| (a) Abandoned and unattended property. It is an offense
for any person to:
(1) abandon a vehicle or other personal property;
(2) leave a vehicle, boat, barge, or other property
unattended in a unit of the state park system in such a manner as
to create a hazardous or unsafe condition; or
(3) leave property unattended in a state park without
having received prior permission from the director or to leave a vehicle
unattended after the closing hour, unless such person is legally in
the park after closing, and unless he has parked the vehicle in a
place designated by the director or he has prior permission from the
director.
(b) Alcoholic beverages.
(1) Prohibition. Except as provided in paragraph (2)
of this subsection, it is an offense for any person to:
(A) consume or display an alcoholic beverage in a public
place; or
(B) sell alcoholic beverages within a state park.
(2) Exceptions. The provisions delineated in paragraph
(1) of this subsection do not apply to an alcoholic beverage:
(A) consumed or displayed by an individual in accordance
with the terms and conditions of a special event authorization issued
by the director;
(B) consumed or displayed by an individual within an
area for which such consumption or display is authorized pursuant
to a concession agreement or authorization issued by the director;
or
(C) sold by a concessionaire under the terms and conditions
of a concession agreement or special event authorization issued by
the director, provided:
(i) the alcoholic beverage is consumed or displayed
within the areas and time frames authorized by the concession agreement
or special event authorization; and
(ii) the concessionaire is in compliance with all applicable
state and local laws and requirements regarding the sale of alcoholic
beverages, including, but not limited to possession of all necessary
permits and licenses required for the sale of alcoholic beverages.
(D) The department will not authorize any activity
under this paragraph that is determined to conflict or be inconsistent
with the department mission.
(c) Animals. Except as provided in this subsection,
it is an offense for any person to bring into a state park, possess
while in a state park, or release into a state park any species of
animal. A pet, equine, or llama may be brought into and possessed
within a state park as provided in this subsection.
(1) Equine or llama. It is an offense for any person
to:
(A) ride, drive, lead, or keep an equine or llama,
except in designated areas;
(B) ride an equine or llama in a manner that is dangerous
to a person or animal;
(C) allow an equine or llama to stand unattended or
insecurely tied; or
(D) hitch an equine or llama to a tree, shrub, or structure
in any manner that may cause damage.
(2) Pets. It is an offense for any person to:
(A) bring into, possess, or permit to roam within a
state park a pet, unless the pet is secured by a leash not exceeding
six feet in length, confined in a vehicle, or confined in a suitable
cage;
(B) bring into or possess within a state park an unattended
pet;
(C) fail to immediately collect and properly dispose
of fecal material deposited by a pet for which a person is responsible.
For purposes of this paragraph, "properly dispose" means to deposit
fecal material in an appropriate solid waste collection container;
(D) bring a pet into an area where pets are prohibited;
(E) permit a pet (except a trained assistance animal
accompanying a person with a disability) to enter into or remain in
any building or enclosure designated for public use including, but
not limited to, a restaurant, snack bar, cabin, lodge room, restroom,
park store, shelter, refectory building, amphitheater, administration
building, or railroad coach;
(F) permit a pet in the water of a designated swimming
area or to permit a pet animal (except a trained assistance animal
accompanying a person with a disability) within the land or beach
area adjacent to the water of a designated swimming area; or
(G) possess a noisy, vicious, or dangerous pet, or
a pet which creates a disturbance to or hazard within a state park.
(3) Wildlife. It is an offense for any person to:
(A) harm, harass, disturb, trap, confine, catch, possess,
or remove any wildlife, or portions of wildlife from a unit of the
state park system, except by a permit issued by the director or as
provided by the Parks and Wildlife Code, Chapter 62, Subchapter D;
(B) release or introduce any species of animal life
within a park (including waters within a park), except as authorized
by the Parks and Wildlife Code and written order of the Executive
Director or designee; or
(C) feed or offer food to any wildlife or exotic wildlife,
or to leave food unsecured in a manner that makes the food available
to wildlife or exotic wildlife, unless specifically authorized by
the department. The feeding of birds may be permitted on a park-by-park
basis as prescribed by the department.
(d) Arms and Firearms. It is an offense for any person
to display or discharge an arm or firearm in a state park, except
while:
(1) the person is participating in a public hunting
activity within the state park as authorized by applicable public
hunting rules and regulations;
(2) the person is fishing by means of lawful archery
equipment or is participating in an authorized, supervised recreational
or educational activity;
(3) the person is licensed to possess and carry a handgun
under Government Code, Chapter 411, Subchapter H, and is in possession
of and carrying the handgun in compliance with applicable law, including,
but not limited to, applicable regulations adopted pursuant to Government
Code, Chapter 411, Subchapter H;
(4) the person carries a handgun in a holster in compliance
with Penal Code, Chapter 46; or
(5) the person has been authorized to do so by written
order of the director.
(e) Closed Area. It is an offense for any person to:
(1) prevent or interfere with development, construction,
or management of a state park; or
(2) enter or remain in an area of a state park that
has been closed by the director for any reason, including security,
safety, preservation, or restoration.
(f) Entrance and User Fees and Permits: It is an offense
for any person to enter, use, or occupy a facility in any portion
of a state park for which a fee has been established or a permit is
required unless the person has first paid the fee or satisfied the
requirements of the permit, has received an entrance/use permit issued
by the department, has displayed the permit as required, and agrees
to comply with applicable permit conditions. If the office is closed,
payment must be made according to posted instructions or signage.
(g) Facilities Use. It is an offense for any person
to:
(1) use an area or facility for any purpose contrary
to its designated purpose; or
(2) keep, use, or arrange a motor vehicle, trailer,
camping, or other equipment except as specified by the director. All
vehicles and trailers are restricted to designated roads and parking
areas, unless otherwise specified by permit;
(3) enter into, or remain in, an area or facility for
which a public use limit has been established when such action will
have the effect of exceeding the established limitations;
(4) exceed the public use limit establishing a maximum
number of persons and, if appropriate, the number and type of motor
vehicles, trailers, and equipment permitted to enter into, or remain
in, a designated area or facility at any time;
(5) continue to occupy a facility past check-out time
when a check-out time has been established by the director; or
(6) engage in camping except as authorized by permit
in areas designated or marked for that purpose.
(h) Fires, Firewood, Smoking and Fireworks. Portable
gas-fueled camp stoves may be used in designated campsites or picnic
areas; however, it is an offense for any person to:
(1) light, build, or maintain a fire within a state
park except in a facility or device provided, maintained, or designated
for such purposes or to smoke or build fires when an extreme fire
hazard has been posted by the department or a burn ban has been instituted
by local government ordinance;
(2) gather firewood except when authorized by permit;
(3) leave a fire unattended; or
(4) possess within a state park any fireworks, explosives,
or similar devices capable of explosion, or to discharge, set off,
or cause to be discharged in or into a state park any such device
or substance, except with written authorization from the director.
(i) Metal detector. It is an offense for any person
to operate or use a metal detector, except as authorized by permit.
(j) Minors and children.
(1) A person younger than 15 years who enters a state
park, must be supervised by a parent, legal guardian, or other responsible
adult over the age of 17 years at all times.
(2) A person 15 years or older, but younger than 17
years may not enter or remain in a state park during overnight hours
unless:
(A) the person is supervised by a parent, legal guardian
or other responsible person over the age of 17 years;
(B) the person furnishes written consent of a parent
or legal guardian to park personnel at the state park headquarters.
For purposes of this subsection, written consent consists of a statement
from a parent or legal guardian authorizing the person to enter the
park and stating the full name, residence address, and telephone number
of the parent or legal guardian; or
(C) the person is legally married.
(3) For purposes of this subsection, a person who is
required by this subsection to be supervised and is part of a group
will be considered supervised by a parent, legal guardian or other
responsible person if there is at least one supervising adult over
the age of 17 years for every 15 persons for whom supervision is required
by this subsection.
(4) For purposes of this subsection, "overnight hours"
is the time between a state park's closing time and opening time.
(5) It is an offense for a parent, legal guardian or
other responsible person charged with supervision of a person under
17 years of age to permit the person under 17 years of age to violate
a regulation contained in this subchapter.
(k) Motor Vehicle Use, Possession and Operation.
(1) Operation. It is an offense for any person to:
(A) operate a motor vehicle in a state park except
on roads, driveways, parking areas, and areas designated as open for
motor vehicle use;
(B) operate a motor vehicle in a state park if the
motor vehicle is not licensed and inspected as required by the Texas
Transportation Code or other law regarding the operation of motor
vehicles, except as specifically authorized by permit; or
(C) operate a motor vehicle in a state park in a manner
not authorized by the Texas Transportation Code or other laws regarding
the operation of motor vehicles.
(2) Parking. It is an offense for any person to:
(A) park a motor vehicle or trailer in a state park
except in areas designed, constructed, or designated for that purpose;
or
(B) park, store, or leave a motor vehicle or trailer
in violation of this section when signs have been posted in the affected
areas.
(3) Speed Limit. It is an offense for any person to
drive a motor vehicle within a state park at a speed:
(A) greater than is reasonable or prudent, having due
regard for the traffic and the road conditions then existing;
(B) that endangers the safety of persons or property;
or
(C) that exceeds the posted speed limit in any portion
of the state park system.
(4) Traffic. It is an offense for any person to:
(A) operate a motor vehicle in a state park between
the park closing hour and 6 a.m. opening hour, except for emergency
or necessary purposes; or
(B) operate a motor vehicle in an indiscriminate or
unnecessary manner (cruising).
(5) Trail use. It is an offense for any person to operate
or use a motor vehicle or a bicycle on an unpaved road, trail, or
path not designated and posted for use by such a motor vehicle or
bicycle or use the trail in a manner that is dangerous to a person
or animal.
(l) Natural and Cultural Resources.
(1) Plant life. It is an offense for any person to
willfully mutilate, injure, destroy, pick, cut, remove, or introduce
any plant life except by permit issued by the director.
(2) Geological features. It is an offense for any person
to take, remove, destroy, deface, tamper with, or disturb any rock,
earth, soil, gem, mineral, fossil, or other geological deposit except
by permit issued by the director.
Cont'd... |
