reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 10 - Caves › Chapter 201 - Cavern Protection › Subchapter C. Prohibitions › Section 201.041. Vandalism

Sec. 201.041.  VANDALISM.  (a)  A person may not, without express, prior, written permission of the owner, knowingly:
(1)  break, break off, crack, carve upon, write, burn, or otherwise mark upon, remove, or in any manner destroy, deface, mar, or harm the surfaces of any cave or any natural material in a cave, including speleothems;
(2)  deface, mar, or harm in any manner the natural condition of any cave; or
(3)  break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to any cave, even though entrance to the cave may not be gained.
(b)  A person who violates a provision of this section is guilty of a state jail felony, unless the person has previously been convicted of violating this section, in which case the person is guilty of a felony of the third degree.
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 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 16.003, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 10 - Caves › Chapter 201 - Cavern Protection › Subchapter C. Prohibitions › Section 201.042. Sale of Speleothems

Sec. 201.042.  SALE OF SPELEOTHEMS.  (a)  A person may not sell or offer for sale any speleothems in this state, or export them for sale outside the state, without written permission from the owner of the cave from which the speleothems were removed.
(b)  A person who violates this section is guilty of a Class A misdemeanor, unless the person has previously been convicted of violating this 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. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1107 (H.B. 3502), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 11 - Miscellaneous Uses of Natural Resources › Chapter 211 - Hazardous Liquid Salt Dome Storage Facilities › Subchapter A. General Provisions › Section 211.001. Definitions

Sec. 211.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Railroad Commission of Texas.
(2)  "Hazardous liquid" means any liquid which is not defined as a solid or hazardous waste by Section 361.003, Health and Safety Code, and which is:
(A)  petroleum or any petroleum or liquid natural gas product;  or
(B)  any hydrocarbon in a liquid state, other than liquified natural gas, that has been determined by the United States secretary of transportation to be a hazardous liquid.
(3)  "Salt dome storage of hazardous liquids" means the storage of a hazardous liquid in any salt formation or bedded salt formation storage facility, but does not include a facility that has been defined by the federal Department of Transportation as part of an interstate pipeline facility and that is subject to federal minimum standards adopted under 49 U.S.C. Section 60101 et seq. and its subsequent amendments or a succeeding law.
(4)  "Salt dome storage facility" includes any new or existing salt formation or bedded salt formation storage cavern and any equipment, facility, or building used or intended for use in the storage of a hazardous liquid in the salt formation cavern.
Added by Acts 1993, 73rd Leg., ch. 949, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1177 (S.B. 901), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 11 - Miscellaneous Uses of Natural Resources › Chapter 211 - Hazardous Liquid Salt Dome Storage Facilities › Subchapter A. General Provisions › Section 211.002. Powers of Local Governments

Sec. 211.002.  POWERS OF LOCAL GOVERNMENTS.  (a)  This chapter does not reduce, limit, or impair the authority provided by law to any municipality, except as provided by Subsection (b) of this section.
(b)  A municipality or county may not adopt or enforce an ordinance or other regulation that establishes safety standards or practices applicable to hazardous liquid salt formation storage facilities that are subject to regulation by federal or state law.
(c)  "Safety standards or practices" means any regulation of an activity or facility covered by this chapter or that is incompatible with the safety standards or practices enacted or adopted by federal or state government pursuant to 49 U.S.C.  Section 60101 et seq. and its subsequent amendments or a succeeding law.
Added by Acts 1993, 73rd Leg., ch. 949, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1177 (S.B. 901), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 11 - Miscellaneous Uses of Natural Resources › Chapter 211 - Hazardous Liquid Salt Dome Storage Facilities › Subchapter B. Regulation of Facilities › Section 211.011. Jurisdiction

Sec. 211.011.  JURISDICTION.  The commission has jurisdiction over all salt dome storage of hazardous liquids and over salt dome storage facilities used for the storage of hazardous liquids.
Added by Acts 1993, 73rd Leg., ch. 949, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 11 - Miscellaneous Uses of Natural Resources › Chapter 211 - Hazardous Liquid Salt Dome Storage Facilities › Subchapter B. Regulation of Facilities › Section 211.012. Rules and Standards

Sec. 211.012.  RULES AND STANDARDS.  (a)  The commission by rule shall adopt safety standards and practices for the salt dome storage of hazardous liquids and the facilities used for that purpose.  Safety standards and practices adopted by the commission for a storage facility that is part of an intrastate pipeline facility, as defined by the federal Department of Transportation under 49 U.S.C. Section 60101 et seq. and its subsequent amendments or a succeeding law, must be compatible with federal minimum standards.  The rules shall require:
(1)  the installation and periodic testing of safety devices at a salt dome storage facility;
(2)  the establishment of emergency notification procedures for the operator of a facility in the event of a release of a hazardous substance that poses a substantial risk to the public;
(3)  fire prevention and response procedures;
(4)  employee and third-party contractor safety training with respect to the operation of the facility; and
(5)  other requirements that the commission finds necessary and reasonable for the safe construction, operation, and maintenance of salt dome storage facilities.
(b)  The commission may grant exceptions to its rules or impose additional requirements in any permit or amended permit issued to a facility if the facility, as permitted, will not cause an unreasonable danger to the public.
Added by Acts 1993, 73rd Leg., ch. 949, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1177 (S.B. 901), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Natural Resources Code › Title 11 - Miscellaneous Uses of Natural Resources › Chapter 211 - Hazardous Liquid Salt Dome Storage Facilities › Subchapter B. Regulation of Facilities › Section 211.013. Records and Reports

Sec. 211.013.  RECORDS AND REPORTS.  (a)  Each owner or operator of a hazardous liquid salt dome storage facility shall maintain records, make reports, and provide any information the commission may require with respect to the construction, operation, or maintenance of the facility.  The operator of a hazardous liquid salt dome storage facility shall report or make available for inspection the results of any commission-required test of a safety device installed at the facility to the commission within 10 days after the day of the test.
(b)  The commission by rule shall designate the records required to be maintained and the reports required to be filed by the owner or operator and shall provide forms for reports if necessary.
(c)  The commission may require the owner or operator of a hazardous liquid salt dome storage facility to prepare a safety procedural manual for the facility.  The commission may require the owner or operator to file the manual with the commission for approval or to make the manual available for inspection by an employee or agent of the commission.
Added by Acts 1993, 73rd Leg., ch. 949, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 11 - Miscellaneous Uses of Natural Resources › Chapter 211 - Hazardous Liquid Salt Dome Storage Facilities › Subchapter B. Regulation of Facilities › Section 211.014. Inspections and Examinations

Sec. 211.014.  INSPECTIONS AND EXAMINATIONS.  (a)  The commission or its employee or designated agent may enter property on which a hazardous liquid salt dome storage facility is located or any other property relating to salt dome storage of a hazardous liquid and may inspect and examine the property and any records located on the property to the extent relevant to determine if a person is acting in compliance with this chapter and any rules adopted by the commission under this chapter.
(b)  Before the commission or its employees or agents enter the premises of a storage facility with on-site personnel, proper credentials must be presented to the on-site person in charge of the property.
(c)  An entry, examination, or inspection under this section must be made only at a reasonable time and in a reasonable manner.
Added by Acts 1993, 73rd Leg., ch. 949, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 11 - Miscellaneous Uses of Natural Resources › Chapter 211 - Hazardous Liquid Salt Dome Storage Facilities › Subchapter C. Enforcement › Section 211.031. Civil Penalty

Sec. 211.031.  CIVIL PENALTY.  A person who violates this chapter or a rule adopted or order or permit issued under this chapter is subject to a civil penalty of not more than $25,000 for each act of violation and for each day of violation.  The total amount of penalties that may be assessed under this section for a related series of violations may not exceed $500,000.
Added by Acts 1993, 73rd Leg., ch. 949, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Natural Resources Code › Title 11 - Miscellaneous Uses of Natural Resources › Chapter 211 - Hazardous Liquid Salt Dome Storage Facilities › Subchapter C. Enforcement › Section 211.032. Enforcement by Commission and Attorney General

Sec. 211.032.  ENFORCEMENT BY COMMISSION AND ATTORNEY GENERAL.  (a)  If it appears that a person has been or is violating this chapter or a rule of the commission adopted under this chapter, the commission may institute a civil suit in a district court for injunctive relief to restrain the person from continuing the violation or for the assessment and recovery of a civil penalty under Section 211.031 of this code, or for both the injunctive relief and the civil penalty.
(b)  On application for injunctive relief and a finding that a person has violated or is violating this chapter or a rule of the commission under this chapter, the district court shall grant the injunctive relief that the facts warrant.
(c)  At the request of the commission, the attorney general shall institute and conduct a suit under this section in the name of the state.
Added by Acts 1993, 73rd Leg., ch. 949, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Natural Resources Code › Title 11 - Miscellaneous Uses of Natural Resources › Chapter 211 - Hazardous Liquid Salt Dome Storage Facilities › Subchapter C. Enforcement › Section 211.034. Notices of Noncompliance

Sec. 211.034.  NOTICES OF NONCOMPLIANCE.  In addition to other authority specifically granted to the commission under this chapter, the commission may enforce this chapter or any rule adopted or order or permit issued under this chapter as provided by Section 91.207 of this code.
Added by Acts 1993, 73rd Leg., ch. 949, Sec. 1, eff. Jan. 1, 1994.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter A. General Provisions › Section 221.001. Definitions

Sec. 221.001.  DEFINITIONS.  In this chapter:
(1)  "Buffer zone" means a strip of land adjoining a wetland mitigation bank to protect the wetland habitat and wildlife within the bank from the impact of an activity outside the zone.  The term includes a strip of land composed primarily of water or a strip of land that includes a fence, wall, or screen of vegetation.
(2)  "Eligible political subdivision" means:
(A)  a county with a population of 3.3 million or more or a county adjacent to such a county;  or
(B)  a conservation and reclamation district:
(i)  that is established under Section 59, Article XVI, Texas Constitution;
(ii)  the boundaries of which are within a county that has a population of 3.3 million or more;  and
(iii)  that is authorized under other law to participate in a program under this chapter.
(3)  "Federal requirement" means a requirement of the federal government contained in a statute, regulation, or guideline for an eligible mitigation bank program or a wetland regulation program.
(4)  "Mitigation bank" means a parcel of land that has undergone or is proposed to undergo a physical change necessary to create or optimize the acreage or quality of wetland habitat on the parcel expressly to provide a mitigation credit to offset an adverse impact to wetland caused by an approved project located elsewhere.
(5)  "Mitigation credit" means a unit of measured area that supports wetland habitat or wetland habitat value that did not exist at the mitigation bank site before the mitigation bank was developed.
(6)  "Wetland" means land that:
(A)  has a predominance of hydric soil;
(B)  is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions;  and
(C)  under normal circumstances does support a prevalence of that vegetation.
(7)  "Wetland regulation program" means a program of the state, a state agency, or an eligible political subdivision under which the state, agency, or subdivision administers its own individual or general permit program regulating the use of wetland.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 114, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter A. General Provisions › Section 221.002. Use of Money

Sec. 221.002.  USE OF MONEY.  A state agency or an eligible political subdivision may use any money to accomplish a purpose of this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter A. General Provisions › Section 221.003. Cost of Moving or Changing Facility

Sec. 221.003.  COST OF MOVING OR CHANGING FACILITY.  If a state agency, eligible political subdivision, or nonprofit corporation, in exercising a power under this chapter, makes it necessary to move, raise, lower, reroute, or change the grade of or alter the construction of a pipeline, highway, railroad, electric transmission or distribution line, or telephone or telegraph property or facility, the agency, subdivision, or corporation must bear the sole expense of the action.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter B. Wetland Mitigation Banking and Contracts › Section 221.021. Actions to Establish or Maintain Mitigation Bank

Sec. 221.021.  ACTIONS TO ESTABLISH OR MAINTAIN MITIGATION BANK.  (a)  With the approval of the General Land Office, a state agency or eligible political subdivision may take any necessary and reasonable action to comply with a federal requirement to establish or maintain a mitigation bank.  An action under this section may include:
(1)  authorizing or making a continuing study of wetland areas and wetland mitigation programs;
(2)  consistent with federal requirements, engaging in a wetland mitigation program and adopting and enforcing permanent land use and control measures on land the agency or subdivision owns in a mitigation bank;
(3)  consulting with, providing information to, and entering into an agreement with a federal agency to identify and publish information about wetland areas;
(4)  cooperating with a federal or state agency in connection with a study or investigation regarding the adequacy of a local measure with respect to a federal or state wetland program;
(5)  improving the long-range management or use of wetland or a wetland mitigation bank;
(6)  purchasing, leasing, condemning, or otherwise acquiring property inside or outside the eligible political subdivision that is necessary for a wetland mitigation bank or buffer zone and, as necessary, improving the land or other property as a wetland mitigation bank, including any adjacent buffer zone, to comply with a federal requirement;
(7)  requesting or receiving aid from a federal or state agency or an eligible political subdivision;
(8)  purchasing, selling, or contracting to purchase or sell a mitigation credit in a mitigation bank;
(9)  incurring a liability or borrowing money on terms approved by the governing body of the subdivision;
(10)  acquiring, holding, using, selling, leasing, or disposing of real or personal property, including a license, patent, right, or interest, that is necessary, convenient, or useful for the full exercise of a power under this chapter;
(11)  contracting with any operator to use or operate any part of a mitigation bank;  and
(12)  procuring any type of insurance and paying an insurance premium in an amount the governing body of the eligible political subdivision considers necessary or advisable.
(b)  The power of eminent domain granted by this section does not enable a state agency or eligible political subdivision to acquire by condemnation an interest in land that is owned or used by a public utility.  In this subsection, "public utility" has the meaning assigned by the Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's Texas Civil Statutes).
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter B. Wetland Mitigation Banking and Contracts › Section 221.022. Optional Mitigation Bank Provisions

Sec. 221.022.  OPTIONAL MITIGATION BANK PROVISIONS.  A mitigation bank project may include a provision for:
(1)  a park;
(2)  recreation;
(3)  a scenic area;  or
(4)  flood control.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter B. Wetland Mitigation Banking and Contracts › Section 221.023. Mitigation Bank Contracts; Contract Payments

Sec. 221.023.  MITIGATION BANK CONTRACTS;  CONTRACT PAYMENTS.  (a)  A state agency or eligible political subdivision may contract with another state agency or eligible political subdivision to pay jointly any part of the cost to acquire, design, construct, improve, or maintain a wetland mitigation bank or a buffer zone.
(b)  Payment of the cost of a project or a payment required to be made under a contract may be made out of bond proceeds, taxes, or any other money available for the payment.
(c)  If a contract provides for payment over a term of years, an eligible political subdivision may impose a tax in an amount necessary to:
(1)  create a sinking fund for the contract payments;  and
(2)  make the payments when due.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter C. Provisions for Political Subdivisions › Section 221.041. Application to Federal Agency

Sec. 221.041.  APPLICATION TO FEDERAL AGENCY.  On behalf of an eligible political subdivision that proposes to administer its own individual or general wetland regulation program, the governor may apply to the appropriate federal agency for program approval.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter C. Provisions for Political Subdivisions › Section 221.042. Compliance With Federal Program

Sec. 221.042.  COMPLIANCE WITH FEDERAL PROGRAM.  An eligible political subdivision authorized to implement a wetland mitigation program may comply with a program established by the federal government with respect to the implementation of a wetland regulation program or for the acquisition, ownership, or operation of a wetland mitigation bank.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter C. Provisions for Political Subdivisions › Section 221.043. County Approval of Political Subdivision Program

Sec. 221.043.  COUNTY APPROVAL OF POLITICAL SUBDIVISION PROGRAM.  An eligible political subdivision may not institute a wetland regulation program unless the commissioners court of each county in which the eligible political subdivision lies approves the program after conducting a public hearing.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter C. Provisions for Political Subdivisions › Section 221.044. Rules for Wetland Delineation

Sec. 221.044.  RULES FOR WETLAND DELINEATION.  (a)  An eligible political subdivision authorized to implement a wetland mitigation program may adopt and compile reasonably necessary rules.
(b)  An eligible political subdivision by rule may set standards for delineating land as wetland for purposes of:
(1)  this chapter;  or
(2)  a federal requirement.
(c)  A rule under Subsection (b) may be adopted after consultation with federal agencies, including the United States Fish and Wildlife Service, the United States Environmental Protection Agency, the United States Army Corps of Engineers, and the Soil Conservation Service of the United States Department of Agriculture.
(d)  A standard for delineating wetland must comply with federal requirements for delineating wetland.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter C. Provisions for Political Subdivisions › Section 221.045. Permit

Sec. 221.045.  PERMIT.  (a)  An eligible political subdivision authorized to implement a wetland mitigation program may issue a permit that incorporates, and assures compliance with, an applicable:
(1)  requirement of this chapter;  or
(2)  federal requirement.
(b)  A permit may be terminated or modified for cause, including:
(1)  violation of a permit condition;
(2)  obtaining a permit by misrepresentation or not fully disclosing all relevant facts;  or
(3)  a change in a condition that requires temporarily or permanently reducing or eliminating the permitted activity.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter C. Provisions for Political Subdivisions › Section 221.046. Mitigation Bank Financing

Sec. 221.046.  MITIGATION BANK FINANCING.  (a)  A mitigation project participant may issue a bond, note, or other obligation to acquire land for, to pay any part of the cost of, or to acquire, construct, improve, operate, or maintain a wetland mitigation bank.
(b)  The subdivision may issue a bond, note, or obligation:
(1)  in one or more series;  and
(2)  payable from and secured by:
(A)  a tax;
(B)  an assessment;
(C)  an impact fee;
(D)  revenue;
(E)  a grant or gift;
(F)  a lease or contract;  or
(G)  a combination of resources listed in Paragraphs (A)-(F).
(c)  In this section, "mitigation project participant" means an eligible political subdivision that seeks to:
(1)  implement a project the unavoidable result of which would adversely affect wetland;  and
(2)  compensate for the loss of wetland acreage or wetland habitat value through participation in a mitigation bank.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter C. Provisions for Political Subdivisions › Section 221.047. Bond Requirements

Sec. 221.047.  BOND REQUIREMENTS.  (a)  A bond issued under Section 221.046 is a negotiable instrument within the meaning and for purposes of the Business & Commerce Code.
(b)  The bond may be:
(1)  issued registrable as to principal or as to both principal and interest;  or
(2)  made redeemable before maturity.
(c)  The bond may be:
(1)  issued in the form, denominations, and manner and under the terms provided by the order or resolution authorizing the issuance of the bond;  and
(2)  sold in the manner, at the price, and under the terms provided by the order or resolution authorizing the issuance of the bond.
(d)  The bond shall:
(1)  be executed in accordance with the order or resolution authorizing the issuance of the bond;  and
(2)  bear interest at the rate provided by the order or resolution authorizing the issuance of the bond.
(e)  The bond may bear interest and may be issued in accordance with:
(1)  Chapters 1201, 1204, and 1371, Government Code;  or
(2)  Subchapters A-C, Chapter 1207, Government Code.
(f)  The bond may be additionally secured by a:
(1)  mortgage or deed of trust on real property that is related to the mitigation bank;  or
(2)  chattel mortgage, lien, or security interest on personal property appurtenant to that real property.
(g)  The eligible political subdivision may authorize the execution of a trust indenture, mortgage, deed of trust, or other encumbrance to evidence the indebtedness.
(h)  The eligible political subdivision may pledge to the payment of the bond any part of a grant, a donation, revenue, or income received or to be received from the United States or any other source.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.361, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 12 - Wetlands › Chapter 221 - Wetland Mitigation › Subchapter C. Provisions for Political Subdivisions › Section 221.048. Bond Proceeds

Sec. 221.048.  BOND PROCEEDS.  If the use authorized by the order or resolution authorizing the issuance of a bond under Section 221.046, the bond proceeds may be used to:
(1)  pay interest on the bond during or after the acquisition or construction of an improvement project financed by the bond issue;
(2)  pay administrative and operation expenses;
(3)  create a reserve fund for payment of the principal of and interest on the bonds;  or
(4)  create any other fund.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Occupations Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.001. Purpose of Code

Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code.  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions;  and
(4)  restating the law in modern American English to the greatest extent possible.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.002. Construction of Code

Sec. 1.002.  CONSTRUCTION OF CODE.  Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.003. Reference in Law to Statute Revised by Code

Sec. 1.003.  REFERENCE IN LAW TO STATUTE REVISED BY CODE.  A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 1 - General Provisions › Chapter 1 - General Provisions › Section 1.004. Preemption

Sec. 1.004.  PREEMPTION.  (a)  Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code.  An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.
(b)  Subsection (a) may not be construed to affect municipal or county authority to regulate a massage establishment in accordance with Section 455.005.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter A. General Provisions › Section 51.001. Definitions

Sec. 51.001.  DEFINITIONS.  In this chapter:
(1)  "Advisory board" means a board, committee, council, or other entity with multiple members that has as its primary function advising the commission or department.
(1-a)  "Commission" means the Texas Commission of Licensing and Regulation.
(2)  "Department" means the Texas Department of Licensing and Regulation.
(3)  "License" means a license, certificate, registration, title, or permit issued by the department.
(4)  "License holder" means a person who holds a license issued by the department.
(5)  "Respondent" means a person, regardless of whether the person is a license holder, who is charged with violating a law establishing a regulatory program administered by the department or a rule adopted or order issued by the commission or executive director.
(6)  "Sanction" means an action by the executive director against a license holder or another person, including the denial, suspension, or revocation of a license, the reprimand of a license holder, or the placement of a license holder on probation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 6, eff. June 14, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 669 (H.B. 2310), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter A. General Provisions › Section 51.002. Application of Sunset Act

Sec. 51.002.  APPLICATION OF SUNSET ACT.  The Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation are subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission and the department are abolished September 1, 2033.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 1.001, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 4.05, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 282 (H.B. 3078), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 1.03, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.01, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 1.04, eff. June 16, 2021.
Reenacted by Acts 2023, 88th Leg., R.S., Ch. 613 (H.B. 3743), Sec. 1, eff. September 1, 2023.
Reenacted by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 16.001, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter A. General Provisions › Section 51.003. Applicability

Sec. 51.003.  APPLICABILITY.  This chapter applies to each regulatory program administered by the department, including any program under which a license is issued by the department.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.002, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter B. Department and Commission › Section 51.051. Texas Department of Licensing and Regulation

Sec. 51.051.  TEXAS DEPARTMENT OF LICENSING AND REGULATION.  (a)  The Texas Department of Licensing and Regulation is the primary state agency responsible for the oversight of businesses, industries, general trades, and occupations that are regulated by the state and assigned to the department by the legislature.
(b)  The department is governed by the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 7, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter B. Department and Commission › Section 51.052. Appointment of Commission

Sec. 51.052.  APPOINTMENT OF COMMISSION.  (a)  The commission consists of seven members appointed by the governor with the advice and consent of the senate.
(b)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 1.003, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1170, Sec. 25.01, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.001(b), eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter B. Department and Commission › Section 51.053. Commission Membership; Eligibility

Sec. 51.053.  COMMISSION MEMBERSHIP;  ELIGIBILITY.  (a)  Each member of the commission must be a representative of the general public.
(b)  A person is not eligible for appointment as a member of the commission if the person or the person's spouse:
(1)  is regulated by the department;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving funds from the department;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the department;
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the department, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses;  or
(5)  is an employee of the department.
(c)  Notwithstanding any other law, a person may be a member of the commission if the person or the person's spouse is registered, certified, or licensed by a regulatory agency in the field of health care.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 8, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.004, 1.026, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.02, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter B. Department and Commission › Section 51.0535. Conflict of Interest

Sec. 51.0535.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the commission and may not be a department employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in a field regulated by the department;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in a field regulated by the department.
(c)  A person may not be a member of the commission or act as the general counsel to the commission or the department if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.005, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter B. Department and Commission › Section 51.054. Training

Sec. 51.054.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing department operations;
(2)  the programs, functions, rules, and budget of  the department;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)   the results of the most recent formal audit of the department;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the department shall create a training manual that includes the information required by Subsection (b). The executive director shall distribute a copy of the training manual annually to each member of the commission. Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 2003, 78th Leg., ch. 816, Sec. 1.006, eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.03, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter B. Department and Commission › Section 51.055. Terms; Vacancy

Sec. 51.055.  TERMS;  VACANCY.  (a)  Members of the commission serve staggered six-year terms.  The terms of two or three members expire on February 1 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 816, Sec. 1.007, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1170, Sec. 25.02, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.001, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter B. Department and Commission › Section 51.056. Presiding Officer

Sec. 51.056.  PRESIDING OFFICER.  (a)  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
(b)  The presiding officer may vote on all matters before the commission as provided by Robert's Rules of Order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 9, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.008, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter B. Department and Commission › Section 51.057. Grounds for Removal

Sec. 51.057.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the commission that a member:
(1)  does not have at the time of taking office the qualifications required by Section 51.053;
(2)  does not maintain during service on the commission the qualifications required by Section 51.053;
(3)  is ineligible for membership under Section 51.0535;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 10, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.009, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter B. Department and Commission › Section 51.058. Compensation; Reimbursement

Sec. 51.058.  COMPENSATION;  REIMBURSEMENT.  (a)  A commission member may not receive compensation for service on the commission.
(b)  A commission member is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a commission member, subject to any applicable limitation on reimbursement provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter B. Department and Commission › Section 51.059. Meetings

Sec. 51.059.  MEETINGS.  (a)  The commission shall meet at least once in each quarter of the fiscal year.
(b)  The commission may meet at other times at the call of the presiding officer or as provided by commission rules.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 11, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter B. Department and Commission › Section 51.060. Civil Liability

Sec. 51.060.  CIVIL LIABILITY.  A member of the commission is not liable in a civil action for an act performed in good faith while performing duties as a commission member.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter C. Executive Director and Other Department Personnel › Section 51.101. Executive Director

Sec. 51.101.  EXECUTIVE DIRECTOR.  The commission shall appoint the executive director of the department.  The executive director serves at the will of the commission.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 13, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter C. Executive Director and Other Department Personnel › Section 51.103. Executive Director Powers and Duties

Sec. 51.103.  EXECUTIVE DIRECTOR POWERS AND DUTIES.  (a)  The executive director shall:
(1)  perform any duties assigned by the commission and other duties specified by law;
(2)  administer and enforce the department's programs;  and
(3)  issue licenses authorized by the laws establishing programs regulated by the department.
(b)  The executive director may delegate any power or duty assigned to the executive director unless prohibited by statute or rule.
(c)  The executive director may:
(1)  impose sanctions and issue orders relating to a sanction as provided by Section 51.353;  and
(2)  assess an administrative penalty or issue an order relating to an administrative penalty as authorized by a law establishing a program regulated by the department or as provided by Sections 51.301 and 51.302.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 14, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter C. Executive Director and Other Department Personnel › Section 51.104. Personnel

Sec. 51.104.  PERSONNEL.  The executive director may employ persons to perform the department's work and may prescribe their duties and compensation, subject to the personnel policies adopted by the commission and the commission's approval of the budget.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 15, eff. June 14, 2001.
2023 Texas Statutes › Occupations Code › Title 2 - General Provisions Relating to Licensing › Chapter 51 - Texas Department of Licensing and Regulation › Subchapter C. Executive Director and Other Department Personnel › Section 51.105. Division of Responsibilities

Sec. 51.105.  DIVISION OF RESPONSIBILITIES.  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and the staff of the department.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 836, Sec. 16, eff. June 14, 2001;  Acts 2003, 78th Leg., ch. 816, Sec. 1.010, eff. Sept. 1, 2003.