CHAPTER 23. NATIONAL PARKS, NATIONAL SEASHORES, AND OTHER FEDERAL LANDS - Texas Statutes

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.