling shot, blow gun, or dart gun.

  (2) Bicycle--A device that a person may ride, that is propelled by human power, and has two tandem wheels at least one of which is more than 14 inches in diameter.

  (3) Artifacts--Objects used or modified by humans, including, but not limited to, arrow points, dart points, stone, bone, or shell implements or any other prehistoric or historic objects.

  (4) Boat--A vessel not more than 65 feet in length, measured from end to end over the deck, excluding sheer, and manufactured or used primarily for noncommercial use.

  (5) Camping--The act of:

    (A) occupying a designated camping facility;

    (B) erecting a tent, or arranging bedding, or both, for the purpose of, or in such a manner as will permit, remaining overnight; and/or

    (C) using a trailer, camper, or other vehicle for the purpose of sleeping during nighttime hours.

  (6) Cultural features--Include, but are not limited to, state archeological landmarks, archeological sites, historic sites and structures, pictographs and petroglyphs.

  (7) Department--The Texas Parks and Wildlife Department.

  (8) Director--The executive director of the Texas Parks and Wildlife Department or his or her designee.

  (9) Equine--A species of animal belonging to the family equidae, including horses, ponies, donkeys, and mules.

  (10) Garbage--Trash, refuse, rubbish, household waste, medical waste, rubble, spoil, construction debris, yard clippings, offal, or any other similarly useless, noxious, or offensive material.

  (11) Motor Vehicle--For purposes of this subchapter, a motor vehicle does not include a wheelchair, a motorized wheelchair or a motorized mobility device. A motor vehicle is a motor powered vehicle, including, but not limited to:

    (A) any motor driven or propelled vehicle required to be registered under the laws of this state;

    (B) an all-terrain vehicle as defined in Transportation Code, §502.001;

    (C) a motorcycle as defined in Transportation Code, §501.002 and §541.201;

    (D) a golf cart, as defined in Transportation Code, §502.001;

    (E) a moped as defined in Transportation Code, §541.201;

    (F) a neighborhood electric vehicle as defined in Transportation Code, §551.301;

    (G) a pocket bike or mini-motorbike, as defined in Transportation Code, §551.301;

    (H) an electric bicycle; or

    (I) a motor assisted scooter, as defined in Transportation Code, §551.301.

  (12) Motorized mobility device--A device designed for transportation of persons with physical disabilities that:

    (A) has three or more wheels;

    (B) is propelled by a battery-powered motor;

    (C) has not more than one forward gear; and

    (D) is not capable of speeds exceeding eight miles per hour.

  (13) Night--Any time from 1/2 hour after sunset to 1/2 hour before sunrise.

  (14) Person--Natural persons, firms, partnerships, corporations, clubs, and all associations or combinations of persons acting individually, or by an agent, servant, or employee.

  (15) Pet--A domesticated companion animal accompanying a person who enters or uses a state park. In no event shall a pet under this subchapter include the following:

    (A) a dangerous wild animal, as defined in Health and Safety Code, §822.101;

    (B) wildlife;

    (C) livestock and exotic livestock as defined in Agriculture Code, §§1.003, 142.001, and 161.001;

    (D) any species of animal that is not ordinarily domesticated; or

    (E) any species of animal that a person may not legally possess.

  (16) Plant life--All plants including trees, dead or downed wood, shrubs, vines, wildflowers, grass, sedge, fern, moss, lichen, fungus, or any other member of the plant family.

  (17) Public place--Any place to which the public or a substantial group of the public has access. The interior spaces of the following are not considered public places:

    (A) department cabins, screened shelters, recreation halls, group barracks, and lodges; and

    (B) tents, campers, trailers, motor homes, or any enclosed vehicle(s) that are used as camping equipment.

  (18) State park--A state park, state historic site, or state natural that is administered, operated, or managed by the department.

  (19) Unattended pet--A pet that is unaccompanied or not under immediate control of the person responsible for the pet. Pets tied or secured outside of camping equipment or buildings are not considered under immediate control.

  (20) Wildlife--A species, including each individual of a species, that normally lives in a state of nature and is not ordinarily domesticated.


Source Note: The provisions of this §59.131 adopted to be effective September 9, 1996, 21 TexReg 8307; amended to be effective April 23, 2001, 26 TexReg 3025; amended to be effective October 18, 2005, 30 TexReg 6767; amended to be effective September 1, 2009, 34 TexReg 5394; amended to be effective April 10, 2016, 41 TexReg 2593; amended to be effective May 10, 2022, 47 TexReg 2773

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