reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 20 - NATURAL RESOURCES DAMAGE ASSESSMENT › Subchapter D - ADMINISTRATION › Section 20.44 - Public Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) Public
				  notice, review and comment. Public notice means the state trustees are advising
				  the public about proposed actions. Public review and comment means the public
				  has an opportunity to review and comment on the proposed state trustee
				  actions.
(b) Notice of State
				  Trustee Action. The state trustees shall give public notice through the use of
				  the Texas Register and at least one newspaper of general circulation serving
				  the impacted area. The state trustees shall provide for a period of public
				  review and comment of at least 30 days whenever public review and comment is
				  required in this section. The state trustees shall not execute any documents
				  which relieve a responsible person from liability for damages resulting from
				  injury to natural resources until the public review and comment period has
				  expired.
(c) Public review and
				  comment. The state trustees shall provide the public with the opportunity for
				  review and comment when they select assessment procedures and protocols for a
				  negotiated, expedited or comprehensive assessment. The state trustees shall
				  provide the public with the opportunity for review and comment when a
				  restoration plan is proposed and prior to the certification of completion of a
				  restoration plan.
(d) Public
				  participation in equivalent resource plans. The state trustees shall invite
				  members of the public from the area encompassed by an equivalent resource plan
				  to participate in the development and design of the plan. When an equivalent
				  resource plan is proposed for adoption by the state trustees, the commissioner,
				  in conjunction with the trustees, shall conduct, upon the request of any member
				  of the public, a public hearing on the proposed plan. The public hearing shall
				  be convened in or near the area covered by the equivalent resource
				  plan.
(e) Public participation in
				  assessment decisions. The state trustees may invite a member of the public to
				  participate in determining whether an assessment of any kind is necessary. The
				  person invited to participate shall be a member of an environmental or
				  conservation group which is organized for preservation or enhancement of the
				  natural resources in the area where the unauthorized discharge of oil occurred.
				  The person may participate in the state trustee determination but shall not
				  have any vote in any decision of the state trustees. After the state trustees
				  have decided whether an assessment will be performed, the person's further role
				  in the proceeding shall be at the discretion of the state trustees, who shall
				  take into account the public's right to review and comment on state trustee
				  actions.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.1 - 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) Agency--The General
				Land Office of the State of Texas.
(2) Applicant--The city or county which makes
				application to receive funds under this program.
(3) Assistance--State funds which are made
				available through the agency for this program.
(4) Award--An obligation of appropriated
				funds authorized for this program and which are made available for a
				project.
(5) Clean and
				maintain--The collection and removal of litter and debris, and the supervision
				and elimination of sanitary and safety conditions which would pose a threat to
				personal health or safety if not removed or otherwise corrected. For purposes
				of cities and counties described in this subchapter, the phrase "clean and
				maintain" includes the employment of lifeguards, beach patrols, and litter
				patrols.
(6) Expenditures--Outlays
				by cash or check represented by valid invoice and disbursement
				documentation.
(7) Participant or
				sponsor--The city or county which receives assistance under this
				subchapter.
(8) Program--The beach
				cleaning and maintenance assistance program implemented under this subchapter
				and Natural Resources Code, Chapter 61, Subchapter C (relating to Maintenance
				of the Public Beaches).
(9) Public
				beach--Any beach area, whether publicly or privately owned, extending inland
				from the line of mean low tide to the line of vegetation bordering on the Gulf
				of Mexico to which the public has acquired the right of use or easement to or
				over such area by prescription, dedication, presumption, estoppel, or has
				retained a right by virtue of continuous right in the public since time
				immemorial, as recognized by law and custom. This definition does not include a
				beach which is not accessible by public road or ferry.
(10) Qualified official--The individual
				authorized to represent the applicant or participant in all contractual
				agreements.
(11) State fiscal
				year--The period of time beginning September 1 and ending August 31.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.2 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) This program provides state financial
				assistance to qualified city and county governments for the purpose of cleaning
				and maintaining public beaches.
(b)
				The availability of funds for this program is contingent upon appropriations by
				the legislature to the agency and the agency's allocation of appropriated funds
				to the program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.3 - Administration of Funds

Current through Reg. 49, No. 28; July 12, 2024
The agency is designated as the administering agency for
				  funding of this program, and is empowered to enforce these rules and to
				  distribute in a fair and impartial manner the "state share" of funds to cities
				  and counties in accordance with Natural Resources Code, Chapter 61, Subchapter
				  C, this subchapter, and procedures and accounting methods adopted by the
				  agency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.4 - Allocation of Available Funds

Current through Reg. 49, No. 28; July 12, 2024
The agency shall use the following formula for calculating
				  the amount of funds available to each city and county for the fiscal year for
				  which they seek reimbursement. Seventy-five percent of funds available for
				  distribution shall be allocated by determining each participant's proportionate
				  share of total participant expenditures during the two fiscal years preceding
				  the year for which participant is applying for reimbursement. Twenty-five
				  percent of the funds available for distribution shall be allocated by
				  determining each participant's proportionate share of total linear footage of
				  gulf beach which the participants will clean and maintain pursuant to project
				  agreements authorized in §
									25.11 of this
				  title (relating to Project Agreement).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.5 - Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the responsibility of the state
				through the agency to provide assistance to local governments in the cleaning
				of public beaches. For purposes of this section, assistance includes, but is
				not limited to, the following:
(1) Awards
				made under this program;
(2)
				Cleaning and maintaining public beaches, at the sole discretion of the GLO, to
				maintain the public beach easement; and
(3) Cleaning, maintenance and debris removal
				from a public beach that is located in an area designated as a threatened area
				in a declaration of a state of disaster issued under §
										418.014
				of the Government Code.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.6 - Application for Funds Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				city or county which borders on the seaward shoreline of the Gulf of Mexico may
				apply for state assistance for beach cleaning and maintenance on an application
				form approved and supplied by the agency.
(b) Each state fiscal year the agency will
				announce by mail to all qualified cities and counties an application period not
				less than 30 days in length during which applications may be filed.
(c) Applications received after the announced
				application period will be considered invalid.
(d) The agency reserves the right, in its
				sole discretion, to waive any procedural defect in the application
				process.
(e) The contents of all
				applications submitted to the agency shall be certified true and correct by a
				local official designated by resolution of the appropriate local governing
				body.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.7 - Requirements for Eligibility - City

Current through Reg. 49, No. 28; July 12, 2024
Any city applying for state financial assistance under the
				  Natural Resources Code, §§
									61.068-61.070, must
				  meet the following requirements:
(1)
				be an incorporated city, town, or village which borders upon the Gulf of
				Mexico;
(2) have within its
				boundaries public beaches as defined in §
									25.1 of
				this title (relating to Definitions);
(3) provide for the administration of the
				public beaches of such city by a beach park board of trustees or other
				administrative body, which administrative body must have adequate authority to
				administer an effective program for keeping the public beaches within its
				jurisdiction clean;
(4) provide for
				the receipt by the city treasurer, or other officer exercising similar
				functions if there is no city treasurer, of all funds paid to such city under
				this program;
(5) charge no
				entrance fee to public beaches under the jurisdiction of the governing body of
				such city except the assessment of a reasonable fee for off-beach parking or
				for the use of facilities provided for the use and convenience of the
				public;
(6) provide for the
				establishment, maintenance, and administration of at least one beach park by
				such city which shall meet the following minimum requirements of size and
				facilities:
(A) be of sufficient size to
				accommodate public use and enjoyment of that section of public beach;
(B) have adequate sanitation facilities to
				accommodate the average heavy use period of the park;
(C) have adequate off-beach parking to
				accommodate the number of visitors which could utilize the park during the
				average heavy use day while using that section of the beach which the park is
				intended to serve; and
(D) have
				adequate access to such park from the nearest main arterial highway;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.8 - Requirements for Eligibility - County

Current through Reg. 49, No. 28; July 12, 2024
Any county applying for state financial assistance under the
				  Natural Resources Code, §§
									61.068-61.070, must
				  meet the following requirements:
(1)
				border upon the Gulf of Mexico;
(2)
				have within its boundaries public beaches as defined in §
									25.1 of
				this title (relating to Definitions);
(3) provide for the administration of the
				public beaches of such county by a beach park board of trustees, a county park
				board, the commissioners court, or other administrative body, which
				administrative body must have adequate authority to administer an effective
				program for keeping the public beaches within its jurisdiction clean;
(4) provide for the receipt by the county
				treasurer, or other officer exercising similar functions if there is no county
				treasurer, of all funds paid to such county under this program;
(5) charge no entrance fee to public beaches
				under the jurisdiction of the governing body of such county except the
				assessment of a reasonable fee for off-beach parking or for the use of
				facilities provided for the use and convenience of the public;
(6) provide for the establishment,
				maintenance, and administration of at least one beach park by such county which
				shall meet the following requirements of size and facilities:
(A) be of sufficient size to accommodate
				public use and enjoyment of that section of public beach;
(B) have adequate sanitation facilities to
				accommodate the average heavy use period of the park;
(C) have adequate off-beach parking to
				accommodate the number of visitors which could utilize the park during the
				average heavy use day while using that section of the beach which the park is
				intended to serve; and
(D) have
				adequate access to such park from the nearest main arterial highway;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.9 - Assistance for Ineligible City

Current through Reg. 49, No. 28; July 12, 2024
Any incorporated city bordering upon the Gulf of Mexico which
				  is not entitled to receive funds under the Natural Resources Code, §§
									61.068-61.070, may
				  receive state assistance if the following requirements are met:
(1) the city borders upon the Gulf of
				Mexico;
(2) public beach cleaning
				is undertaken by contract with the commissioners court of the county in which
				the city is located;
(3) no
				entrance fee is charged to any public beaches under the jurisdiction of the
				city except the assessment of a reasonable fee for off-beach parking or the use
				of facilities provided for the use and convenience of the public; and
(4) costs incurred are limited to cleaning
				those beaches within the corporate limits of the city.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.10 - Assistance for Ineligible County

Current through Reg. 49, No. 28; July 12, 2024
Any county which is not entitled to receive funds under the
				  Natural Resources Code, §§
									61.068-61.070, may
				  receive state assistance if the following requirements are met:
(1) the county borders upon the Gulf of
				Mexico;
(2) public beach cleaning
				is undertaken by contract with the commissioners court of any adjacent county
				which does qualify for eligibility under the Natural Resources Code,
				§§
									61.068-61.070;
				and
(3) no entrance fee is charged
				to any public beaches under the jurisdiction of the county except for the
				assessment of a reasonable fee for off-beach parking or for the use of
				facilities provided for the use and convenience of the public.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.11 - Project Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon approval
				of a project application, the agency will initiate a project agreement with the
				project sponsor to render beach cleaning services as described in the
				application and project agreement.
(b) Execution of the project agreement by the
				project sponsor and the agency, constitutes approval of the beach cleaning
				proposal; upon approval, eligible costs incurred during the fiscal year shall
				be reimbursable to the extent allowed by §
									25.13
				of this title (relating to Extent of State Assistance).
(c) Amendments to the proposed project
				agreement may be requested by letter setting forth:
(1) proposed change in project
				scope;
(2) proposed effective date
				of change;
(3) increase or decrease
				in necessary funds; and
(4) reason
				for proposed change in the project.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.12 - Eligible Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				for state reimbursement:
(1) all costs
				incurred must be as a result of beach cleaning and maintenance activities only
				on public beaches as defined in §
										25.1 of
				this title (relating to Definitions);
(2) all costs must be documented as required
				by §
										25.19
				of this title (relating to Maintenance of Records); and
(3) cities and counties must have approved
				applications in force.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.13 - Extent of State Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) Cities and
				counties that qualify for eligibility under the Natural Resources Code,
				§§
									61.068 -
				61.070, may
				receive up to, but no greater than two-thirds reimbursement for eligible
				expenses incurred in cleaning and maintaining public beaches within such cities
				and counties that are not under the jurisdiction of another governmental
				entity. However, cities and counties may receive reimbursement under this
				subsection for eligible expenses to clean and maintain public beaches within an
				area owned or managed by the Texas Parks and Wildlife Department (department)
				if the department authorizes the applicant to maintain the public beaches
				within the area owned or managed by the department. The applicant must submit
				documentation of such authorization to the land office. Reimbursement under
				this subsection is limited to public beaches lying within the boundaries of
				such cities and counties.
(b)
				Cities qualifying for eligibility under the Natural Resources Code, §
									61.080,
				or counties qualifying for eligibility under the Natural Resources Code, §
									61.081,
				and which do not qualify for eligibility under the Natural Resources Code,
				§§
									61.068 -
				61.070, may
				receive up to 40% reimbursement for eligible expenses incurred in cleaning and
				maintaining public beaches within their boundaries, but not under the
				jurisdiction of another governmental entity. However, cities and counties may
				receive reimbursement under this subsection for eligible expenses to clean and
				maintain public beaches within an area owned or managed by the department if
				the department authorizes the applicant to maintain the public beaches within
				the area owned or managed by the department. The applicant must submit
				documentation of such authorization to the land office. Reimbursement under
				this subsection is limited to public beaches lying within the boundaries of
				such cities and counties.
(c)
				Monies received by an eligible coastal municipality under the Tax Code, §
									156.2511,
				shall be included as part of the state share as required by Natural Resources
				Code, §
									61.076(c)(2),
				and must be spent on cleaning and maintaining the beach as required by the Tax
				Code, §
									156.2511(b);
				however, these funds are not eligible for reimbursement from the program as
				specifically prohibited by Natural Resources Code, §
									61.076(c)(1).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.14 - Method of Funding

Current through Reg. 49, No. 28; July 12, 2024
The agency will allot to the participant the total yearly
				  amount for which the participant may be reimbursed. The total reimbursement
				  shall not exceed the total contract obligation without written authority from
				  the agency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.15 - Payment Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Payments to
				participants will be made on a reimbursable basis, and the amount of payment
				will be computed by the agency. Participants who qualify for no greater than
				two-thirds reimbursement under Natural Resources Code, §§
									61.068 -
				61.070, will
				be reimbursed semiannually.
(b)
				Participants who qualify for 40% reimbursement under Natural Resources Code,
				§
									61.080
				and §
									61.081,
				will be reimbursed semiannually.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.16 - Reimbursement Requests

Current through Reg. 49, No. 28; July 12, 2024
(a) Reimbursement
				requests will consist of a breakdown of project cost elements and will be in a
				summary format requiring minimal supporting detail.
(b) The agency reserves the right to require
				full documentation if deemed necessary.
(c) Reimbursement request records,
				certification, and all documentation substantiating reimbursement requests will
				be maintained in the office of the county or city internal auditor or if the
				county or city does not have an internal auditor, in the office of its chief
				financial officer.
(d) All
				reimbursement request and certification documents will be provided by the
				agency.
(e) Reimbursement requests
				must be submitted to the agency no later than sixty (60) days after the end of
				each quarter of the state fiscal year in which the expenses are incurred.
				Failure to submit reimbursement requests on a timely basis may result, at the
				sole discretion of the agency, in a denial of reimbursement for the expenses
				incurred during the applicable period and a reallocation of the available funds
				in accordance with §
									25.4
				of this title (relating to Allocation of Available Funds) to other participants
				that have submitted timely reimbursement requests.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.17 - Local Labor Force Account

Current through Reg. 49, No. 28; July 12, 2024
If local forces are used for project work, labor charges can
				  be made only for the time actually expended on approved project work. Accurate
				  daily time and attendance records reflecting time and costs representing fund
				  assisted activity only shall be maintained for each supervisor and employee.
				  This information shall be retained for use as a source document for preparation
				  of payrolls and for consolidating and tabulating charges for equipment and
				  material used on the project.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.18 - Equipment Rental

Current through Reg. 49, No. 28; July 12, 2024
(a) If county or
				city owned equipment is used, rental rates for use of such equipment must be
				established by the participant and approved by the agency before any equipment
				use charges included in a billing will be reimbursed. Rates should be current,
				reasonable, and specify whether or not the operator is included. The Department
				of Transportation area rates shall be used by the agency as a guideline for
				determining the reasonableness of the rates under this section. The agency may
				approve rates higher than those rates set by the Department of Transportation
				if sufficient evidence of the need for the higher rate is presented and
				approved by the agency. Rates should be set forth in a resolution of the
				political subdivision or other similar record of official action. Each piece of
				equipment shall be adequately described. An accurate daily record of equipment
				used for project work shall be maintained by the participant.
(b) If equipment is rented from another
				source, a copy of the supplier's statement reflecting rates, time used, and
				total cost shall be maintained by the participant.
(c) The purchase of new or used equipment
				shall not be fund assisted.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.19 - Maintenance of Records and Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Records to substantiate all charges must be maintained by the participant and
				made available for examination by agency representatives at any time. Records
				shall be maintained separately to facilitate examination or audit.
(b) All expenses will be described in a
				summary format referencing account document number, description, payee, date,
				and amount.
(c) The participant
				must maintain a complete accounting of all claimed expenses and their
				supporting detail, including, but not limited to, records of equipment use,
				time cards, payroll records, invoices, contracts, and canceled
				checks.
(d) Participants charging a
				fee for public beach use and access as authorized by the General Land Office
				rules for management of the beach/dune system (§
									15.8
				of this title (relating to Beach User Fees)) may be reimbursed for expenditures
				only under the following conditions.
(1) The
				participant is currently in compliance and has been in compliance with the
				beach user fee provisions contained in the General Land Office rules for
				management of the beach/dune system (§
										15.8
				of this title (relating to Beach User Fees)) during the fiscal year for which
				reimbursement is sought.
(2) The
				participant maintains and spends the funds received under this subchapter
				subject to the same requirements as those provided for beach user fee revenues
				in the General Land Office rules for management of the beach/dune system
				(§
										15.8
				of this title (relating to Beach User Fees)).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.20 - Audit

Current through Reg. 49, No. 28; July 12, 2024
The audit branch of the finance division of the agency will
				  perform random audits of and shall have access to all participants' records
				  related to its beach cleaning program for the purpose of verifying compliance
				  with the provisions of the program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.21 - Ineligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) If the agency determines by audit or
				other method that the participant no longer complies with the requirements of
				the program, it shall notify the participant that further payment will not be
				made until the agency is satisfied that there is no longer any failure to
				comply. The agency may withhold funds and require reimbursement to be made for
				funds claimed and received in violation of the program.
(b) The notice required by subsection (a) of
				this section must be given:
(1) to the acting
				head of the participant that is not in compliance with the program;
(2) to the official with responsibility for
				the project as indicated by the participant's application; and
(3) to the official authorized to receive
				state reimbursement as indicated by the participant's application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 25 - BEACH CLEANING AND MAINTENANCE ASSISTANCE PROGRAM › Section 25.22 - Hearing

Current through Reg. 49, No. 28; July 12, 2024
Hearings under this subchapter shall be conducted in
				  accordance with the provisions of Government Code, Chapter 2001 (relating to
				  Administrative Procedure), and Chapter 2 of this title (relating to Rules of
				  Practice and Procedure).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 26.2 - Findings

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commissioner finds that the coast is subject to the following uses:
(1) residential development, which includes
				  siting, construction, and maintenance of single- and multiple-unit
				  dwellings;
(2) commercial
				  development, which includes siting, construction, and maintenance of
				  warehouses, offices, retail stores, hotels, restaurants, marinas, and
				  recreational facilities;
(3)
				  industrial development, which includes siting, construction, operation, and
				  maintenance of oil and gas exploration and development facilities,
				  manufacturing and petrochemical plants, refineries, processing facilities, and
				  ports;
(4) agricultural
				  development, which includes farming, ranching, silviculture, and
				  aquaculture;
(5) other development,
				  which includes public buildings, parks, and other public purpose
				  development;
(6) development of
				  infrastructure, which includes the siting, construction, operation, and
				  maintenance of roads, causeways and bridges, railroads, transmission and
				  communication lines, water and sewer lines and pump stations, oil and gas
				  transportation pipelines, and other linear facilities; airports; electric
				  generating facilities; flood control structures, dams, and other water control
				  structures; water, sewage, and wastewater treatment facilities; and solid waste
				  facilities;
(7) waterfront
				  construction, which includes erosion response projects and shoreline access
				  structures. Erosion response projects include retaining walls, bulkheads,
				  seawalls, rubble mounds, revetments, breakwaters, and groins. Shoreline access
				  structures include piers, docks, wharves, boat ramps, and other structures.
				  Other structures on state submerged land and private submerged land include
				  artificial reefs and fishing cabins;
(8) dredging, which includes excavation and
				  disposal or placement of material from navigation channels and basins for
				  commercial shipping, recreational boating, and oil and gas exploration and
				  production; excavation for water intake structures, wastewater outfalls, or
				  other structures incidental to shoreline development; and sediment mining on
				  submerged lands; and
(9) hunting,
				  fishing, and other uses affecting terrestrial and aquatic wildlife.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter A - GENERAL PROVISIONS › Section 26.4 - Coastal Coordination Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The Coastal Coordination Advisory
				  Committee (committee) advises the commissioner on matters related to the CMP.
				  The committee shall:
(1) make recommendations
				  regarding the referral and review of proposed actions subject to consistency
				  with the CMP goals and policies;
(2) participate in coastal issue teams to
				  facilitate interagency coordination and communication regarding CMP subject
				  matter areas, including but not limited to water quality, grants, planning, and
				  permitting; and
(3) review any
				  other matters related to the CMP, as requested by the commissioner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.10 - Compliance with CMP Goals and Policies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  State agencies, municipalities, and counties identified in this subchapter
				  shall comply with the goals and policies in this subchapter when taking an
				  action listed in §29.11 of this title (relating to Actions and Rules
				  Subject to the Coastal Management Program) or §29.60 of this title
				  (relating to Local Government Actions Subject to the Coastal Management
				  Program).
(b) The goals and
				  policies in this subchapter apply only to those actions expressly identified in
				  this subchapter.
(c) Compliance
				  with the goals and policies of this subchapter does not supersede or eliminate
				  any legal duty to comply with other applicable statutory and regulatory
				  requirements.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.11 - Statutory and Constitutional Limits

Current through Reg. 49, No. 28; July 12, 2024
(a) A goal or
				  policy may not require an agency or subdivision to perform an action that would
				  exceed the constitutional or statutory authority of the agency or subdivision
				  to which the goal or policy applies.
(b) The requirements of this chapter may not
				  be applied in a manner that would result in the taking, damage, or destruction
				  of property without adequate compensation.
(c) Nothing in these rules shall be construed
				  as providing or allowing for the development of special area management plans,
				  including a plan for an area designated under a national estuary
				  program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.12 - Goals

Current through Reg. 49, No. 28; July 12, 2024
The goals of the Texas Coastal Management Program (CMP)
					 are:
(1) to protect, preserve,
				  restore, and enhance the diversity, quality, quantity, functions, and values of
				  coastal natural resource areas (CNRAs);
(2) to ensure sound management of all coastal
				  resources by allowing for compatible economic development and multiple human
				  uses of the coastal zone;
(3) to
				  minimize loss of human life and property due to the impairment and loss of
				  protective features of CNRAs;
(4)
				  to ensure and enhance planned public access to and enjoyment of the coastal
				  zone in a manner that is compatible with private property rights and other uses
				  of the coastal zone;
(5) to balance
				  the benefits from economic development and multiple human uses of the coastal
				  zone, the benefits from protecting, preserving, restoring, and enhancing CNRAs,
				  the benefits from minimizing loss of human life and property, and the benefits
				  from public access to and enjoyment of the coastal zone;
(6) to coordinate agency and subdivision
				  decision-making affecting CNRAs by establishing clear, objective policies for
				  the management of CNRAs;
(7) to
				  make agency and subdivision decision-making affecting CNRAs efficient by
				  identifying and addressing duplication and conflicts among local, state, and
				  federal regulatory and other programs for the management of CNRAs;
(8) to make agency and subdivision
				  decision-making affecting CNRAs more effective by employing the most
				  comprehensive, accurate, and reliable information and scientific data available
				  and by developing, distributing for public comment, and maintaining a
				  coordinated, publicly accessible geographic information system of maps of the
				  coastal zone and CNRAs at the earliest possible date;
(9) to make coastal management processes
				  visible, coherent, accessible, and accountable to the people of Texas by
				  providing for public participation in the ongoing development and
				  implementation of the Texas CMP; and
(10) to educate the public about the
				  principal coastal problems of state concern and technology available for the
				  protection and improved management of CNRAs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.13 - Administrative Policies

Current through Reg. 49, No. 28; July 12, 2024
(a) Agency and
				  subdivision rules and ordinances subject to §26.10 of this title (relating
				  to Compliance with Goals and Policies) shall:
(1) require applicants to provide information
				  necessary for an agency or subdivision to make an informed decision on a
				  proposed action listed in §29.11 of this title (relating to Actions and
				  Rules Subject to the Coastal Management Program) or §29.60 of this title
				  (relating to Local Government Actions Subject to the Coastal Management
				  Program);
(2) identify the
				  monitoring established to ensure that activities authorized by actions listed
				  in §29.11 of this title or §29.60 of this title comply with all
				  applicable requirements;
(3)
				  identify circumstances in which agencies and subdivisions have the authority to
				  issue variances from standards or requirements for the protection of CNRAs,
				  including the grounds for granting variances; and
(4) take into account the national interest
				  as defined in the Texas Coastal Management Program Final Environmental Impact
				  Statement, August 1996, Part II, Chapter 7.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.15 - Policy for Major Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				  this section, "major action" means an individual agency or subdivision action
				  listed in §29.11 of this title (relating to Actions and Rules Subject to
				  the Coastal Management Program), §30.12 of this title (relating to Federal
				  Listed Activities Subject to CZMA Review), or §29.60 of this title
				  (relating to Local Government Actions Subject to the Coastal Management
				  Program), relating to an activity for which a federal environmental impact
				  statement under the National Environmental Policy Act, 42 United States Code
				  Annotated, §4321, et seq is required.
(b) Prior to taking a major action, the
				  agencies and subdivisions having jurisdiction over the activity shall meet and
				  coordinate their major actions relating to the activity. The agencies and
				  subdivisions shall, to the greatest extent practicable, consider the cumulative
				  and secondary adverse effects, as described in the federal environmental impact
				  assessment process, of each major action relating to the activity.
(c) No agency or subdivision shall take a
				  major action that is inconsistent with the goals and policies of this chapter.
				  In addition, an agency or subdivision shall avoid and otherwise minimize the
				  cumulative adverse effects to coastal natural resource areas of each of its
				  major actions relating to the activity.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.16 - Policies for Construction of Electric Generating and Transmission Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction of
				  electric generating facilities and electric transmission lines in the coastal
				  zone shall comply with the policies in this section.
(1) New electric generating facilities shall,
				  where practicable, be located at previously developed sites. New electric
				  generating facilities at undeveloped sites shall be located so that future
				  expansion will avoid construction in critical areas, Gulf beaches, critical
				  dunes, and washovers to the greatest extent practicable. To the extent
				  applicable to the public beach, the policies in this section are supplemental
				  to any further restrictions or requirements relating to the beach access and
				  use rights of the public.
(2)
				  Electric generating facilities using once-through cooling systems shall be
				  located and designed to have the least adverse effects practicable, including
				  impingement or entrainment of estuarine organisms.
(3) Electric generating facilities shall be
				  constructed at sites selected to have the least adverse effects practicable on
				  recreational uses of CNRAs and on areas used for spawning, nesting, and
				  seasonal migrations of terrestrial and aquatic fish and wildlife
				  species.
(4) Electric transmission
				  lines to or on Coastal Barrier Resource System Units and Otherwise Protected
				  Areas designated on maps dated October 24, 1990, as those maps may be modified,
				  revised, or corrected, under the Coastal Barrier Resources Act, 16 United
				  States Code Annotated, §3503, on coastal barriers shall:
(A) be located, where practicable, in
				  existing rights-of-way or previously disturbed areas if necessary to avoid or
				  minimize adverse effects; and
(B)
				  be located at sites at which future expansion shall avoid construction in
				  critical areas, Gulf beaches, critical dunes, and washovers to the greatest
				  extent practicable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.17 - Policies for Construction, Operation, and Maintenance of Oil and Gas Exploration and Production Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Oil and gas
				  exploration and production on submerged lands shall comply with the policies in
				  this section.
(1) In or near critical areas,
				  facilities shall be located and operated and geophysical and other operations
				  shall be located and conducted in such a manner as to avoid and otherwise
				  minimize adverse effects, including those from the disposal of solid waste and
				  disturbance resulting from the operation of vessels and wheeled or tracked
				  vehicles, whether on areas under lease, easement, or permit or on or across
				  access routes thereto. Where practicable, buffer zones for critical areas shall
				  be established and directional drilling or other methods to avoid disturbance,
				  such as pooling or unitization, shall be employed.
(2) Lessees, easement holders, and permittees
				  shall construct facilities in a manner that avoids impoundment or draining of
				  coastal wetlands, if practicable, and shall mitigate any adverse effects on
				  coastal wetlands impounded or drained in accordance with the sequencing
				  requirements in this section.
(3)
				  Upon completion or cessation of operations, lessees, easement holders, and
				  permittees shall remove facilities and restore any significantly degraded areas
				  to pre-project conditions as closely as practicable, unless facilities can be
				  used for maintenance or enhancement of CNRAs or unless restoration activities
				  would further degrade CNRAs.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.18 - Policies for Discharges of Wastewater and Disposal of Waste from Oil and Gas Exploration and Production Activities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Disposal of oil and gas waste in the coastal zone shall comply with the
				  policies in this section.
(1) No new
				  commercial oil and gas waste disposal pit shall be located in any
				  CNRA.
(2) Oil and gas waste
				  disposal pits shall be designed to prevent releases of pollutants that
				  adversely affect coastal waters or critical areas.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 26 - COASTAL MANAGEMENT PROGRAM › Subchapter B - GOALS AND POLICIES › Section 26.20 - Policies for Prevention, Response and Remediation of Oil Spills

Current through Reg. 49, No. 28; July 12, 2024
(a) The GLO
				  regulations governing prevention of, response to and remediation of coastal oil
				  spills shall provide for measures to prevent coastal oil spills and to ensure
				  adequate response and removal actions. The GLO regulations for certification of
				  vessels and facilities that handle oil shall be designed to ensure that vessels
				  and facilities are capable of prompt response and adequate removal of
				  unauthorized discharges of oil. The GLO regulations adopted pursuant to the Oil
				  Spill Prevention and Response Act (OSPRA), Texas Natural Resources Code,
				  Chapter 40, shall be consistent with the State Coastal Discharge Contingency
				  Plan adopted pursuant to OSPRA; and the National Contingency Plan adopted
				  pursuant to the Federal Water Pollution Control Act, 33 United States Code
				  Annotated, Chapter 26.
(b) Natural
				  Resource Damage Assessment. GLO rules under OSPRA governing the assessment of
				  damages to natural resources injured as the result of an unauthorized discharge
				  of oil into coastal waters shall provide for reasonable and rational procedures
				  for assessing damages and shall take into account the unique circumstances of
				  the spill incident. The costs of assessing the damages shall not be
				  disproportionate to the value of the injured resources. Plans for the
				  restoration, rehabilitation, replacement or acquisition of equivalent resources
				  shall provide for participation by the public and shall be designed to promote
				  the restoration of the injured resources with all deliberate speed. The GLO
				  rules shall be consistent with other state rules and policies and with the CMP
				  goals and policies.