reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.83 - Procedures for Acceptance of Donations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Donation agreement. The donor and the executive administrator shall execute a
				  donation agreement which includes the following information:
(1) a description of the donation, including
				  a determination of the value;
(2) a
				  statement by the donor attesting to its ownership rights in the
				  property;
(3) the signature of the
				  donor if the donor is an individual or its official representative if the donor
				  is a business organization;
(4) the
				  signature of the executive administrator;
(5) any conditions restricting the use of the
				  donation;
(6) the mailing address
				  of the donor and principal place of business if the donor is a business
				  entity;
(7) a statement identifying
				  any official relationship between the donor and the board; and
(8) a statement advising the donor to seek
				  legal and/or tax advice from its own legal counsel.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.84 - Donations from Persons Appearing before the Board

Current through Reg. 49, No. 28; July 12, 2024
The board will adhere to all policies relating to the
					 acceptance of gifts from persons appearing before the board as adopted by the
					 Texas Ethics Commission and the ethics policy of the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.85 - Acceptance of Gifts

Current through Reg. 49, No. 28; July 12, 2024
(a) All gifts made
				  to the board shall be accepted by the executive administrator.
(b) A majority of the board shall acknowledge
				  acceptance of gifts of $500 or more in an open meeting within 90 days of the
				  date the gift is accepted. The minutes of the board shall reflect the name of
				  the person or entity making the gift, a description of the gift, and a
				  statement of the purpose of the gift.
(c) All gifts will be accepted on behalf of
				  the board. No officers or employees of the board can accept gifts in their
				  individual capacities or receive a personal benefit from gifts.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.87 - Standard of Conduct between the Board and Donors

Current through Reg. 49, No. 28; July 12, 2024
Any person or entity seeking to contract with the board on
					 a competitive basis or otherwise shall disclose all previous donations
					 occurring within the preceding two years to the board or any other state
					 agency. The disclosure shall include the following information:
(1) the nature and value of the donation;
				  and
(2) the date the donation was
				  made and the recipient. If the donation is ongoing, the last date that the
				  donation was available to the agency shall be used to determine the date of the
				  donation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.88 - Standard of Conduct between Board Officers and Employees and Donors

Current through Reg. 49, No. 28; July 12, 2024
(a) An officer or employee shall not accept
				  or solicit any gift, favor, or service from a donor that might reasonably tend
				  to influence his or her official conduct or that the officer or employee knows
				  is being offered with the intent to influence official conduct.
(b) An officer or employee shall not accept
				  employment or engage in any business or professional activity with a donor
				  which the officer or employee might reasonably expect would require or induce
				  disclosure of confidential information acquired by reason of his or her
				  position.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.89 - Cooperation with Private Organizations

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may cooperate with support
				  organizations. Support organizations are private organizations that are
				  designed to further the purposes and duties of the board. Any organization
				  wishing to establish a relationship with the board as a support organization
				  must submit copies of its charter and bylaws or other organizational documents
				  to the executive administrator for review.
(b) The board will maintain a list of support
				  organizations with which it cooperates.
(c) If funds are received by the board from a
				  support organization, the organization and the board shall maintain current,
				  accurate and complete records and accounts in accordance with generally
				  accepted accounting principles. All funds received by the support organization
				  to further the purposes and duties of the board shall be properly invested and
				  administered for the benefit of the board in a manner that furthers such
				  purposes. The board may require periodic financial reports, an annual audit
				  prepared by a certified public accountant, and a final accounting of all funds
				  received by the support organization.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.90 - Designation of Agency Liaison

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator may designate an officer or
					 employee of the board to serve as the board's liaison with support
					 organizations.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.91 - Compensation from Support Organizations

Current through Reg. 49, No. 28; July 12, 2024
An officer or employee who is designated by the executive
					 administrator and serves as an agency liaison shall receive no compensation
					 from the support organization for such service.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.92 - Use of Personnel, Equipment, or Property

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator may authorize reasonable use of
					 board personnel, equipment, or property by a support organization, provided
					 such usage is commensurate with the benefits received or to be received by the
					 board in furtherance of its purposes, duties, and programs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.93 - Service as Officer or Director

Current through Reg. 49, No. 28; July 12, 2024
Board personnel may not serve in the capacity as officer or
					 director of a support organization or donor.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.94 - Conflict

Current through Reg. 49, No. 28; July 12, 2024
Nothing herein shall supersede any rule or statute
					 regulating the conduct of an employee of a state agency or the procedures of a
					 state agency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter G - TEXAS NATURAL RESOURCES INFORMATION SYSTEM (TNRIS) › Section 353.100 - Partnerships with Value-Added Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive administrator shall
				  identify value-added services that relate to the goals and responsibilities of
				  the Texas Natural Resources Information System (TNRIS). For those services
				  identified, the executive administrator may enter partnerships with service
				  providers to post their contact information on the TNRIS web site.
(b) Entities that provide services identified
				  by the executive administrator shall request the partnership in writing. The
				  written request shall include:
(1) the name
				  and address of the entity and a contact person;
(2) the services performed by the
				  entity;
(3) the number of years the
				  entity has performed those services; and
(4) the internet address the entity would
				  like the board to use as a hyperlink.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter G - TEXAS NATURAL RESOURCES INFORMATION SYSTEM (TNRIS) › Section 353.101 - Other Partnerships

Current through Reg. 49, No. 28; July 12, 2024
The board may authorize the executive administrator to
					 enter other partnerships, on behalf of TNRIS in order to:
(1) accept gifts and grants for TNRIS through
				  a nonprofit corporation. The acceptance of any gift or grant will be in
				  compliance with Subchapter F of this chapter, (relating to The Relationship
				  Between the Board and Donors); and
(2) accept volunteer labor.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter G - TEXAS NATURAL RESOURCES INFORMATION SYSTEM (TNRIS) › Section 353.102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms have the following meanings
					 when used in this chapter, unless the context clearly indicates
					 otherwise.
(1) Geographic information
				  system (GIS)--A system of computer hardware, software and procedures used to
				  store, analyze and display geographic data and related tabular data in a
				  geographic context to solve complex planning and management problems in a wide
				  variety of applications.
(2)
				  Geographic dataset--Digital data which illustrate and describe some
				  characteristic of the earth's surface or a region near the earth's surface. A
				  geographic dataset employs a defined, earth-based coordinate system which
				  allows its use in a geographic information system. For the purposes of this
				  rule, geospatial has the same meaning as geographic.
(3) Geographic dataset
				  enhancement--Substantial alteration of a geographic dataset which increases its
				  usefulness through the addition or modification of attribute (tabular) data
				  fields, improvements in spatial accuracy, or extension of geographic
				  coverage.
(4) Geospatial
				  metadata--A description of the characteristics of a geographic dataset recorded
				  in a standard format. Characteristics include data content, quality, purpose,
				  condition, format, spatial coordinate system, availability, etc. The Federal
				  Geographic Data Committee has defined a formal content standard for digital
				  geospatial metadata for use by federal agencies.
(5) GIS map product--A geographic representation, in paper or
				  electronic format, displaying features from one or more geographic datasets.
				  Small scale images that are clearly intended only for graphic illustration
				  within a larger publication are not considered to be GIS map
				  products.
(6) High priority imagery
				  and datasets (HPIDS)--HPIDS are geographic datasets identified by the state
				  Geographic Information Officer as high priority for acquisition or enhancement,
				  developed or acquired by state agencies, and intended for sharing and
				  integration into a single statewide compilation.
(7) State Agency--A department, commission, board, office,
				  council, authority, or other agency, other than an institution of higher
				  education, in the executive or judicial branch of state government, that is
				  created by the constitution or a statute of this state.
(8) State Geographic Information Officer
				  (GIO)--The official coordinating, establishing, supporting, and monitoring
				  geographic information technology in Texas pursuant to Water Code §
										16.021(c).
				  The GIO serves as director of the Texas Natural Resources Information System
				  (TNRIS) within the Texas Water Development Board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter G - TEXAS NATURAL RESOURCES INFORMATION SYSTEM (TNRIS) › Section 353.103 - State Agency Geographic Information Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  All users and developers of geographic datasets and geographic information
				  systems in state agencies must comply with the technical standards specified in
				  this section. Activities conducted by a registered professional land surveyor
				  while engaged in the practice of professional surveying, as defined in the
				  Professional Land Surveying Practices Act (Texas Occupations Code, Chapter 1071
				  ) are exempt from these standards.
(b) Implementation guidance. Pursuant to
				  Water Code §
										16.021(c),
				  the GIO provides guidance to the Executive Administrator of the Texas Water
				  Development Board and to the Department of Information Resources (the
				  department). The guidance provided by the GIO to the department relates to
				  technology standards developed by the department for geographic datasets
				  pursuant to Water Code §
										16.021(e)(4).
(c) Geographic Information Standards.
(1) Geographic dataset acquisition and
				  development.
(A) Standard. An agency planning
				  to acquire, develop, or enhance a geographic dataset that may correspond to an
				  HPIDS dataset shall coordinate such activity with the GIO to determine
				  potential use of the HPIDS master contract.
(B) Procurement of public domain geographic
				  datasets. An agency that procures a copy of a federal or other public domain
				  geographic dataset shall make the dataset available to the Texas Natural
				  Resources Information System (TNRIS). TNRIS will make these datasets available
				  to other agencies, institutions of higher education, and to the
				  public.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter H - COLLECTING DELINQUENT OBLIGATIONS › Section 353.120 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Attorney
				  General--The Office of the Attorney General, acting through the Bankruptcy and
				  Collections Division of the agency.
(2) Board--The Texas Water Development
				  Board.
(3) Debt--The dollar amount
				  of all delinquent monetary obligations claimed by the board to be owed,
				  regardless of any legal disability or defense of the debtor.
(4) Debtor--Any person or entity liable or
				  potentially liable for an obligation owed to the Texas Water Development Board
				  or against whom a claim or demand for payment has been made by the Texas Water
				  Development Board.
(5)
				  Delinquent--Payment is past due, by law or by customary business practice, and
				  all conditions precedent to payment have occurred or been performed.
(6) Executive administrator--The executive
				  administrator of the Texas Water Development Board or the executive
				  administrator's designated representative.
(7) Judgment--A valid and subsisting judgment
				  of a court of law that is not on appeal, nor void or stale.
(8) Make demand--To deliver or cause to be
				  delivered by United States mail, first class, a writing setting forth the
				  nature and amount of the obligation owed to the Texas Water Development Board.
				  A writing making demand is a "demand letter."
(9) Obligation--A debt, judgment, claim,
				  account, fee, fine, tax, penalty, interest, loan, charge, or grant.
(10) Security--Any right to have property
				  owed by an entity with an obligation to a state agency sold or forfeited in
				  satisfaction of the obligation; and any instrument granting a cause of action
				  in favor of the Texas Water Development Board against another entity and/or
				  that entity's property, such as a bond, letter of credit, or other collateral
				  that has been pledged to the agency to secure an obligation.
(11) Uncollectible--As it refers to
				  delinquent obligations, means that circumstances indicate a permanent inability
				  of a debtor to make payments towards the obligation; the debtor has been
				  legally relieved of the obligation; or the debt is legally unenforceable. Such
				  circumstances include, but are not limited to, bankruptcy discharge, the death
				  of the debtor, the revocation of a charter of a debtor corporation without
				  assets, etc.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter H - COLLECTING DELINQUENT OBLIGATIONS › Section 353.121 - Procedures For Establishing A Delinquent Obligation

Current through Reg. 49, No. 28; July 12, 2024
(a) In every fiduciary or trust relationship
				  between the board as principal and a debtor as trustee, or in any transaction
				  that could result in a debtor owing the board an obligation, the board shall
				  collect and maintain an accurate physical address and telephone number for the
				  person or entity. A post office box address will only be accepted in addition
				  to the physical address or when it is impractical to obtain the physical
				  address.
(b) Before an obligation
				  is treated as delinquent, it must be examined by the board's general counsel or
				  designated attorney to determine liability of each person responsible for the
				  obligation and whether the liability is under statute or common law.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter I - ETHICS AND CONFLICTS OF INTEREST › Section 353.130 - Financial Analysts and Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Financial analysts and service providers
				  described by Government Code §
										2263.004
				  should avoid:
(1) any relationship with any
				  party to a transaction with the board or authority, other than a relationship
				  necessary to the investment or funds management services that the financial
				  advisor or service provider performs for the board or authority, if a
				  reasonable person could expect the relationship to diminish the financial
				  advisor's or service provider's independence of judgment in the performance of
				  the person's responsibilities to the board or authority; and
(2) any direct or indirect pecuniary interest
				  in any party to a transaction with the board or authority, if the transaction
				  is connected with any financial advice or service the financial advisor or
				  service provider provides to the board or authority or to a member of the board
				  in connection with the management or investment of state funds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter J - ENHANCED CONTRACT MONITORING › Section 353.140 - Enhanced Contract Monitoring Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with Government Code §§
										2261.253(c)
				  and
				  2261.256, contract
				  managers will perform risk analyses for goods and services contracts to
				  determine whether enhanced contract and performance monitoring is necessary.
				  The following attributes will be considered, as applicable:
(1) risk of fraud, waste, or abuse;
(2) cost, duration, and scope of the
				  contract;
(3) responsibilities and
				  accountability of agency and vendor staff;
(4) vendor experience and past
				  performance;
(5) data security
				  protocols; and
(6) legislative or
				  statutory requirements, potential impact on agency operations or programs, and
				  external stakeholder impacts.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 354 - MEMORANDA OF UNDERSTANDING › Section 354.5 - Letter of Agreement Between Texas Water Development Board and Texas Commission on Environmental Quality

Current through Reg. 49, No. 28; July 12, 2024
(a)
				INTRODUCTION
(1) The Texas Water Development
				Board (TWDB) provides financial assistance for the construction, acquisition,
				or improvement of water supply projects, and therefore performs engineering
				reviews and analyses of water supply projects constructed with state or federal
				funds administered by the TWDB. The Texas Commission on Environmental Quality
				(Commission) through its regulatory authority conducts a similar review and
				analyses of the water supply projects financed by the TWDB.
(2) Since September 21, 1992, the TWDB and
				the Commission have coordinated the reviews related to the design criteria for
				public water systems and wastewater facility construction in a Letter of
				Agreement (LOA or Agreement). The LOA was last revised June 20, 2001 to reflect
				changes in statute related to the review of wastewater facilities. This
				Agreement is implemented to replace all prior and existing LOAs in effect with
				the Commission and its predecessor agencies, and to accurately reflect the
				current interaction between the TWDB and the Commission during the coordinated
				review of water supply projects seeking financing from the TWDB.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 354 - MEMORANDA OF UNDERSTANDING › Section 354.6 - Memorandum of Understanding Between the Texas Water Development Board and the Texas Commission on Environmental Quality Related to Expedited Permit Review for Interregional Water Supply Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) This Memorandum
				of Understanding ("Agreement") is between the Texas Water Development Board
				("TWDB") and the Texas Commission on Environmental Quality ("TCEQ"), each an
				agency of the State of Texas.
(b)
				Whereas, the TWDB provides financial assistance for the construction,
				acquisition, or improvements of water supply projects, including through the
				State Participation Program,
(c)
				Whereas, the TCEQ conducts reviews and issues permits for certain aspects of
				the construction, acquisitions, or improvements for water supply
				projects,
(d) Whereas, the 86th
				Legislature, R.S. passed and the governor signed House Bill 1052, which was
				effective September 1, 2019,
(e)
				Whereas, House Bill 1052 added certain interregional water supply projects as
				projects eligible for State Participation funding from the TWDB,
(f) Whereas, House Bill 1052 required the
				TWDB and TCEQ to enter into a memorandum of understanding for the expedited
				approval of permits for such interregional water supply projects funded by TWDB
				through the State Participation Program,
(g) Now, therefore, in consideration of the
				benefits to the State of Texas, the TWDB and TCEQ hereby agree as follows:
(1) The TCEQ will, to the extent allowed by
				law, provide expedited review of permit applications for interregional water
				supply projects as provided by Texas Water Code, Section
				16.145.
(2) The TWDB will, to the extent allowed by
				law, provide information to the TCEQ related to interregional water supply
				projects identified under Texas Water Code, Section
				16.145 to ensure that
				TCEQ's review of permit applications associated with such projects can be
				conducted on an expedited basis.
(3) General conditions:
(A) This Agreement may be amended by mutual
				agreement of the TWDB and TCEQ in accordance with applicable law.
(B) This Agreement may be terminated by
				either party upon written notice to the other party and in accordance with
				applicable law.
(C) Any written
				notices required by this Agreement shall be addressed to the respective party
				as follows:
(i) Executive Director, TCEQ,
				P.O. Box 13087, Austin, Texas 78711-3231;
(ii) Executive Administrator, TWDB, P.O. Box
				13231, Austin, Texas 78711-3231.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 354 - MEMORANDA OF UNDERSTANDING › Section 354.7 - Letter of Agreement Between the Railroad Commission of Texas and the Texas Water Development Board

Current through Reg. 49, No. 28; July 12, 2024
(a)
				This Letter of Agreement ("LOA") is made effective as of the date below and is
				made by and between the Railroad Commission of Texas ("RRC"), an agency of the
				State of Texas, and the Texas Water Development Board ("TWDB"), an agency of
				the State of Texas.
(b) WHEREAS,
				the RRC owns linen maps used by the RRC Groundwater Advisory Unit ("GAU") to
				record oil and gas related groundwater regulatory determinations, geophysical
				log locations, geologic cross-section locations, and other geologic
				information;
(c) WHEREAS, the
				linen maps were purchased in the 1950s and 1960s from various vendors and/or
				mapping companies, which may or may not still be in existence;
(d) WHEREAS, House Bill 30, 84th Texas
				Legislature, Regular Session, tasked the TWDB with identifying, designating,
				and reporting on regional brackish groundwater production zones;
(e) WHEREAS, the RRC desires to share the
				linen maps with TWDB for purposes of fulfilling the legislature's
				above-referenced mandate.
(f) NOW,
				THEREFORE, in consideration of the foregoing, the RRC and the TWDB express
				their understanding and agreement as follows:
(1) The RRC will load copies of all GAU linen
				maps onto an external hard drive provided by the TWDB. The TWDB will then move
				the GAU linen map files to a limited-access folder on the TWDB server.
(2) The TWDB acknowledges that the
				linen maps were created by entities/persons other than the RRC and may be
				copyrighted material.
(3) The TWDB
				agrees to use the images of the linen maps as "read only," for inspection and
				research purposes in line with the legislature's mandate.
(4) The TWDB agrees that printing,
				photocopying, taking pictures, or using any other method of copying the images
				of the linen maps may constitute copyright infringement.
(5) The TWDB agrees that disseminating the
				external hard drive, copies of the external hard drive, or copies of the images
				of the linen maps on the external hard drive to any other entity, agency, or
				person outside of the TWDB is prohibited.
(6) The TWDB agrees that it will inform any
				third-party contractors working on the project that the linen maps may be
				copyrighted material and that printing, photocopying, taking pictures, or using
				any other method of copying images of the linen maps and/or disseminating the
				external hard drive or copies of the external hard drive to any other entity,
				agency, or person outside of the TWDB is prohibited.
(7) The TWDB acknowledges that noncompliance
				with any terms and conditions of this LOA, either by the TWDB or by any
				third-party contractor hired by the TWDB, may result in copyright infringement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 354 - MEMORANDA OF UNDERSTANDING › Section 354.8 - Memorandum of Understanding for Inclusion in DIR's WCAG 2.0 Web Accessibility Scanning Program

Current through Reg. 49, No. 28; July 12, 2024
(a) This MEMORANDUM
				OF UNDERSTANDING (MOU) is entered into by and between the governmental entities
				shown below as Agreement Parties, pursuant to the authority granted and in
				compliance with the provisions of Texas Government Code, Chapter 771, the
				Interagency Cooperation Act, and Chapter 2054, Subchapter M, Access to
				Electronic and Information Resources by Individuals with Disabilities.
(b) Agreement Parties.
(1) Receiving Agency: Texas Water Development
				Board, 1700 N. Congress Ave., Austin, Texas 78701.
(2) Performing Agency: Department of
				Information Resources (DIR), 300 W. 15th Street, Suite 1300, Austin, Texas
				78701.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 354 - MEMORANDA OF UNDERSTANDING › Section 354.10 - Memorandum of Agreement Between the Texas Water Development Board, Texas Parks and Wildlife Department, and Texas Commission on Environmental Quality Relating to Instream Flow Studies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				WHEREAS, Senate Bill 2, as enacted by the 77th Legislature, Regular Session,
				provided important responsibilities to the above-referenced agencies with
				regard to studies of instream flows through year 2010;
(b) WHEREAS, it is extremely important that
				the studies authorized by the 77th Legislature be accomplished in an effective
				and efficient manner that maximizes the utilization of available resources;
(c) WHEREAS, the Texas Water
				Development Board (Board) is authorized by Section
				6.190 of the Texas
				Water Code to enter into this agreement, the Texas Commission on Environmental
				Quality (Commission) is authorized by Section
				5.229 of the Texas
				Water Code to enter into this agreement, and the Texas Parks and Wildlife
				Department (Department) is authorized by Section 11.0171 of the Texas Parks
				& Wildlife Code to enter into this agreement;
(d) WHEREAS, the results of the instream flow
				studies, the subject of this Memorandum of Agreement, shall be considered by
				the respective agencies in performance of their statutory duties and
				responsibilities. Nothing in this agreement restricts the use of the studies by
				the agencies in their statutory discretion, duties, and responsibilities;
(e) NOW, THEREFORE BE IT RESOLVED
				that the Board, Commission and Department do hereby make the following
				operating agreement regarding studies of instream flows as required by Section
				16.059
				of the Texas Water Code (Collection of instream Flow Data; Conduct of
				Studies).
(f) COORDINATING
				COMMITTEE
(1) An Instream Flow Studies
				Coordinating Committee (Committee) shall be established as a three-member
				Committee comprised of the Executive Administrator of the Board and the
				Executive Directors of the Department and the Commission, or their designees.
(2) The representative from the
				Board shall serve as chairperson of the Committee from the effective date of
				this agreement until August 31, 2003.
(3) Thereafter, the chairperson shall serve a
				one-year term and the chair shall be rotated annually, as agreed upon by the
				Committee, from the Board's representative to the Department's representative,
				and thence to the Commission's representative.
(4) The Committee shall meet at least
				annually and may meet more often as necessary and agreed upon by the Committee.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 354 - MEMORANDA OF UNDERSTANDING › Section 354.11 - Memorandum of Agreement Between the General Land Office and the Texas Water Development Board

Current through Reg. 49, No. 28; July 12, 2024
(a) WHEREAS, the
				73rd Texas Legislature established the Texas Coastal Ocean Observation Network
				(TCOON) as a cooperative project of Texas A&M University-Corpus Christi
				(TAMU), Lamar University, the Texas Water Development Board (TWDB), and the
				Texas General Land Office (GLO) to collect data on natura l processes affecting
				the Texas coast for the purpose of studying, planning for, and managing human
				uses of the coast as affected by natural processes; and
(b) WHEREAS, the participating state entities
				have been authorized to coordinate the operation of the TCOON with the National
				Oceanic and Atmospheric Administration (NOAA), other appropriate federal
				entities, and private entities; and
(c) WHEREAS, the National Ocean Service
				(NOS), a division of NOAA, has established "NATIONAL STANDARDS AND PROCEDURES"
				for the measurement of sea levels and tidal datums; and
(d) WHEREAS, the GLO has entered into an
				agreement with TAMU for the operation and maintenance of the equipment and for
				data collection; and
(e) WHEREAS,
				the TWDB and the GLO desire to ensure TCOON compliance with NOS standards and
				procedures in order to provide an accurate determination of tidal datums,
				boundaries of coastal public land, and sea level fluctuations along the Texas
				coast;
(f) NOW THEREFORE in
				consideration of the benefits to the State of Texas, the parties hereby agree
				as follows:
(1) The parties will jointly
				coordinate all aspects of the installation and operation of the TCOON,
				including coastal site selections and technical operating procedures, in order
				to ensure the accuracy of the collected data.
(2) This Memorandum of Agreement shall be
				effective September 1, 2005, and shall remain in effect unless terminated by
				either party upon thirty (30) days' written notice.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 354 - MEMORANDA OF UNDERSTANDING › Section 354.13 - Memorandum of Agreement Between the Texas Board of Professional Geoscientists (TBPG) and the Texas Water Development Board (TWDB) Regarding Professional Geoscience

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				purpose of this Memorandum of Agreement (MOA) is to coordinate the respective
				responsibilities and duties of TBPG and TWDB in the regulation of professional
				geoscience in accordance with the Texas Occupations Code, Chapter 1002 (the
				Texas Geoscience Practice Act or TGPA). Senate Bill (SB) 138, which was passed
				by the 83rd Texas Legislature and signed by Governor Rick Perry, amended the
				TGPA. The legislation, which became effective September 1, 2013, requires the
				TBPG to identify relevant state agencies and educate the identified agencies'
				staff on how to file a complaint with the TBPG and how the TBPG resolves a
				complaint. Under the provisions of SB 138, a state agency that becomes aware of
				a potential violation of the TGPA or rules of the TBPG is required to forward
				the information to the TBPG. The intent of this MOA is to implement SB 138 and
				otherwise to protect the public from adverse environmental impacts that could
				result from the improper public practice of geoscience associated with
				activities regulated by the TWDB.
(b) Definitions. The words and terms used in
				this MOA shall have the same meaning as defined in the Texas Geoscience
				Practice Act and associated rules passed by the TBPG at Title 22, Part 39,
				Chapter 850 and Chapter 851 of the Texas Administrative Code unless the context
				clearly indicates otherwise.
(c)
				General Jurisdiction.
(1) TWDB jurisdiction.
				The TWDB is the state agency with primary responsibility for water planning and
				administering water financing for the state as per Section 6.06, Texas Water
				Code.
(2) The TBPG is the state
				agency with regulatory jurisdiction over the public practice of professional
				geoscience authorized by the TGPA. The TBPG licenses Professional
				Geoscientists, registers Geoscience Firms, and certifies
				Geoscientists-in-Training. The TBPG's mission is to protect public health,
				safety, welfare and the state's natural resources by ensuring that only
				qualified persons carry out the public practice of geoscience and enforcing the
				Code of Professional Conduct the Board has established for its licensees. TBPG
				has the authority to adopt and enforce rules consistent with TGPA relating to
				Geoscientists, and necessary for the performance of its duties. These TBPG
				rules are identified in Title 22, Part 39, Chapter 850 and Chapter 851 of the
				Texas Administrative Code (TAC).
(3) The TWDB is an agency identified by the
				TBPG under the Texas Geoscience Practice Act, Section 1002.206
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 354 - MEMORANDA OF UNDERSTANDING › Section 354.14 - Agreement for Right of Entry and Temporary Use of Highway Right of Way

Current through Reg. 49, No. 28; July 12, 2024
(a) THIS AGREEMENT IS MADE by and between the
				Texas Department of Transportation, hereinafter referred to as "TxDOT," and the
				Texas Water Development Board, hereinafter referred to as "TWDB."
(b) WHEREAS, pursuant to its authority under
				Texas Water Code §
									6.107, TWDB
				finds it necessary to enter certain public property under the control and
				jurisdiction of TxDOT to monitor water wells; and
(c) WHEREAS, Chapter 203 of the Texas
				Transportation Code empowers the Texas Transportation Commission and TxDOT to
				lay out, construct, maintain, and operate the state highway system;
				and
(d) WHEREAS, TxDOT has
				determined that such entry is in the public interest and will not damage the
				highway facility, impair safety, impede maintenance, or in any way restrict the
				operation of the highway facility.
(e) NOW, THEREFORE, in consideration of the
				premises and of the mutual covenants and agreements of the parties hereto, to
				be by them respectively kept and performed as set forth, it is hereby agreed as
				follows:
(f) AGREEMENT.
(1) Article 1. Notice to TxDOT.
(A) Not later than five working days before
				entry to the site is needed, TWDB shall notify the District Engineer of TxDOT's
				Waco District in writing or via email. Entry onto certain portions of the right
				of way of controlled access facilities requires prior approval from the Federal
				Highway Administration. In the event that TWDB requires entry onto that portion
				of the right of way to which access is controlled, the TWDB shall notify TxDOT
				at least fifteen working days in advance to allow time to obtain the necessary
				FHWA approval.
(B) The District
				Engineer will determine whether any construction or maintenance activities have
				been scheduled that might affect the site investigation, or if any special
				conditions exist that might otherwise impact the investigation.
(C) Right of entry shall be limited to site
				investigations associated with installation and maintenance of an automatic
				water-level recorder.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter A - GENERAL RESEARCH AND PLANNING › Section 355.1 - General

Current through Reg. 49, No. 28; July 12, 2024
This subchapter shall govern the board's use of the
					 research and planning fund to provide money for water research, flood control
					 planning and regional facility planning.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter A - GENERAL RESEARCH AND PLANNING › Section 355.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise. Words defined in the applicable provisions of the Texas
					 Water Code, Chapter 15, and not defined here shall have the meanings provided
					 by such chapter.
(1) Flood protection
				  planning--The process of developing the means of providing protection from
				  flooding through structural and nonstructural measures.
(A) Planning for flood protection includes
				  studies and analyses to:
(i) determine and
				  describe problems resulting from or relating to flooding;
(ii) determine the views and needs of the
				  affected public relating to flooding problems;
(iii) identify potential solutions;
(iv) estimate benefits and costs of potential
				  solutions, including structural and nonstructural measures;
(v) recommend feasible solutions to flood
				  protection problems; and
(vi)
				  determine that any proposed solutions are consistent with appropriate regional
				  or statewide plans and relevant laws and regulations.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter A - GENERAL RESEARCH AND PLANNING › Section 355.3 - Legal and Fiscal Information

Current through Reg. 49, No. 28; July 12, 2024
As funds become available, and needs are identified, the
					 executive administrator will publish notice in the
Texas
					 Register
requesting applications from eligible applicants for grants.
					 Applicants shall submit application(s) in the form and in the manner prescribed
					 by the executive administrator. The executive administrator may request
					 additional information needed to evaluate the application, and may return any
					 incomplete applications. Applicants may also submit and the executive
					 administrator may also consider applications at any time, depending on
					 availability of funds and demonstrated need.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter A - GENERAL RESEARCH AND PLANNING › Section 355.4 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
Any person may apply for research grants, but only
					 political subdivisions may apply for flood control and regional facility
					 planning grants. Funding of projects shall be at the discretion of the board
					 from funds in the research and planning fund.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter A - GENERAL RESEARCH AND PLANNING › Section 355.5 - Criteria

Current through Reg. 49, No. 28; July 12, 2024
Applications will be evaluated by the executive
					 administrator, considering, at a minimum, the following criteria:
(1) Research project evaluation criteria for
				  unsolicited applications:
(A) relationship of
				  project to current needs for water resource research;
(B) description of the proposed research
				  project;
(C) approach to organizing
				  and managing the research project;
(D) estimated time required to complete the
				  research project;
(E) ability to
				  perform the research and complete the project;
(F) potential economic impact; and
(G) environmental enhancement and
				  conservation impact.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter A - GENERAL RESEARCH AND PLANNING › Section 355.6 - Board Consideration of Projects

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator will submit recommended
					 projects to the board, to be scheduled on the agenda for board consideration at
					 the earliest practical date. The applicant and other interested parties known
					 to the board shall be notified of the time and place of such
					 meeting.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter A - GENERAL RESEARCH AND PLANNING › Section 355.7 - Action of the Board on Projects

Current through Reg. 49, No. 28; July 12, 2024
At the conclusion of the meeting to consider the project,
					 the board may resolve to approve, disapprove, amend, or continue consideration
					 of the application. Approval action shall include specification of a commitment
					 period during which applicant must enter into a contract, and demonstrate
					 matching funds availability, after which time the commitment shall expire,
					 unless a time extension is granted by the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter A - GENERAL RESEARCH AND PLANNING › Section 355.8 - Notice Requirements

Current through Reg. 49, No. 28; July 12, 2024
For flood protection and regional facility planning
					 projects, applicants must notify all cities, counties, non-profit water supply
					 corporations, regional planning agencies, regional water planning groups, and
					 all districts and authorities created under the Texas Constitution, Article
					 III, Chapter 52, or Article XVI, Chapter 59, in the planning area by certified
					 mail that an application for planning assistance is being filed with the board.
					 The notice shall include the name and address of the applicant and the name of
					 the applicant's manager or official representative; and brief description of
					 the planning area; the purposes of the planning project; the board's name,
					 address, and the name of a contact person with the board; a statement that any
					 comments must be filed with the executive administrator and the applicant
					 within 30 days of the date on which the notice is mailed. Prior to action by
					 the board, the applicant must provide one copy of the notice sent to affected
					 political subdivisions, a list of the political subdivisions to which notice
					 was sent, and the date on which the notice was sent. The board may not act on
					 such application before the end of the 30-day notice period unless all
					 political subdivisions to which notice is required to be sent agree in writing
					 to waive the notice period.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 355 - RESEARCH AND PLANNING FUND › Subchapter A - GENERAL RESEARCH AND PLANNING › Section 355.9 - Contracts

Current through Reg. 49, No. 28; July 12, 2024
The board may authorize the executive administrator or his
					 designee to enter into contracts with persons or political subdivisions, within
					 available funds. Such contracts shall include:
(1) a detailed statement of the purpose for
				  which the money is to be used;
(2)
				  the total amount of money to be paid from the research and planning fund under
				  the contract;
(3) the time for
				  completion; and
(4) any other terms
				  and conditions required by the executive administrator or agreed to by the
				  contracting parties.