31 Tex. Admin. Code § 59.134 - Rules of Conduct in Parks
(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.
(3) Cultural resources. It is an offense for
any person to take, remove, destroy, deface, tamper with, disturb, or otherwise
adversely impact any prehistoric or historic resource, including but not
limited to, buildings, structures, cultural features, rock art, or artifacts,
except by written order of the director.
(m) Peace and quiet. It is an offense for any
person to:
(1) disturb other persons in
sleeping quarters or in campgrounds between the hours of 10 p.m. and 6
a.m.;
(2) cause, create, or
contribute to any noise which is broadcast, or caused to be broadcast, into
sleeping quarters or campgrounds, or which emits sound beyond the person's
immediate campsite, between the hours of 10 p.m. and 6 a.m., whether by
shouting or singing, by using a radio, phonograph, television, or musical
instrument, or by operating mechanical or electronic equipment;
(3) use electronic equipment, including
electrical speakers, at a volume which emits sound beyond the immediate
individual camp or picnic site at any time without specific permission of the
director; or
(4) create a
disturbance capable of negatively affecting other park users by causing
excessive noise by any means. Specific allowable noise levels for specific
parks or parts of parks may be established by written order of the
director.
(n) Public
Nudity. It is an offense for any person to disrobe or appear nude in public.
Females are considered to be disrobed when their breasts below the top of the
areola are exposed except when nursing a baby.
(o) Soliciting. It is an offense for any
person to solicit funds or donation of any item, or offer to sell any goods,
wares, merchandise, liquid, or edibles, or render any service for hire, or
distribute written material, in a state park, except by authority of a
concession agreement approved by the director.
(p) Water Recreation. It is an offense for
any person to:
(1) engage in water skiing,
surf boarding while being towed, towing a person or a similar device, or
operate a motorized ski device on lakes of less than 650 surface acres located
in a state park;
(2) enter water or
swim in an area closed for that activity;
(3) swim at night unless otherwise
posted;
(4) introduce, carry into,
or possess, use, break, dispose of, throw, or abandon any glass container in
the water of a swimming area, swimming pool, or in the beach area adjacent to
the water of a swimming area;
(5)
moor, dock, or berth a boat or any other object between the hours of 10 p.m.
and 6 a.m., except in mooring areas designated by the director; or
(6) moor, dock, or berth a commercial vessel
at any part of a state park except by permit from the director.
(q) Water, Wastewater, Sewage, and
Garbage. It is an offense for any person to:
(1) deposit waste water, sewage, or effluent
from sinks, toilets, or other plumbing fixtures directly on the ground or into
the water;
(2) use any water
fountain, drinking fountain, pool, sprinkler, reservoir, lake or any other
water body contained in the park for bathing, laundering, and washing dishes,
pets, or vehicles (including trailers);
(3) deposit fish parts at any location except
park fish cleaning facilities;
(4)
discard, deposit, or dump garbage in a state park, except for:
(A) garbage generated inside the park during
the course of park visitation; or
(B) an amount of garbage consistent with what
ordinarily would accumulate in a vehicle in the course of a day's
travel;
(5) dispose of
garbage except in a receptacle provided for that use or as may otherwise be
specifically authorized by department personnel; or
(6) use water provided by the state park for
purposes other than drinking, washing or culinary uses.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.