Part 2.
TEXAS PARKS AND WILDLIFE DEPARTMENT
Chapter 59.
PARKS
Subchapter F. STATE PARK OPERATIONAL RULES
31 TAC §59.131, §59.134
The Texas Parks and Wildlife Department (TPWD) proposes amendments
to §59.131 and §59.134, concerning State Park Operational Rules.
The amendment to §59.131, concerning Definitions, would add a definition
for the term 'garbage,' which is necessary to provide a precise, unambiguous
meaning for purposes of informing park visitors of inappropriate or unlawful
conduct and, if necessary, for enforcing the terms of the amendment to §59.134,
which would prohibit the disposal of garbage on state parks except under certain
circumstances.
The amendment to §59.134, concerning Rules of Conduct in Parks, would
prohibit the dumping of garbage in state parks, except for garbage generated
during park visitation or garbage that could reasonably be expected to accumulate
during a days' travel. TPWD has noted the increasing frequency of the practice
of using park visitation privileges to dispose of everything from household
waste to construction debris in disposal facilities on state parks. Persons
engaging in such conduct have discovered that it is less expensive to pay
for entry to a park and dispose of garbage in remote or unsupervised areas
than it is to pay to dump garbage in a landfill or other such facility. Such
dumping on state parks creates unsightly and noisome detractions from recreational
enjoyment and could pose health hazards to park visitors and employees (due
to hazardous materials such as carcinogens, asbestos, medical waste, etc.).
In any case, the practice creates an unnecessary and avoidable burden for
TPWD in the form of additional time and expense in disposing of garbage that
was not generated as a consequence of park visitation or travel. Therefore,
TPWD proposes to delineate the specific circumstances under which garbage
may be lawfully deposited in state parks.
Robert Macdonald, Regulations Coordinator, has determined that for each
year of the first five years that the amendments as proposed are in effect,
there will be fiscal implications to state government as a result of enforcing
or administering the amended sections. TPWD expects that there will be reduced
costs to the department of paying for the removal of garbage; however, the
department is unable to quantify the cost savings. There will be no fiscal
implications to units of local government as a result of enforcing or administering
the amended sections.
Mr. Macdonald also has determined that for each year of the first five
years the amendments as proposed are in effect, the public benefit anticipated
as a result of enforcing or administering the amendments as proposed will
be the ability of the department to increase the aesthetic appearance of parks
for the enjoyment of park visitors and lessen potential threats to the health
and safety of park visitors caused by the opportunistic dumping of waste in
state parks.
There will be no adverse economic effect on small businesses, micro businesses,
or persons required to comply with the amendments as proposed.
The department has not drafted a local employment impact statement under
the Administrative Procedures Act, §2001.022, as the agency has determined
that the amendments as proposed will not impact local economies.
The department has determined that there will not be a taking of private
real property, as defined by Government Code, Chapter 2007, as a result of
the proposed amendments.
Comments on the proposed amendments may be submitted to Wes Masur, Texas
Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744;
(512) 389-8001 (e-mail: wes.masur@tpwd.state.tx.us).
The amendments are proposed under Parks and Wildlife Code, §13.101,
which authorizes the commission to promulgate regulations governing the health,
safety, and protection of persons and property in state parks, historic sites,
scientific areas, or forts under the control of the department, including
public water within state parks, historic sites, scientific areas, and forts;
and under §13.102, which authorizes the commission to promulgate regulations
governing the conservation, preservation, and use of state property whether
natural features or constructed facilities; the abusive, disruptive, or destructive
conduct of persons, the activities of park users, and conduct which endangers
the health or safety of park users or their property.
The proposed amendments affect Parks and Wildlife Code, Chapter 13.
§59.131.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) - (7)
(No change.)
(8)
Garbage--Trash, refuse, rubbish, household
waste, medical waste, rubble, spoil, construction debris, yard clippings,
offal, or any other similarly useless, noxious, or offensive material.
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
§59.134.Rules of Conduct in Parks.
(a) - (ee)
(No change.)
(ff)
Garbage.
(1)
It is an offense for any person to 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.
(2)
It is an offense for any person to dispose of garbage except
in a receptacle provided for that use or as may otherwise be specifically
authorized by department personnel.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 9, 2005.
TRD-200502352
Gene McCarty
Chief of Staff
Texas Parks and Wildlife Department
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 389-4775
Chapter 155.
LAND RESOURCES
Subchapter A. COASTAL PUBLIC LANDS
(8)
] Motorcycle--A two-wheeled vehicle
propelled by an internal combustion engine to include motor bikes, mini-bikes,
and trail bikes.
(9)
] Night--Any time from 1/2 hour
after sunset to 1/2 hour before sunrise.
(10)
] Person--Natural persons,
firms, partnerships, corporations, clubs, and all associations or combinations
of persons acting individually, or by an agent, servant, or employee.
(11)
] 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.
(12)
] Public place--Any place to
which the public or a substantial group of the public has access. In the state
park system areas that are not considered a public place are cabins, screened
shelters, recreation halls, group barracks, lodges, tents, campers, trailers,
motor homes, or any vehicle(s) that are used as camping equipment.
(13)
] Public nudity--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.
(14)
] State park--A park, park
site, historical park, natural area, recreational area or fishing pier, administered,
operated, or managed by the department.
(15)
] Unattended pet--A pet that
is unaccompanied or not under immediate control. Pets tied or secured outside
of camping equipment or buildings are not considered under immediate control.
(16)
] Wildlife--Any wild animal,
bird, amphibian, reptile, fish, shellfish, aquatic life, or invertebrate.
Part 4.
SCHOOL LAND BOARD