reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter H. Coastal Erosion › Section 33.605. Uses of Account

Sec. 33.605.  USES OF ACCOUNT.  (a)  Money in the account may be used for:
(1)  any action authorized by this subchapter; and
(2)  the administration of the coastal management program as provided in Subchapter F.
(b)  The commissioner must approve an expenditure from the account.  In determining whether to approve an expenditure for a study or project, the commissioner shall consider:
(1)  the amount of money in the account;
(2)  the feasibility and cost-effectiveness of the study or project;
(3)  the locations of other existing or proposed erosion response projects;
(4)  the needs in other critical coastal erosion areas;
(5)  the effect of the study or project on public or private property; and
(6)  if the site to be studied or project to be conducted will be located within the jurisdiction of a local government subject to Chapter 61 or 63:
(A)  whether the local government is adequately administering those chapters; and
(B)  the plan for reducing public expenditures for erosion and storm damage losses prepared by the local government under Section 33.607.
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 2, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 14 (H.B. 2073), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter H. Coastal Erosion › Section 33.606. Grants and Gifts

Sec. 33.606.  GRANTS AND GIFTS.  The commissioner may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the powers and duties provided by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 295, Sec. 3, eff. June 7, 1991.  Renumbered from Sec. 33.603 by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter H. Coastal Erosion › Section 33.608. Report to Legislature

Sec. 33.608.  REPORT TO LEGISLATURE.  Each biennium, the commissioner shall submit to the legislature a report listing:
(1)  each critical erosion area;
(2)  each proposed erosion response study or project;
(3)  an estimate of the cost of each proposed study or project described by Subdivision (2);
(4)  each coastal erosion response study or project funded under this subchapter during the preceding biennium;
(5)  the economic and natural resource benefits from each coastal erosion response study or project described by Subdivision (4);
(6)  the financial status of the account;  and
(7)  an estimate of the cost of implementing this subchapter during the succeeding biennium.
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter H. Coastal Erosion › Section 33.609. Landowner Consent

Sec. 33.609.  LANDOWNER CONSENT.  (a)  The commissioner may not undertake a coastal erosion response project on:
(1)  permanent school fund land without first obtaining the written consent of the school land board;  or
(2)  private property, other than that encumbered by the common law rights of the public affirmed by Chapter 61, without first obtaining the written consent of the property owner.
(b)  If the commissioner cannot determine the identity of or locate a property owner, consent is considered to have been given if:
(1)  the commissioner publishes a notice of the project at least once a week for two consecutive weeks in the newspaper having the largest circulation in the county in which the project is located;  and
(2)  the property owner does not object on or before the 20th day after the last date notice is published under Subdivision (1).
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter H. Coastal Erosion › Section 33.610. Removal of Submerged Land From Appraisal and Tax Rolls

Sec. 33.610.  REMOVAL OF SUBMERGED LAND FROM APPRAISAL AND TAX ROLLS.  (a)  If the commissioner determines that land has become submerged by erosion or subsidence and as a result is dedicated to the permanent school fund, the commissioner may notify in writing the appraisal district that appraises the land for ad valorem tax purposes and each taxing unit that imposes taxes on the land.  The notice must include a legal description of the land.
(b)  On receipt of notice under Subsection (a):
(1)  the appraisal district shall remove the land from the appraisal roll;  and
(2)  each taxing unit shall remove the land from its tax roll.
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter H. Coastal Erosion › Section 33.611. Immunity

Sec. 33.611.  IMMUNITY.  (a)  This state, the commissioner, and land office staff are immune from suit for damages and from liability for an act or omission related to:
(1)  the approval, disapproval, funding, or performance of a coastal erosion response activity, including an erosion response study or project or a survey;  or
(2)  the failure of an erosion response project undertaken by the commissioner under this subchapter to fulfill its intended purpose.
(b)  The immunity granted by this section does not apply to an act or omission that is intentional, wilfully or wantonly negligent, or committed with conscious indifference or reckless disregard for the safety of others.
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter H. Coastal Erosion › Section 33.612. Judicial Review

Sec. 33.612.  JUDICIAL REVIEW.  (a)  Judicial review of rights affected by an action of this state, the commissioner, or land office staff under this subchapter is under the substantial evidence rule.  In order to prevail, a person seeking review must prove that the action complained of was arbitrary, capricious, or otherwise not in accordance with law.
(b)  Venue for an action relating to this subchapter is in Travis County.
Added by Acts 1999, 76th Leg., ch. 508, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter H. Coastal Erosion › Section 33.613. Closure or Modification of Certain Man-Made Passes

Sec. 33.613.  CLOSURE OR MODIFICATION OF CERTAIN MAN-MADE PASSES.  (a)  Notwithstanding Sections 66.204 and 81.103, Parks and Wildlife Code, the commissioner may undertake the closure or modification of a man-made pass or its environs between the Gulf of Mexico and an inland bay if:
(1)  the commissioner determines that the pass causes or contributes to significant erosion of the shoreline of the adjacent beach;
(2)  the pass is not a public navigational channel constructed or maintained by the federal government; and
(3)  the land office receives legislative appropriations or other funding for that purpose.
(b)  If the closing of a man-made pass under this section results in a loss of public recreational opportunities, the commissioner shall develop, in consultation with the Parks and Wildlife Department and the county and, if applicable, the municipality in which the pass is located, and approve a plan to mitigate the loss.  In developing the plan, the commissioner is strongly encouraged to assess the feasibility of installing fishing piers, boat ramps, and other facilities that provide public recreational opportunities.  The plan must be presented to the public for comment before the commissioner approves it.
Added by Acts 2009, 81st Leg., R.S., Ch. 66 (S.B. 2043), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.651. Definitions

Sec. 33.651.  DEFINITIONS.  In this subchapter:
(1)  "Bond" means any type of interest-bearing obligation, including a bond, note, bond anticipation note, certificate of participation, lease, contract, or other evidence of indebtedness issued by a coastal county to pay the project costs of a qualified project.
(2)  "Coastal county" means a county that borders on the Gulf of Mexico.
(3)  "Coastal erosion" has the meaning assigned by Section 33.601.
(4)  "Coastal improvement project" means a project to improve access to a public beach by:
(A)  acquiring fee title to property or a right of public access to a public beach;
(B)  constructing or maintaining public roads, parking, or other facilities in aid of public access to or use of a public beach;
(C)  requiring a landowner, as prescribed by land office rules, to restore land affected by coastal erosion to its original boundaries; or
(D)  implementing a building set-back line established under Section 33.607.
(5)  "Coastal protection project" means a project to address or mitigate coastal erosion.
(6)  "Coastal protection and improvement fund" means the coastal protection and improvement fund created under Section 33.653.
(7)  "County coastal protection and improvement fund" means a county coastal protection and improvement fund created by a coastal county under Section 33.655.
(8)  "Project cost" means a cost or expense incurred in relation to a qualified project, including the cost of:
(A)  designing, engineering, acquiring, constructing, maintaining, improving, extending, repairing, replacing, monitoring, removing, or administering a qualified project; or
(B)  financing a qualified project, including the cost of issuing bonds and the payment of principal, interest, and redemption price.
(9)  "Public beach" has the meaning assigned by Section 61.013.
(10)  "Qualified agreement" means an agreement between the land office and a coastal county in accordance with Section 33.657.
(11)  "Qualified payment" means a payment by the commissioner to a coastal county from the coastal protection and improvement fund, as provided by this subchapter, that has been approved in amount and qualification for payment by the land office and the applicable coastal county.
(12)  "Qualified project" means a coastal protection or improvement project that qualifies for funding under Section 33.656.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.652. Applicability of Subchapter to Certain Municipalities

Sec. 33.652.  APPLICABILITY OF SUBCHAPTER TO CERTAIN MUNICIPALITIES.  The provisions of this subchapter relating to coastal counties apply to a municipality if all or substantially all of the gulf beach within a coastal county is located within the boundaries of the municipality.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.653. Creation of Coastal Protection and Improvement Fund

Sec. 33.653.  CREATION OF COASTAL PROTECTION AND IMPROVEMENT FUND.  (a)  The coastal protection and improvement fund is created as a trust fund outside the state treasury to be held by the Texas Treasury Safekeeping Trust Company and administered by the commissioner as trustee on behalf of the coastal counties.
(b)  The fund consists of:
(1)  gifts and grants; and
(2)  appropriations of money to the fund by the legislature.
(c)  The commissioner shall allocate five percent of the amount deposited in the fund to the land office to be used only to pay the cost of administering any coastal protection and improvement efforts undertaken under this subchapter and to support a coastal monitoring program by The University of Texas Bureau of Economic Geology and the sea turtle and shore monitoring programs of Texas A&M University at Galveston.
(d)  The commissioner shall allocate 95 percent of the amount deposited in the fund for use by the coastal counties as provided by this subchapter.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.654. Use of Coastal Protection and Improvement Fund

Sec. 33.654.  USE OF COASTAL PROTECTION AND IMPROVEMENT FUND.  (a)  The coastal protection and improvement fund shall be used only to make a qualified payment to a coastal county sponsoring a qualified project under this subchapter.
(b)  The commissioner may make a qualified payment from the fund to a coastal county only if and to the extent that the coastal county is sponsoring a project that qualifies for funding as certified by the coastal county and the land office.
(c)  The amount and timing of a qualified payment shall be determined by agreement between the land office and the coastal county sponsoring the project.  The amount of a qualified payment may not exceed the estimated project costs.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.655. County Coastal Protection and Improvement Fund

Sec. 33.655.  COUNTY COASTAL PROTECTION AND IMPROVEMENT FUND.  (a)  Each coastal county shall create a county coastal protection and improvement fund.
(b)  Each coastal county shall deposit any qualified payment that it receives into its county coastal protection and improvement fund and shall use the money in the fund only to pay the project costs of a qualified project as provided by this subchapter.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.656. Projects That Qualify for Funding

Sec. 33.656.  PROJECTS THAT QUALIFY FOR FUNDING.  To qualify for funding under this subchapter, a project must:
(1)  be sponsored by a coastal county;
(2)  be located within the sponsoring coastal county along or adjacent to the shore of the Gulf of Mexico, an inland bay, or a connecting channel between the Gulf of Mexico and an inland bay;
(3)  be accessible by public roads or a common carrier ferry;
(4)  be identified and approved for funding by a coastal county and the land office; and
(5)  require more than $5 million to complete, as estimated by the land office, unless the project implements a building set-back line established under Section 33.607.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.657. Qualified Agreement

Sec. 33.657.  QUALIFIED AGREEMENT.  (a)  The land office and a coastal county may enter into one or more agreements relating to a qualified project and the payment of the associated project costs.  An agreement is governed by this subchapter.
(b)  An agreement may provide that the commissioner will pay to the coastal county an agreed amount from the coastal protection and improvement fund over a term of years to be used by the coastal county for a project that qualifies for funding under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.658. Qualified Payment

Sec. 33.658.  QUALIFIED PAYMENT.  (a)  The commissioner shall make qualified payments to a coastal county based on the land office's estimate of the expected project costs of any qualified projects undertaken by that county in the fiscal year in which the payment is made.
(b)  To the extent that the aggregate of qualified payments by the commissioner to a coastal county in a fiscal year exceeds the project costs of qualified projects undertaken by the county during that year, the commissioner shall recover the amount of the overpayment by:
(1)  requiring the county to remit the amount of the overpayment to the commissioner for deposit in the coastal protection and improvement fund; or
(2)  taking a credit against qualified payments due that county the following year or years.
(c)  If a coastal county that received an overpayment is not due additional qualified payments the following year, the county shall promptly remit the amount of the overpayment to the commissioner for deposit in the coastal protection and improvement fund.
(d)  Notwithstanding Subsection (b), the commissioner may not take a credit against qualified payments due a coastal county the following year if the county needs the full amount of the qualified payment that year to:
(1)  pay the principal or interest on, or the redemption price of, bonds issued to finance a qualified project; or
(2)  fund a reserve or other fund required by the documents authorizing the issuance of bonds.
(e)  The failure of a coastal county to use the full amount of a qualified payment in the fiscal year in which it is received does not prejudice the right of the county to receive money from the coastal protection and improvement fund in future years as may be provided in the county's qualified agreement.
(f)  A coastal county may not use a qualified payment as a local match for funding under a state program.
(g)  A coastal county may use a qualified payment as a local match for funding under a federal program.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.659. General Powers of Coastal Counties

Sec. 33.659.  GENERAL POWERS OF COASTAL COUNTIES.  (a)  In addition to all other powers that a coastal county has under general law, a coastal county has the rights, powers, privileges, authority, and functions that are necessary or convenient to:
(1)  the designing, engineering, acquiring, constructing, improving, maintaining, extending, repairing, replacing, monitoring, removing, administering, and financing of a qualified project located in a coastal county;
(2)  the funding of a reserve or other fund relating to bonds; and
(3)  the establishment and implementation of a building set-back line under Section 33.607.
(b)  A coastal county may issue bonds to pay the project costs of a qualified project.  For purposes of this subchapter, a coastal county is an issuer and a qualified project is an eligible project within the meaning of Chapter 1371, Government Code, and the provisions of Chapter 1371, Government Code, are applicable to bonds issued by a coastal county.
(c)  A coastal county may:
(1)  enter into agreements with a public or private person for the joint ownership, financing, or operation of a qualified project;
(2)  enter into contracts, leases, and agreements with, and accept grants and loans from, any person to perform all acts necessary for the full exercise of the powers vested in the county on terms and for the term the county determines to be advisable;
(3)  acquire property under a conditional sales contract, lease, equipment trust certificate, or other form of contract or trust agreement; and
(4)  do anything necessary, convenient, or desirable to carry out the powers expressly granted or implied by this subchapter.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1256 (H.B. 2819), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.660. Authority to Contract

Sec. 33.660.  AUTHORITY TO CONTRACT.  (a)  A coastal county may contract with a state agency, municipality, county, or other political subdivision of the state or any agency or instrumentality of the federal government to implement a qualified project under this subchapter.  A contract under this section may:
(1)  be for a period on which the parties agree;
(2)  include terms on which the parties agree; and
(3)  be payable from taxes, qualified payments, or any other source of revenue available for that purpose.
(b)  A coastal county may enter into a contract, lease, or agreement with or make or accept grants and loans to or from:
(1)  the United States;
(2)  the State of Texas;
(3)  a county, municipality, or other political subdivision of the state;
(4)  a public or private corporation; or
(5)  any other person.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.661. Funds Available for Qualified Projects

Sec. 33.661.  FUNDS AVAILABLE FOR QUALIFIED PROJECTS.  (a)  A coastal county may pay the project costs of a qualified project from general or available funds, payments received from the land office, including payments from the coastal protection and improvement fund, contract reserves, ad valorem taxes, sales taxes, the proceeds of bonds, or any combination of those funds.
(b)  Payments made by the commissioner under this subchapter are in addition to any other funds to which the coastal county may be entitled under any other state law or program.
(c)  This subchapter does not preclude a contribution to a qualified project from any state, federal, private, or other source.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.662. Bonds Eligible for Purchase

Sec. 33.662.  BONDS ELIGIBLE FOR PURCHASE.  Bonds issued by a coastal county under this subchapter may be purchased by the Texas Water Development Board for purposes authorized by Chapter 17, Water Code.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 33 - Management of Coastal Public Land › Subchapter I. Coastal Protection and Improvement › Section 33.663. Construction of Subchapter

Sec. 33.663.  CONSTRUCTION OF SUBCHAPTER.  This subchapter shall be liberally construed to accomplish the purposes of mitigation of coastal erosion and improvement of public access to public beaches.
Added by Acts 2005, 79th Leg., Ch. 867 (S.B. 1044), Sec. 4, eff. June 17, 2005.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter A. General Provisions › Section 34.001. Definitions

Sec. 34.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means a board for lease.
(2)  "Commissioner" means the Commissioner of the General Land Office.
(3)  "Land office" means the General Land Office.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter A. General Provisions › Section 34.002. Application of Chapter

Sec. 34.002.  APPLICATION OF CHAPTER.  (a)  The provisions of this chapter apply to:
(1)  land owned by the Parks and Wildlife Department, except as provided by Section 34.064(c); and
(2)  land owned by the Texas Department of Criminal Justice.
(b)  If title to land subject to the provisions of the Relinquishment Act is acquired by the Texas Parks and Wildlife Department or the Texas Department of Criminal Justice, the land is not subject to lease by a board created under the provisions of this chapter but shall be leased in the manner provided for the leasing of unsold public school land.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 2572, ch. 686, Sec. 1, eff. Aug. 31, 1981;  Acts 1985, 69th Leg., ch. 327, Sec. 1, eff. June 8, 1985;  Acts 1985, 69th Leg., ch. 624, Sec. 25, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 167, Sec. 6.05(d), eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.131, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 502 (H.B. 1449), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.011. Boards for Lease

Sec. 34.011.  BOARDS FOR LEASE.  Boards for lease are created to lease land owned by the Texas Parks and Wildlife Department and the Texas Department of Criminal Justice.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 26, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.132, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.012. Title of Board

Sec. 34.012.  TITLE OF BOARD.  The title of each board shall be selected by each board for lease at its first meeting.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.013. Members of Board

Sec. 34.013.  MEMBERS OF BOARD.  (a)  The membership of each board shall include:
(1)  the commissioner;
(2)  one citizen of the state appointed by the governor with the advice and consent of the senate;  and
(3)  the president or chairman of the board or agency or head of the department charged with the responsibility of management or control of land owned by or held in trust for the use and benefit of the department, agency, or board.
(b)  The appointed member serves for a term of two years.
Acts 1977, 65th Leg., p. 2394, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.0131. Appointments Without Discrimination

Sec. 34.0131.  APPOINTMENTS WITHOUT DISCRIMINATION.  Appointments to the board shall be made without regard to the race, color, handicap, sex, religion, age, or national origin of the appointees.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.0132. Disqualification of Lobbyists

Sec. 34.0132.  DISQUALIFICATION OF LOBBYISTS.  A person who is required to register as a lobbyist under Chapter 305 of the Government Code, by virtue of his activities for compensation in or on behalf of a profession related to the operation of the board, may not serve as a member of the board or act as the general counsel to the board.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 167, Sec. 2.19(21), eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.0133. Conflicts of Interest Prohibited

Sec. 34.0133.  CONFLICTS OF INTEREST PROHIBITED.  An officer, employee, or paid consultant of a statewide or national trade association in the oil and gas or mining industry may not be a member or employee of the board, nor may a person who cohabits with or is the spouse of an officer, managerial employee, or paid consultant of a statewide or national trade association in the oil and gas or mining industry be a member of the board or an employee of the board grade 17 and over, including exempt employees, according to the position classification schedule under the General Appropriations Act.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.0134. Removal of Board Member

Sec. 34.0134.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground for removal from the board if a member:
(1)  does not have at the time of appointment the qualifications required by Subsection (a) of Section 34.013 of this code for appointment to the board;
(2)  does not maintain during the service on the board the qualifications required by Subsection (a) of Section 34.013 of this code for appointment to the board;
(3)  violates a prohibition established by Section 34.0132 or 34.0133 of this code;
(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 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 a member of the board existed.
(c)  If the commissioner has knowledge that a potential ground for removal exists, he shall notify the governor that a potential ground for removal exists.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 27, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.0135. Policies on Public Hearings

Sec. 34.0135.  POLICIES ON PUBLIC HEARINGS.  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. 624, Sec. 27, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.014. Officers of Board

Sec. 34.014.  OFFICERS OF BOARD.  (a)  The commissioner is the chairman of the board.
(b)  Each board shall select a secretary who shall be nominated by the commissioner and approved by a majority of the board.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.015. Quorum

Sec. 34.015.  QUORUM.  A majority of a board constitutes a quorum for the transaction of business.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.016. Records of Board

Sec. 34.016.  RECORDS OF BOARD.  A board shall keep a complete record of all of its proceedings.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.017. Special Mineral Funds

Sec. 34.017.  SPECIAL MINERAL FUNDS.  Special funds are created in the State Treasury to be known as the "(appropriate department, board, or agency) special mineral fund."
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.018. Deposit of Receipts

Sec. 34.018.  DEPOSIT OF RECEIPTS.  Amounts received under the provisions of this chapter shall be deposited in the State Treasury to the credit of the appropriate special account, with the exception that all money received under the provisions of this chapter enuring to the benefit of the Parks and Wildlife Department from land held by the department for game and fish conservation, protection, and management purposes shall be deposited in the State Treasury to the credit of the game, fish, and water safety account, and all money received under the provisions of this chapter enuring to the benefit of the Parks and Wildlife Department from park, recreation, and historic land shall be deposited in the State Treasury to the credit of the state parks account.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1993, 73rd Leg., ch. 679, Sec. 62, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.019. Expenditures

Sec. 34.019.  EXPENDITURES.  (a)  The expenses of executing the provisions of this chapter shall be paid by warrants drawn by the comptroller on the State Treasury against the income from the special funds accumulated from leases, rentals, royalties, and other payments.
(b)  The amounts received under the provisions of this chapter and deposited to the credit of a special fund shall be used exclusively for the benefit of the appropriate department, board, or agency.
(c)  No money may be spent from the special funds except by legislative appropriation and for the purposes and in the amount stated in the Act appropriating it.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.0192. Audit

Sec. 34.0192.  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. 624, Sec. 27, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 584, Sec. 7, eff. Sept. 1, 1989.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter B. Administrative Provisions › Section 34.020. Filing in General Land Office

Sec. 34.020.  FILING IN GENERAL LAND OFFICE.  All surveys, files, records, abstracts of title, copies of sale and lease contracts, and all other records pertaining to sales and leases authorized under the provisions of this chapter shall be filed in the land office and constitute archives.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter C. Powers and Duties › Section 34.051. Land Subject to Lease

Sec. 34.051.  LAND SUBJECT TO LEASE.  Land owned by or held in trust for the use and benefit of either agency may be leased by the appropriate board to any person under the provisions of this chapter for the purpose of prospecting or exploring for and mining, producing, storing, caring for, transporting, preserving, selling, and disposing of the oil, gas, or other minerals.
Acts 1977, 65th Leg., p. 2395, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 28, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter C. Powers and Duties › Section 34.052. Subdivision of Land

Sec. 34.052.  SUBDIVISION OF LAND.  A board may have the land subject to its control surveyed or subdivided into tracts, lots, or blocks which will, in its judgment, be most conducive and convenient to facilitate the advantageous sale of oil, gas, or mineral leases.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter C. Powers and Duties › Section 34.053. Maps and Plats

Sec. 34.053.  MAPS AND PLATS.  A board may make maps and plats it considers necessary to carry out the purposes of this chapter.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter C. Powers and Duties › Section 34.054. Abstracts of Title

Sec. 34.054.  ABSTRACTS OF TITLE.  A board may obtain authentic abstracts of title to the land subject to its control that it considers necessary and may take the necessary steps to perfect a marketable title to the land.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter C. Powers and Duties › Section 34.055. Geological Surveys and Investigations

Sec. 34.055.  GEOLOGICAL SURVEYS AND INVESTIGATIONS.  A board may issue a permit for geological, geophysical, and other surveys and investigations on land subject to lease by the board that is not under valid and existing leases and that will encourage the development of the land for oil, gas, or other minerals.  A permit may be issued for a consideration and under terms and conditions which the board considers to be in the best interest of the state.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter C. Powers and Duties › Section 34.056. Placing Lease on Market

Sec. 34.056.  PLACING LEASE ON MARKET.  If a board determines there is a demand for the purchase of oil, gas, or mineral leases on a lot or tract of land subject to the control of the board which will reasonably insure an advantageous sale, the board shall place the oil, gas, or mineral leases on the market in the tract or tracts which the board may designate.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter C. Powers and Duties › Section 34.057. Lease Provisions

Sec. 34.057.  LEASE PROVISIONS.  (a)  Leases shall be advertised and sold in the same manner and shall contain the same terms and conditions as leases issued by the School Land Board under Chapter 32 of this code.
(b)  A board may place any other terms and conditions in the lease it determines to be in the best interest of the state.
(c)  The special sales fee provided for in Section 32.110 of this code shall be collected on leases issued under this chapter.
(d)  The provisions of Chapter 32 of this code relating to payment of royalty, penalties and interest on delinquent payments, assignments, releases, and forfeiture shall apply to leases issued under this chapter.
Acts 1977, 65th Leg., p. 2396, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 29, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter C. Powers and Duties › Section 34.064. Easements

Sec. 34.064.  EASEMENTS.  (a)  A board may grant easements of rights-of-way on the land covered by the provisions of this chapter.
(b)  The easements may be granted on terms and conditions the board considers to be in the best interest of the state.
(c)  The provisions of this section:
(1)  do not apply to land owned by the Parks and Wildlife Department on which an easement may be granted under Section 11.301, Parks and Wildlife Code;
(2)  do not apply to land owned by the state as a part of the penitentiary system; and
(3)  do not repeal Section 496.004, Government Code.
Acts 1977, 65th Leg., p. 2397, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 624, Sec. 30, eff. Sept. 1, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 502 (H.B. 1449), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 34 - Boards for Lease › Subchapter C. Powers and Duties › Section 34.065. Rules

Sec. 34.065.  RULES.  A board may adopt rules and collect fees necessary for the implementation of this chapter.
Added by Acts 1985, 69th Leg., ch. 624, Sec. 31, eff. Sept. 1, 1985.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter A. General Provisions › Section 40.001. Short Title

Sec. 40.001.  SHORT TITLE.  This chapter may be cited as the Oil Spill Prevention and Response Act of 1991.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter A. General Provisions › Section 40.004. Administration of Oil Spill Response and Cleanup

Sec. 40.004.  ADMINISTRATION OF OIL SPILL RESPONSE AND CLEANUP.  (a)  The General Land Office, under the direction and control of the commissioner, is the state's lead agency for response to actual or threatened unauthorized discharges of oil and for cleanup of pollution from unauthorized discharges of oil.  The commissioner shall administer this chapter and direct all state discharge response and cleanup operations resulting from unauthorized discharges of oil.
(b)  All persons and all other officers, agencies, and subdivisions of the state shall carry out response and cleanup operations related to unauthorized discharges of oil subject to the authority granted to the commissioner under this chapter.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter A. General Provisions › Section 40.005. Administration of Hazardous Substance Spill Response and Cleanup

Sec. 40.005.  ADMINISTRATION OF HAZARDOUS SUBSTANCE SPILL RESPONSE AND CLEANUP.  The General Land Office, under the direction and control of the commissioner, is the state's lead agency for initiating response to all actual or threatened unauthorized discharges of oil.  In the event of an unauthorized discharge of a hazardous substance, nothing in this chapter shall preclude the Texas Commission on Environmental Quality from at the earliest time practicable assuming response and cleanup duties pursuant to Subchapter G, Chapter 26, Water Code.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.267, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 146, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter A. General Provisions › Section 40.007. General Powers and Duties

Sec. 40.007.  GENERAL POWERS AND DUTIES.  (a)  The commissioner may promulgate rules necessary and convenient to the administration of this chapter.
(b)  The commissioner shall by rule establish procedures under Chapter 2001, Government Code for all hearings required by this chapter.  The commissioner may administer oaths, receive evidence, issue subpoenas to compel attendance of witnesses and production of evidence related to hearings, and make findings of fact and decisions with respect to administering this chapter.
(c)  The commissioner may contract with any public agency or private person or other entity, including entering into cooperative agreements with the federal government, acquire and dispose of real or personal property, delegate responsibility for implementing the requirements of this chapter, and perform any other act within or without the boundaries of this state necessary to administer this chapter.
(d)  If the commissioner finds it necessary to enter property to conduct a vessel or terminal facility audit, inspection, or drill authorized under this chapter or to respond to an actual or threatened unauthorized discharge of oil, the commissioner may enter the property after making a reasonable effort to obtain consent to enter the property.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter A. General Provisions › Section 40.008. Railroad Commission Authority

Sec. 40.008.  RAILROAD COMMISSION AUTHORITY.  The Railroad Commission of Texas shall continue to exercise its authority pursuant to Section 91.101 of this code and Section 26.131, Water Code, to issue and enforce rules, permits, and orders to prevent pollution of surface and subsurface waters in the state by activities associated with the exploration, development, or production of oil, gas, or geothermal resources, including the transportation of oil or gas by pipeline.  Nothing in this chapter preempts the jurisdiction of the Railroad Commission of Texas under Subchapter E, Chapter 121, Utilities Code, and Chapter 117, Natural Resources Code, over pipeline transportation of gas and hazardous liquids and over gas and hazardous liquid pipeline facilities.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.39, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 2 - Public Domain › Subtitle C - Administration › Chapter 40 - Oil Spill Prevention and Response Act of 1991 › Subchapter B. Discharge Response › Section 40.051. Notification

Sec. 40.051.  NOTIFICATION.  On notification of an actual or threatened unauthorized discharge of oil, the commissioner shall act to assess the discharge and prevent, abate, or contain any pollution from the discharge.
Added by Acts 1991, 72nd Leg., ch. 10, Sec. 1, eff. March 28, 1991.