reglab/housing_qa huggingface dataset:
TX Pks & Wildlife Code § 84.004 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 84 - Texas Farm and Ranch Lands Conservation Program|Section 84.004. Terms of Agricultural Conservation Easement

Sec. 84.004.  TERMS OF AGRICULTURAL CONSERVATION EASEMENT.  (a)  An agricultural conservation easement under this chapter must be perpetual or for a term of 30 years.(b)  The owner of qualified land and a potential purchaser of an agricultural conservation easement should consider and negotiate easement terms, including the following considerations:(1)  whether the landowner will receive a lump sum or annual payments;(2)  whether the term of the easement shall be perpetual or for a term of 30 years;(3)  whether a term easement is renewable;(4)  whether the landowner retains limited development rights; and(5)  the purchase price of the easement.(c)  An agricultural conservation easement may not be assigned to or enforced by a third party without the express written consent of the landowner.|Transferred, redesignated and amended from Natural Resources Code, Subchapter B, Chapter 183 by Acts 2015, 84th Leg., R.S., Ch. 401 (H.B. 1925), Sec. 1, eff. June 10, 2015.|
TX Pks & Wildlife Code § 84.005 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 84 - Texas Farm and Ranch Lands Conservation Program|Section 84.005. Termination of Easement

Sec. 84.005.  TERMINATION OF EASEMENT.  (a)  Any time after an agricultural conservation easement is acquired with a grant awarded under this chapter, the landowner may request that the council terminate the easement as provided by Subsection (b) on the ground that the landowner is unable to meet the conservation goals as described by Section 84.002(1).  The termination request must contain a verifiable statement of impossibility.(b)  On receipt of the request for termination, the council shall notify the qualified easement holder and conduct an inquiry.  Not later than the 180th day after the date the council receives the request, the council shall notify the parties of the decision to grant or deny the request for termination.  Either party may appeal the decision in district court not later than the 45th day after the date of the notification.|Transferred, redesignated and amended from Natural Resources Code, Subchapter B, Chapter 183 by Acts 2015, 84th Leg., R.S., Ch. 401 (H.B. 1925), Sec. 1, eff. June 10, 2015.|
TX Pks & Wildlife Code § 84.006 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 84 - Texas Farm and Ranch Lands Conservation Program|Section 84.006. Repurchase by Landowner

Sec. 84.006.  REPURCHASE BY LANDOWNER.  (a)  In this section:(1)  "Agricultural value" means the price as of the appraisal date a buyer willing, but not obligated, to buy would pay for a farm or ranch unit with land comparable in quality and composition to the subject property, but located in the nearest location where profitable farming or ranching is feasible.(2)  "Fair market value" means the price as of the appraisal date that a buyer willing, but not obligated, to buy would pay for the land at its best and most beneficial use under any obtainable development zoning category.(b)  If a request for termination of an agricultural conservation easement is granted under Section 84.005, the director shall order an appraisal of the fair market value and the agricultural value of the property subject to the easement.  The landowner shall bear the cost of the appraisal.(c)  Not later than the 180th day after the date of the appraisal under Subsection (b), the landowner must pay to the qualified easement holder an amount equal to the difference between the fair market value and the agricultural value.  The qualified easement holder shall pay to the fund any amounts received under this subsection, not to exceed the amount paid by the fund for purchase of the easement.(d)  Not later than the 30th day after the date of payment by the landowner under Subsection (c), the qualified easement holder shall terminate the easement.(e)  If the request for termination is denied or if the landowner fails to make the payment required by Subsection (c) in the time required by that subsection, the landowner may not submit another request for termination of the easement before the fifth anniversary of the date of the last request.|Transferred, redesignated and amended from Natural Resources Code, Subchapter B, Chapter 183 by Acts 2015, 84th Leg., R.S., Ch. 401 (H.B. 1925), Sec. 1, eff. June 10, 2015.|
TX Pks & Wildlife Code § 84.008 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 84 - Texas Farm and Ranch Lands Conservation Program|Section 84.008. Texas Farm and Ranch Lands Conservation Fund

Sec. 84.008.  TEXAS FARM AND RANCH LANDS CONSERVATION FUND.  (a)  The Texas farm and ranch lands conservation fund is an account in the general revenue fund that may be appropriated only to the department to be used as provided by Subsection (b).  The fund may not be used for grants to purchase or acquire any right or interest in property by eminent domain.  The fund consists of:(1)  money appropriated by the legislature to the fund;(2)  public or private grants, gifts, donations, or contributions;(3)  funds from any other source, including proceeds from the sale of bonds, state or federal mitigation funds, or funds from any local, state, or federal program;(4)  proceeds of the sale of real property not required for the management of real property under Section 31.065(d), Natural Resources Code; and(5)  proceeds of the sale of real property under Section 31.066(d), Natural Resources Code.(b)  The fund may be used only:(1)  to award grants to qualified easement holders for the purchase of agricultural conservation easements;(2)  to pay transaction costs related to the purchase of agricultural conservation easements, which may include reimbursement of appraisal costs; and(3)  to pay associated administrative costs of the department, not to exceed five percent of the money in the fund.|Transferred, redesignated and amended from Natural Resources Code, Subchapter B, Chapter 183 by Acts 2015, 84th Leg., R.S., Ch. 401 (H.B. 1925), Sec. 1, eff. June 10, 2015.|
TX Pks & Wildlife Code § 84.009 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 84 - Texas Farm and Ranch Lands Conservation Program|Section 84.009. Administration of Fund

Sec. 84.009.  ADMINISTRATION OF FUND.  (a)  The council may:(1)  adopt rules necessary to perform program duties under this chapter;(2)  request, accept, and use gifts, loans, donations, aid, appropriations, guaranties, subsidies, grants, or contributions of any item of value for the furtherance of any purposes of this chapter;(3)  establish, charge, and collect fees, charges, and penalties in connection with the programs, services, and activities provided for by this chapter;(4)  make, enter into, and enforce contracts and agreements, and take other actions as may accomplish any of the purposes of this chapter;(5)  seek ways to coordinate and leverage public and private sources of funding;(6)  adopt best practices and enforcement standards for the evaluation of easements purchased through grants from the fund;(7)  establish a protocol for the purchase of agricultural conservation easements and for the distribution of funds to approved applicants;(8)  administer grants awarded to successful applicants;(9)  ensure that agricultural conservation easements purchased under this chapter are not inconsistent with the preservation of open space and the conservation of wildlife habitat or water; and(10)  approve the termination of easements and take any other action necessary to further the goals of the program.(b)  To receive a grant from the fund under this chapter, an applicant who is qualified to be an easement holder under this chapter must submit an application to the council.  The application must:(1)  set out the parties' clear conservation goals consistent with the program;(2)  include a site-specific estimate-of-value appraisal by a licensed appraiser qualified to determine the market value of the easement; and(3)  include a memorandum of understanding signed by the landowner and the applicant indicating intent to sell an agricultural conservation easement and containing the terms of the contract for the sale of the easement.(c)  For the purposes of determining the amount of a grant under this chapter, the value of an agricultural conservation easement shall be determined by a site-specific estimate-of-value appraisal performed by a licensed, qualified appraiser.|Transferred, redesignated and amended from Natural Resources Code, Subchapter B, Chapter 183 by Acts 2015, 84th Leg., R.S., Ch. 401 (H.B. 1925), Sec. 1, eff. June 10, 2015.|
TX Pks & Wildlife Code § 84.010 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 84 - Texas Farm and Ranch Lands Conservation Program|Section 84.010. Criteria for Awarding Grants

Sec. 84.010.  CRITERIA FOR AWARDING GRANTS.  The council shall:(1)  give priority to applications that protect agricultural lands that are susceptible to development, including subdivision and fragmentation; and(2)  adopt a scoring process to be used in evaluating applications that considers the following:(A)  maintenance of landscape and watershed integrity to conserve water and natural resources;(B)  protection of habitats for native plant and animal species, including habitats for endangered, threatened, rare, or sensitive species;(C)  potential for leveraging state money allocated to the program with additional public or private money;(D)  proximity of the subject property to other protected lands;(E)  the term of the proposed easement, whether perpetual or for a term of 30 years; and(F)  a resource management plan agreed to by both parties and approved by the council.|Transferred, redesignated and amended from Natural Resources Code, Subchapter B, Chapter 183 by Acts 2015, 84th Leg., R.S., Ch. 401 (H.B. 1925), Sec. 1, eff. June 10, 2015.|
TX Pks & Wildlife Code § 84.012 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 84 - Texas Farm and Ranch Lands Conservation Program|Section 84.012. Effect on Tax Appraisal

Sec. 84.012. EFFECT ON TAX APPRAISAL.  An agricultural conservation easement under this chapter does not affect the eligibility of the property subject to the easement for appraisal for ad valorem tax purposes under Subchapter D, Chapter 23, Tax Code.|Transferred, redesignated and amended from Natural Resources Code, Subchapter B, Chapter 183 by Acts 2015, 84th Leg., R.S., Ch. 401 (H.B. 1925), Sec. 1, eff. June 10, 2015.|
TX Pks & Wildlife Code § 84.013 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle E - Wildlife Management Areas, Sanctuaries, and Preserves|Chapter 84 - Texas Farm and Ranch Lands Conservation Program|Section 84.013. Report to Texas Department of Transportation

Sec. 84.013.  REPORT TO TEXAS DEPARTMENT OF TRANSPORTATION.  Not later than the 10th day after the date of a closing of a purchase of an easement under this chapter, the department shall provide the Texas Department of Transportation a legal description of the property subject to the easement and shall include with the description the date the closing occurred.|Transferred, redesignated and amended from Natural Resources Code, Subchapter B, Chapter 183 by Acts 2015, 84th Leg., R.S., Ch. 401 (H.B. 1925), Sec. 1, eff. June 10, 2015.|
TX Pks & Wildlife Code § 86.001 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.001. Management and Protection

Sec. 86.001.  MANAGEMENT AND PROTECTION.  The commission shall manage, control, and protect marl and sand of commercial value and all gravel, shell, and mudshell located within the tidewater limits of the state, and on islands within those limits, and within the freshwater areas of the state not embraced by a survey of private land, and on islands within those areas.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 86.002 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.002. Permit Required; Penalty

Sec. 86.002.  PERMIT REQUIRED;  PENALTY.  (a)  No person may disturb or take marl, sand, gravel, shell, or mudshell under the management and protection of the commission or operate in or disturb any oyster bed or fishing water for any purpose other than that necessary or incidental to navigation or dredging under state or federal authority without first having acquired from the commission a permit authorizing the activity.(b)  Each day's operation in violation of this section constitutes a separate offense.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 3, Sec. 105, eff. Sept. 1, 1985.|
TX Pks & Wildlife Code § 86.003 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.003. Application for Permit

Sec. 86.003.  APPLICATION FOR PERMIT.  (a)  A person desiring a permit may apply to the commission.(b)  The application must be in writing and must describe the area in which authorization to operate is sought.(c)  The commission shall prescribe a single application form for an individual or general permit.  The form must require individual and general permit applicants to provide the same information, including information regarding:(1)  the publication of notice in:(A)  the daily or weekly newspaper with the greatest circulation in the county or counties affected by the issuance of the permit for three consecutive days, if daily; and(B)  one newspaper published for the community closest to the proposed area of disturbance, if any;(2)  proof that notice was sent by certified mail to alongshore property owners of property one river mile above and below the proposed area of disturbance described in the permit;(3)  a sedimentation impact assessment approved by the department; and(4)  any amendments to the permit, if the application is for the renewal of a permit.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.Amended by: Acts 2019, 86th Leg., R.S., Ch. 486 (H.B. 2805), Sec. 1, eff. September 1, 2019.|
TX Pks & Wildlife Code § 86.004 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.004. Granting of Permit

Sec. 86.004.  GRANTING OF PERMIT.  The commission may grant a permit to an applicant who has complied with all requirements of the commission if the commission finds that the disturbing, taking, and carrying away of marl, sand, gravel, shell, or mudshell will not:(1)  damage or injuriously affect any island, reef, bar, channel, river, creek, or bayou used for navigation, or any oysters, oyster beds, fish, or wildlife in or near the water used in the operation;(2)  change or injuriously affect any current that would affect navigation;(3)  significantly and injuriously change the hydrology of the river;(4)  significantly increase downstream nonpoint source pollution;  and(5)  significantly accelerate erosion upstream or downstream from the place where the taking occurs.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1995, 74th Leg., ch. 923, Sec. 1, eff. Sept. 1, 1995.|
TX Pks & Wildlife Code § 86.005 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.005. Economic Considerations

Sec. 86.005.  ECONOMIC CONSIDERATIONS.  In determining whether or not a permit should be granted, the commission shall consider the injurious effect on oysters, oyster beds, and fish in or near the water used in the operation as well as the needs of industry for marl, sand, gravel, shell, and mudshell and its relative value to the state for commercial use.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 86.006 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.006. Permit

Sec. 86.006.  PERMIT.  (a)  The permit shall identify the person authorized to disturb, take, or carry away marl, sand, gravel, shell, or mudshell and shall describe the nature of the material that may be disturbed, taken, or carried away.(b)  The permit shall describe the area where the operation may occur and shall state the purpose of the operation.(c)  The permit may contain other terms and conditions.(d)  A general permit issued under this chapter has a maximum term length of one year.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.Amended by: Acts 2019, 86th Leg., R.S., Ch. 486 (H.B. 2805), Sec. 2, eff. September 1, 2019.|
TX Pks & Wildlife Code § 86.007 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.007. Permit by Rule

Sec. 86.007.  PERMIT BY RULE.  (a)  The commission by rule may establish conditions under which specified activities are authorized without the requirement of individual permits under this chapter.  An activity conducted in accordance with those conditions is considered to be under a permit.(b)  Rules adopted under this section shall require a person proposing to rely on the authorization provided for by this section to notify the department and, as appropriate, to report to the department during and after the activity.  The rules may provide for a waiver of the requirement for advance notification in an emergency.  The commission may require a nonrefundable processing fee to be submitted with the notification.(c)  The department, under rules adopted under this section, may require an individual permit for any proposed activity.(d)  In addition to the requirements under Subchapter B, Chapter 2001, Government Code, the rules shall require public notification of the proposed activity to provide the public with an opportunity to comment on the appropriateness of requiring an individual permit.(e)  The rules must establish best management practices that must be followed to minimize potential adverse effects on resources under the commission's jurisdiction.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1995, 74th Leg., ch. 923, Sec. 2, eff. Sept. 1, 1995.|
TX Pks & Wildlife Code § 86.008 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.008. Denial of Permit

Sec. 86.008.  DENIAL OF PERMIT.  If the commission refuses to grant a permit to an applicant, it shall make a full written finding of facts explaining the reason for the refusal.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 86.009 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.009. Termination and Revocation

Sec. 86.009.  TERMINATION AND REVOCATION.  The failure or refusal by the holder of a permit to comply with any term or condition of the permit operates as an immediate termination and revocation of all rights conferred or claimed under the permit.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 86.010 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.010. Removal and Replanting of Oysters and Oyster Beds

Sec. 86.010.  REMOVAL AND REPLANTING OF OYSTERS AND OYSTER BEDS.  (a)  The commission may remove oysters and oyster beds and replant them in other natural or artificial reefs if the commission finds that the removal and replanting will benefit the growth and propagation or the betterment of oysters and oyster beds or fishing conditions.(b)  The removal and replanting of oysters and oyster beds shall be at the expense of the person holding a permit or of an applicant for a permit and not the state.(c)  Before authorizing the removal and replanting of oysters or oyster beds the commission shall give notice to interested parties and hold a hearing on the subject.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.|
TX Pks & Wildlife Code § 86.0105 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.0105. Removal Report

Sec. 86.0105.  REMOVAL REPORT.  A person holding a permit issued under this chapter shall deliver to the department a report stating how much marl, sand, gravel, shell, or mudshell was removed during the term of the permit.  The commission shall adopt rules regarding the delivery and format of the report.|Added by Acts 2019, 86th Leg., R.S., Ch. 486 (H.B. 2805), Sec. 3, eff. September 1, 2019.|
TX Pks & Wildlife Code § 86.011 (2021)
2021 Texas Statutes|Parks and Wildlife Code|Title 5 - Wildlife and Plant Conservation|Subtitle F - Marl, Sand, Gravel, Shell, and Mudshell|Chapter 86 - Marl, Sand, Gravel, Shell, and Mudshell|Section 86.011. Delegation of Authority

Sec. 86.011.  DELEGATION OF AUTHORITY.  (a)  The commission may delegate to the director authority to grant uncontested permits under this section if:(1)  the application meets all statutory and administrative criteria;(2)  no new issues affecting commission policy are presented;(3)  no objection is raised by department staff;  and(4)  no timely written requests for hearing are filed or all requests for hearing have been withdrawn.(b)  On request by the applicant or a concerned person with a justiciable interest, the commission shall review an application.|Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1995, 74th Leg., ch. 923, Sec. 3, eff. Sept. 1, 1995.|