HB4545 - Relating to access to land managed by the Parks and Wildlife Department from adjacent privately owned land; authorizing a fee.

  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.