reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter B. Prescribed Burning Board › Section 153.047. Prescribed Burning Standards

Sec. 153.047.  PRESCRIBED BURNING STANDARDS.  Minimum standards established by the board for prescribed burning must:
(1)  ensure that prescribed burning is the controlled application of fire to naturally occurring or naturalized vegetative fuels under specified environmental conditions in accordance with a written prescription plan:
(A)  designed to confine the fire to a predetermined area and to accomplish planned land management objectives; and
(B)  that conforms to the standards established under this section;
(2)  if the prescription plan lists a certified and insured prescribed burn manager as the burn boss, require that the burn boss be present on site during the conduct of the prescribed burn;
(3)  establish appropriate guidelines for size of burning crews sufficient to:
(A)  conduct the burn in accordance with the prescription plan; and
(B)  provide adequate protection for the safety of persons and of adjacent property;
(4)  include standards for notification to adjacent land owners, the Texas Commission on Environmental Quality, and local fire authorities; and
(5)  include minimum insurance requirements for certified and insured prescribed burn managers.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.06, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 169 (H.B. 2119), Sec. 6, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 2, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 302 (H.B. 162), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter B. Prescribed Burning Board › Section 153.048. Certified and Insured Prescribed Burn Managers

Sec. 153.048.  CERTIFIED AND INSURED PRESCRIBED BURN MANAGERS.  (a)  Minimum standards established by the board for certification as a certified and insured prescribed burn manager must require the completion of the approved training curriculum to be developed and promulgated by the board and taught by an approved instructor.
(b)  The board shall certify a person as a certified and insured prescribed burn manager if the person:
(1)  applies to the board for certification;
(2)  demonstrates completion of an approved training program by an approved instructor;
(3)  pays a fee to the board in an amount determined by the board; and
(4)  meets the insurance requirements established by the board under Section 153.046.
(c)  The certification is for two years.
(d)  A person may renew certification only by completing a continuing education program established by the board.
(e)  The board shall maintain a register of certified and insured prescribed burn managers and dates of completion of initial and continuing training.
(f)  The board may waive any prerequisite to obtaining certification for an applicant after reviewing the applicant's credentials and determining that the applicant holds a valid certification from another state that has certification requirements substantially equivalent to those of this state.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.07, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 565 (S.B. 702), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 565 (S.B. 702), Sec. 3, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 38, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter B. Prescribed Burning Board › Section 153.049. Criminal History Evaluation

Sec. 153.049.  CRIMINAL HISTORY EVALUATION.  The board shall perform the duties of a licensing authority under Chapter 53, Occupations Code, for each certification issued by the board under this chapter or other law, including issuing guidelines under Section 53.025, Occupations Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 39, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter C. Limitations on Liability › Section 153.081. Limitation of Owner Liability

Sec. 153.081.  LIMITATION OF OWNER LIABILITY.
(a)  Subject to Section 153.082, an owner, lessee, or occupant of agricultural or conservation land is not liable for property damage or for injury or death to persons caused by or resulting from prescribed burning conducted on the land owned by, leased by, or occupied by the person if the prescribed burning is conducted under the supervision of a certified and insured prescribed burn manager.
(b)  This section does not apply to an owner, lessee, or occupant of agricultural or conservation land who is a certified and insured prescribed burn manager and conducts a burn on that land.
(c)  In this section, "agricultural or conservation land" means land that is located in this state and that is suitable for:
(1)  use and production of plants and fruits for human or animal consumption or plants grown for the production of fibers, floriculture, viticulture, horticulture, or planting seed;
(2)  forestry and the growing of trees for the purpose of rendering those trees into lumber, fiber, or other items used for industrial, commercial, or personal consumption;
(3)  domestic or native farm or ranch animals kept for use or profit;
(4)  management of native or exotic wildlife; or
(5)  conservation or management of an ecosystem, a forest, a habitat, a species, water, or wildlife.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.08, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 196 (S.B. 764), Sec. 1, eff. May 25, 2013.
Acts 2015, 84th Leg., R.S., Ch. 169 (H.B. 2119), Sec. 8, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter C. Limitations on Liability › Section 153.082. Insurance

Sec. 153.082.  INSURANCE.  The limitation on liability under Section 153.081 does not apply to an owner, lessee, or occupant of agricultural or conservation land unless:
(1)  the burn is conducted under the supervision of a certified and insured prescribed burn manager who has liability insurance coverage:
(A)  of at least $1 million for each single occurrence of bodily injury or death, or injury to or destruction of property; and
(B)  with a policy period minimum aggregate limit of at least $2 million; or
(2)  the owner, lessee, or occupant is a governmental unit, as that term is defined by Section 2259.001, Government Code, that has a self-insurance program that provides the amount of coverage required by Subdivision (1).
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 829, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.09, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 196 (S.B. 764), Sec. 2, eff. May 25, 2013.
Acts 2015, 84th Leg., R.S., Ch. 169 (H.B. 2119), Sec. 9, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter C. Limitations on Liability › Section 153.083. Liability Regarding Certain Prescribed Burns

Sec. 153.083.  LIABILITY REGARDING CERTAIN PRESCRIBED BURNS.  (a)  In this section, "burn boss" means an individual responsible for directing a prescribed burn under a written prescription plan described by Section 153.047.
(b)  Except as provided by Subsection (c), if a prescribed burn is conducted in accordance with a written prescription plan described by Subsection (d) and Section 153.047, a person may be held liable for property damage, personal injury, or death caused by or resulting from the burn only if the person:
(1)  is the burn boss; and
(2)  is otherwise liable under other law.
(c)  Subject to Sections 153.081 and 153.082, a person other than the burn boss, including a person assisting or acting under the direction of the burn boss, may be held liable for property damage, personal injury, or death caused by or resulting from the burn only if the person:
(1)  commits gross negligence or intentionally causes the property damage, personal injury, or death; and
(2)  is otherwise liable under other law.
(d)  For purposes of this section, if the burn boss is not the owner, lessee, or occupant of the land on which the burn is conducted, the written prescription plan must include:
(1)  the signature of:
(A)  the burn boss; or
(B)  the owner, lessee, or occupant of the land on which the burn is conducted; and
(2)  a contract acknowledging liability.
(e)  Nothing in this section may be construed to create a cause of action or to create a standard of care, obligation, or duty that forms the basis of a cause of action.
Added by Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter C. Limitations on Liability › Section 153.084. Limitation of Burn Boss Liability

Sec. 153.084.  LIMITATION OF BURN BOSS LIABILITY.  (a)  In this section, "burn boss" has the meaning assigned by Section 153.083.
(b)  Except as provided by Subsection (c), a burn boss is not liable for property damage, personal injury, or death caused by or resulting from the burn in excess of the insurance requirements established by the board for certified and insured prescribed burn managers under Section 153.046 if the burn boss:
(1)  has completed an accredited prescribed burning training course approved by the board;
(2)  has satisfied the minimum experience requirements prescribed by the board; and
(3)  has liability insurance coverage equal to or in excess of the amounts provided by Section 153.082(1).
(b-1)  Except as provided by Subsection (c), if a burn boss is a certified and insured prescribed burn manager under Section 153.048, the burn boss is not liable for property damage, personal injury, or death caused by or resulting from smoke that occurs more than 300 feet from the burn.
(c)  This section does not apply to a burn boss who commits gross negligence or intentionally causes property damage, personal injury, or death.
Added by Acts 2021, 87th Leg., R.S., Ch. 330 (H.B. 2004), Sec. 1, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 630 (H.B. 222), Sec. 1, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(32), eff. September 1, 2023.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter D. Complaints, Enforcement, and Penalties › Section 153.101. Complaints

Sec. 153.101.  COMPLAINTS.  The department shall receive and process complaints concerning certified and insured prescribed burn managers in the manner described by Sections 12.026 and 12.02601, Agriculture Code, and rules adopted under those sections.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.10, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 40, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter D. Complaints, Enforcement, and Penalties › Section 153.102. Disciplinary Action; Schedule of Sanctions

Sec. 153.102.  DISCIPLINARY ACTION; SCHEDULE OF SANCTIONS.  (a)  The department may impose an administrative sanction, including an administrative penalty, as provided by Sections 12.020, 12.0201, 12.0202, and 12.0261, Agriculture Code, for a violation of this chapter.
(b)  The board by rule shall adopt a schedule of the disciplinary sanctions that the department shall impose under this chapter.  In adopting the schedule of sanctions, the board shall ensure that the severity of the sanction imposed is appropriate to the type of violation or conduct that is the basis for disciplinary action.
(c)  In determining the appropriate disciplinary action, including the amount of any administrative penalty to assess, the department shall consider:
(1)  whether the person:
(A)  is being disciplined for multiple violations of either this chapter or a rule or order adopted under this chapter; or
(B)  has previously been the subject of disciplinary action by the department under this chapter and has previously complied with department rules and this chapter;
(2)  the seriousness of the violation;
(3)  the threat to public safety; and
(4)  any mitigating factors.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.10, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 41, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter D. Complaints, Enforcement, and Penalties › Section 153.1025. Certain Disciplinary Action Prohibited

Sec. 153.1025.  CERTAIN DISCIPLINARY ACTION PROHIBITED.  Notwithstanding Section 153.102 or any other law, the department or another state agency may not take disciplinary action against a certified and insured prescribed burn manager in relation to a prescribed burn conducted in accordance with this chapter on the basis that the burn resulted in emissions or is a nuisance.
Added by Acts 2021, 87th Leg., R.S., Ch. 330 (H.B. 2004), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter D. Complaints, Enforcement, and Penalties › Section 153.103. Injunction

Sec. 153.103.  INJUNCTION.  (a)  The department may apply to a district court in any county for an injunction to restrain a person who is not a certified and insured prescribed burn manager from representing that the person is a certified and insured prescribed burn manager.
(b)  At the request of the department, the attorney general shall initiate and conduct an action in a district court in the state's name to obtain an injunction under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.10, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter D. Complaints, Enforcement, and Penalties › Section 153.104. Emergency Suspension

Sec. 153.104.  EMERGENCY SUSPENSION.  (a)  On determining that a certification holder is engaged in or about to engage in a violation of this chapter and that the certification holder's continued practice constitutes an immediate threat to the public welfare, the department may issue an order suspending the certification holder's certification without notice or a hearing.  The department shall immediately serve notice of the suspension on the certification holder.
(b)  The notice required by Subsection (a) must:
(1)  be personally served on the certification holder or be sent by registered or certified mail, return receipt requested, to the certification holder's last known address according to the department's records;
(2)  state the grounds for the suspension; and
(3)  inform the certification holder of the right to a hearing on the suspension order.
(c)  A certification holder whose certification is suspended under this section is entitled to request a hearing on the suspension not later than the 30th day after the date of receipt of notice of the suspension.  Not later than the fifth day after the date a hearing is requested, the department shall issue a notice of hearing.
(d)  A hearing on a suspension order under this section is subject to Chapter 2001, Government Code.  If the hearing is before an administrative law judge, after the hearing, the administrative law judge shall recommend to the department whether to uphold, vacate, or modify the suspension order.
(e)  A suspension order issued under this section remains in effect until further action is taken by the department.  If the administrative law judge's recommendation under Subsection (d) is to vacate the order, the department shall determine whether to vacate the order not later than the second day after the date of the recommendation.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.10, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.011. Veterans Land Board Designated

Sec. 161.011.  VETERANS LAND BOARD DESIGNATED.  The Veterans Land Board is a state agency designated to perform the governmental functions authorized in Article III, Section 49-b of the Texas Constitution.
Acts 1977, 65th Leg., p. 2655, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.0111. Sunset Provision

Sec. 161.0111.  SUNSET PROVISION.  The Veterans' Land Board is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter.  The board shall be reviewed during the period in which state agencies abolished in 2031 are reviewed and every 12th year after that.
Added by Acts 1985, 69th Leg., ch. 798, Sec. 2, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.20(42), eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 3.08, eff. Nov. 12, 1991;  Acts 1995, 74th Leg., ch. 970, Sec. 2.03, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1169, Sec. 2.10, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1481, Sec. 2.04, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1112, Sec. 2.05, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 334 (H.B. 3140), Sec. 2, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 523 (S.B. 607), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.013. Executive Secretary and Assistant Executive Secretary

Sec. 161.013.  EXECUTIVE SECRETARY AND ASSISTANT EXECUTIVE SECRETARY.  (a)  The board shall select an executive secretary and an assistant executive secretary, each of whom shall be nominated by the commissioner and approved by a majority of the board.
(b)  The executive secretary and assistant executive secretary shall perform all duties required of them by the board.
Acts 1977, 65th Leg., p. 2655, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.014. Employees

Sec. 161.014.  EMPLOYEES.  (a)  The commissioner may employ all other employees that may be necessary for the discharge of the board's duties.  The employees may include stenographers, typists, bookkeepers, surveyors, appraisers, and other employees in the number and for the time necessary to perform these duties.
(b)  The employees of the board are considered to be employees of the land office, and civil and criminal laws regulating the conduct and relations of the employees of the land office apply to the employees of the board.
Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.0141. Separation of Responsibilities

Sec. 161.0141.  SEPARATION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive secretary, assistant executive secretary, and staff of the board.
Added by Acts 2019, 86th Leg., R.S., Ch. 523 (S.B. 607), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.015. Compensation and Duties of Employees

Sec. 161.015.  COMPENSATION AND DUTIES OF EMPLOYEES.  The employees of the board shall be paid their compensation and shall perform their duties with the same rules and requirements of the general law governing other state employees in those respects.
Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.016. Fiscal Agent

Sec. 161.016.  FISCAL AGENT.  (a)  The board may designate the comptroller as the fiscal agent for payment of principal of and interest on the bonds.
(b)  The comptroller shall act as fiscal agent without compensation.
(c)  In the alternative, the board may employ a private fiscal agent to perform these services and shall pay him adequate compensation.
Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 14.16, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.017. Meetings of Board

Sec. 161.017.  MEETINGS OF BOARD.  (a)  When necessary, the board shall meet on the first and third Tuesdays of each month in the land office, where its session shall be held and continue until its docket is cleared.  The board may recess at its own discretion.
(b)  The chairman of the board may call special meetings of the board at any time he thinks necessary by giving the other members notice.
Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.018. Minutes of Board

Sec. 161.018.  MINUTES OF BOARD.  Minutes of each meeting of the board shall be kept, and only those matters that actually transpire at the meeting shall be entered in the minutes.
Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.019. Depository for Papers, Records, and Archives

Sec. 161.019.  DEPOSITORY FOR PAPERS, RECORDS, AND ARCHIVES.  Papers, records, and archives of the board shall be deposited and kept in the land office.
Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.020. Purchase of Supplies

Sec. 161.020.  PURCHASE OF SUPPLIES.  The board may purchase at state expense through the comptroller supplies, including stationery, stamps, printing, record books, and other things that may be needed to carry on the board's functions as a state agency in performing the duties imposed by this chapter.
Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.105, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.021. Seal

Sec. 161.021.  SEAL.  The board shall procure and adopt a seal bearing the words "Veterans Land Board" encircled by the oak and olive branches common to other official seals.
Acts 1977, 65th Leg., p. 2656, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.022. Chapter Application to Successor Boards

Sec. 161.022.  CHAPTER APPLICATION TO SUCCESSOR BOARDS.  The provisions of this chapter shall apply to any successor of the board.
Acts 1977, 65th Leg., p. 2657, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.023. Training

Sec. 161.023.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing board operations;
(2)  the programs, functions, rules, and budget of the board;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the results of the most recent formal audit of the board;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosure of conflicts of interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The commissioner shall create a training manual that includes the information required by Subsection (b).  The commissioner shall distribute a copy of the training manual annually to each member of the board.  Each member of the board shall sign and submit to the commissioner a statement acknowledging that the member has received and reviewed the training manual.
Added by Acts 1985, 69th Leg., ch. 798, Sec. 3, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 334 (H.B. 3140), Sec. 3, eff. June 15, 2007.
Acts 2019, 86th Leg., R.S., Ch. 523 (S.B. 607), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.024. Conflicts of Interest

Sec. 161.024.  CONFLICTS OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be an appointed member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of real property sales, brokerage, or development; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of real property sales, brokerage, or development.
(c)  A person may not be an appointed member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
Added by Acts 1985, 69th Leg., ch. 798, Sec. 3, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(22), eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 334 (H.B. 3140), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.025. Equal Protection for Board Members

Sec. 161.025.  EQUAL PROTECTION FOR BOARD MEMBERS.  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 1985, 69th Leg., ch. 798, Sec. 3, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 334 (H.B. 3140), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.026. Removal of Board Member

Sec. 161.026.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground for removal from the board if an appointed member:
(1)  does not have at the time of appointment the qualifications required by Article III, Section 49-b, of the Texas Constitution for appointment to the board;
(2)  does not maintain during the service on the board the qualifications required by Article III, Section 49-b, of the Texas Constitution for appointment to the board;
(3)  is ineligible for membership under Section 161.024;
(4)  is unable to discharge his duties for a substantial portion of the term for which he was appointed because of illness or disability; or
(5)  is absent from more than one-half of the regularly scheduled board meetings which the member is eligible to attend during each calendar year, except when the absence is excused by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it was taken when a ground for removal of an appointed member of the board existed.
(c)  If the executive secretary has knowledge that a potential ground for removal exists, the executive secretary shall notify the presiding officer of the board of the potential ground.  The presiding officer of the board shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive secretary shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1985, 69th Leg., ch. 798, Sec. 3, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 334 (H.B. 3140), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.028. Career Ladder

Sec. 161.028.  CAREER LADDER.  (a)  The executive secretary or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all nonentry level positions concurrently with any public posting.
(b)  The program and posting requirements of this section apply to the employees of the board and the employees of the land office that support the board.
Added by Acts 1985, 69th Leg., ch. 798, Sec. 3, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.029. Performance Evaluations

Sec. 161.029.  PERFORMANCE EVALUATIONS.  (a)  The executive secretary or his designee shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay for board employees must be based on the system established under this section.
(b)  The evaluations required by this section apply to the employees of the board and the employees of the land office that support the board.
Added by Acts 1985, 69th Leg., ch. 798, Sec. 3, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.030. Audit

Sec. 161.030.  AUDIT.  The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code.
Added by Acts 1985, 69th Leg., ch. 798, Sec. 3, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 584, Sec. 8, eff. Sept. 1, 1989.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.0301. Internal Auditor

Sec. 161.0301.  INTERNAL AUDITOR.  An internal auditor who performs an audit function for the board shall:
(1)  submit to the board any parts of the applicable internal audit plan that relate to the board; and
(2)  report to the board regarding the results of any internal audits that relate to the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 334 (H.B. 3140), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.031. Equal Employment Opportunity

Sec. 161.031.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The executive secretary or his or her designee shall prepare and maintain a written plan to assure implementation of a program of equal employment opportunity whereby all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The plan shall include:
(1)  a comprehensive analysis which meets federal and state guidelines of all the agency's work force by race, sex, ethnic origin, class of position, and salary or wages;
(2)  plans for recruitment, evaluation, selection, appointment, training, promotion, and other personnel policies;
(3)  procedures by which a determination can be made of significant underutilization in the agency work force of all persons for whom federal and state guidelines encourage a more equitable balance and steps reasonably designed to overcome any identified underutilization; and
(4)  objectives and goals, with appropriate timetables for the achievement of the objectives and goals, assignments of responsibility for their achievement, and an appropriate program for reviewing and maintaining these goals and objectives once achieved.
(b)  The plan shall be filed with the governor's office within 60 days of the effective date of this Act, cover an annual period, and be updated at least annually.  The governor's office shall develop a biennial report to the legislature based on the information submitted.  Such report may be made separately or as a part of other biennial reports made to the legislature.
(c)  The personnel transactions referred to in Subsection (a) of this section apply to the employees of the board and the employees of the land office that support the board.
Added by Acts 1985, 69th Leg., ch. 798, Sec. 3, eff. Sept. 1, 1985.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 523 (S.B. 607), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.032. Standards of Conduct

Sec. 161.032.  STANDARDS OF CONDUCT.  (a)  The board shall provide to its members and employees as often as is necessary information regarding their qualifications under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
(b)  The employees referred to in Subsection (a) of this section are the employees of the board and the employees of the land office that support the board.
Added by Acts 1985, 69th Leg., ch. 798, Sec. 3, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.033. Public Debate Before Board

Sec. 161.033.  PUBLIC DEBATE BEFORE BOARD.  The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
Added by Acts 1985, 69th Leg., ch. 798, Sec. 3, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.034. Complaints

Sec. 161.034.  COMPLAINTS.  (a)  The board shall maintain a system to promptly and efficiently act on complaints filed with the board.  The board shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint.
(b)  The board shall make information available describing its procedures for complaint investigation and resolution.
(c)  The board shall periodically notify the complaint parties of the status of the complaint until final disposition.
Added by Acts 2007, 80th Leg., R.S., Ch. 334 (H.B. 3140), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.035. Use of Technology

Sec. 161.035.  USE OF TECHNOLOGY.  The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions.  The policy must ensure that the public is able to interact with the board on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch. 334 (H.B. 3140), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter B. Administrative Provisions › Section 161.036. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 161.036.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction, other than disputes governed by Section 161.311.
(b)  The board's procedures relating to alternative dispute resolution shall conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The board shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 334 (H.B. 3140), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter C. Powers and Duties › Section 161.061. General Duties of Board

Sec. 161.061.  GENERAL DUTIES OF BOARD.  The board shall:
(1)  authorize and execute negotiable bonds as provided by law;
(2)  provide by resolution for use of the fund in a manner that will effectuate the intent of the constitution and the law;
(3)  prescribe the interest rates as provided by law;
(4)  provide for the forfeiture of contracts of sale and purchase and resale of forfeited land;
(5)  conduct investigations it considers necessary;
(6)  obtain and review any components of internal audit plans that relate to board functions and approve those plans as appropriate during public meetings of the board;
(7)  obtain and review any internal audit reports that relate to board functions and discuss those reports during public meetings of the board; and
(8)  formulate policies and rules necessary and not in conflict with the law to ensure the proper administration and to carry out the intent and purposes of the law.
Acts 1977, 65th Leg., p. 2657, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 242, Sec. 1.02, eff. Aug. 30, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 334 (H.B. 3140), Sec. 4, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter C. Powers and Duties › Section 161.062. General Duties of Commissioner

Sec. 161.062.  GENERAL DUTIES OF COMMISSIONER.  The commissioner is the chairman of the board and administrator of the program as provided in Article III, Section 49-b of the Texas Constitution, and shall perform the duties and functions of the board prescribed by law except for those duties and functions provided in Section 161.061 of this code, which shall be performed by the board.
Acts 1977, 65th Leg., p. 2657, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter C. Powers and Duties › Section 161.063. Rules

Sec. 161.063.  RULES.  (a)  The board may adopt rules that are not inconsistent with this chapter and that it considers necessary or advisable.  The board shall adopt rules and procedures that it considers necessary to ensure the integrity of the program.
(b)  The rules shall be considered a part of this chapter and violation of the rules subject the offender to prosecution under Sections 161.401 through 161.403 of this code.
Acts 1977, 65th Leg., p. 2657, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 798, Sec. 4, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter C. Powers and Duties › Section 161.064. Board Authority to Make Investigations

Sec. 161.064.  BOARD AUTHORITY TO MAKE INVESTIGATIONS.  The board may make any investigation it considers necessary relating to transactions involving land purchases or sales under this chapter.
Acts 1977, 65th Leg., p. 2657, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter C. Powers and Duties › Section 161.065. Oaths; Books, Records, and Documents

Sec. 161.065.  OATHS;  BOOKS, RECORDS, AND DOCUMENTS.  (a)  The board is specifically authorized to administer oaths and to examine the books, records, or other documents dealing with or relating to the transactions of any person involved in the transaction.
(b)  The board may make copies of the books, records, and other documents that in its judgment may show or tend to show fraud on the board or a veteran or a violation or attempted violation under this chapter.
Acts 1977, 65th Leg., p. 2657, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter C. Powers and Duties › Section 161.066. Subpoena Duces Tecum

Sec. 161.066.  SUBPOENA DUCES TECUM.  The board may issue a subpoena duces tecum to require a person to produce books, records, or any other documents for the board's examination.
Acts 1977, 65th Leg., p. 2657, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter C. Powers and Duties › Section 161.067. Forfeiture of Charter and Rights

Sec. 161.067.  FORFEITURE OF CHARTER AND RIGHTS.  (a)  If a corporation fails or refuses to comply with the orders of the board under Sections 161.064 through 161.066 of this code, the corporation shall forfeit its right to do business in this state, and its permit or charter shall be canceled or forfeited by the attorney general.
(b)  The failure or refusal by a person is presumed to be prima facie evidence of fraud on the board and veteran in violation of this chapter, and the person shall lose and forfeit all rights and benefits under this chapter.
Acts 1977, 65th Leg., p. 2657, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter C. Powers and Duties › Section 161.068. Form of Instruments

Sec. 161.068.  FORM OF INSTRUMENTS.  The board may prescribe the form and contents of notices, bids, applications, awards, contracts, deeds, and instruments used by the board in carrying out a project or plan if it is not in conflict with the law.
Acts 1977, 65th Leg., p. 2658, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter C. Powers and Duties › Section 161.069. Fees

Sec. 161.069.  FEES.  (a)  The board shall collect the fee it considers necessary from each applicant under Subchapter G of this chapter  and deposit the fee in a bank.  Interest received on the deposit shall be credited to the General Land Office special fund and shall be spent for administrative purposes.
(b)  Repealed by Acts 1985, 69th Leg., ch. 798, Sec. 22, eff. Sept. 1, 1985.
Acts 1977, 65th Leg., p. 2658, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 798, Sec. 22, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 161 - Veterans Land Board › Subchapter C. Powers and Duties › Section 161.070. Additional Fees

Sec. 161.070.  ADDITIONAL FEES.  (a)  The board shall set and collect, for the use of the state, reasonable fees in amounts determined by the board for services it may provide in connection with processing and servicing of purchase applications and contracts of sale and purchase and matters incidental to these purchases.  These fees may include but are not limited to the following:
(1)  appraisal fee for each application under Subchapter G of this chapter;
(2)  contract of sale and purchase transfer fee for each transfer;
(3)  mineral lease service fee for each lease executed by purchasers;
(4)  reappraisal fee, if required by the board;
(5)  fee for each loan of abstract;
(6)  fee for servicing and filing each easement;
(7)  service fee for each contract of sale and purchase;
(8)  fee for homesite, severance, or paid-in-full deed;
(9)  title examination fee;
(10)  recording fees;
(11)  fee for preparing credit reports;
(12)  fee from each successful bidder under Section 161.319 of this code in an amount sufficient to pay for examination of title, recording fees, and other expenses incidental to resale of land under Section 161.319 of this code;
(13)  fee for preparation of legal instruments, including but not limited to deeds, contracts, affidavits, and curative instruments;
(14)  fee for legal research, including but not limited to preparation of title opinions and other legal opinions, preparation for court appearances;
(15)  fee for general research, including but not limited to preparation of certified copies of documents on file with the board;  and
(16)  fees for any other services which may be requested of the board.
(b)  These fees may be added to the price of any land sold or resold by the board.
(c)  Fees or portions of fees that are in the opinion of the board unused shall be refunded.
(d)  Money received from payment of these fees and not refunded shall be deposited in the State Treasury and credited to the fund and shall be spent as provided in the General Appropriations Act.
Acts 1977, 65th Leg., p. 2658, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 406, ch. 81, Sec. 21(o), eff. Sept. 1, 1983;  Acts 1985, 69th Leg., ch. 798, Sec. 5, eff. Sept. 1, 1985.