(a) Park visitor services and accommodations may be operated by a concessioner under contractual arrangements with the department. Park concessions shall be limited to visitor services and accommodations that are necessary and appropriate for public use and enjoyment of the state park area in which they are to be located, and that are consistent to the highest practical degree with the preservation and conservation of the area.     
      (b) Except as noted in this paragraph, all building and land improvements for overnight or day-use accommodations in state parks for which user fees are charged shall be developed at state expense. The department shall be responsible for the operation and maintenance of overnight and day-use facilities developed with state funds and shall also be responsible for the collection of user fees unless this responsibility has been specifically delegated to a concessioner. In the event cabins, lodges, or other buildings and structures are deemed essential for the public's full enjoyment of an area, and state funds are not available in priority for their development, the commission may authorize facilities to be constructed, operated, and maintained with private capital.     
      (c) In parks where certain facilities for visitor services and accommodations have been provided at state expense, a concessioner may be permitted to use said buildings, structures, and installations provided he assumes full responsibility for their maintenance and repair due to normal wear and tear.     
      (d) The executive director, subject to the provisions of commission policy, shall take such action as may be appropriate to encourage or enable the use of private capital to provide visitor services and accommodations necessary for the full enjoyment of park areas administered by the department.     
     Source Note:        The provisions of this §59.102 adopted to be effective January 2, 1997, 21 TexReg 12421; amended to be effective April 10, 2016, 41 TexReg 2593