89R10997 BEE-D
By: Oliverson H.B. No. 4545
A BILL TO BE ENTITLED
AN ACT
relating to access to land managed by the Parks and Wildlife
Department from adjacent privately owned land; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 13, Parks and Wildlife Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. ACCESS TO DEPARTMENT-MANAGED LAND FROM ADJACENT
PRIVATE PROPERTY
Sec. 13.401. APPLICATION FOR ACCESS GATE AND ACCESS
AGREEMENT. (a) The owner of private property directly adjacent to
land managed by the department may file an application with the
department requesting that:
(1) the department install, or authorize the owner to
install, an access gate to connect the owner's property to the
department-managed land; and
(2) the department execute with the owner an agreement
to authorize the owner's access to and use of the
department-managed land.
(b) The commission shall adopt an application form and rules
establishing procedures for applications under this section,
including procedures prescribing:
(1) documents required to accompany the application,
including:
(A) evidence of ownership of the private
property; and
(B) the proposed location of the access gate;
(2) criteria for evaluating and approving
applications;
(3) a draft access agreement to be reviewed and signed
by the private property owner on approval of the application; and
(4) any additional information determined necessary
to evaluate the application.
(c) The criteria adopted under Subsection (b)(2) must
require the department to consider, at a minimum, the following
factors:
(1) potential impact on the department-managed land,
including environmental, wildlife, and operational concerns;
(2) security and safety considerations; and
(3) compliance with state or federal law.
(d) Not later than the 90th day after the date the
department receives a completed application under this section, the
department shall:
(1) review the application; and
(2) issue a written decision approving, denying, or
approving with conditions the application.
Sec. 13.402. ACCESS AGREEMENT REQUIREMENTS. (a) An access
agreement between the department and a private property owner under
this subchapter must include terms to preserve the integrity and
operational requirements of department-managed land, including:
(1) restrictions on the private property owner's use
of the access gate, including hours of access and the purposes for
which the owner may use the gate, such as personal, agricultural, or
other lawful uses;
(2) responsibilities of the private property owner,
including maintenance of the access gate and compliance with
applicable state and federal laws;
(3) liability provisions indemnifying the department
against claims arising from the private property owner's use of the
access gate; and
(4) conditions under which the department may revoke
access rights, including violation of agreement terms.
(b) The department shall establish a standard template for
access agreements under this subchapter that can be modified to
address specific conditions and requirements.
Sec. 13.403. COSTS AND FEES. (a) A private property owner
whose application under Section 13.401 is approved by the
department is responsible for paying all costs, as determined by
the department, associated with the review, approval, and
implementation of the access gate and access agreement.
(b) The department may charge a fee to cover:
(1) administrative costs associated with reviewing
the application;
(2) costs of construction, materials, and labor for an
access gate installed by the department or a department agent;
(3) ongoing maintenance costs, if applicable; and
(4) other costs associated with the access gate or
access agreement.
(c) The commission by rule shall establish a fee schedule
for costs described by Subsection (a) or (b). The department shall
publish the fee schedule on the department's Internet website.
Sec. 13.404. GENERAL RULEMAKING AUTHORITY. The commission
shall adopt rules as necessary to implement this subchapter.
SECTION 2. This Act takes effect September 1, 2025.