reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 142 - Natural Energy and Water Resources Compact › Section 142.002. Appointment of Commissioners

Sec. 142.002.  APPOINTMENT OF COMMISSIONERS.  When the compact takes effect as provided in Article I, the governor, the lieutenant governor, and the speaker of the house of representatives shall each appoint a commissioner.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, Sec. 4, eff. June 13, 1979.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 142 - Natural Energy and Water Resources Compact › Section 142.003. Terms and Oath of Commissioners

Sec. 142.003.  TERMS AND OATH OF COMMISSIONERS.  (a)  Each commissioner serves a term of two years and until his successor is appointed and has qualified.
(b)  Each commissioner shall take the constitutional oath of office and shall also take an oath to faithfully perform his duties as commissioner.
(c)  If a vacancy occurs in the office of commissioner, the original appointing officer shall appoint a successor to serve for the unexpired portion of the term.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, Sec. 4, eff. June 13, 1979.
2023 Texas Statutes › Natural Resources Code › Title 5 - Geothermal Energy and Associated Resources › Chapter 142 - Natural Energy and Water Resources Compact › Section 142.004. Compensation

Sec. 142.004.  COMPENSATION.  Each commissioner is entitled to compensation and reimbursement for expenses as provided by legislative appropriation.
Added by Acts 1979, 66th Leg., p. 2001, ch. 785, Sec. 4, eff. June 13, 1979.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter A. Required Documentation for Purchase of Trees and Timber › Section 151.001. Required Bill of Sale

Sec. 151.001.  REQUIRED BILL OF SALE.  Before purchasing or accepting delivery of any trees, timber, logs, pulpwood, or in-woods chips, a seller shall provide and a purchaser shall require a bill of sale for the trees, timber, logs, pulpwood, or in-woods chips executed by the seller. The bill of sale may be a part of, a compilation of information taken from, or an addendum to, by way of example, a timber deed, scale ticket, weight ticket, cutting contract, harvest agreement, wood purchase agreement, or other records of the sale and purchase made at the time if all the information required by Section 151.002 is included.
Acts 1977, 65th Leg., p. 2645, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Renumbered from Sec. 151.041 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter A. Required Documentation for Purchase of Trees and Timber › Section 151.002. Information in Bill of Sale

Sec. 151.002.  INFORMATION IN BILL OF SALE.  (a)  The bill of sale, which may be filed of record in the appropriate real property records, shall at a minimum include:
(1)  the name of the:
(A)  owner of the land from which the trees, timber, logs, pulpwood, or in-woods chips were or are to be obtained;
(B)  seller, if the seller is not the owner of the land; and
(C)  purchaser;
(2)  the name of the county containing the tract of land from which the trees, timber, logs, pulpwood, or in-woods chips were or are to be obtained and:
(A)  a legal survey, abstract, and tract number of that tract of land; or
(B)  information from which the identity of that tract of land may be ascertained, including the property address or GPS coordinates;
(3)  a general description of the trees, timber, logs, pulpwood, or in-woods chips conveyed in the bill of sale; and
(4)  representations and a warranty from the seller that the seller is the lawful owner of all the trees, timber, logs, pulpwood, or in-woods chips conveyed in the bill of sale and that the trees, timber, logs, pulpwood, or in-woods chips are free and clear of all liens, security agreements, encumbrances, claims, demands, and charges.
(b)  The purchaser of trees, timber, logs, pulpwood, or in-woods chips conveyed in the bill of sale may, and is entitled to, rely on the information required to be provided by the seller to be incorporated into the bill of sale, as well as on the representations and warranty of the seller.
Acts 1977, 65th Leg., p. 2645, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Renumbered from Sec. 151.042 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 229 (H.B. 1772), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter A. Required Documentation for Purchase of Trees and Timber › Section 151.003. Retention of Bill of Sale

Sec. 151.003.  RETENTION OF BILL OF SALE.  A person that purchases trees, timber, logs, pulpwood, or in-woods chips shall retain the bill of sale for not less than five years following the later of the date of execution of the bill of sale or the expiration date referenced in the bill of sale.
Acts 1977, 65th Leg., p. 2645, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Renumbered from Sec. 151.043 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 229 (H.B. 1772), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter A. Required Documentation for Purchase of Trees and Timber › Section 151.0035. Documentation of Delivery Required for Certain Purchases

Sec. 151.0035.  DOCUMENTATION OF DELIVERY REQUIRED FOR CERTAIN PURCHASES.  (a)  A timber purchaser, as defined by Section 151.101, who purchases timber on a pay-per-unit sale shall provide documentation to the beneficiary described by Section 151.104 that proves delivery for any product delivered to a mill, wood yard, transfer yard, or storage yard.
(b)  Documentation required under Subsection (a) must:
(1)  include:
(A)  a description of the delivered product;
(B)  the name and location of the mill, wood yard, transfer yard, or storage yard to which the product was delivered;
(C)  the site identification number or scale ticket number for the delivered product;
(D)  the net weight of the delivered product;
(E)  the name of the person delivering the product; and
(F)  the name of the person or entity receiving payment for the product, if different from the person delivering the product; and
(2)  be provided on or before the 45th day after the date the product is delivered.
Added by Acts 2023, 88th Leg., R.S., Ch. 229 (H.B. 1772), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter A. Required Documentation for Purchase of Trees and Timber › Section 151.004. Notice Concerning Sale or Purchase of Trees or Timber

Sec. 151.004.  NOTICE CONCERNING SALE OR PURCHASE OF TREES OR TIMBER.  At each designated point of delivery for trees, timber, logs, pulpwood, or in-woods chips, a wood yard, transfer yard, mill site, or storage yard shall post the following written notice in lettering not less than one inch:
NOTICE CONCERNING SALE OR PURCHASE OF TREES OR TIMBER
1.  A seller or purchaser of trees, timber, logs, pulpwood, or in-woods chips who knowingly fails to provide, obtain, or retain a bill of sale as provided in Chapter 151, Natural Resources Code, is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500 for each offense.
2.  A person, firm, partnership, or corporation adjudged guilty of theft or fraud in connection with the sale or purchase of trees or timber will be punished as provided by the Penal Code.
3.  A timber purchaser who knowingly fails to provide documentation as required by Section 151.0035, Natural Resources Code, or a timber purchaser or person acting on behalf of a timber purchaser who knowingly provides false information in documentation required by that section will be punished as provided by Section 151.005, Natural Resources Code.
4.  The Texas A&M Forest Service Timber Theft Hotline is 1-800-364-3470.
Acts 1977, 65th Leg., p. 2645, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1989, 71st. Leg., ch. 1248, Sec. 85(5), eff. Sept. 1, 1989.  Renumbered from Sec. 151.044 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 229 (H.B. 1772), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter A. Required Documentation for Purchase of Trees and Timber › Section 151.006. Applicability

Sec. 151.006.  APPLICABILITY.  This subchapter does not apply to the sale of:
(1)  finished wood products;
(2)  logs or pulpwood from a wood yard, transfer yard, mill site, or storage yard;
(3)  trees from a nursery;  or
(4)  trees, logs, or pulpwood with a commercial value of less than $250.
Acts 1977, 65th Leg., p. 2646, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Renumbered from Sec. 151.046 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter A. Required Documentation for Purchase of Trees and Timber › Section 151.007. Penalties Cumulative

Sec. 151.007.  PENALTIES CUMULATIVE.  A penalty provided by this subchapter is in addition to a penalty provided under other law.
Added by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter A. Required Documentation for Purchase of Trees and Timber › Section 151.008. Civil Liability

Sec. 151.008.  CIVIL LIABILITY.  Nothing in this subchapter shall be construed to affect the liability under any other statute or under common law, provided that failure to comply with the provisions of this subchapter shall not, by itself, create civil liability.
Added by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter B. Unauthorized Harvesting of Timber › Section 151.051. Damages for Unauthorized Harvesting

Sec. 151.051.  DAMAGES FOR UNAUTHORIZED HARVESTING.  (a)  A person who harvests standing timber with knowledge that the harvesting is without the permission of the owner of the standing timber and a person who causes another person to harvest standing timber without the permission of the owner of the standing timber are jointly and severally liable to the owner for damages in an amount equal to the sum of the mill price of the timber harvested and all reasonable expenses incurred by the owner as a direct result of the unauthorized harvesting.
(b)  Payment of damages by a person under this section does not preclude a prosecution of the person under Section 151.005 or 151.052.
(c)  This section does not apply to the trimming or clearing of trees in the vicinity of a utility line or right-of-way.
Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 151.101 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 23 (H.B. 613), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter B. Unauthorized Harvesting of Timber › Section 151.052. Criminal Offense

Sec. 151.052.  CRIMINAL OFFENSE.  (a)  A person commits an offense if the person:
(1)  harvests standing timber with knowledge that the harvesting is without the permission of the owner of the standing timber; or
(2)  causes another person to harvest standing timber without the permission of the owner of the standing timber.
(b)  An offense under this section is:
(1)  a state jail felony if it is shown on the trial of the offense that the value of the timber harvested is at least $500 but less than $20,000;
(2)  a felony of the third degree if it is shown on the trial of the offense that the value of the timber harvested is at least $20,000 but less than $100,000;
(3)  a felony of the second degree if it is shown on the trial of the offense that the value of the timber harvested is at least $100,000 but less than $200,000; or
(4)  a felony of the first degree if it is shown on the trial of the offense that the value of the timber harvested is at least $200,000.
Added by Acts 2011, 82nd Leg., R.S., Ch. 23 (H.B. 613), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter C. Payment for Timber Purchased › Section 151.101. Definition

Sec. 151.101.  DEFINITION.  In this subchapter, "timber purchaser" means a person who purchases standing timber for harvest.
Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 151.151 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter C. Payment for Timber Purchased › Section 151.102. Money Collected for Timber as Trust Money

Sec. 151.102.  MONEY COLLECTED FOR TIMBER AS TRUST MONEY.  Money a timber purchaser collects for harvested timber is trust money.
Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 151.152 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter C. Payment for Timber Purchased › Section 151.103. Timber Purchaser as Trustee

Sec. 151.103.  TIMBER PURCHASER AS TRUSTEE.  A timber purchaser and each officer, director, partner, or agent of a timber purchaser are trustees of trust money.
Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 151.153 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter C. Payment for Timber Purchased › Section 151.104. Beneficiary of Trust

Sec. 151.104.  BENEFICIARY OF TRUST.  Each seller of standing timber is a beneficiary of trust money to the extent of the beneficiary's share of the purchase price for the timber.
Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 151.154 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter C. Payment for Timber Purchased › Section 151.105. Offense

Sec. 151.105.  OFFENSE.  (a)  A trustee commits an offense if the trustee, knowingly or with intent to defraud, directly or indirectly retains, uses, disperses, or otherwise diverts more than $500 of trust money without first fully paying all of the beneficiaries the purchase price for the timber.
(b)  A trustee acts with intent to defraud if the trustee retains, uses, disperses, or diverts trust money with the intent to deprive a beneficiary of trust money.
(c)  A trustee is presumed to have acted with intent to defraud if the trustee does not pay all of the beneficiaries the purchase price for the timber not later than the 45th day after the date the trustee collects money for the timber.
(d)  An offense under this section is:
(1)  a state jail felony if it is shown on the trial of the offense that the value of the timber sold is at least $500 but less than $20,000;
(2)  a felony of the third degree if it is shown on the trial of the offense that the value of the timber sold is at least $20,000 but less than $100,000;
(3)  a felony of the second degree if it is shown on the trial of the offense that the value of the timber sold is at least $100,000 but less than $200,000; or
(4)  a felony of the first degree if it is shown on the trial of the offense that the value of the timber sold is at least $200,000.
Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 151.155 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 22 (H.B. 612), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter C. Payment for Timber Purchased › Section 151.106. Defenses to Prosecution

Sec. 151.106.  DEFENSES TO PROSECUTION.  It is an affirmative defense to prosecution under this section that:
(1)  the trustee paid the beneficiaries all trust money to which the beneficiaries were entitled not later than the 15th day after the date written notice was given to the trustee at the trustee's most recent address known that a criminal complaint has been filed against the trustee or that a criminal investigation of the trustee is pending;  or
(2)  two or more persons claim to be beneficiaries of the same trust money, and the trustee has deposited the amount of the disputed trust money into the registry of the district court of the county in which the standing timber was located by action in interpleader or other appropriate legal proceeding for the benefit of persons the district court determines to be entitled to the trust money.
Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 151.156 by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 151 - Provisions Generally Applicable › Subchapter C. Payment for Timber Purchased › Section 151.107. Election of Offenses

Sec. 151.107.  ELECTION OF OFFENSES.  If conduct constituting an offense under Section 151.105 is an offense under another law of this state, the state may elect the offense for which it prosecutes the trustee.
Added by Acts 1997, 75th Leg., ch. 562, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 151.157 and amended by Acts 2001, 77th Leg., ch. 532, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter A. General Provisions › Section 152.001. Policy

Sec. 152.001.  POLICY.  It is the public policy of the State of Texas to mitigate and control pests threatening forest land in this state in order to protect associated ecological resources, enhance the health and maintenance of forests, promote stability of forest-using industries, ensure public safety, and conserve the ecosystem values of the forest.
Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter A. General Provisions › Section 152.002. Public Nuisance

Sec. 152.002.  PUBLIC NUISANCE.  Forest pests are declared to be a public nuisance.
Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter A. General Provisions › Section 152.003. Definitions

Sec. 152.003.  DEFINITIONS.  In this chapter:
(1)  "Service" means the Texas A&M Forest Service.
(2)  "Forest pests" means native insects and diseases, nonnative invasive insects and diseases, and noxious and invasive plants included on a list under Section 71.151, Agriculture Code, that are harmful, injurious, or destructive to forests or trees and whose damage, if uncontrolled, is of considerable economic and environmental importance.
(3)  "Forest land" means land with at least 10 percent cover by live trees of any size, including land that formerly had that amount of tree cover and will be naturally or artificially regenerated, but does not include land within the incorporated limits of a village, town, or city.
(4)  "Forest" means the standing trees on forest land.
(5)  "Control" means prevent, retard, suppress, eradicate, or destroy.
(6)  "Infestation" means actual infestation or infection at conditions beyond normal proportion causing loss to forests.
(7)  "Landowner" and "owner" mean a person who owns forest land or has forest land under the person's direction irrespective of ownership.
(8)  "Forest owner" means a person who owns the standing trees on forest land, either by a present right or by a future right under the terms of a valid existing contract.
(9)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 17, eff. September 1, 2017.
Acts 1977, 65th Leg., p. 2647, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 17, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.011. In General

Sec. 152.011.  IN GENERAL.  The Texas Forest Service shall administer the provisions of this chapter and make all relevant determinations.
Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.012. Surveys and Investigations

Sec. 152.012.  SURVEYS AND INVESTIGATIONS.  (a)  The service shall make surveys and investigations to determine the existence of infestations of forest pests and means practical for their control by landowners.
(b)  Duly delegated representatives of the service may enter private land and public land, including that held by the United States if permission is obtained, for the purpose of conducting surveys and investigations.
(c)  All the service's information shall be available to all interested landowners.
Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.013. Determination of Area Control Measures

Sec. 152.013.  DETERMINATION OF AREA CONTROL MEASURES.  If the service finds an infestation existent or threatened in the state, it shall determine:
(1)  when control measures are needed;
(2)  the nature of the control measures;
(3)  availability of control measures;  and
(4)  the techniques by which the control measures shall be applied.
Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.014. Notice of Finding of Infestation

Sec. 152.014.  NOTICE OF FINDING OF INFESTATION.  After determining that an infestation exists, the service shall give notice of the fact by:
(1)  placing a notice in a newspaper or newspapers in the county or counties in which any infested land is located, or, if there is no newspaper in the county, placing a notice in a newspaper or newspapers with general circulation in the county or counties in which any infested land is located, stating its findings and setting a time and place for a hearing on the need for the control of the pest, to be held not less than 10 days from the date of the notice;
(2)  mailing copies of the notice to owners of forest land known to the service to have holdings in the affected area;  and
(3)  arranging for publicity on the subject by all news media serving the affected area.
Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.015. Hearing

Sec. 152.015.  HEARING.  At the hearing, the agent of the service who presides shall:
(1)  describe the conditions that have been found;
(2)  explain the measures needed to control the pest infestation;
(3)  hear all suggestions and protests;  and
(4)  record the proceedings.
Acts 1977, 65th Leg., p. 2648, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.016. Procedures for Control

Sec. 152.016.  PROCEDURES FOR CONTROL.   As soon as practicable after the hearing, the service shall promulgate procedures to be followed for the control of the infestation and shall  publish a copy in a newspaper circulated in the affected area in the same manner as publication of preliminary notice.
Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.017. Specific Control Measures

Sec. 152.017.  SPECIFIC CONTROL MEASURES.  If the provisions of Sections 152.013 through 152.016 of this code have not been applied and control measures are needed to check the spread of the forest pests on forest land owned or controlled by any person, written notice, signed by a duly authorized representative of the service whose mailing address is shown on the notice, shall be given to the person owning or controlling the forest land.
Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.018. Notice to Specific Landowner

Sec. 152.018.  NOTICE TO SPECIFIC LANDOWNER.  (a)  The notice required by Section 152.017 shall inform the landowner of:
(1)  the facts found to exist;
(2)  the landowner's responsibilities for the control measures;
(3)  the control technique recommended;
(4)  the law under which control must be accomplished; and
(5)  the authority of the service in the event the landowner takes no action toward controlling the pest.
(b)  The notice may be given by:
(1)  personal delivery to the landowner or the person having control of the forest land;
(2)  registered or certified mail directed to the landowner or person having control of the forest land at that person's last known address; or
(3)  if the identity or address of the landowner or person having control of the forest land is unknown:
(A)  publication in one issue of a newspaper of general circulation in the county in which the land is located; or
(B)  posting notice on the county's Internet website or on a bulletin board at a place convenient to the public in the county courthouse for the county in which the land is located.
(c)  A published or posted notice under Subsection (b) must include the information specified in Subsection (a), state the name of the owner, if known, and briefly describe the land to which the notice applies.
(d)  No other notice is necessary under the provisions of this chapter.
Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.019. Notice to Forest Owner

Sec. 152.019.  NOTICE TO FOREST OWNER.  If the landowner has notified the service of a forest owner under Section 152.064, the service shall furnish the same information to the forest owner that it is required by this chapter to give to the landowner.
Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.020. Supervision

Sec. 152.020.  SUPERVISION.  (a)  A landowner shall inform the service of measures taken by the landowner to control the infestation and the results of those measures.
(b)  The service may change its prescribed procedures as conditions or new information may require.
(c)  On request, the service shall certify when all reasonably practicable measures to be done by the landowner, pursuant to its prescribed procedures, have been completed.
Acts 1977, 65th Leg., p. 2649, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.021. Control Measures Applied by Service

Sec. 152.021.  CONTROL MEASURES APPLIED BY SERVICE.  If the landowner or another person fails to apply the pest control measures prescribed by the service not later than the 10th day after the date notice is given under Section 152.014 or 152.018, the service may contact the landowner to offer further assistance or may enter the land and have the forest pests controlled.
Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.022. Expense of Control Measures Taken by Service

Sec. 152.022.  EXPENSE OF CONTROL MEASURES TAKEN BY SERVICE.  (a)  The landowner shall pay all charges and expenses of control measures taken by the service.
(b)  The service shall charge amounts consistent with current commercial rates for control measures taken by the service.
Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.023. Claim Against Landowner

Sec. 152.023.  CLAIM AGAINST LANDOWNER.  The amount charged for control measures taken by the service constitutes a legal claim against the landowner, but does not constitute a lien on any land owned by the landowner.
Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.024. Suit

Sec. 152.024.  SUIT.  The attorney general may bring suit on behalf of the service in the county in which the infestation occurred to recover the claim against the landowner, together with all costs incurred in the suit.
Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.025. Landowner Reimbursement

Sec. 152.025.  LANDOWNER REIMBURSEMENT.  (a)  If the landowner has notified the service of a forest owner under Section 152.064, the landowner is entitled to reasonable reimbursement from the forest owner for amounts:
(1)  spent by the landowner for pest control measures under Section 152.062; or
(2)  paid on a legal claim under Sections 152.022 through 152.024.
(b)  The amount of reimbursement paid by a forest owner under Subsection (a) shall be proportional to the interest owned in the forest by the forest owner.
Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter B. Powers and Duties of Texas A&m Forest Service › Section 152.026. Cooperative Agreements

Sec. 152.026.  COOPERATIVE AGREEMENTS.  The service may enter into cooperative agreements with private landowners or forest owners, the federal government, or other public or private agencies to accomplish the control of forest pests.
Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter C. Powers and Duties of the Landowner › Section 152.061. General Duty of Landowner

Sec. 152.061.  GENERAL DUTY OF LANDOWNER.  Each owner of forest land shall control the forest pests on land owned by the person or under the person's direction as provided in this chapter.
Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 12, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter C. Powers and Duties of the Landowner › Section 152.062. Duty to Apply Control Measures

Sec. 152.062.  DUTY TO APPLY CONTROL MEASURES.  Not later than the 10th day after the date notice is given under Section 152.014 or 152.018, each affected landowner shall commence diligently to take measures to control the infestation as prescribed and continue this activity with all practical expedition and efficiency under the direction of the service.
Acts 1977, 65th Leg., p. 2650, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter C. Powers and Duties of the Landowner › Section 152.063. Reports and Consultation With Service

Sec. 152.063.  REPORTS AND CONSULTATION WITH SERVICE.  (a)  The landowner shall notify the service of the landowner's actions and the result of those actions.
(b)  The landowner may report to and consult with a representative of the service as often as necessary.
Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 14, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter C. Powers and Duties of the Landowner › Section 152.064. Notifying Service of Forest Owner

Sec. 152.064.  NOTIFYING SERVICE OF FOREST OWNER.  If all or part of the standing trees are owned by someone other than the landowner, either by a present right or by a future right under the terms of a valid existing contract, the landowner shall notify the service of that fact and furnish the name and address of each forest owner not later than the 10th day after the date the landowner receives notice from the service under Section 152.014 or 152.018.
Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 15, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter D. Judicial Review › Section 152.101. Judicial Review of Service Notice

Sec. 152.101.  JUDICIAL REVIEW OF SERVICE NOTICE.  A landowner or person having control of forest land who is aggrieved by the notice given by the service is entitled to seek relief but only if the proceedings to obtain the relief are initiated within 10 days from the time notice is given, exclusive of the date the notice is given.
Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter D. Judicial Review › Section 152.102. Venue

Sec. 152.102.  VENUE.  The proceeding to obtain relief shall be in the district court of the county in which the land is located.
Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter D. Judicial Review › Section 152.103. Control Measures Pending Litigation

Sec. 152.103.  CONTROL MEASURES PENDING LITIGATION.  The service shall not proceed with any control measures while the litigation is pending unless permission to do so is given by the court on a showing of probable harm due to a delay in using the control measures.
Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter D. Judicial Review › Section 152.105. Injunctive Relief for Landowner

Sec. 152.105.  INJUNCTIVE RELIEF FOR LANDOWNER.  If the final judgment in an action seeking relief from a notice is in favor of the landowner, the landowner may be entitled to injunctive relief against the use of any control measures on the landowner's forest land by the service until a time determined by the court.
Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 859 (H.B. 2567), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 152 - Forest Pest Control › Subchapter D. Judicial Review › Section 152.106. Notice Final

Sec. 152.106.  NOTICE FINAL.  If the final judgment is against the landowner, or if the landowner fails to seek relief in the district court of the county in which the land is located, the notice from the service is final, and the service shall summarily take the measures necessary to control the infestation.
Acts 1977, 65th Leg., p. 2651, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter A. General Provisions › Section 153.001. Definitions

Sec. 153.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Prescribed Burning Board.
(2)  "Department" means the Department of Agriculture.
(3)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 6, eff. September 1, 2019.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.01, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 169 (H.B. 2119), Sec. 3, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter A. General Provisions › Section 153.002. Landowner's Right to Conduct Burns Not Limited

Sec. 153.002.  LANDOWNER'S RIGHT TO CONDUCT BURNS NOT LIMITED.  This chapter does not limit a landowner's right to conduct burns on the landowner's property.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter A. General Provisions › Section 153.003. Liability

Sec. 153.003.  LIABILITY.  This chapter does not modify a landowner's liability for property damage, personal injury, or death resulting from a burn that is not conducted as provided by this chapter.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter A. General Provisions › Section 153.004. Prescribed Burning in State of Emergency or Disaster

Sec. 153.004.  PRESCRIBED BURNING IN STATE OF EMERGENCY OR DISASTER.  A certified and insured prescribed burn manager may conduct a burn in a county in which a state of emergency or state of disaster has been declared by the governor or the president of the United States, unless the declaration expressly prohibits all outdoor burning.
Added by Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.02, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 169 (H.B. 2119), Sec. 4, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter B. Prescribed Burning Board › Section 153.041. Establishment

Sec. 153.041.  ESTABLISHMENT.  (a)  The Prescribed Burning Board is established within the department and is composed of:
(1)  an employee of the Texas Forest Service designated by the director of the Texas Forest Service;
(2)  an employee of the Parks and Wildlife Department appointed by the executive director of the Parks and Wildlife Department;
(3)  an employee of the Texas Commission on Environmental Quality appointed by the executive director of the Texas Commission on Environmental Quality;
(4)  an employee of the Texas AgriLife Extension Service appointed by the executive director of the Texas AgriLife Extension Service;
(5)  an employee of Texas AgriLife Research appointed by the director of Texas AgriLife Research;
(6)  an employee of the Texas Tech University Range and Wildlife Department appointed by the dean of the Texas Tech University College of Agricultural Sciences and Natural Resources;
(7)  an employee of the department appointed by the commissioner of agriculture;
(8)  an employee of the State Soil and Water Conservation Board appointed by the executive director of the State Soil and Water Conservation Board; and
(9)  five persons who are:
(A)  owners of agricultural land, as that term is defined by Section 153.081;
(B)  self-employed or employed by a person other than a governmental entity; and
(C)  appointed by the commissioner of agriculture.
(b)  A member serves for a two-year term.
(c)  The board shall, by majority vote, elect a presiding officer from the members of the board.
(d)  Appointments to the board shall be made without regard to the race, creed, sex, disability, age, religion, or national origin of the appointees.
(e)  It is a ground for removal from the board that a member:
(1)  does not have at the time of appointment the qualifications required by Subsection (a) for appointment to the board;
(2)  does not maintain during the service on the board the qualifications required by Subsection (a) for appointment to the board;
(3)  cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed;  or
(4)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.
(f)  The validity of an action of the board is not affected by the fact that it was taken when a ground for removal of a member of the board existed.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.03, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter B. Prescribed Burning Board › Section 153.042. Information Relating to Standards of Conduct

Sec. 153.042.  INFORMATION RELATING TO STANDARDS OF CONDUCT.  The presiding officer of the board or the presiding officer's designee shall provide to members of the board, as often as necessary, information regarding their qualification for office under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter B. Prescribed Burning Board › Section 153.043. Member Training

Sec. 153.043.  MEMBER TRAINING.  (a)  A person appointed to the board is not eligible for membership on the board unless the person completes at least one training program that complies with this section.
(b)  The training program must provide information to the member regarding:
(1)  this chapter;
(2)  the programs operated by the board;
(3)  the role and functions of the board;
(4)  the requirements of Chapters 551, 552, and 2001, Government Code;
(5)  the requirements of the conflict of interest laws and other laws relating to public officials;  and
(6)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement for travel expenses incurred in attending the training program as provided by the General Appropriations Act as if the person were a member of the board.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter B. Prescribed Burning Board › Section 153.044. Sunset Provision

Sec. 153.044.  SUNSET PROVISION.  The Prescribed Burning Board is subject to Chapter 325, Government Code (Texas Sunset Act).  The board shall be reviewed during the period in which the Department of Agriculture is reviewed.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 2.04, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 3.05, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 2.04, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.04, eff. September 1, 2009.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter B. Prescribed Burning Board › Section 153.045. Advisory Board

Sec. 153.045.  ADVISORY BOARD.  (a)  The board shall establish an advisory board of members of the public, including individuals representing:
(1)  property owners;
(2)  agriculture, forestry, and livestock producers;
(3)  conservation interests;
(4)  environmental interests;  and
(5)  insurance interests.
(b)  The board shall determine the number of persons and manner of selection of the advisory board.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Natural Resources Code › Title 6 - Timber › Chapter 153 - Prescribed Burning › Subchapter B. Prescribed Burning Board › Section 153.046. Duties

Sec. 153.046.  DUTIES.  The board by rule shall establish:
(1)  standards for prescribed burning;
(2)  a comprehensive training curriculum for certified and insured prescribed burn managers;
(3)  standards for certification, recertification, and training for certified and insured prescribed burn managers;
(4)  minimum education and professional requirements for instructors for the approved curriculum; and
(5)  insurance requirements for certified and insured prescribed burn managers in amounts not less than those required by Section 153.082.
Added by Acts 1999, 76th Leg., ch. 1432, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 2.05, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 565 (S.B. 702), Sec. 1, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 169 (H.B. 2119), Sec. 5, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1096 (H.B. 2053), Sec. 2, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 848 (S.B. 703), Sec. 37, eff. September 1, 2021.