bill gives neighbors a gate into Parks and Wildlife land

The text as introduced · 620 words

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.