Sec. 12.1025. RISK-BASED INSPECTIONS OF NONRECREATIONAL AUTHORIZATION HOLDERS. (a) In this section, "nonrecreational authorization holder" means a holder of a license, permit, or other authorization required by this code or rules adopted under this code. The term does not include a holder of:
(1) a hunting license issued under Chapter 42;
(2) a hunting or fishing stamp issued under Chapter 43;
(3) a fishing license issued under Chapter 46; or
(4) a combination hunting and fishing license issued under Chapter 50.
(b) The commission by rule shall adopt a policy to guide the prioritization of inspections of nonrecreational authorization holders based on risk to the state's natural resources.
(c) The policy adopted under this section must require that the department:
(1) identify the nonrecreational authorization holders that require on-site inspections;
(2) develop an assessment tool for determining the appropriate frequency and intensity of department inspections of nonrecreational authorization holders, based on key risk factors and indications of increased or decreased risk, such as repeated or remedied violations and failed or passed inspections; and
(3) document all inspections of nonrecreational authorization holders and the results of those inspections and make the documentation available to all employees whose job descriptions include the regulation of nonrecreational authorization holders.
Added by Acts 2021, 87th Leg., R.S., Ch. 182 (S.B. 700), Sec. 6, eff. September 1, 2021.
Structure Texas Statutes
Title 2 - Parks and Wildlife Department
Chapter 12 - Powers and Duties Concerning Wildlife
Subchapter B. Enforcement Powers
Section 12.102. Inspection of Wildlife Resources
Section 12.1025. Risk-Based Inspections of Nonrecreational Authorization Holders
Section 12.103. Entering Land; Use of Information Obtained by Entry; Civil Penalty
Section 12.104. Right to Search and Inspect
Section 12.106. Notice to Appear
Section 12.107. Remission of Fines
Section 12.109. Confiscation and Disposition of Aquatic Products
Section 12.110. Disposition of Confiscated Game
Section 12.1101. Seizure and Disposal of Certain Animals' Pelts and Carcasses
Section 12.1104. Removal and Disposal of Abandoned Fishing Device
Section 12.1105. Seizure and Disposition of Unlawful Fishing Devices
Section 12.1106. Seizure and Disposition of Contraband; Immunity
Section 12.113. Coastal Survey Charts Admissible
Section 12.114. Driver's License or Personal Identification Certificate Required
Section 12.116. Justice Court to Provide Affidavits Certifying Certain Convictions
Section 12.119. Violation of Commission Rule on Possession of License; Penalty