reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 164 - Veterans' Financial Assistance Program › Section 164.009. Security for the Bonds

Sec. 164.009.  SECURITY FOR THE BONDS.  (a)  The bonds issued under this chapter shall be special obligations of the board.  As security for the payment of the bonds, the board may provide for a pledge of and lien or mortgage on:
(1)  the receipts of all kinds of the veterans' land fund, the veterans' housing assistance fund, and the veterans' housing assistance fund II determined by the board, on the basis of facts, circumstances, and expectations at the time of issuance of the bonds, not to be required for the payment of principal of or interest on the general obligation bonds issued by the board to augment the funds or to make payments with respect to principal or interest under a bond enhancement agreement with respect to the general obligation bonds;
(2)  the assets of the veterans' land fund, the veterans' housing assistance fund, or the veterans' housing assistance fund II determined by the board on the basis of facts, circumstances, and expectations at the time of issuance of the bonds not to be required for the purposes of the fund;
(3)  the payments and repayments received by the board from the board's financial assistance provided under this chapter;
(4)  other program revenues;
(5)  other available revenues of the board;  and
(6)  one or more veterans homes.
(b)  The pledge and lien or mortgage are to be provided for and determined in accordance with the resolution of the board providing for the issuance and sale of the bonds.
Added by Acts 1993, 73rd Leg., ch. 242, Sec. 3.01, eff. Aug. 30, 1993.  Amended by Acts 1993, 73rd Leg., ch. 242, Sec. 3.02;  Acts 1997, 75th Leg., ch. 71, Sec. 9, eff. May 9, 1997;  Acts 1999, 76th Leg., ch. 134, Sec. 7, eff. May 20, 1999;  Acts 2003, 78th Leg., ch. 590, Sec. 1, eff. Sept. 13, 2003.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 164 - Veterans' Financial Assistance Program › Section 164.010. Bond Enhancement Agreements

Sec. 164.010.  BOND ENHANCEMENT AGREEMENTS.  (a)  The board may at any time and from time to time enter into one or more bond enhancement agreements that the board deems to be necessary or appropriate to place the obligation of the board, as represented by the bonds, in whole or in part, on the interest rate, currency, cash flow, or other basis desired by the board.  Bond enhancement agreements may include, on terms and conditions approved by the board, interest rate swap agreements, currency swap agreements, forward payment conversion agreements, agreements providing for payments based on levels of or changes in interest rates or currency exchange rates, agreements to exchange cash flows or a series of payments, or agreements including options, puts, or calls, to hedge payment, currency, rate, spread, or other exposure.  A bond enhancement agreement is an agreement for professional services and shall contain the terms and conditions and be for the period that the board approves.  The cost to the board of the bond enhancement agreement may be paid from the proceeds of the sale of the bonds to which the bond enhancement agreement relates or from any other source, including the revenues of the board that are available for the purpose of paying the bonds or that may otherwise be available to make those payments.
(b)  The resolution of the board authorizing a bond enhancement agreement may authorize one or more designated officers or employees of the board to act on behalf of the board in entering into and delivering the bond enhancement agreement and in determining or setting the counterparty and terms of the bond enhancement agreement specified in the resolution, except that the resolution must set the maximum amount and term for the bond enhancement agreement.
(c)  Unless the board elects otherwise in its approval of a bond enhancement agreement, the bond enhancement agreement is not a credit agreement for purposes of Chapter 1371, Government Code, regardless of whether the bonds relating to the bond enhancement agreement were issued in part under that law.
Added by Acts 1993, 73rd Leg., ch. 242, Sec. 3.01, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 71, Sec. 10, eff. May 9, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.359, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 164 - Veterans' Financial Assistance Program › Section 164.012. Resolutions

Sec. 164.012.  RESOLUTIONS.  (a)  The resolution authorizing the issuance of the bonds may prohibit the further issuance of bonds or other obligations payable from the pledged revenues or may reserve the right to issue additional bonds to be secured by a pledge of and payable from the revenue on a parity with or subordinate to the lien and pledge in support of the bonds being issued.
(b)  The resolution of the board authorizing the issuance of the bonds may include other provisions and covenants that the board determines necessary.
(c)  In a resolution authorizing the issuance of bonds, the board may prescribe systems, methods, routines, and procedures under which the board will function.
(d)  The board may adopt and have executed any other proceedings or instruments necessary or convenient in the issuance of bonds.
Added by Acts 1993, 73rd Leg., ch. 242, Sec. 3.01, eff. Aug. 30, 1993.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 164 - Veterans' Financial Assistance Program › Section 164.013. Investment Securities

Sec. 164.013.  INVESTMENT SECURITIES.  The bonds and any interest coupons are investment securities under Chapter 8, Business & Commerce Code, and may be issued registrable as to principal or as to both principal and interest or may be made redeemable before maturity at the option of the authority or may contain a mandatory redemption provision.
Added by Acts 1993, 73rd Leg., ch. 242, Sec. 3.01, eff. Aug. 30, 1993.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 164 - Veterans' Financial Assistance Program › Section 164.014. Approval of the Attorney General

Sec. 164.014.  APPROVAL OF THE ATTORNEY GENERAL.  Bonds issued under this chapter are subject to review and approval by the attorney general in the same manner and with the same effect as provided by Chapter 1371, Government Code.
Added by Acts 1993, 73rd Leg., ch. 242, Sec. 3.01, eff. Aug. 30, 1993.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.360, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 164 - Veterans' Financial Assistance Program › Section 164.015. Refunding Bonds

Sec. 164.015.  REFUNDING BONDS.  (a)  The board may issue refunding bonds to refund all or part of its outstanding bonds issued under this chapter, including matured but unpaid interest.
(b)  The board may refund bonds in the manner provided by general law for revenue bonds.
Added by Acts 1993, 73rd Leg., ch. 242, Sec. 3.01, eff. Aug. 30, 1993.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 164 - Veterans' Financial Assistance Program › Section 164.016. Bonds as Investments and Security

Sec. 164.016.  BONDS AS INVESTMENTS AND SECURITY.  (a)  The bonds are legal and authorized investments for banks, savings banks, trust companies, savings and loan companies, insurance companies, fiduciaries, trustees, guardians, the sinking funds of cities, towns, villages, counties, school districts, and other political subdivisions of the state, and other public funds of the state and its agencies.
(b)  The bonds are eligible to secure deposits of public funds of the state and cities, counties, school districts, and other political subdivisions of the state.  The bonds are lawful and sufficient security for deposits to the extent of their par value.
Added by Acts 1993, 73rd Leg., ch. 242, Sec. 3.01, eff. Aug. 30, 1993.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 164 - Veterans' Financial Assistance Program › Section 164.017. Tax Exempt

Sec. 164.017.  TAX EXEMPT.  Since the board is performing an essential governmental function in the exercise of the powers conferred on it by this chapter, the bonds issued under this chapter, and the interest and income from the bonds, including any profit made on the sale of bonds, and all fees, charges, gifts, grants, revenues, receipts, and other money received or pledged to pay or secure the payment of bonds are free from taxation and assessments of every kind by this state and any city, county, district, authority, or other political subdivision of this state.
Added by Acts 1993, 73rd Leg., ch. 242, Sec. 3.01, eff. Aug. 30, 1993.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 164 - Veterans' Financial Assistance Program › Section 164.018. No Pledge of State Faith and Credit; Covenant With Owners of Bonds

Sec. 164.018.  NO PLEDGE OF STATE FAITH AND CREDIT;  COVENANT WITH OWNERS OF BONDS.  (a)  Bonds issued under this chapter are special obligations of the board and are payable only from and secured only by the revenues and assets pledged to secure payment of the bonds under the Texas Constitution and this chapter, and the bonds are not and do not create or constitute a pledge, gift, or loan of the faith, credit, or taxing authority of the state.
(b)  Each bond must include a statement that the faith or credit and the taxing authority of the state are not pledged, given, or loaned to secure payment of the principal of, or premium or interest on the bonds.
(c)  The state pledges to and agrees with the owners of bonds issued under this chapter that the state will not limit or alter the rights vested in the board to fulfill the terms of agreements made with the owners of the bonds or in any way impair the rights and remedies of those owners until the bonds, together with any premium and interest, interest on any unpaid premium or installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of those owners, are fully met and discharged.  The board may include this pledge and agreement of the state in an agreement with the owners of the bonds.
Added by Acts 1993, 73rd Leg., ch. 242, Sec. 3.01, eff. Aug. 30, 1993.
2023 Texas Statutes › Natural Resources Code › Title 7 - Resources Programs › Chapter 164 - Veterans' Financial Assistance Program › Section 164.019. Enforcement by Mandamus

Sec. 164.019.  ENFORCEMENT BY MANDAMUS.  A writ of mandamus and all other legal and equitable remedies are available to a party in interest to require the board and any other party to carry out agreements and to perform functions and duties under this chapter, the Texas Constitution, or the board's bond resolutions or orders.
Added by Acts 1993, 73rd Leg., ch. 242, Sec. 3.01, eff. Aug. 30, 1993.
2023 Texas Statutes › Natural Resources Code › Title 8 - Acquisition of Resources › Chapter 183 - Conservation Easements › Subchapter A. Conservation Easements Generally › Section 183.001. Definitions

Sec. 183.001.  DEFINITIONS.  In this chapter:
(1)  "Conservation easement" means a nonpossessory interest of a holder in real property that imposes limitations or affirmative obligations designed to:
(A)  retain or protect natural, scenic, or open-space values of real property or assure its availability for agricultural, forest, recreational, or open-space use;
(B)  protect natural resources;
(C)  maintain or enhance air or water quality;  or
(D)  preserve the historical, architectural, archeological, or cultural aspects of real property.
(2)  "Holder" means:
(A)  a governmental body empowered to hold an interest in real property under the laws of this state or the United States;  or
(B)  a charitable corporation, charitable association, or charitable trust created or empowered to:
(i)  retain or protect the natural, scenic, or open-space values of real property;
(ii)  assure the availability of real property for agricultural, forest, recreational, or open-space use;
(iii)  protect natural resources;
(iv)  maintain or enhance air or water quality;  or
(v)  preserve the historical, architectural, archeological, or cultural aspects of real property.
(3)  "Third-party right of enforcement" means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust that is eligible to be a holder but is not a holder.
(4)  "Servient estate" means the real property burdened by the conservation easement.
Added by Acts 1983, 68th Leg., p. 2438, ch. 434, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 8 - Acquisition of Resources › Chapter 183 - Conservation Easements › Subchapter A. Conservation Easements Generally › Section 183.002. Creation, Conveyances, Acceptances, and Duration

Sec. 183.002.  CREATION, CONVEYANCES, ACCEPTANCES, AND DURATION.  (a)  Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.
(b)  A right or duty in favor of or against a holder and a right in favor of a person having a third-party right of enforcement does not arise under a conservation easement before its acceptance by the holder and the recordation of the acceptance.
(c)  Except as provided by Section 183.003(b) of this code, a conservation easement is unlimited in duration unless the instrument creating it makes some other provision.
(d)  An interest that exists in real property at the time a conservation easement is created is not impaired unless the owner of the interest is a party to the conservation easement or consents to it.
(e)  A conservation easement must be created in writing, acknowledged and recorded in the deed records of the county in which the servient estate is located, and must include a legal description of the real property which constitutes the servient estate.
(f)  If land that has been subject to a conservation easement is no longer subject to such easement, an additional tax is imposed on the land equal to the difference, if any, between the taxes imposed on the land for each of the five years preceding the year in which the easement terminates and the taxes that would have been imposed had the land not been subject to a conservation easement in each of those years, plus interest at an annual rate of seven percent calculated from the dates on which the differences would have become due.
Added by Acts 1983, 68th Leg., p. 2438, ch. 434, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 8 - Acquisition of Resources › Chapter 183 - Conservation Easements › Subchapter A. Conservation Easements Generally › Section 183.003. Judicial Actions

Sec. 183.003.  JUDICIAL ACTIONS.  (a)  An action affecting a conservation easement may be brought by:
(1)  an owner of an interest in the real property burdened by the easement;
(2)  a holder of the easement;
(3)  a person having a third-party right of enforcement;  or
(4)  a person authorized by some other law.
(b)  This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.
Added by Acts 1983, 68th Leg., p. 2438, ch. 434, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 8 - Acquisition of Resources › Chapter 183 - Conservation Easements › Subchapter A. Conservation Easements Generally › Section 183.004. Validity

Sec. 183.004.  VALIDITY.  A conservation easement is valid even though:
(1)  it is not appurtenant to an interest in real property;
(2)  it can be or has been assigned to another holder;
(3)  it is not of a character that has been recognized traditionally at common law;
(4)  it imposes a negative burden;
(5)  it imposes affirmative obligations on the owner of an interest in the burdened property or on the holder;
(6)  the benefit does not touch or concern real property;  or
(7)  there is no privity of estate or of contract.
Added by Acts 1983, 68th Leg., p. 2438, ch. 434, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 8 - Acquisition of Resources › Chapter 183 - Conservation Easements › Subchapter A. Conservation Easements Generally › Section 183.005. Applicability

Sec. 183.005.  APPLICABILITY.  (a)  This chapter applies to any interest created on or after September 1, 1983, that complies with this chapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
(b)  This chapter applies to any interest created before September 1, 1983, if it would have been enforceable had it been created on or after September 1, 1983, unless retroactive application contravenes the constitution or laws of this state or the United States.
(c)  This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under other law of this state.
Added by Acts 1983, 68th Leg., p. 2438, ch. 434, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 8 - Acquisition of Resources › Chapter 183 - Conservation Easements › Subchapter A. Conservation Easements Generally › Section 183.006. County Financing for Acquisition of Conservation Easement

Sec. 183.006.  COUNTY FINANCING FOR ACQUISITION OF CONSERVATION EASEMENT.  (a)  In addition to other methods of financing, including the use of the county's general fund, a county may finance the acquisition of a conservation easement under this chapter in the same manner as permitted for that county under:
(1)  Section 331.004, Local Government Code, for the acquisition or improvement of land, buildings, or historically significant objects for park purposes or for historic or prehistoric preservation purposes; or
(2)  Section 271.045, Local Government Code, for land and rights-of-way.
(b)  A conservation easement financed under this section:
(1)  may not be acquired by eminent domain; and
(2)  is not subject to Section 331.007, Local Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1239 (S.B. 1044), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter A. General Provisions › Section 191.001. Title

Sec. 191.001.  TITLE.  This chapter may be cited as the Antiquities Code of Texas.
Acts 1977, 65th Leg., p. 2683, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter A. General Provisions › Section 191.002. Declaration of Public Policy

Sec. 191.002.  DECLARATION OF PUBLIC POLICY.  It is the public policy and in the public interest of the State of Texas to locate, protect, and preserve all sites, objects, buildings, pre-twentieth century shipwrecks, and locations of historical, archeological, educational, or scientific interest, including but not limited to prehistoric and historical American Indian or aboriginal campsites, dwellings, and habitation sites, archeological sites of every character, treasure imbedded in the earth, sunken or abandoned ships and wrecks of the sea or any part of their contents, maps, records, documents, books, artifacts, and implements of culture in any way related to the inhabitants, pre-history, history, natural history, government, or culture in, on, or under any of the land in the State of Texas, including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas.
Acts 1977, 65th Leg., p. 2683, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter A. General Provisions › Section 191.003. Definitions

Sec. 191.003.  DEFINITIONS.  In this chapter:
(1)  "Committee" means the Texas Historical Commission.
(2)  "Landmark" means a state archeological landmark.
(3)  "State agency" means a department, commission, board, office, or other agency that is a part of state government and that is created by the constitution or a statute of this state.  The term includes an institution of higher education as defined by Section 61.003, Texas Education Code.
(4)  "Political subdivision" means a local governmental entity created and operating under the laws of this state, including a city, county, school district, or special district created under Article III, Section 52(b)(1) or (2), or Article XVI, Section 59, of the Texas Constitution.
Acts 1977, 65th Leg., p. 2683, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 2001, ch. 364, Sec. 1, eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 948, Sec. 1, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 109, Sec. 18, eff. Aug. 30, 1995.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter A. General Provisions › Section 191.004. Certain Records Not Public Information

Sec. 191.004.  CERTAIN RECORDS NOT PUBLIC INFORMATION.  (a)  Information specifying the location of any site or item declared to be a state archeological landmark under Subchapter D of this chapter  is not public information.
(b)  Information specifying the location or nature of an activity covered by a permit or an application for a permit under this chapter is not public information.
(c)  Information specifying details of a survey to locate state archeological landmarks under this chapter is not public information.
Added by Acts 1981, 67th Leg., p. 959, ch. 365, Sec. 1, eff. June 10, 1981.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter C. Powers and Duties › Section 191.051. In General

Sec. 191.051.  IN GENERAL.  (a)  The committee is the legal custodian of all items described in this chapter that have been recovered and retained by the State of Texas.
(b)  The committee shall:
(1)  maintain an inventory of the items recovered and retained by the State of Texas, showing the description and depository of them;
(2)  determine the site of and designate landmarks and remove from the designation certain sites, as provided in Subchapter D of this chapter;
(3)  contract or otherwise provide for discovery operations and scientific investigations under the provisions of Section 191.053 of this code;
(4)  consider the requests for and issue the permits provided for in Section 191.054 of this code;
(5)  prepare and make available to the general public and appropriate state agencies and political subdivisions information of consumer interest describing the functions of the committee and the procedures by which complaints are filed with and resolved by the committee;  and
(6)  protect and preserve the archeological and historical resources of Texas.
Acts 1977, 65th Leg., p. 2685, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 2002, ch. 364, Sec. 5, eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 948, Sec. 4, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter C. Powers and Duties › Section 191.052. Rules

Sec. 191.052.  RULES.  The committee may promulgate rules and require contract or permit conditions to reasonably effect the purposes of this chapter.
Acts 1977, 65th Leg., p. 2685, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter C. Powers and Duties › Section 191.053. Contract for Discovery and Scientific Investigation

Sec. 191.053.  CONTRACT FOR DISCOVERY AND SCIENTIFIC INVESTIGATION.  (a)  The committee may contract with other state agencies or political subdivisions and with qualified private institutions, corporations, or individuals for the discovery and scientific investigation of sunken or abandoned ships or wrecks of the sea, or any part of the contents of them, or archeological deposits or treasure imbedded in the earth.
(b)  The contract shall:
(1)  be on a form approved by the attorney general;
(2)  specify the location, nature of the activity, and the time period covered by the contract;  and
(3)  provide for the termination of any right in the investigator or permittee under the contract on the violation of any of the terms of the contract.
(c)  The executed contract shall be recorded by the person, firm, or corporation obtaining the contract in the office of the county clerk in the county or counties in which the operations are to be conducted prior to the commencement of the operation.
(d)  Title to all objects recovered is retained by the State of Texas unless and until it is released by the committee.
Acts 1977, 65th Leg., p. 2685, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 2006, ch. 364, Sec. 7, eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 948, Sec. 5, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter C. Powers and Duties › Section 191.054. Permit for Survey and Discovery, Excavation, Restoration, Demolition, or Study

Sec. 191.054.  PERMIT FOR SURVEY AND DISCOVERY, EXCAVATION, RESTORATION, DEMOLITION, OR STUDY.  (a)  The committee may issue a permit to other state agencies or political subdivisions or to qualified private institutions, companies, or individuals for the survey and discovery, excavation, demolition, or restoration of, or the conduct of scientific or educational studies at, in, or on landmarks, or for the discovery of eligible landmarks on public land if it is the opinion of the committee that the permit is in the best interest of the State of Texas.
(b)  Restoration shall be defined as any rehabilitation of a landmark excepting normal maintenance or alterations to nonpublic interior spaces.
(c)  The permit shall:
(1)  be on a form approved by the attorney general;
(2)  specify the location, nature of the activity, and the time period covered by the permit;  and
(3)  provide for the termination of any right in the investigator or permittee under the permit on the violation of any of the terms of the permit.
Acts 1977, 65th Leg., p. 2685, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 2006, ch. 364, Sec. 7, eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 948, Sec. 6, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter C. Powers and Duties › Section 191.055. Supervision

Sec. 191.055.  SUPERVISION.  All scientific investigations or recovery operations conducted under the contract provisions in Section 191.053 of this code and all operations conducted under permits or contracts set out in Section 191.054 of this code must be carried out:
(1)  under the general supervision of the committee;
(2)  in accordance with reasonable rules adopted by the committee;  and
(3)  in such manner that the maximum amount of historic, scientific, archeological, and educational information may be recovered and preserved in addition to the physical recovery of items.
Acts 1977, 65th Leg., p. 2686, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 2002, ch. 364, Sec. 7, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter C. Powers and Duties › Section 191.056. Acceptance of Gifts

Sec. 191.056.  ACCEPTANCE OF GIFTS.  The committee may accept gifts, grants, devises, or bequests of money, securities, or property to be used in the pursuance of its activities and the performance of its duties.
Acts 1977, 65th Leg., p. 2686, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 2006, ch. 364, Sec. 7, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter C. Powers and Duties › Section 191.057. Survey, Excavation, or Restoration for Private Parties

Sec. 191.057.  SURVEY, EXCAVATION, OR RESTORATION FOR PRIVATE PARTIES.  The committee may survey, excavate, or restore antiquities for private parties under rules promulgated by the committee.  All real and administrative costs incurred in the survey, excavation, or restoration shall be paid by the private party.
Acts 1977, 65th Leg., p. 2686, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 7, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter C. Powers and Duties › Section 191.058. Curation of Artifacts

Sec. 191.058.  CURATION OF ARTIFACTS.  (a)  As far as is consistent with the public policy of this chapter, the committee, on a majority vote, may arrange or contract with other state agencies or political subdivisions, and qualified private institutions, corporations, or individuals, for public display of artifacts and other items in its custody through permanent exhibits established in the locality or region in which the artifacts were discovered or recovered.  The committee, on a majority vote, may also arrange or contract with these same persons and groups for portable or mobile displays.
(b)  The committee is the legal custodian of the items described in this chapter and shall adopt appropriate rules, terms, and conditions to assure appropriate security, qualification of personnel, insurance, facilities for preservation, restoration, and display of the items loaned under the contracts.
(c)  Arrangements for curation of artifacts, data, and other materials recovered under Texas Antiquities Committee permits are specified in the body of the permit.  Should a state agency or political subdivision lack the facilities or for any reason be unable to curate or provide responsible storage for such artifacts, data, or other materials, the Texas Antiquities Committee will arrange for curation at a suitable institution.  The Texas Antiquities Committee may by rule assess costs for the curation.
(d)  The committee may contract with a qualified institution for the institution to serve as a repository for artifacts and other items in the custody of the committee.  The Corpus Christi Museum of Science and History is the repository for marine artifacts.  The committee may contract with other qualified institutions to serve as additional repositories for marine artifacts.  The committee may authorize an archeological repository to loan artifacts and other items curated by the repository to a qualified institution for public display.  The Corpus Christi Museum of Science and History:
(1)  does not own the artifacts for which it serves as a repository;  and
(2)  shall make available for loan to a qualified institution for display the marine artifacts for which it serves as a repository.
Acts 1977, 65th Leg., p. 2687, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1983, 68th Leg., p. 2008, ch. 364, Sec. 8, eff. Sept. 1, 1983;  Acts 1987, 70th Leg., ch. 948, Sec. 8, eff. Sept. 1, 1987;  Acts 1997, 75th Leg., ch. 797, Sec. 1, 2, eff. June 17, 1997.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter C. Powers and Duties › Section 191.059. Complaints

Sec. 191.059.  COMPLAINTS.  (a)  The committee shall keep an information file about each complaint filed with the committee.
(b)  If a written complaint is filed with the committee, the committee, at least as frequently as quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint.
Added by Acts 1983, 68th Leg., p. 2009, ch. 364, Sec. 9, eff. Sept. 1, 1983.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter D. State Archeological Landmarks › Section 191.091. Ships, Wrecks of the Sea, and Treasure Imbedded in Earth

Sec. 191.091.  SHIPS, WRECKS OF THE SEA, AND TREASURE IMBEDDED IN EARTH.  Sunken or abandoned pre-twentieth century ships and wrecks of the sea, and any part or the contents of them, and all treasure imbedded in the earth, located in, on, or under the surface of land belonging to the State of Texas, including its tidelands, submerged land, and the beds of its rivers and the sea within jurisdiction of the State of Texas, are declared to be state archeological landmarks and are eligible for designation.
Acts 1977, 65th Leg., p. 2687, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 9, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter D. State Archeological Landmarks › Section 191.093. Prerequisites to Removal, Altering, Damaging, Destroying, Salvaging, or Excavating Certain Landmarks

Sec. 191.093.  PREREQUISITES TO REMOVAL, ALTERING, DAMAGING, DESTROYING, SALVAGING, OR EXCAVATING CERTAIN LANDMARKS.  Landmarks under Section 191.091 or 191.092 of this code are the sole property of the State of Texas and may not be removed, altered, damaged, destroyed, salvaged, or excavated without a contract with or permit from the committee.
Acts 1977, 65th Leg., p. 2687, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 193, ch. 90, Sec. 2, eff. Aug. 31, 1981;  Acts 1987, 70th Leg., ch. 948, Sec. 11, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter D. State Archeological Landmarks › Section 191.094. Designating a Landmark on Private Land

Sec. 191.094.  DESIGNATING A LANDMARK ON PRIVATE LAND.  (a)  Any site located on private land which is determined by majority vote of the committee to be of sufficient archeological, scientific, or historical significance to scientific study, interest, or public representation of the aboriginal or historical past of Texas may be designated a state archeological landmark by the committee.
(b)  No site may be designated on private land without the written consent of the landowner or landowners in recordable form sufficiently describing the site so that it may be located on the ground.
(c)  On designation, the consent of the landowner shall be recorded in the deed records of the county in which the land is located.
Acts 1977, 65th Leg., p. 2687, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter D. State Archeological Landmarks › Section 191.095. Permit for Landmark on Private Land

Sec. 191.095.  PERMIT FOR LANDMARK ON PRIVATE LAND.  All sites or items of archeological, scientific, or historical interest located on private land in the State of Texas in areas designated as landmarks, as provided in Section 191.094 of this code, and landmarks under Section 191.092 of this code, may not be taken, altered, damaged, destroyed, salvaged, or excavated without a permit from the committee or in violation of the terms of the permit.
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter D. State Archeological Landmarks › Section 191.096. Marking Landmark on Private Land

Sec. 191.096.  MARKING LANDMARK ON PRIVATE LAND.  Any site on private land which is designated a landmark shall be marked by at least one marker bearing the words "State Archeological Landmark".
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 12, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter D. State Archeological Landmarks › Section 191.097. Removing Designation as Landmark

Sec. 191.097.  REMOVING DESIGNATION AS LANDMARK.  (a)  Any landmark on public or private land may be determined by majority vote of the committee to be of no further historical, archeological, educational, or scientific value, or not of sufficient value to warrant its further classification as a landmark, and on this determination may be removed from the designation as a landmark.
(b)  On removal of the designation on private land which was designated by instrument of record, the committee shall execute and record in the deed records of the county in which the site is located an instrument setting out the determination and releasing the site from the provisions of this chapter.
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 13, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter D. State Archeological Landmarks › Section 191.098. Notification of Alteration or Demolition of Possible Landmark

Sec. 191.098.  NOTIFICATION OF ALTERATION OR DEMOLITION OF POSSIBLE LANDMARK.  (a)  A state agency may not alter, renovate, or demolish a building possessed by the state that was constructed at least 50 years before the alteration, renovation, or demolition and that has not been designated a landmark by the committee, without notifying the committee of the proposed alteration, renovation, or demolition not later than the 60th day before the day on which the agency begins the alteration, renovation, or demolition.
(b)  After receipt of the notice the committee may waive the waiting period;  however, if the committee institutes proceedings to determine whether the building is a state archeological landmark under Section 191.092 of this code not later than the 60th day after the day on which the notice is received by the committee, the agency must obtain a permit from the committee before beginning an alteration, renovation, or demolition of the building during the time that the committee's proceedings are pending.
(c)  Should the committee fail to provide a substantive response within 60 days to a request for a review of project plans, application for permit, draft report review, or other business required under the Antiquities Code, the applicant may proceed without further reference to the committee.
Added by Acts 1983, 68th Leg., p. 2009, ch. 364, Sec. 10, eff. Sept. 1, 1983.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 14, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter E. Prohibitions › Section 191.131. Contract or Permit Requirement

Sec. 191.131.  CONTRACT OR PERMIT REQUIREMENT.  (a)  No person, firm, or corporation may conduct a salvage or recovery operation without first obtaining a contract.
(b)  No person, firm, or corporation may conduct an operation on any landmark without first obtaining a permit and having the permit in his or its possession at the site of the operation, or conduct the operation in violation of the provisions of the permit.
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter E. Prohibitions › Section 191.132. Damage or Destruction

Sec. 191.132.  DAMAGE OR DESTRUCTION.  (a)  No person may intentionally and knowingly deface American Indian or aboriginal paintings, hieroglyphics, or other marks or carvings on rock or elsewhere that pertain to early American Indian or aboriginal habitation of the country.
(b)  A person who is not the owner shall not wilfully injure, disfigure, remove, or destroy a historical structure, monument, marker, medallion, or artifact without lawful authority.
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter E. Prohibitions › Section 191.133. Entry Without Consent

Sec. 191.133.  ENTRY WITHOUT CONSENT.  No person who is not the owner, and does not have the consent of the owner, proprietor, lessee, or person in charge, may enter or attempt to enter on the enclosed land of another and intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any historical structure, monument, marker, medallion, or artifact, or any prehistoric or historic archeological site, American Indian or aboriginal campsite, artifact, burial, ruin, or other archeological remains located in, on, or under any private land within the State of Texas.
Acts 1977, 65th Leg., p. 2688, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter F. Enforcement › Section 191.171. Criminal Penalty

Sec. 191.171.  CRIMINAL PENALTY.  (a)  A person violating any of the provisions of this chapter is guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than $50 and not more than $1,000, by confinement in jail for not more than 30 days, or by both.
(b)  Each day of continued violation of any provision of this chapter constitutes a separate offense for which the offender may be punished.
Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter F. Enforcement › Section 191.172. Civil Action by Attorney General

Sec. 191.172.  CIVIL ACTION BY ATTORNEY GENERAL.  (a)  In addition to, and without limiting the other powers of the attorney general, and without altering or waiving any criminal penalty provided in this chapter, the attorney general may bring an action in the name of the State of Texas in any court of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter, and for the return of items taken in violation of the provisions of this chapter.
(b)  Venue for an action instituted by the attorney general lies either in Travis County or in the county in which the activity sought to be restrained is alleged to be taking place or from which the items were taken.
Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter F. Enforcement › Section 191.173. Civil Action by Citizen

Sec. 191.173.  CIVIL ACTION BY CITIZEN.  (a)  A citizen of the State of Texas may bring an action in any court of competent jurisdiction for restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter, and for the return of items taken in violation of the provisions of this chapter.
(b)  Venue of an action by a citizen lies in the county in which the activity sought to be restrained is alleged to be taking place or from which the items were taken.
Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 9 - Heritage › Chapter 191 - Antiquities Code › Subchapter F. Enforcement › Section 191.174. Assistance From State Agencies, Political Subdivisions, and Law Enforcement Officers

Sec. 191.174.  ASSISTANCE FROM STATE AGENCIES, POLITICAL SUBDIVISIONS, AND LAW ENFORCEMENT OFFICERS.  (a)  The chief administrative officers of all state agencies and political subdivisions are directed to cooperate and assist the committee and the attorney general in carrying out the intent of this chapter.
(b)  All state and local law enforcement agencies and officers are directed to assist in enforcing the provisions and carrying out the intent of this chapter.
Acts 1977, 65th Leg., p. 2689, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 948, Sec. 15, eff. Sept. 1, 1987.
2023 Texas Statutes › Natural Resources Code › Title 10 - Caves › Chapter 201 - Cavern Protection › Subchapter A. General Provisions › Section 201.001. Policy

Sec. 201.001.  POLICY.  It is declared to be the public policy and in the public interest of the State of Texas to protect and preserve all caves on or under any of the land in the State of Texas, including tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas.
Added by Acts 1979, 66th Leg., p. 2003, ch. 785, Sec. 5, eff. June 13, 1979.
2023 Texas Statutes › Natural Resources Code › Title 10 - Caves › Chapter 201 - Cavern Protection › Subchapter A. General Provisions › Section 201.002. Definitions

Sec. 201.002.  DEFINITIONS.  In this chapter:
(1)  "Cave" means any naturally occurring subterranean cavity, and includes or is synonymous with cavern, pit, pothole, well, sinkhole, and grotto.
(2)  "Gate" means any structure, lock, door, or device located to limit or prohibit access or entry to any cave.
(3)  "Speleothem" means a natural mineral formation or deposit occurring in a cave, and includes or is synonymous with stalagmites, stalactites, helictites, anthodites, gypsum flowers, needles, angel's hair, soda straws, draperies, bacon, cave pearls, popcorn (coral), rimstone dams, columns, plettes, flowstone, or other similar crystalline mineral formations commonly composed of calcite, epsomite, gypsum, aragonite, celestite, and other similar minerals and formations.
(4)  "Owner" means a person who owns title to land on which a cave is located, including a person who owns title to a leasehold estate in the land.
Added by Acts 1979, 66th Leg., p. 2003, ch. 785, Sec. 5, eff. June 13, 1979.
2023 Texas Statutes › Natural Resources Code › Title 10 - Caves › Chapter 201 - Cavern Protection › Subchapter B. Permits › Section 201.011. Permit Required

Sec. 201.011.  PERMIT REQUIRED.  No person may excavate, remove, destroy, injure, alter in any significant manner, or deface any part of a cave owned by the State of Texas, unless the person possesses a valid permit under Section 201.012.
Added by Acts 1979, 66th Leg., p. 2003, ch. 785, Sec. 5, eff. June 13, 1979.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 993 (S.B. 1524), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1107 (H.B. 3502), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 10 - Caves › Chapter 201 - Cavern Protection › Subchapter B. Permits › Section 201.012. Issuance of Permit

Sec. 201.012.  ISSUANCE OF PERMIT.  The General Land Office may issue a permit under this subsection if the person seeking the permit furnishes the following information:
(1)  a detailed statement giving the reasons and objectives for the excavation, removal, or alteration and the benefits expected to be obtained from the contemplated work;
(2)  data and results of any completed excavation;
(3)  the prior written permission from the state agency which manages the site of the proposed excavation;
(4)  a sworn statement that he will carry the permit while exercising the privileges granted;  and
(5)  any other reasonable information which the General Land Office may prescribe.
Added by Acts 1979, 66th Leg., p. 2003, ch. 785, Sec. 5, eff. June 13, 1979.
2023 Texas Statutes › Natural Resources Code › Title 10 - Caves › Chapter 201 - Cavern Protection › Subchapter B. Permits › Section 201.013. Revocation

Sec. 201.013.  REVOCATION.  The General Land Office may for good cause revoke any permit issued under Section 201.012 of this code.
Added by Acts 1979, 66th Leg., p. 2003, ch. 785, Sec. 5, eff. June 13, 1979.
2023 Texas Statutes › Natural Resources Code › Title 10 - Caves › Chapter 201 - Cavern Protection › Subchapter B. Permits › Section 201.014. Penalties

Sec. 201.014.  PENALTIES.  A person who violates Section 201.011 is guilty of a Class A misdemeanor, unless the person has previously been convicted of violating that section, in which case the person is guilty of a state jail felony.
Added by Acts 1979, 66th Leg., p. 2003, ch. 785, Sec. 5, eff. June 13, 1979.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 993 (S.B. 1524), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1107 (H.B. 3502), Sec. 1, eff. September 1, 2007.
Reenacted and amended by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 16.002, eff. September 1, 2009.