Texas 2025 - 89th Regular

Texas House Bill HB4545 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R10997 BEE-D
2	2	By: Oliverson H.B. No. 4545
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to access to land managed by the Parks and Wildlife
10	10	Department from adjacent privately owned land; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 13, Parks and Wildlife Code, is amended
13	13	by adding Subchapter E to read as follows:
14	14	SUBCHAPTER E. ACCESS TO DEPARTMENT-MANAGED LAND FROM ADJACENT
15	15	PRIVATE PROPERTY
16	16	Sec. 13.401. APPLICATION FOR ACCESS GATE AND ACCESS
17	17	AGREEMENT. (a) The owner of private property directly adjacent to
18	18	land managed by the department may file an application with the
19	19	department requesting that:
20	20	(1) the department install, or authorize the owner to
21	21	install, an access gate to connect the owner's property to the
22	22	department-managed land; and
23	23	(2) the department execute with the owner an agreement
24	24	to authorize the owner's access to and use of the
25	25	department-managed land.
26	26	(b) The commission shall adopt an application form and rules
27	27	establishing procedures for applications under this section,
28	28	including procedures prescribing:
29	29	(1) documents required to accompany the application,
30	30	including:
31	31	(A) evidence of ownership of the private
32	32	property; and
33	33	(B) the proposed location of the access gate;
34	34	(2) criteria for evaluating and approving
35	35	applications;
36	36	(3) a draft access agreement to be reviewed and signed
37	37	by the private property owner on approval of the application; and
38	38	(4) any additional information determined necessary
39	39	to evaluate the application.
40	40	(c) The criteria adopted under Subsection (b)(2) must
41	41	require the department to consider, at a minimum, the following
42	42	factors:
43	43	(1) potential impact on the department-managed land,
44	44	including environmental, wildlife, and operational concerns;
45	45	(2) security and safety considerations; and
46	46	(3) compliance with state or federal law.
47	47	(d) Not later than the 90th day after the date the
48	48	department receives a completed application under this section, the
49	49	department shall:
50	50	(1) review the application; and
51	51	(2) issue a written decision approving, denying, or
52	52	approving with conditions the application.
53	53	Sec. 13.402. ACCESS AGREEMENT REQUIREMENTS. (a) An access
54	54	agreement between the department and a private property owner under
55	55	this subchapter must include terms to preserve the integrity and
56	56	operational requirements of department-managed land, including:
57	57	(1) restrictions on the private property owner's use
58	58	of the access gate, including hours of access and the purposes for
59	59	which the owner may use the gate, such as personal, agricultural, or
60	60	other lawful uses;
61	61	(2) responsibilities of the private property owner,
62	62	including maintenance of the access gate and compliance with
63	63	applicable state and federal laws;
64	64	(3) liability provisions indemnifying the department
65	65	against claims arising from the private property owner's use of the
66	66	access gate; and
67	67	(4) conditions under which the department may revoke
68	68	access rights, including violation of agreement terms.
69	69	(b) The department shall establish a standard template for
70	70	access agreements under this subchapter that can be modified to
71	71	address specific conditions and requirements.
72	72	Sec. 13.403. COSTS AND FEES. (a) A private property owner
73	73	whose application under Section 13.401 is approved by the
74	74	department is responsible for paying all costs, as determined by
75	75	the department, associated with the review, approval, and
76	76	implementation of the access gate and access agreement.
77	77	(b) The department may charge a fee to cover:
78	78	(1) administrative costs associated with reviewing
79	79	the application;
80	80	(2) costs of construction, materials, and labor for an
81	81	access gate installed by the department or a department agent;
82	82	(3) ongoing maintenance costs, if applicable; and
83	83	(4) other costs associated with the access gate or
84	84	access agreement.
85	85	(c) The commission by rule shall establish a fee schedule
86	86	for costs described by Subsection (a) or (b). The department shall
87	87	publish the fee schedule on the department's Internet website.
88	88	Sec. 13.404. GENERAL RULEMAKING AUTHORITY. The commission
89	89	shall adopt rules as necessary to implement this subchapter.
90	90	SECTION 2. This Act takes effect September 1, 2025.