To those interested I filed a question on TPWD web site concerning this issue. the Game Warden division sent the e-mail to Tawakoni State Park for the reply, see below and my response to her answer.
Dear Ms. Garde,
I find your response troubling at best.
I have tried to review the statute you referenced but am unable to locate it on the Texas Administrative Code Web Site. I have copied all of the information within TAC, Title 31, Part 2, Chapter 59, Sub Chapter A, Rule 59.3 for your review. Please locate 59.3(c)(150)(B) for my education. Or did you mean (15)?
You might want to educate the staff in Austin as another concerned angler inquired as to your actions and no one in Austin was familiar with any Contractual agreement required for a tournament. He also contacted other State Park Superintendents and no one seems to know what you are enforcing.
As stated in her response to me only her park is enforcing this "fee".Texas Administrative Code
TITLE 31 NATURAL RESOURCES AND CONSERVATION
PART 2 TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 59 PARKS
SUBCHAPTER A PARK ENTRANCE AND PARK USER FEES
RULE §59.3 Activity and Facility Use Fees
(a) Where variable use fees are authorized by the commission, they may be established for individual parks, activities, or facilities. Fees may also be established on a yearly, monthly, or weekly basis. The executive director is authorized to establish an annual or seasonal permit for a facility or activity in lieu of a daily fee, and may establish a replacement and/or a duplicate permit. The executive director or his/her designee may discount or waive fees in order to enhance utilization or to promote the future use of existing facilities or activities.
(b) Fee ranges--Group One:
(1) campsite-primitive--$4.00-$20;
(2) campsite-regular--$5.00-$26;
(3) campsite (with electricity)--$9.00-$26;
(4) campsite (with electricity and sewer connection)--$10-$36;
(5) screened shelter--$15-$60;
(6) shelter with amenities--$25-$75;
(7) cabins:
(A) kitchen and bath--$45-$200;
(B) limited service--$45-$100; and
(C) each additional person above capacity--$5.00--$25;
(8) recreation/meeting hall--$50-$300;
(9) group lodge:
(A) variable (by facility type)--$75-$500;
(B) variable (by number of occupants)--$15-$45;
(C) each additional person above capacity--$5.00-$25;
(10) dining hall--$65-$150;
(11) pavilion (variable by facility)--$17-$250;
(12) amphitheater--$10-$150;
(13) auditorium--$200-$650;
(14) gymnasium--$300-$850;
(15) group picnic area--$17-$200;
(16) group camps (bunkhouses, barracks, campsites, shelters), variable by type and number of facilities (units) used--$100-$1,500;
(17) hotel/motel room:
(A) single (one bed) or standard (two double beds)--$40-$95;
(B) king single (one bed)--$65-$125;
(C) suite (two double beds)--$75-$175;
(D) executive suite (two double beds)--$85-$225;
(E) additional person (adult)--$5.00-$20;
(F) additional person (child)--$2.00-$10.00; and
(G) rooms with kitchenettes--$50-$60;
(18) Bed and Breakfast rooms:
(A) single (two twin beds)--$50-$90;
(B) double (one double bed)--$50-$100;
(C) queen suite--$75-$150; and
(D) cottage--$75-200;
(19) ranch accommodations:
(A) historic ranch house--$40-$125 per person, meals available upon request; and
(B) bunkhouse (two twin beds)--$35-$75 per person, meals available upon request;
(20) excess vehicle parking (per vehicle)--$1.00-$6.00 (parking areas designated by park manager);
(21) excess occupancy fee (with facility use fee), per person--$1.00-$25;
(c) Fee ranges--Group Two:
(1) seasonal or annual activity pass--$25-$325;
(2) swimming pools use:
(A) adults--$2.00-$6.00;
(B) child (six-12)--$1.00-$4.00; and
(C) group use (before or after normal operating hours)--$35-$750;
(3) nine-hole golf course (staff operated):
(A) green fees--daily--$7.00-$15;
(i) weekends and holidays--$8.00-$25; and
(ii) 18 years of age and under (excluding weekends and holidays)--$3.00-$10; and
(B) golf trail fee for privately owned golf carts:
(i) daily--$3.00-$12.00; and
(ii) annual--$50-$175;
(4) historic steam railroad:
(A) fares:
(i) adult (one-way)--$8.00-$20;
(ii) adult (round trip)--$13-$25;
(iii) child (three-12) (one-way)--$4.00-$12.00; and
(iv) child (three-12) (round trip)--$7.00-$15;
(B) train lease for filming purposes (salaries for train crew are paid in addition to the fees listed, and a surety bond of $500,000 may be required):
(i) steam locomotive and tender (per day)--$1,500-$2,500;
(ii) diesel locomotives (per day)--$700-$1,500;
(iii) steam engine firing fuel and lubricants (per running hour)--$100-$350;
(iv) diesel locomotives fuel and lubricants (per running hour)--$50-$250;
(v) railroad car per unit (any type) (per day)--$120-$375;
(vi) rail mounted truck with driver (per day)--$280-$700;
(vii) motor car with driver (per day)--$240-$700;
(viii) short-term steam train use (after regular schedule run) three-hour minimum (per hour)--$400-$1,500;
(ix) train charter rates:
(I) 50-mile round trip (regular passenger fares) minimum--$2,500-$4,500; and
(II) 15-mile round trip (regular passenger fares) minimum--$1,650-3,750.
(5) island access fees:
(A) boat transportation fee:
(i) adults (round trip)--$10-$20; and
(ii) child (six-12) (round trip)--$5.00-$15;
(B) on island tour fee--$3.00-$18; and
(C) beach shuttle fee:
(i) adults--$2.00-$6.00; and
(ii) child (six-12)--$1.00-$4.00;
(6) state park and historic site filming fee (private, profit-oriented businesses) per day (contract and surety bond required)--$250-$10,000;
(7) activity use fee per person (day or overnight)--$2.00-$50;
(8) lake use fee--$5.00-$15;
(9) visitor shuttle fee per person--$2.00-$10;
(10) tour fee (includes educational, interpretive, instructional, adventure and/or entertaining or any combination of fees packaged into one rate) per person--$.25-$1,000;
(11) fishing pier fees--per fishing device--$1.00-$5.00;
(12) educational seminar fee--variable according to type of seminar, size of group and other applicable considerations;
(13) equipment rental fee--variable according to type of equipment and other applicable considerations;
(14) park operations fee (operating cost for special services and or resources utilized)--cost plus 20%;
(15) event fee:
(A) wedding ceremonies and receptions or other special receptions and meetings--$50-$5,000.
(B) special public activities, festivals and exhibitions when authorized and conducted--fee is variable and may be combined or packaged with other use and/or concessions fees
(16) commercial boat landing fee--$50-$1,000;
(17) fees for special events, new activities, or new facilities are authorized by the commission. These fee amounts shall be established by the executive director or a designee; and
(18) commercial use fee--variable. Fees for special activities conducted within a state park or for access to a state park for which a direct or indirect profit is the motive for conducting the activity. Public Hunting and Fishing Permits and Fees.
(d) Special access permits. Special access permits allow entry to state parks and are issued to persons selected for public hunting privileges in state parks.
(1) standard period--$75;
(2) extended period--$125.
--- On Tue, 9/9/08, Donna Garde <Donna.Garde@tpwd.state.tx.us> wrote:
From: Donna Garde <Donna.Garde@tpwd.state.tx.us>
Subject: Fishing Tournament at Lake Tawakoni State Park
To: singsamjs@sbcglobal.net
Cc: "Ellen Buchanan" <Ellen.Buchanan@tpwd.state.tx.us>, "Dyanne Cortez" <Dyanne.Cortez@tpwd.state.tx.us>, "Kevin Storey" <Kevin.Storey@tpwd.state.tx.us>, "Phillip Plata" <Phillip.Plata@tpwd.state.tx.us>
Date: Tuesday, September 9, 2008, 5:02 PM
In response to your posting below:
*** E-mail reply requested!
*** Reply to: singsamjs@sbcglobal.net
User was on this page:
http://www.tpwd.state.tx.us/warden/index.phtmlComment or Question:
Just wanted to throw is out in case anyone didn't know. Our club had a Tournament out of the state park at tawakoni yesterday now mind you it was small (7) boats. They were not going to let us launch @ the park because we didn't have a signed contract .DO WHAT!!! Well, our politicians in Austin have passed some new laws to do this. you would think our tax dollars and fishing license would be enough ! NO!! they basically want to tax our fishing some more! check with your local representatives see if they voted YES to this !
T
his has to do with the Texas Administrative Code (TAC)Title 31, Part 2, Chapter 59, Subchapter A, Rule 59.3 (c)(150)(B). Tournaments are considered a special event and we are required to collect a fee and have a contract with anyone holding a special event in a state park. Contracts should be made in advance of the event and the state collects its fees and signatures on the day of the event. The amount is very minimal for fishing tournaments (currently $1.00 per boat). This isn't a new regulation or law for TPWD, it is only now being enforced at this park.
I have added the information in the TAC laws listed above for your convenience. I hope this clears up any confusion about this matter. If you need further information please feel free to give me a call at the park. Sincerely,
Donna Garde, Superintendent
Lake Tawakoni State Park
Wills Point, TX 75169
903-560-7123
Texas Administrative Code
TITLE 31
NATURAL RESOURCES AND CONSERVATION
PART 2
TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 59
PARKS
SUBCHAPTER A
PARK ENTRANCE AND PARK USER FEES
RULE §59.3
Activity and Facility Use Fees
(c) Fee ranges--Group Two:
(15) event fee:
(B) special public activities, festivals and exhibitions when authorized and conducted--fee is variable and may be combined or packaged with other use and/or concessions fees
Rules
§59.1
General Statement
§59.2
Park Entrance and Use Fees
§59.3
Activity and Facility Use Fees
(17) fees for special events, new activities, or new facilities are authorized by the commission. These fee amounts shall be established by the executive director or a designee;
Lake Tawakoni State Park
Daily Entrance Fees
Adult (13 and over) $3
Child (12 and under) No Charge
Group School-Sponsored Trip Tour Fee $1 - $5
Special entrance rates for holders of:
Texas State Parks Pass
Youth Group Annual Entrance Permit
Texas Parklands Passport ( Bluebonnet Pass )
Facility Use Fees
CAMPING
Maximum 8 people per campsite unless otherwise noted.
76 - Campsites with electric and water hook-ups. Sites have water & electricity, a fire ring and a tent pad.
$18
2 - Accessible Campsites with electric and water hook-ups. Sites have water & electricity, a fire ring, waist high grill and a tent pad.
$18
1 - Group Youth Area. This area consists of 4 primitive sites & a water and electric site (#62). Everyone must walk through site #62 to get to these sites. What is packed in must be packed out. Fire ring in the area. Sites are about 20 yards apart and are water front. Capacity is 35 people.
$42
18 ft. X 40 ft. canopy tent is available for rental at the park. It can be put on any site in the park. Contact the park for more details.
$55
Excess Vehicle Parking (number restricted at some parks)
$2
Excess Occupancy Fee
Variable
Activity Use Fees
Activity Use Fee Per Person (day or overnight) Park closed at 10:00 p.m. except to overnight campers.
$2
Park Operations Fee (special operating cost)
cost + 10%
Franchise Fee (percentage of gross sales)
Variable
Commercial Use Fee (Concession permit)
Variable
Event Fee
Variable
Fees For Filming Purposes (per day)
$250 - $5000
NOTES
Gate is open from 7am-10pm