reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter C - LABELING › Section 65.31 - Net Weight

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Net weight may
				  be determined and reported from data obtained:
(1) by scales for packaged, bulk, dry, and
				  liquid;
(2) by calculation from
				  volume and specific gravity/density for bulk liquids only.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter D - INSPECTION FEES › Section 65.41 - Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) Any change regarding inspection fees may
				  be assessed preceding any quarter of the year.
(b) If the inspection fee is reduced or
				  increased, the registrants and other affected persons will be notified 30 days
				  prior to the effective date of the change.
(c) The flat rate inspection fee, provided
				  for in the Act, §63.071(c), shall apply to those registered products
				  packaged only in containers of five pounds or less. It shall not apply to
				  products distributed both in containers of five pounds or less and larger
				  container sizes.
(d) Tonnage
				  inspection fees shall be assessed on the basis of the avoirdupois system of
				  2,000 pounds per ton.
(e) Tonnage
				  inspection fees shall be assessed on "as distributed basis."
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter D - INSPECTION FEES › Section 65.42 - Statistical and Tonnage Reporting and Inspection Fees

Current through
				  Reg. 49, No. 28; July 12, 2024
(a) The sales of commercial fertilizers
				  designed for general purpose on-the-farm use shall be reported as follows.
(1) If more than one registrant is involved
				  in the distribution of a commercial fertilizer, the registrant who distributes
				  the fertilizer to a non-registrant shall submit all quarterly tonnage fees
				  required by the Act, §63.072. Registrants who are consumers shall submit
				  all quarterly tonnage reports and remit all tonnage fees required by the Act,
				  §63.072.
(2) Such
				  registrant(s) shall further submit a quarterly statistical tonnage report which
				  shall list the total fertilizer tonnage distributed in the state during the
				  preceding quarter by county, grade, and type (e.g., bulk, liquid, or packaged).
				  The quarterly statistical tonnage report shall be submitted on forms prescribed
				  by the service or on forms containing commensurate information organized in a
				  manner convenient and useful to the service.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter E - INSPECTION, SAMPLING, AND ANALYSIS › Section 65.51 - Sampling and Analytical Procedures

Current through Reg. 49, No. 28;
				  July 12, 2024
(a) The
				  Service hereby adopts by reference the most recent edition of the
Official Methods of Analysis of the AOAC International
as
				  delineating the sampling and analytical procedures to be applied in the
				  administration of the Act and this title.
(b) The Service may substitute alternate
				  methods for any AOAC sampling or analytical procedure if it deems the alternate
				  procedure more appropriate to the circumstance and sampling and there is
				  scientific data or reasoning to support the substitution.
(c) Copies of sampling or analytical
				  procedures can be obtained by writing to Office of the Texas State Chemist,
				  P.O. Box 3160, College Station, Texas 77841 or by writing to AOAC
				  International, 481 North Frederick Avenue, Suite 500, Gaithersburg, Maryland
				  20877.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter E - INSPECTION, SAMPLING, AND ANALYSIS › Section 65.52 - Investigational Allowances

Current through Reg. 49, No. 28; July 12,
				  2024
The service hereby adopts by reference the investigational
					 allowances appearing in the latest official publication of the Association of
					 American Plant Food Control Officials to be applied in the administration of
					 the Act and this title. Information on location and cost of the official
					 publication is available from the Office of the Texas State Chemist or the
					 Association of American Plant Food Control Officials.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 3 - TEXAS FEED AND FERTILIZER CONTROL SERVICE/OFFICE OF THE TEXAS STATE CHEMIST › Chapter 65 - COMMERCIAL FERTILIZER RULES › Subchapter F - ADMINISTRATIVE HEARINGS › Section 65.91 - Cost of Preparing Agency Record

Current through Reg. 49, No.
				  28; July 12, 2024
(a)
				  The Service requires that a party who appeals a final decision in a contested
				  case pay all of the costs associated with preparation of the original or
				  certified copy of the record of the agency's proceedings that is required to be
				  sent to the reviewing court.
(b) A
				  charge imposed under subsection (a) of this section is a court cost and shall
				  be assessed by the court in accordance with the Texas Rules of Civil
				  Procedure.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 4 - OFFICE OF THE CHIEF APIARY INSPECTOR › Chapter 71 - BEES › Subchapter A - GENERAL PROVISIONS › Section 71.1 - Definitions

Current through Reg. 49, No. 28; July 12,
				  2024
The following words and terms, when used in this title,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Act--Texas Bee Law,
				  Texas Agricultural Code, Chapter 131, (1981), as amended.
(2) Apiary--A place where colonies of bees or
				  nuclei of bees are kept.
(3)
				  Bee--Any stage of the common honeybee, Apis mellifera species.
(4) Beekeeper-- a person who owns, leases,
				  possesses, controls, or manages one or more colonies of bees for any personal
				  or commercial purpose.
(5) Chief
				  Apiary Inspector--The Chief Apiary Inspector, formerly known as State
				  Entomologist, appointed by the director or his designee.
(6) Colony--A distinguishable localized
				  population of bees in which one or more life stages may be present.
(7) Director--The director of Texas A&M
				  AgriLife Research, formerly known as the Texas Agricultural Experiment
				  Station.
(8) Disease--American
				  foulbrood, European foulbrood, or any other contagious or infectious disease of
				  bees, or parasite or pest that affects bees or brood.
(9) Equipment--Hives, supers, frames, veils,
				  gloves, tools, machines, including bee removal vacuums, or other devices for
				  the handling and manipulation of bees, honey, pollen, wax, or hives, including
				  storage or transporting containers for pollen, honey, or wax, or other apiary
				  supplies used in the operation of an apiary or honey house.
(10) Governing board--The Board of Regents of
				  the Texas A&M University System.
(11) Hive--A box or other shelter containing
				  a colony of bees.
(12) Honey--The
				  nectar of plants that has been transferred by, and is the natural product of,
				  bees and that is in the comb or has been taken from the comb and is packaged in
				  a liquid, crystallized, or granular form.
(13) Nucleus--A small mass of bees and combs
				  used in forming a new colony.
(14)
				  Package bees--Live bees in cages without comb.
(15) Person--Any individual, partnership,
				  corporation, association, governmental subdivision, or public or private
				  organization of any character.
(16)
				  Pollen--Dust-like grains formed in the anthers of flowering plants in which the
				  male elements or sperm are produced.
(17) Queen apiary--An apiary in which queen
				  bees are reared or kept for sale, barter, or exchange.
(18) Reportable Diseases--A disease that
				  presents a significant threat to the population of honeybees and that has been
				  designated by the Chief Apiary Inspector as a disease or pest that must be
				  reported under §131.025. The Chief Apiary Inspector shall publish a list
				  of reportable diseases.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 4 - OFFICE OF THE CHIEF APIARY INSPECTOR › Chapter 71 - BEES › Subchapter A - GENERAL PROVISIONS › Section 71.9 - Permits for Shipment

Current through Reg. 49, No. 28; July 12,
				  2024
Permits authorizing a shipment or shipments of bees or
					 equipment into or out of Texas may be issued as provided in §131.041 of
					 the Act. An affidavit provided under subsection (e)(1) of that section shall be
					 filed with the office of the Chief Apiary Inspector and shall be valid only for
					 a period of one year from the date of filing.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 4 - OFFICE OF THE CHIEF APIARY INSPECTOR › Chapter 71 - BEES › Subchapter A - GENERAL PROVISIONS › Section 71.10 - Inspection and Certification

Current through Reg. 49, No. 28;
				  July 12, 2024
(a)
				  Inspections may be requested at any point during the year. An inspection may be
				  requested in accordance to §131.044(a) or via telephone at (979)
				  845-9713.
(b) Certificates of
				  inspection are valid for one year from the inspection date.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 4 - OFFICE OF THE CHIEF APIARY INSPECTOR › Chapter 71 - BEES › Subchapter B - DISEASE CONTROL › Section 71.11 - Apiary Quarantine

Current through Reg. 49, No. 28; July 12,
				  2024
(a) All apiaries
				  wherein a reportable disease is known to exist may be quarantined by the Chief
				  Apiary Inspector.
(b) A quarantine
				  of an apiary by the Chief Apiary Inspector shall be established by:
(1) notifying the person having custody or
				  control of the apiary of the presence of the reportable disease; or
(2) placing quarantine signs on the location
				  quarantined.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 4 - OFFICE OF THE CHIEF APIARY INSPECTOR › Chapter 71 - BEES › Subchapter B - DISEASE CONTROL › Section 71.12 - Area Quarantine

Current through Reg. 49, No. 28; July 12,
				  2024
If the Chief Apiary Inspector determines that the public
					 welfare requires the establishment of a quarantine, the inspector may declare a
					 protective quarantine of a district, county, precinct, or other defined area as
					 provided in the §131.022 of the Act.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 4 - OFFICE OF THE CHIEF APIARY INSPECTOR › Chapter 71 - BEES › Subchapter C - PERMITS AND REGISTRATION › Section 71.22 - Payment of Fees

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Payment of fees
				  may be made electronically or by check or money order. All checks or money
				  orders remitted for the payment of any fees specified in Subchapter C of the
				  Act, shall be made payable to the "Texas Apiary Inspection Service." Fees shall
				  be collected in the same manner that other fees of the Texas A&M AgriLife
				  Research agency are collected.
(b)
				  In the event of delinquent payment for such fees, the Chief Apiary Inspector
				  may:
(1) sue to collect the delinquent
				  fee;
(2) revoke or rescind the
				  permit or registration; and/or
(3)
				  require a $10 penalty for delinquent payment from the registrant or
				  permitee.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 4 - OFFICE OF THE CHIEF APIARY INSPECTOR › Chapter 71 - BEES › Subchapter C - PERMITS AND REGISTRATION › Section 71.24 - Beekeeper Registration

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Each beekeeper
				  in this state may register on an annual basis with the chief apiary inspector.
				  Registration under this section expires August 31 following the date the
				  registration is issued.
(b) A
				  registration must include:
(1) information
				  required by the chief apiary inspector; and
(2) the county or counties in which the
				  beekeeper operates.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 4 - OFFICE OF THE CHIEF APIARY INSPECTOR › Chapter 71 - BEES › Subchapter D - QUARANTINES › Section 71.51 - Complaints and Notification

Current through Reg. 49, No. 28;
				  July 12, 2024
(a)
				  Beekeepers or other persons with a knowledge of or a formal complaint
				  concerning the disease status of an apiary or relating to apiary equipment may
				  notify: the Chief Apiary Inspector, Entomology Department, 2475 TAMU, Texas
				  A&M University, College Station, TX 77843-2475, (979) 845-9713,
				  TAIS@TAMU.EDU.
(b) Complaints or
				  notification should be submitted in writing and include the following
				  information, to the extent it is known:
(1)
				  name of beekeeper, person, or firm;
(2) address and phone number;
(3) location or site where the problem or
				  receipt of diseased bees was noted;
(4) other information or evidence, as may be
				  helpful to the Texas Apiary Inspection Service in identifying and resolving a
				  complaint.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 4 - OFFICE OF THE CHIEF APIARY INSPECTOR › Chapter 71 - BEES › Subchapter D - QUARANTINES › Section 71.53 - Public Testimony

Current through Reg. 49, No. 28; July 12,
				  2024
(a) Persons
				  interested in commenting or reviewing action or activities of the Texas Apiary
				  Inspection Service are requested to notify the Texas Apiary Inspection Service.
				  Interested parties will be notified when meetings are scheduled or may request
				  to meet with the Chief Apiary Inspector.
(b) The Texas Apiary Inspection Service will
				  notify the president of the Texas Beekeepers Association at least three working
				  days prior to a public meeting. Other organizations interested in honey bees
				  may contact the Texas Apiary Inspection Service in writing, requesting advance
				  meeting notification.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 9 - TEXAS A&M VETERINARY MEDICAL DIAGNOSTIC LABORATORY › Chapter 162 - PULLORUM DISEASE AND FOWL TYPHOID PROGRAM › Section 162.1 - Applicability and Scope

Current through Reg. 49, No. 28; July 12,
				2024
These rules shall apply to all firms or persons producing
				  hatching eggs, or hatching, selling, or exhibiting domesticated poultry within
				  the State of Texas.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 9 - TEXAS A&M VETERINARY MEDICAL DIAGNOSTIC LABORATORY › Chapter 162 - PULLORUM DISEASE AND FOWL TYPHOID PROGRAM › Section 162.2 - Definitions and Terms

Current through Reg. 49, No. 28; July 12,
				2024
The following words and terms, when used in this section,
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Dealer--A firm or
				person other than a flockowner or hatchery who offers poultry or hatching eggs
				for sale or trade.
(2) Flock--
(A) all the poultry and eggs under the same
				ownership or management on any given premise or on adjacent premises;
				and
(B) all poultry under the
				control or ownership of a dealer.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 9 - TEXAS A&M VETERINARY MEDICAL DIAGNOSTIC LABORATORY › Chapter 162 - PULLORUM DISEASE AND FOWL TYPHOID PROGRAM › Section 162.4 - Submission of Positives to a Recognized Laboratory and Restrictions on Sale and Movement Pending Laboratory Testing

Current through Reg. 49,
				No. 28; July 12, 2024
(a) Each flockowner or dealer of poultry
				indicating a positive test result in tests conducted by a testing agent shall
				submit such birds from the flock to a recognized laboratory for confirmation.
				If laboratory examination fails to reveal Salmonella pullorum or Salmonella
				gallinarum organisms, the flock shall be considered negative. If a flockowner
				or dealer of poultry refuses to pen and/or present poultry for field testing by
				a testing agent, or if a field test indicates a positive result and a
				flockowner or dealer of poultry fails to submit such poultry to a recognized
				laboratory for confirmation, or if a flockowner or dealer offers for sale
				poultry lacking a pullorum-typhoid status equivalent to that specified by the
				National Poultry Improvement Plan of the United States Department of
				Agriculture, Animal and Plant Health Inspection Service, TVMDL may designate
				the entire flock an infected flock.
(b) The number of poultry to be submitted for
				laboratory confirmation of serologic tests shall be all reactor birds up to
				five or as otherwise determined by TVMDL or its representative.
(c) The TVMDL may order any flockowner or
				dealer who has refused to pen or present poultry for field testing by a testing
				agent, or who has offered for sale poultry lacking a pullorum-typhoid status
				equivalent to that specified by the National Poultry Improvement Plan of the
				United States Department of Agriculture, Animal and Plant Health Inspection
				Service, or who fails to submit to a recognized laboratory for confirmation
				poultry which has indicated a positive test result in a field test, to refrain
				from selling, trading, or moving his flock or hatching eggs without receiving
				prior written permission from the Texas Animal Health Commission or TVMDL. Such
				order shall remain in effect until the flock has been determined by field or
				laboratory examination to be free of Salmonella pullorum or Salmonella
				gallinarum organisms, or in cases where such organisms are present, until the
				Texas Animal Health Commission has imposed a quarantine or otherwise acted to
				restrict the movement of birds or eggs to prevent the further spread of the
				infection.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 9 - TEXAS A&M VETERINARY MEDICAL DIAGNOSTIC LABORATORY › Chapter 162 - PULLORUM DISEASE AND FOWL TYPHOID PROGRAM › Section 162.5 - Procedures for Handling Infected Flocks and Their Products

Current
				through Reg. 49, No. 28; July 12, 2024
(a) Any infected flock shall be reported to
				the Texas Animal Health Commission, who will impose a quarantine or otherwise
				restrict the movement of birds or eggs to prevent further spread of the
				infection. An infected flock may be disposed of in one of the following
				manners.
(1) Birds reacting to the
				pullorum-typhoid test may be removed from the flock and all remaining birds in
				the flock serologically tested. If, as a result of two consecutive negative
				flock tests, the first not less than 21 days later, the flock shall be
				considered to have a pullorum-typhoid status at least equivalent to that
				specified by the National Poultry Plan. The flock must not be treated with
				antibiotics or other drugs that may mask the presence of the disease.
(2) The flock may be moved to a state or
				federally inspected poultry processing establishment accompanied by a written
				certificate issued by the Texas Animal Health Commission or its
				representative.
(3) The flock may
				be depopulated without recompense to the owner under supervision of the Texas
				Animal Health Commission and/or Texas Veterinary Medical Diagnostic Laboratory
				(TVMDL).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 9 - TEXAS A&M VETERINARY MEDICAL DIAGNOSTIC LABORATORY › Chapter 162 - PULLORUM DISEASE AND FOWL TYPHOID PROGRAM › Section 162.6 - Cleaning and Disinfecting

Current through Reg. 49, No. 28; July 12,
				2024
Premises found to have housed, incubated, brooded, or ranged
				  an infected flock shall be cleansed and disinfected under the supervision of
				  Texas Veterinary Medical Diagnostic Laboratory (TVMDL) personnel within 15 days
				  following depopulation, unless an extension of time is granted. No infected
				  premises shall be restocked with poultry or eggs for hatching purposes until
				  the above cleaning and disinfecting requirement is certified complete by
				  TVMDL.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 9 - TEXAS A&M VETERINARY MEDICAL DIAGNOSTIC LABORATORY › Chapter 162 - PULLORUM DISEASE AND FOWL TYPHOID PROGRAM › Section 162.7 - Texas Pullorum-Typhoid Certified Flock and Approved Hatchery Classification

Current through Reg. 49, No. 28; July
				12, 2024
A flock classification of "Texas pullorum-typhoid certified"
				  is established to recognize and identify those flocks that are free of pullorum
				  disease and fowl typhoid.
(1) A flock
				of poultry may attain this status by meeting the requirements of one of three
				alternatives. The alternatives are the following.
(A) A flock may attain this status when each
				chicken or turkey breeder flock 16 weeks of age or older and other poultry
				approaching sexual maturity, and before eggs are hatching, has been tested by
				an approved serological testing procedure, conducted by authorized Texas
				Veterinary Medical Diagnostic Laboratory (TVMDL) personnel, with no positive
				reactors.
(B) A flock may attain
				this status when it is a flock originating from Texas pullorum-typhoid
				certified flocks, United States pullorum-typhoid clean, or the equivalent to
				that specified by the National Poultry Improvement Plan by one of the methods
				described in §
										RSA 162.3
				of this title (relating to Methods of Compliance).
(C) A flock found to be infected with
				pullorum disease may attain this status by two consecutive negative tests not
				less than 21 days apart provided that all eligible poultry on the premises have
				been included in such tests. These flocks must be retested one year from the
				date of their last negative test (100% test).
Texas Administrative Code › Title 4 - AGRICULTURE › Part 9 - TEXAS A&M VETERINARY MEDICAL DIAGNOSTIC LABORATORY › Chapter 162 - PULLORUM DISEASE AND FOWL TYPHOID PROGRAM › Section 162.8 - Exhibition of Poultry

Current through Reg. 49, No. 28; July 12,
				2024
All poultry going to public exhibition must originate from
				  pullorum-typhoid clean sources and must be accompanied by a certificate of
				  source or purchase. Poultry going to exhibition which are not accompanied by a
				  certificate of source or purchase will be declared an infected flock by the
				  Texas Veterinary Medical Diagnostic Laboratory (TVMDL). Organizers and sponsors
				  of public exhibition are required to bar from exhibition any poultry not
				  accompanied by a certificate of source or purchase.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 9 - TEXAS A&M VETERINARY MEDICAL DIAGNOSTIC LABORATORY › Chapter 162 - PULLORUM DISEASE AND FOWL TYPHOID PROGRAM › Section 162.9 - Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) All hatcheries must register and submit
				the following information to the Pullorum-Typhoid Program, Texas Veterinary
				Medical Diagnostic Laboratory, Drawer 3040, College Station, Texas 77841-3040:
(1) hatchery name, address, capacity, and
				type of poultry hatched;
(2) name
				and address of each supplier of hatching eggs and location of breeder
				flocks.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 9 - TEXAS A&M VETERINARY MEDICAL DIAGNOSTIC LABORATORY › Chapter 162 - PULLORUM DISEASE AND FOWL TYPHOID PROGRAM › Section 162.10 - Public Sales

Current through Reg. 49, No. 28; July 12,
				2024
All poultry offered for public sale or trade at markets such
				  as trade days, flea markets, auctions, or any other public sale must originate
				  from pullorum-typhoid clean flocks or hatcheries. The seller must furnish proof
				  of the source of poultry or hatching eggs offered for public sale. The owner or
				  management of any market or public sale shall prevent the sale, trade, or offer
				  for sale of any bird that is not properly qualified under the Texas
				  Pullorum-Typhoid Program. Failure to enforce this requirement may result in the
				  issuing of an order prohibiting any further sale of poultry on the grounds. All
				  birds from states other than Texas must be accompanied by a health certificate
				  from the state of origin, including a negative pullorum-typhoid test within 30
				  days of the sale. All poultry not properly identified and qualified as
				  pullorum-typhoid clean is prohibited from sale and must be returned to the
				  owner or dealer's premises.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 215 - FOREST ZONE DETERMINATION PROCEDURE › Section 215.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) AMZ--Aesthetic
				management zone, a timber land on which timber harvesting is restricted for
				aesthetic or conservation purposes, including:
(A) maintaining standing timber adjacent to
				public rights-of-way, including highways, roads and public use areas such as
				public park, school, lake, cemetery, church, also referred to as "AMZ-public
				rights-of-way"; and
(B) preserving
				an area in a forest, as defined by Natural Resources Code, §
										RSA
				152.003, that is designated by the director
				of the Texas A&M Forest Service as special or unique because of the area's
				natural beauty, topography, or historical significance, also referred to as
				"AMZ-special or unique area".
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 215 - FOREST ZONE DETERMINATION PROCEDURE › Section 215.5 - The Criteria for Determining Aesthetic Management Zone upon Request from a Chief Appraiser or Taxing Unit

Current through Reg. 49, No.
				28; July 12, 2024
(a)
				The criteria that Texas A&M Forest Service uses in determining AMZ-public
				rights-of-way upon request from a chief appraiser or taxing unit is set out as
				follows.
(1) AMZ must be a band of standing
				trees at least 10 years old or 35 feet tall.
(2) The width of the AMZ must be at least 100
				feet but within 200 feet in width from the edge of the public
				rights-of-way.
(3) A management
				plan must be provided that addresses harvest restriction to ensure the
				continued aesthetic value of the zone. The landowner must comply with the parts
				of the management plan that relates to the zone in order to qualify the land as
				AMZ-public rights-of-way.
(4)
				Harvesting is restricted to the extent that an average 50 square feet per acre
				of residual basal area must be retained in trees evenly distributed within
				AMZ.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 215 - FOREST ZONE DETERMINATION PROCEDURE › Section 215.9 - The Criteria for Determining Critical Wildlife Habitat Zone upon Request from a Chief Appraiser or Taxing Unit

Current through Reg.
				49, No. 28; July 12, 2024
The criteria that the Texas A&M Forest Service uses in
				  determining CWHZ upon request from a chief appraiser or taxing unit is set out
				  as follows.
(1) The presence of
				qualified endangered or threatened animal or plant, as defined in paragraph (2)
				of this section, in the zone and the existence of a plan to protect it must be
				evidenced by a memorandum of understanding, conservation agreements, or other
				documentation pertaining to the protection of such animal or plant life with a
				federal, state, or private organization with recognized responsibility for
				protecting this species.
(2) The
				animal or plant is listed as endangered or threatened under the Endangered
				Species Act of 1973 (
				RSA
				1531 et seq.) and its subsequent amendments,
				or as endangered under Parks and Wildlife Code, §
									RSA
				68.002, including:
(A) bald eagle--Haliaeetus
				leucocephalus
(B) red-cockaded
				woodpecker--Picoides borealis
(C)
				Houston toad--Bufo houstonensis
(D)
				Texas trailing phlox--Phlox nivalis ssp. Texensis
(E) white bladderpod--Lesquerella
				pallida
(F) Navasota
				ladies'-tresses--Spiranthes parksii
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 215 - FOREST ZONE DETERMINATION PROCEDURE › Section 215.13 - The Criteria for Determining Streamside Management Zones upon Request from a Chief Appraiser or Taxing Unit

Current through Reg. 49, No.
				28; July 12, 2024
The criteria that the Texas A&M Forest Service uses in
				  determining SMZ upon request from a chief appraiser or taxing unit is set out
				  as follows.
(1) SMZ includes forested
				buffers adjacent to streams or bodies of water, including intermittent and
				perennial streams, river, lake, slough, pond, creek, reservoir, watershed, or
				wetland (ephemeral streams are excluded).
(2) The minimum width of an SMZ on each side
				and above the head of streams or adjacent to bodies of water should be 50 feet
				from each bank (however, with sufficient evidence shown, the width can be
				extended to no more than 200 feet depending on the slope, soil, cover type, and
				proximity to municipal water supply).
(3) Total SMZ width includes average stream
				channel width plus buffer width.
(4) If the SMZ's boundaries are not
				self-evident (e.g., clear-cut and young plantation may indicate a self-evident
				boundary) and not at a uniform width, the boundaries must be marked with paint
				or signs. Boundary marks can be no further than 100 feet apart.
(5) Newly established SMZ's must have trees
				average 10 years of age or more with a minimum of 300 well-spaced trees per
				acre, or an average 50 square feet per acre of basal area in trees evenly
				distributed within the zone.
(6) A
				management plan must be provided addressing best management practices for the
				SMZ consistent with the management plan for the silvicultural nonpoint source
				pollution management program developed by the Texas State Soil and Water
				Conservation Board. These guidelines are available from the Texas A&M
				Forest Service or Texas Forestry Association. The plan must address harvest
				restrictions, as prescribed in paragraph (7) of this subsection. The landowner
				must comply with the parts of the management plan that relates to the zone in
				order to qualify the land as a SMZ.
(7) Harvesting is restricted to the extent
				that a minimum of 50 square feet per acre, on average, of residual basal area
				should be retained in trees evenly distributed within SMZ.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 215 - FOREST ZONE DETERMINATION PROCEDURE › Section 215.21 - Director's Action

Current through Reg. 49, No. 28; July 12,
				2024
(a) Director's
				action on request from the chief appraiser.
(1) The director shall make the determination
				based on the written information or evidence submitted by the chief appraiser,
				the applicant, and taxing unit(s). The determination letter, as prescribed in
				Figure: 4 TAC §
										RSA
				215.21(a)(1), shall include
				the following information:
Attached
				  Graphic
(A) whether the
				land is located in a zone;
(B) the
				type of zone in which the land is located, if any;
(C) the number of acres included in the zone,
				if any; and
(D) the location of the
				zone.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 215 - FOREST ZONE DETERMINATION PROCEDURE › Section 215.25 - The Recognized Date of Filing, Notices, and Delivery of Information

Current through Reg. 49, No. 28; July 12, 2024
(a) A document may be filed or delivered in
				person, by certified mail with return receipt requested, or courier delivery.
(1) In-person or hand delivery. The filing or
				delivery time for a document delivered by this method is the date shown on a
				receipt which is signed and dated by the receiving party acknowledging personal
				delivery. The sending and receiving party each shall keep a copy of the signed
				and dated receipt.
(2) Certified
				mail. The filing or delivery time for a document delivered by this method is
				the postmark shown on the receipt.
(3) Courier delivery. The filing or delivery
				time for a document delivered by this method is the postmark shown on the
				courier receipt.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 215 - FOREST ZONE DETERMINATION PROCEDURE › Section 215.35 - Application for Designation of Timberland as AMZ-Special or Unique Area

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Tax Code, §
									RSA
				23.9801(B), to qualify as
				AMZ-special or unique area, timberland must be designated by the Texas A&M
				Forest Service based on the area's natural beauty, topography, or historical
				significance.
(b) To apply for such
				a designation, the applicant must complete and deliver the application form to
				the Texas A&M Forest Service . The application must contain adequate
				information to determine eligibility. Such information includes :
Attached
				  Graphic
(1) the applicant's
				information, including name, address, and phone number;
(2) size of proposed designated
				area;
(3) location of proposed
				designated site;
(4)
				historical/archeological site recording with the Texas Archeological Research
				Laboratory , the University of Texas at Austin;
(5) a description of the significance of
				features that warrant a designation;
(6) a management plan that meet harvesting
				restriction requirement as defined in Section
				RSA
				215.5(b)(4) of this title
				(relating to the Criteria for Determining AMZ upon Request from a Chief
				Appraiser or Taxing Unit); and
(7)
				any other information or evidence necessary to support the
				application.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 216 - RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM › Section 216.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12,
				2024
(a) Purpose. This
				chapter establishes procedures for the administration of the Rural Volunteer
				Fire Department Assistance Program as authorized by §
									614.106 of the Texas
				Government Code.
(b) Scope.
(1) This chapter shall govern the agency's
				award of available grant funds to eligible fire department
				recipients.
(2) This chapter shall
				not be construed to enlarge, diminish, modify, or otherwise alter the
				jurisdiction, powers, or authority of the Texas A&M Forest Service, or the
				substantive rights of any person.
(3) To the extent any provision of this
				chapter is in conflict with any statute, the statute shall control.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 216 - RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM › Section 216.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms, when used in this chapter, shall have
				  the following meanings unless the context or specific language of a section
				  clearly indicates otherwise.
(1)
				Agency--The Texas A&M Forest Service, a member of The Texas A&M
				University System and an agency of the State of Texas.
(2) Recognized Fire Department--A fire
				department chartered by the Texas Secretary of State as a not-for-profit entity
				or a fire department operating under a local government entity.
(3) Part-Paid Fire Department--Defined in
				§
									614.101(5)
				of the Texas Government Code.
(4)
				Program--The Rural Volunteer Fire Department Assistance Program, Texas
				Government Code, Chapter 614, Subchapter G.
(5) TIFMAS Grants--Grants for firefighter
				training and equipment for fire departments not eligible for VFD Assistance
				grants.
(6) VFD Assistance
				Grants--Grants for firefighter training and equipment for volunteer fire
				departments (VFDs).
(7) Volunteer
				Fire Department--Defined in §
									614.101(6)
				of the Texas Government Code.
(8)
				Operating--A recognized fire department providing fire protection to a
				designated primary protection area as assigned by the county.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 216 - RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM › Section 216.3 - Fire Department Eligibility

Current through Reg. 49, No.
				28; July 12, 2024
The following eligibility criteria must be met for a fire
				  department to receive a grant under the program.
(1) TIFMAS Grants.
(A) The fire department must be in one of the
				eligible categories listed in §
										RSA
				614.105(c) of the Texas
				Government Code.
(B) The fire
				department must be located in and operate in Texas.
(C) The fire department must be in good
				standing with the State of Texas and the agency.
(D) The fire department must not be eligible
				to receive VFD Assistance Grants.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 216 - RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM › Section 216.4 - Application Requirements

Current through Reg. 49, No. 28; July 12,
				2024
The following requirements must be met before the agency will
				  consider an application under the program.
(1) TIFMAS Grants.
(A) Applications for assistance must be for
				equipment or training that complies with agency-published standards,
				specifications, and limitations.
(B) All applications for assistance must be
				submitted on the required grant application form published by the agency or on
				the agency's online application system.
(C) Applications must be complete, and all
				required information must be provided to the agency by the published due date.
				Incomplete applications are not considered.
(D) An applicant must provide any
				supplemental information requested by the agency on or before the requested due
				date. An application is not complete until the requested information is
				received by the agency.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 216 - RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM › Section 216.5 - Award Criteria

Current through Reg. 49, No. 28; July 12,
				2024
The following criteria are used by the agency to determine
				  eligibility for grant awards.
(1)
				TIFMAS Grants.
(A) When determining
				eligibility for a part-paid fire department, a part-time paid position is
				counted as one-half of a full-time paid position.
(B) Applications for assistance for trucks
				and other equipment are rated based upon a standardized numeric system that
				considers the following factors: total number of TIFMAS qualified personnel,
				past statewide deployments, department reporting to TXFIRS and Fire Connect,
				and number of firefighters holding Strike Team Engine (STEN), Engine Boss
				(ENGB), and Firefighter Type 1/Incident Commander Type 5 (FF1/ICT5)
				qualifications.
(C) The agency may
				limit the maximum amount of grant funds a fire department can receive per year
				to ensure a wider distribution of the funds.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 216 - RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM › Section 216.7 - Requirements of Grant Recipients

Current through Reg. 49, No. 28; July
				12, 2024
(a) TIFMAS
				Grants.
(1) Recipients of TIFMAS truck grants
				must commit resources to respond to TIFMAS requests. Formalization of this
				commitment is contained in the grant award document.
(2) All other grant awards are paid on a
				reimbursement basis to the grant recipient. Documentation supporting allowable
				expenses is required prior to payment.
(3) Grant recipients must meet the matching
				requirements published and identified in grant award letters.
(4) Equipment acquired by recipients of
				equipment grants must meet the agency's published standards and
				specifications.
(5) Recipients of
				training grants are required to take agency-approved courses in order to be
				eligible for payment.
(6) Equipment
				purchased is subject to agency inspection prior to grant payment.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 216 - RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM › Section 216.8 - Failure to Comply with Grant Requirements

Current through Reg.
				49, No. 28; July 12, 2024
(a) TIFMAS Grants.
(1) Failure to respond to TIFMAS requests may
				result in the agency's removing the TIFMAS truck from the recipient fire
				department and assigning it to another fire department.
(2) Failure to provide the necessary
				documentation to support payment of other grant awards within the specified
				grant period will result in cancellation of the award. Extensions must be
				requested by the fire department and approved in writing by the
				agency.
(3) Failure to comply with
				grant requirements may result in ineligibility for future grants.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 12 - TEXAS A&M FOREST SERVICE › Chapter 216 - RURAL VOLUNTEER FIRE DEPARTMENT ASSISTANCE PROGRAM › Section 216.9 - Program Forms and Procedures

Current through Reg. 49, No. 28; July
				12, 2024
Application forms and procedures are published on the
				  agency's website or on the agency's online application
				  system.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 225 - GENERAL PROVISIONS › Section 225.1 - Definitions

Current through Reg. 49, No. 28; July 12,
				2024
The following words and terms, when used in Title 4, Part 13
				  of the Texas Administrative Code, shall have the following meanings, unless the
				  context clearly indicates otherwise.
(1) Board--Prescribed Burning
				Board.
(2) Burn Boss--Individual
				responsible for the direct application of prescribed fire to a burn unit as
				detailed in a written prescribed burn plan.
(3) Certified and Insured Prescribed Burn
				Manager--A person with ultimate authority, and responsibility for a prescribed
				burn, and liability insurance coverage as required by §
									227.1 of this title (relating to
				Minimum Insurance Requirements), who has been certified by the Board.
(4) CFT--Continuing Fire Training.
(5) Department--The Texas Department of
				Agriculture.
(6) Governmental
				Unit--A state agency, local government, or an entity acting on behalf of a
				state agency or institution or local government, as defined by §
									2259.001 of the Texas
				Government Code.
(7) Lead Burn
				Instructor--An individual who provides leadership and coordination in the
				conduct of a board-approved certified and insured prescribed burn manager
				course and has authority to select all instructors.
(8) Local Government--A municipality or other
				political subdivision of this state or a combination of political subdivisions,
				including a combination created under Chapter
				791 of the Texas
				Government Code.
(9) NWCG--National
				Wildfire Coordinating Group.
(10)
				Prescribed Burning--The controlled application of fire to fuels under specified
				environmental conditions in accordance with a written prescribed burn
				plan.
(11) Prescribed Burning
				Organization--An entity established for the purpose of promoting the use of
				prescribed burning as a tool for land management, including an entity
				established to represent interests of persons involved in land conservation
				and/or land management.
(12)
				Sponsor--An entity approved to conduct continuing training activities used to
				meet continuing fire training requirements.
(13) Structures containing sensitive
				receptors--A man-made structure utilized for human residence or business, the
				containment of livestock, or the housing of sensitive live vegetation. The term
				"man-made structure" does not include such things as range fences, roads,
				bridges, hunting blinds or facilities used solely for the storage of hay or
				other livestock feeds. The term "sensitive live vegetation" is defined as
				vegetation which has potential to be damaged by smoke and heat, examples of
				which include, but are not limited to: nursery production, mushroom
				cultivation, pharmaceutical plant production, or laboratory experiments
				involving plants.
(14) TFS--Texas
				A&M Forest Service.
(15)
				TCEQ--Texas Commission on Environmental Quality.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 225 - GENERAL PROVISIONS › Section 225.2 - Categories of Certification

Current through Reg. 49, No. 28; July 12,
				2024
Certified and insured prescribed burn managers may be
				  certified in one of the following categories:
(1) Commercial Certified and Insured
				Prescribed Burn Manager. A commercial certified and insured prescribed burn
				manager may conduct prescribed burns for hire on any property allowed by his or
				her certification, including that of his or her employer.
(2) Private Certified and Insured Prescribed
				Burn Manager. A private certified and insured prescribed burn manager conducts
				prescribed burns on property owned by, leased by, or occupied by the private
				certified and insured prescribed burn manager or that person's employer. An
				employee qualifies as a private certified and insured prescribed burn manager
				if he or she is employed to perform duties related to the operation and
				conducts prescribed burning activities but does not provide the necessary
				equipment.
(3) Not-for-Profit
				Certified and Insured Prescribed Burn Manager. A not-for-profit certified and
				insured prescribed burn manager conducts prescribed burns on property owned or
				leased by a prescribed burning organization or on property owned or leased by a
				person who is a member of a prescribed burning organization. For purposes of
				this section, a prescribed burning organization must be an association,
				cooperative, or organization legally formed and authorized under Texas law, or
				a domestic entity legally formed under the Texas Business Organizations Code,
				and must:
(A) hold a certificate of account
				status from the Texas Comptroller of Public Accounts reflecting that the
				association, cooperative, organization, or domestic entity is current in paying
				all franchise taxes due under Texas law, or provide appropriate documentation,
				issued by the Texas Comptroller of Public Accounts, or in a form approved by
				the Board, that the association, cooperative, organization, or domestic entity
				is exempt from the payment of franchise taxes under Texas law;
(B) have its registered office and principal
				place of business in the State of Texas; and
(C) provide, as one of the primary purposes
				of the organization, education and training to its members or shareholders
				regarding the safe and effective use of prescribed burning within the State of
				Texas as an agricultural, ranching, and land management practice, or provide
				education and other resources to its member or shareholders regarding land
				conservation and management.
Texas Administrative Code › Title 4 - AGRICULTURE › Part 13 - PRESCRIBED BURNING BOARD › Chapter 225 - GENERAL PROVISIONS › Section 225.3 - Minimum Standards for Prescribed Burning

Current through Reg. 49, No. 28; July 12,
				2024
The prescribed burning standards established by the Board
				  represent the minimum requirements for conducting prescribed burning in the
				  state of Texas as a certified and insured prescribed burn manager. These
				  standards are established to ensure that every reasonable precaution is taken
				  to prevent prescribed burns from escaping the perimeter of the burn area and to
				  minimize the effects of smoke emissions as outlined in the written prescribed
				  burn plan. The standards do not, and are not intended to, preempt or supersede
				  requirements established by state, federal, or private natural resource
				  management organizations, but rather, are intended to serve as a baseline for
				  effectively planning and conducting prescribed burns as a certified and insured
				  prescribed burn manager.