reglab/housing_qa huggingface dataset:
TX Pks & Wildlife Code § 83.015 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 83 - Federal-State Agreements|Subchapter B. Habitat Protection by Political Subdivisions|Section 83.015. Biological Review; Criteria

Sec. 83.015.  BIOLOGICAL REVIEW;  CRITERIA.  (a)  Except as provided by Subsection (f), a regional habitat conservation plan, including any mitigation fee, shall be based on the amount of harm to each endangered species to be protected under the regional habitat conservation plan.(b)  Except as provided by Subsection (f), the size of proposed habitat preserves shall be based solely on the amount of harm to the endangered species to be protected in the regional habitat conservation plan.(c)  The plan participants, together with the commission and the landowner members of the citizens advisory committee, shall appoint a biological advisory team.  At least one member shall be appointed by the commission and one member by the landowner members of the citizens advisory committee.  The member appointed by the commission serves as presiding officer of the team.  The team shall assist in:(1)  the calculation of harm to the endangered species;  and(2)  the sizing and configuring of the habitat preserves.(d)  Meetings of the biological advisory team are subject to the open meetings law, Chapter 551, Government Code, and all work product of the biological advisory team is subject to the open records law, Chapter 552, Government Code.(e)  For purposes of this section, "recovery criteria" means the criteria developed under a recovery plan in accordance with the federal act.(f)  After notice and hearing by the plan participants, the following may be based partly on any recovery criteria applicable to each endangered species to be protected under the plan:(1)  a regional habitat conservation plan, including any mitigation fee; or(2)  the size of proposed habitat preserves.|Added by Acts 1999, 76th Leg., ch. 1268, Sec. 3, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 388 (S.B. 1455), Sec. 2, eff. June 17, 2005.|
TX Pks & Wildlife Code § 83.016 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 83 - Federal-State Agreements|Subchapter B. Habitat Protection by Political Subdivisions|Section 83.016. Citizens Advisory Committee

Sec. 83.016.  CITIZENS ADVISORY COMMITTEE.  (a)  The plan participants shall appoint a citizens advisory committee to assist in preparing the regional habitat conservation plan and the application for a federal permit.(b)  At least four members or 33 percent of the citizens advisory committee, whichever is greater in number, must own undeveloped land or land in agricultural use in the regional habitat conservation plan area.  A landowner member may not be an employee or elected official of a plan participant or any other local, state, or federal governmental entity.(c)  Not later than the 90th day after the initial identification of the proposed preserve system for the regional habitat conservation plan, the plan participants shall appoint one additional landowner, who owns land within the proposed habitat preserve system, to the citizens advisory committee.  The additional landowner member must comply with Subsection (b).(d)  The commission shall appoint one representative to the citizens advisory committee.  The commission's representative is a voting member of the committee.|Added by Acts 1999, 76th Leg., ch. 1268, Sec. 3, eff. Sept. 1, 1999.|
TX Pks & Wildlife Code § 83.017 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 83 - Federal-State Agreements|Subchapter B. Habitat Protection by Political Subdivisions|Section 83.017. Development of Regional Habitat Conservation Plan

Sec. 83.017.  DEVELOPMENT OF REGIONAL HABITAT CONSERVATION PLAN.  (a)  Meetings of the citizens advisory committee and meetings of the plan participants regarding planning, development, and implementation of the regional habitat conservation plan are subject to the open meetings law, Chapter 551, Government Code.(b)  All data, reports, and other information regarding the regional habitat conservation plan, including field notes, lab notes, and any other information relied on by the biological advisory team, are subject to the open records law, Chapter 552, Government Code.(c)  Not later than the 60th day after the plan participants' initial identification of the proposed habitat preserve system for the federal permit, the plan participants shall notify in writing each owner of land identified by the plan participants as habitat preserve or potential habitat preserve.  The plan participants shall use the county tax rolls to identify the owners of land identified as habitat preserve or potential habitat preserve.  The written notice must include at least the following information:(1)  the tax identification and parcel numbers;(2)  the owner's name and address;(3)  an explanation of the designation or possible designation of the tract as habitat preserve or potential habitat preserve under the regional habitat conservation plan;(4)  identification of the citizens advisory committee members, including telephone numbers, addresses, and the group that each committee member represents;(5)  identification of employees or agents of plan participants who can provide information about the regional habitat conservation plan;(6)  the date of the next citizens advisory committee meeting or plan participant meeting regarding the regional habitat conservation plan; and(7)  a description of the status of the regional habitat conservation plan.|Added by Acts 1999, 76th Leg., ch. 1268, Sec. 3, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 388 (S.B. 1455), Sec. 3, eff. June 17, 2005.|
TX Pks & Wildlife Code § 83.018 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 83 - Federal-State Agreements|Subchapter B. Habitat Protection by Political Subdivisions|Section 83.018. Preserve Acquisition

Sec. 83.018.  PRESERVE ACQUISITION.  (a)  The designation of a tract of land as habitat preserve or potential habitat preserve or the presence of endangered species or endangered species habitat may not be considered in determining the fair market value of the property for acquisition as a habitat preserve.(b)  A change to plan participant rules and regulations, including land development standards, that occurs after the earliest date that the biological advisory team, citizens advisory committee, or plan participant initially identifies a tract of land as habitat preserve or potential habitat preserve may not be considered in determining the fair market value of the land for acquisition as a habitat preserve.(c)  Except as provided by Subsection (d), the plan participants shall make offers based on fair market value to the landowners for the acquisition of fee simple or other interest in land designated in the regional habitat conservation plan as proposed habitat preserve not later than four years after the issuance of the federal permit or six years after the initial application for the federal permit, whichever is later.  Except as provided by Subsection (e), acquisition of all habitat preserves designated as proposed habitat preserves in the regional habitat conservation plan must be completed not later than the sixth anniversary of the date on which the federal permit was issued.  A plan participant subject to this subsection who does not meet an applicable deadline shall file an application to amend the federal permit to remove the nonacquired habitat preserve land from the regional habitat conservation plan as a habitat preserve not later than the 60th day after the expiration of the applicable deadline.(d)  If plan participants have not designated a landowner's land as proposed habitat preserve in a regional habitat conservation plan before the date on which the federal permit is issued but designate the land as proposed habitat preserve in a regional habitat conservation plan on or after that date, plan participants shall make an offer to the landowner based on fair market value for the acquisition of fee simple or other interest in the land not later than the fourth anniversary of the date on which the land is identified or designated as proposed habitat preserve.(e)  Plan participants must complete acquisition of land subject to Subsection (d) as habitat preserves not later than the fifth anniversary of the date on which the plan participants identified or designated the land as proposed habitat preserves.|Added by Acts 1999, 76th Leg., ch. 1268, Sec. 3, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 388 (S.B. 1455), Sec. 4, eff. June 17, 2005.|
TX Pks & Wildlife Code § 83.019 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 83 - Federal-State Agreements|Subchapter B. Habitat Protection by Political Subdivisions|Section 83.019. Notice and Hearing Requirements

Sec. 83.019.  NOTICE AND HEARING REQUIREMENTS.  (a)  A plan participant must comply with the notice and hearing requirements of this section before adopting any regional habitat conservation plan, plan amendment, ordinance, budget, fee schedule, rule, regulation, or order to implement this subchapter.(b)  The plan participant, individually or through interlocal contract, shall publish a notice, including a brief description of the proposed action and the time and place of a public hearing on the proposed action, not later than the 30th day before the public hearing in the newspaper of largest general circulation in the county in which the plan participant proposing the action is located.(c)  A public hearing on the proposed action shall be held at the time and place specified in the notice.|Added by Acts 1999, 76th Leg., ch. 1268, Sec. 3, eff. Sept. 1, 1999.|
TX Pks & Wildlife Code § 83.020 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 83 - Federal-State Agreements|Subchapter B. Habitat Protection by Political Subdivisions|Section 83.020. Grievance With Development of Regional Habitat Conservation Plan

Sec. 83.020.  GRIEVANCE WITH DEVELOPMENT OF REGIONAL HABITAT CONSERVATION PLAN.  (a)  An individual appointed to a citizens advisory committee under Section 83.016(b) may file a grievance with the commission regarding the development of a regional habitat conservation plan under this subchapter if the individual believes that the plan is being developed in violation of this subchapter.  The individual filing the grievance must have been a member of the citizens advisory committee for the plan named in the grievance.(b)  A grievance must be filed under this section not later than the 60th day after the date the plan is approved by the plan participants.  The grievance must cite each provision of this subchapter alleged to have been violated during the development of the plan and must describe each act alleged to have violated this subchapter.(c)  The commission shall review a grievance filed under this section to determine whether the plan is being developed in compliance with this subchapter.  If after reviewing the grievance the commission finds that the grievance has no merit, the commission may dismiss the grievance.  If the commission finds that the grievance does have merit, the commission must hold a public hearing in accordance with Chapter 551, Government Code.  The commission shall take testimony from each plan participant and from the individual filing the grievance.  On conclusion of testimony, the commission shall vote on whether to approve or dismiss the grievance or to schedule a public hearing not later than the 30th day after the conclusion of the initial public hearing and to vote after the conclusion of that hearing whether to approve or dismiss the grievance.(d)  If the commission approves the grievance, the commission shall instruct the plan participant or participants to amend the plan so that it will comply with this subchapter. (e)  Repealed by Acts 2005, 79th Leg., Ch. 388, Sec. 6, eff. June 17, 2005.(f)  If an individual files a grievance under this section, that individual may not file a subsequent grievance.|Added by Acts 1999, 76th Leg., ch. 1268, Sec. 3, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 388 (S.B. 1455), Sec. 5, eff. June 17, 2005.Acts 2005, 79th Leg., Ch. 388 (S.B. 1455), Sec. 6, eff. June 17, 2005.|
TX Pks & Wildlife Code § 89.001 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter A. General Provisions|Section 89.001. Definitions

Sec. 89.001.  DEFINITIONS.  In this chapter:(1)  "Artificial reef" means a structure or system of structures constructed, placed, or permitted in water covered under this chapter for the purpose of enhancing fishery resources and commercial and recreational fishing opportunities.(2)  "National Fishing Enhancement Act" means Title II of Public Law No. 98-623, enacting 16 U.S.C. Section 1220d and 33 U.S.C. Sections 2101 through 2106 and amending 16 U.S.C. Sections 1220 through 1220c.(3)  "Reef materials" includes only materials allowed under the national artificial reef plan adopted under the National Fishing Enhancement Act for construction of artificial reefs.(4)  "Water covered under this chapter" means the navigable water of Texas and water of the federal fisheries conservation zone adjacent to Texas water.|Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.|
TX Pks & Wildlife Code § 89.002 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter A. General Provisions|Section 89.002. General Duties

Sec. 89.002.  GENERAL DUTIES.  (a)  The department shall promote, develop, maintain, monitor, and enhance the artificial reef potential in water covered under this chapter.(b)  In carrying out the duties under Subsection (a) of this section, the department shall:(1)  plan and review permit applications for artificial reefs;(2)  coordinate with relevant state and federal agencies;(3)  hold public hearings on proposed artificial reefs;(4)  oversee maintenance and placement requirements of artificial reefs;  and(5)  develop rules and guidelines, in conjunction with the advisory committee, in the collection of fees, grants, and donations to the artificial reef account.|Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 58, eff. Sept. 1, 1993.|
TX Pks & Wildlife Code § 89.0025 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter A. General Provisions|Section 89.0025. Rules

Sec. 89.0025.  RULES.  The commission may adopt rules and guidelines as necessary to implement this chapter.|Added by Acts 2005, 79th Leg., Ch. 190 (H.B. 883), Sec. 1, eff. May 27, 2005.|
TX Pks & Wildlife Code § 89.003 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter A. General Provisions|Section 89.003. Department Authorized to Serve as Permittee

Sec. 89.003.  DEPARTMENT AUTHORIZED TO SERVE AS PERMITTEE.  (a)  The department may apply for a federal permit and serve as permittee for an artificial reef located in water covered under this chapter if the establishment of the reef complies with this chapter and the National Fishing Enhancement Act.(b)  In applying for a permit under this section, the department shall:(1)  consult with and consider the views of appropriate federal and state agencies, local governments, and other interested persons;(2)  ensure that the provisions in the permit for siting, constructing, monitoring, maintaining, and managing an artificial reef are consistent with the criteria and standards established under this chapter and the National Fishing Enhancement Act;(3)  ensure that title to an artificial reef component or construction material is unambiguous;  and(4)  consider the national artificial reef plan adopted under the National Fishing Enhancement Act and notify the Secretary of the United States Department of Commerce of any need to deviate from that plan.|Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.|
TX Pks & Wildlife Code § 89.004 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter A. General Provisions|Section 89.004. Person Other Than Department as Permittee

Sec. 89.004.  PERSON OTHER THAN DEPARTMENT AS PERMITTEE.  The department shall review and comment on an application for an artificial reef permit by a person other than the department to ensure that the conditions of the permit are consistent with the state artificial reef plan and the National Fishing Enhancement Act.|Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.|
TX Pks & Wildlife Code § 89.005 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter A. General Provisions|Section 89.005. Use of Bridges, Tunnels, and Causeways

Text of section as added by Acts 2001, 77th Leg., ch. 968, Sec. 46Sec. 89.005.  USE OF BRIDGES, TUNNELS, AND CAUSEWAYS.  (a)  The department, in cooperation with the Texas Department of Transportation and local governments, may use obsolete bridges, tunnels, and causeways to create artificial reefs under this chapter.(b)  The department may receive from the Texas Department of Transportation the transfer of obsolete bridges, tunnels, and causeways to create artificial reefs.(c)  The department may provide assistance, including money, to a local government to fulfill the purposes of this section.(d)  Any money appropriated to the department for the artificial reef program under this chapter may be used for the purposes of this section.|Added by Acts 2001, 77th Leg., ch. 968, Sec. 46, eff. Sept. 1, 2001.|
TX Pks & Wildlife Code § 89.005 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter A. General Provisions|Section 89.005. Use of Bridges, Tunnels, and Causeways

Text of section as added by Acts 2001, 77th Leg., ch. 1137, Sec. 1Sec. 89.005.  USE OF BRIDGES, TUNNELS, AND CAUSEWAYS.  (a)  The Texas Department of Transportation shall coordinate with the department and local governments to use obsolete bridges, tunnels, and causeways to create artificial reefs under this chapter.(b)  The Texas Department of Transportation may transfer obsolete bridges, tunnels, and causeways to the department to create artificial reefs. (c)  The department may provide assistance, including money, to a local government to fulfill the purposes of this section.(d)  Any money appropriated to the department for the artificial reef program under this chapter may be used for the purposes of this section.|Added by Acts 2001, 77th Leg., ch. 1137, Sec. 1, eff. June 15, 2001.|
TX Pks & Wildlife Code § 89.006 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter A. General Provisions|Section 89.006. Reef Construction by Others

Sec. 89.006.  REEF CONSTRUCTION BY OTHERS.  The department may authorize a person to place a donation of reef materials in a permitted zone in accordance with this chapter and commission rules and guidelines.|Added by Acts 2005, 79th Leg., Ch. 190 (H.B. 883), Sec. 1, eff. May 27, 2005.|
TX Pks & Wildlife Code § 89.021 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter B. State Artificial Reef Plan|Section 89.021. State Artificial Reef Plan

Sec. 89.021.  STATE ARTIFICIAL REEF PLAN.  (a)  The department shall develop a state artificial reef plan that meets the purpose of this chapter and is consistent with the standards under Section 89.023 of this code.(b)  The department shall administer and enforce the plan in accordance with this chapter and the National Fishing Enhancement Act.(c)  The department shall develop any additional technical information needed to carry out the plan.(d)  Repealed by Acts 1999, 76th Leg., ch. 925, Sec. 2(5), eff. Sept. 1, 1999.|Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 925, Sec. 2, eff. Sept. 1, 1999.|
TX Pks & Wildlife Code § 89.022 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter B. State Artificial Reef Plan|Section 89.022. Required Provisions

Sec. 89.022.  REQUIRED PROVISIONS.  The state artificial reef plan must include:(1)  operational guidelines for the plan, including specific participant roles, and projected funding requirements for the plan;(2)  geographic, hydrographic, geological, biological, ecological, social, economic, and other criteria for permitting and siting artificial reefs;(3)  design, materials, and other criteria for establishing, constructing, and maintaining artificial reefs;(4)  mechanisms and methodologies for monitoring artificial reefs in compliance with the requirements of permits issued under the National Fishing Enhancement Act;(5)  mechanisms and methodologies for managing the use of artificial reefs;(6)  a map that depicts priority areas for artificial reef development consistent with this chapter and the National Fishing Enhancement Act;  and(7)  provisions for managing the artificial reef account in a manner that will assure successful implementation of the plan.|Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 59, eff. Sept. 1, 1993.|
TX Pks & Wildlife Code § 89.023 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter B. State Artificial Reef Plan|Section 89.023. Standards

Sec. 89.023.  STANDARDS.  An artificial reef located in water covered under this chapter must be sited, constructed, maintained, monitored, and managed in a manner that:(1)  enhances and conserves fishery resources to the maximum extent practicable;(2)  facilitates access and use by Texas recreational and commercial fishermen;(3)  minimizes conflicts among competing uses of water and water resources;(4)  minimizes environmental risks and risks to personal and public health and property;(5)  is consistent with generally accepted principles of international law and national fishing law and does not create any unreasonable obstruction to navigation;(6)  uses the best scientific information available;  and(7)  conforms to the state artificial reef plan.|Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.|
TX Pks & Wildlife Code § 89.024 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle H - Artificial Reefs|Chapter 89 - Artificial Reefs|Subchapter B. State Artificial Reef Plan|Section 89.024. Completion Date

Sec. 89.024.  COMPLETION DATE.  The department must complete the state artificial reef plan on or before September 1, 1990.|Added by Acts 1989, 71st Leg., ch. 47, Sec. 1, eff. May 1, 1989.|