San Marcos River Linear State Park Proposal



Proposal for a Low Budget Linear State Park on the San Marcos River

No land acquisition (the river and streambed already belongs to the state).

No welcome center, no restrooms, no mowing, no maintenance (river clean ups are currently performed at no charge to the state).

Few employees.  A part time superintendent may be sufficient.

No use fees or concessions (unless new access points are acquired).

Enforcement costs:  It is true that police officers will be needed to enforce state park regulations (especially the no public consumption rule).  But any peace officer in the state may enforce TPW rules:

Sec. 13.109.  ENFORCEMENT OF REGULATIONS.  Regulations adopted under this subchapter may be enforced by any peace officer, including those employees of the department commissioned as peace officers under Section 11.019 of this code.  A notice to appear may be issued by a peace officer for violation of a regulation on a form prescribed by the commission.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.

The City of San Marcos has an ample police force to enforce laws within the city limits.

The counties involved will have to provide for some additional law enforcement, especially initially, until people understand that no public consumption is allowed. These counties will receive 15 to 20% of the fines collected. The department will receive the bulk of these fines:

Sec. 12.107.  REMISSION OF FINES. (a) A justice of the peace, clerk of any court, or any other officer of the state who receives a fine imposed by a court for a violation of this code or a regulation of the commission adopted under this code shall send the fine to the department within 10 days after the date of collection. A statement containing the docket number of the case, the name of the person fined, and the section of this code or the regulation violated must accompany the remission of the fine. 

(b) The amount of the fine to be remitted to the department is 80 percent in county court or higher court cases and 85 percent in justice court cases.

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1985, 69th Leg., ch. 269, Sec. 4, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 338, Sec. 2, eff. Sept. 1, 1993. 

Signage:  It is true that some signage will be required for this new state park.  We suggest that landowners will provide the space for the placement of signs and that the cost of the signs will be borne by the City of San Marcos, the counties, and non profits such as the Texas Rivers Protection Association.