reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 521 - AGRICULTURAL WATER CONSERVATION › Subchapter A - TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES › Section 521.5 - Priorities

Current through Reg. 49, No. 28; July 12, 2024
The state board may approve areas within the state where
					 critical soil and water conservation needs are known to the state board to
					 exist and activities that will be most likely in the opinion of the state board
					 to produce substantial soil and water conservation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 521 - AGRICULTURAL WATER CONSERVATION › Subchapter A - TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES › Section 521.6 - Eligible Districts

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the Agriculture Code of Texas,
					 §201.203, a district, all or part of which is located within an area
					 approved in accordance with §
										521.5 of
					 this title (relating to Priorities) may be considered eligible to administer
					 technical assistance programs under these sections upon presentation of
					 evidence satisfactory to the state board that such district is able to provide
					 and supervise technical assistance to landowners and operators within its
					 jurisdiction subject to availability of funds, and upon justification of the
					 need for funds based upon current fund balances of the
					 district.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 521 - AGRICULTURAL WATER CONSERVATION › Subchapter A - TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES › Section 521.7 - Eligible Expenditures

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligible
				  districts, upon approval by the state board, may receive funds for salaries or
				  wages paid to district personnel for performing or being trained to perform
				  technical assistance duties in relation to priorities established under §
										521.5 of
				  this title (relating to Priorities). Such funds will be limited to the
				  allocations set by the state board. Employment related expenses other than
				  salaries or wages and the employer's matching of Social Security and Medicare
				  taxes shall be borne by the district.
(b) Other activities approved by the State
				  Board under these sections may be eligible for funding.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 521 - AGRICULTURAL WATER CONSERVATION › Subchapter A - TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES › Section 521.8 - Applications

Current through Reg. 49, No. 28; July 12, 2024
Eligible districts may apply for allocations of technical
					 assistance funds under these sections in the manner prescribed by the state
					 board, and shall include such information as required by the state
					 board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 521 - AGRICULTURAL WATER CONSERVATION › Subchapter A - TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES › Section 521.9 - Approval of Expenditures

Current through Reg. 49, No. 28; July 12, 2024
The state board may consider and approve or reject district
					 applications, program expenditures, and fund allocations, giving consideration
					 to the guidelines under §
										521.3 of
					 this title (relating to Guidelines) and priorities under §
										521.5 of
					 this title (relating to Priorities), as well as other information deemed
					 necessary by the state board. The state board may adjust eligible expenditures
					 and allocations throughout the year in order to achieve the most efficient use
					 of state funds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 521 - AGRICULTURAL WATER CONSERVATION › Subchapter A - TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES › Section 521.10 - Payment of State Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) On the
				  first working day of each fiscal year or as soon as possible thereafter, the
				  State Board shall cause to be paid to each district 25% of the amount allocated
				  to that district for the fiscal year.
(b) Additional payments shall be made on a
				  reimbursement basis.
(1) each district
				  receiving funds under provisions of this chapter shall file with the state
				  Board a monthly report of expenditures no later than the 30th of the month
				  following the end of each reporting period on forms provided by the State
				  Board.
(2) upon verification that
				  the reports are in order, the State Board shall cause payment for reimbursement
				  of expenses to be made to the district.
(3) upon receipt of the last monthly report,
				  the State Board shall perform a reconciliation of funds and pay the claim
				  accordingly.
(4) the district has
				  complied with the reporting requirements of §
											521.11 and
				  §
											521.12 of this
				  chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 521 - AGRICULTURAL WATER CONSERVATION › Subchapter A - TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES › Section 521.11 - Reports Required

Current through Reg. 49, No. 28; July 12, 2024
The district shall file an Annual Grant Summary Report on
					 or before September 30 of each year on forms provided by the State
					 Board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 521 - AGRICULTURAL WATER CONSERVATION › Subchapter A - TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES › Section 521.12 - Audits

Current through Reg. 49, No. 28; July 12, 2024
The State Board shall have access to all district records
					 for the purpose of verifying compliance with the provisions of this subchapter
					 and other state requirements. The State Board may withhold funds under this
					 subchapter from districts found to be in violation of this subchapter or other
					 state requirements and may require districts to reimburse the State Board for
					 expenditures claimed and reimbursed that are found to be in violation of this
					 subchapter or other state requirements. Any district which has not met the
					 filing requirements of §
										525.7
					 of this title, will not receive reimbursements under this subchapter until such
					 reports are received in the State Office in Temple.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 521 - AGRICULTURAL WATER CONSERVATION › Subchapter A - TECHNICAL ASSISTANCE PROGRAM FOR SOIL AND WATER CONSERVATION LAND IMPROVEMENT MEASURES › Section 521.13 - Priority in Expenditure of Funds

Current through Reg. 49, No. 28; July 12, 2024
When requests for funding exceed available funds, the State
					 Board will prioritize requests in accordance with the guidelines in §
										521.3 of
					 this title (relating to Guidelines).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 523 - AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT › Section 523.1 - Scope and Jurisdiction

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas
				State Soil and Water Conservation Board (State Board) is the lead agency in
				this state for activity relating to abating agricultural and silvicultural
				nonpoint source pollution.
(1) Nonpoint source
				pollution is pollution caused by diffuse sources that are not regulated as
				point sources and normally is associated with, but is not limited to
				agricultural, silvicultural, and urban runoff including construction
				activities. Such pollution is the result of human-made or human-induced
				alteration of the chemical, physical, biological, and radiological integrity of
				water. In practical terms nonpoint source pollution does not result from a
				discharge at a specific, single location (such as a single pipe) but generally
				results from land runoff, precipitation, atmospheric deposition, or
				percolation. Pollution from nonpoint sources occurs when the rate at which
				pollutant materials entering water bodies or groundwater exceeds natural rates
				or total loadings exceed natural loadings.
(A) Possible nonpoint source pollutants
				associated with agricultural and silvicultural activities include nutrients,
				pesticides, organic matter, sediment, and animal wastes. These pollutants may
				be transported to surface waters in solution with runoff water, suspended in
				runoff water, or adsorbed on eroded soil particles. The primary concern about
				agricultural and silvicultural impacts on groundwater relate to use of
				pesticides, nutrients and potential leaching of these compounds to groundwater
				or surface runoff entering groundwater through avenues such as abandoned and
				improperly constructed wells.
(B)
				Animal feeding operations, in their entirety as a single functioning facility,
				may be considered a point or a nonpoint source depending on size, location, and
				other considerations. For the purposes of this chapter, all animal feeding
				operations not required to obtain a permit from the Texas Commission on
				Environmental Quality are nonpoint sources.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 523 - AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT › Section 523.2 - Identification of Problem Areas

Current through Reg. 49, No. 28; July 12, 2024
(a) On
				its own petition or on the petition of a soil and water conservation district,
				the State Board may delineate an area having the potential to develop
				agricultural or silvicultural nonpoint source water pollution
				problems.
(b) Problem areas may be
				delineated based on the following criteria:
(1) data and information submitted by soil
				and water conservation districts;
(2) data and information obtained by the
				State Board;
(3) studies conducted
				by the State Board or soil and water conservation districts;
(4) assessments, special studies, and
				programs and research conducted relative to surface and underground water
				quality pursuant to the Federal Clean Water Act, §§106, 305b, 314,
				and 319; the Coastal Zone Act Reauthorization Amendments (CZARA), §6217;
				the National Estuary Program; the Federal Insecticide, Fungicide, and
				Rodenticide Act; the Texas Water Code, §
										26.0135;
				the Texas Clean Rivers Program and data and information collected or obtained
				by other local, state, or federal governmental entities;
(5) guidelines developed and promulgated by
				the State Board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 523 - AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT › Section 523.4 - Resolution of Complaints

Current through Reg. 49, No. 28; July 12, 2024
Complaints concerning the violation of a water quality
				  management plan or a violation of a law or rule relating to nonpoint source
				  pollution will be addressed as follows.
(1) The State Board will investigate
				complaints regarding:
(A) agricultural and
				silvicultural nonpoint sources;
(B)
				operations with a certified water quality management plan;
(C) operations that have applied for a water
				quality management plan;
(D)
				nonpoint source problems related to operations needing a water quality
				management plan; and
(E) general
				complaints regarding agricultural and silvicultural nonpoint source related
				pollution.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 525 - AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS › Subchapter A - AUDITS OF DISTRICTS › Section 525.1 - Policy Statement

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the Texas State Soil and Water
					 Conservation Board to develop and implement audit guidelines that adequately
					 safeguard assets administered within the purview of this agency in a cost
					 effective manner. In accordance with this purpose, § 525.1-
					 525.8 of
					 this subchapter (relating to Audits of Districts) are
					 adopted.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 525 - AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS › Subchapter A - AUDITS OF DISTRICTS › Section 525.2 - 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) District--A soil and
				  water conservation district created under the Agriculture Code of Texas,
				  Chapter 201.
(2) Manual of Fiscal
				  Operations--An accounting manual prepared by the State Board designed to be
				  used by each district as a manual of operations.
(3) State Board--The Texas State Soil and
				  Water Conservation Board created under the Agriculture Code of Texas, Chapter
				  201.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 525 - AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS › Subchapter A - AUDITS OF DISTRICTS › Section 525.3 - Duty to Audit

Current through Reg. 49, No. 28; July 12, 2024
(a) The directors
				  of each district created under Chapter 201, Agriculture Code of Texas, shall
				  have the district's fiscal accounts and records audited as of August 31 of each
				  even numbered year.
(b) The person
				  who performs an audit shall be a certified public accountant or public
				  accountant holding a permit from the Texas State Board of Public
				  Accountancy.
(c) The audit required
				  by this section shall be completed no later than 120 days after the end of each
				  biennial audit period.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 525 - AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS › Subchapter A - AUDITS OF DISTRICTS › Section 525.4 - Form of the Audit

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided by the Manual of Fiscal
					 Operations, an audit shall be performed according to the generally accepted
					 auditing standards adopted by the American Institute of Certified Public
					 Accountants and shall include the auditor's opinion as to the fair presentation
					 of the financial statements taken as a whole.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 525 - AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS › Subchapter A - AUDITS OF DISTRICTS › Section 525.5 - Audit Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a) A district may
				  elect to file an annual financial statement as of August 31 of each year in
				  lieu of the district's compliance with §
										525.3 of
				  this subchapter (relating to Duty to Audit) provided:
(1) the district had no long term (more than
				  one year) liabilities outstanding during the biennial period other than
				  rent/lease contracts;
(2) the
				  district did not have gross state revenues in excess of $75,000.00 in any year
				  of the biennial period;
(3) the
				  district's State Fund cash, receivables, and short term investments balances
				  were not in excess of $50,000 in any year of the biennial period;
(4) the district is not otherwise required to
				  have its accounts and records audited in compliance with a funding agreement
				  with any federal, county, or other agency; and
(5) the district is not otherwise required at
				  the discretion of the State Board to have its accounts and records audited
				  under Agriculture Code of Texas, §201.080, Records, Reports, Accounts, and
				  Audits.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 525 - AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS › Subchapter A - AUDITS OF DISTRICTS › Section 525.6 - Access to and Maintenance of District Records

Current through Reg. 49, No. 28; July 12, 2024
The State Board shall have access to all vouchers, checks,
					 receipts, district fiscal and financial records, and other district records,
					 which the State Board considers necessary for the review of an audit,
					 compilation and review, or annual financial statement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 525 - AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS › Subchapter A - AUDITS OF DISTRICTS › Section 525.7 - Filing of Audits, Compilation and Reviews, and Annual Financial Statements

Current through Reg. 49, No. 28; July 12, 2024
(a) A copy of a
				  compilation and review, audit, or annual financial statement required by this
				  subchapter shall be filed with the State Board and available to the Governor's
				  Office and the Legislative Budget Board upon request.
(b) Districts not exempted by §
										525.5
				  of this subchapter (relating to Audit Exemption) must file two copies of an
				  audit with the State Board no later than 120 days after August 31 of even
				  numbered years.
(c) Districts
				  governed by the provisions of §
										525.5(a)
				  of this subchapter must file two copies of an annual financial statement with
				  the State Board no later than 60 days after August 31 of each year. Districts
				  governed by the provisions of §
										525.5(b)
				  of this subchapter must file two copies of the compilation and review with the
				  State Board no later than 120 days after August 31 of each year.
(d) The filings required by subsections (b)
				  and (c) of this section will satisfy the filing requirement for subsection (a)
				  of this section.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 525 - AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS › Subchapter A - AUDITS OF DISTRICTS › Section 525.8 - Compliance Contingencies

Current through Reg. 49, No. 28; July 12, 2024
(a) An annual
				  financial statement must be filed no later than 60 days after August 31 of each
				  fiscal year.
(1) A District's funds will be
				  considered out of compliance and placed on "hold" status if an annual financial
				  statement is not received by the State Board by October 30 of each fiscal
				  year.
(2) A District's funds will
				  be placed on "hold" status if an annual financial statement has been received
				  by the due date but the District has not corrected errors by December 31 of
				  each fiscal year.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 525 - AUDIT REQUIREMENTS FOR SOIL AND WATER CONSERVATION DISTRICTS › Subchapter A - AUDITS OF DISTRICTS › Section 525.9 - District Divisions and Reorganizations

Current through Reg. 49, No. 28; July 12, 2024
(a) Other sections of this subchapter
				  notwithstanding an audit of the accounts and records of a district dividing,
				  reorganizing, or dissolving under the provisions of Chapter 201, Subchapter C,
				  of the Agriculture Code must be performed by an individual meeting the
				  requirements of §
										525.3(c)
				  of this subchapter (relating to Duty to Audit).
(b) The period to be covered by the audit is
				  from the date of the most recent audit or financial statement through the date
				  of division, reorganization, or dissolution.
(c) Two copies of the audit required by this
				  section must be filed with the State Board no later than 15 days prior to the
				  date of division, reorganization, or dissolution.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 527 - REMOVAL OF A DISTRICT DIRECTOR › Section 527.1 - Policy Statement

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the State Soil and Water Conservation
				  Board to encourage the service of qualified individuals as district directors
				  and to encourage they regularly attend and actively participate in all
				  scheduled district meetings; carry out the duties and responsibilities of their
				  office and comport themselves as trusted public officials. The State Soil and
				  Water Conservation Board will develop and implement a procedure to remove a
				  district director, if and when, facts lead to a determination they:
(1) neglect the duty of office;
(2) are unable, due to illness or disability,
				to discharge the duties of office;
(3) are guilty of malfeasance in office:
				or
(4) are disqualified as a voter
				in the conservation district or are disqualified to be a director in the
				numbered subdivision they represent.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 527 - REMOVAL OF A DISTRICT DIRECTOR › Section 527.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter in
				  any derivative form, shall have the following meanings, unless the context
				  clearly indicates otherwise:
(1)
				District--A Soil and Water Conservation District created under Chapter 201,
				Agriculture Code of Texas.
(2)
				State Board--The Texas State Soil and Water Conservation Board created under
				Chapter 201, Agriculture Code of Texas.
(3) Neglects the duty of office--This
				includes, but is not limited to, the district director being absent from more
				than six (6) consecutive regularly scheduled district board meetings that the
				district director is eligible and obligated to attend or are absent from more
				than half of the regularly scheduled meetings they are eligible and obligated
				to attend in any 12 month period, without an excuse approved by a majority vote
				of the district board and recorded in district board meeting minutes. It may
				also include those cases where, because of long-term illness or disability, the
				district director is unable to discharge the duties of office and the attending
				medical doctor does not believe recovery will allow the director to attend
				meetings during the remainder of their term.
(4) Malfeasance in office--This includes, but
				is not limited to, the district director being found guilty in a court of law
				of misconduct or wrongdoing for an offense relating to bribery and corrupt
				influence; perjury and other falsification; obstructing governmental operation;
				or abuse of office as defined in the Penal Code or an offense that imposes a
				legal disability to vote.
(5)
				Disqualified as a voter in the district--The district director is found to be
				less than 18 years of age; the district director does not hold title to
				farmland or ranchland lying within the conservation district; the district
				director is not actively engaged in the business of farming or animal
				husbandry; or the district director is not a resident of a county all or part
				of which is included in the district.
(6) Disqualified as a director in the
				numbered subdivision they represent--The district director does not have, or
				does not maintain the qualifications to be a district director by not owning
				land within the numbered subdivision from which they were elected or
				appointed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 527 - REMOVAL OF A DISTRICT DIRECTOR › Section 527.3 - Petition

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Board may not consider removal
				of a district director for neglecting the duty of office unless a petition, on
				a form prescribed by the State Board, signed by a majority of the district
				board of directors is submitted to the State Board. The State Board shall
				consider if the action requested by the petition is sufficient to warrant
				further action and notify the district of their decision
(b) A petition to remove a district director
				for neglect of duty, should have documentation attached that, at a minimum
				shows:
(1) that the district has made a
				reasonable effort to notify the director when meetings were
				scheduled;
(2) that the district
				has made a reasonable effort to inform the director of the importance of
				attending and participating in scheduled meetings.
(3) that the district has fair, reasonable,
				and unbiased policies for granting excused absences when notified that a
				director has a conflict with a board meeting.
(4) that the district has notified the
				director by certified mail they were proceeding with removal procedures and
				received no response, or have documentation of any response.
(5) if the removal petition is for medical
				reasons, the district must have a copy of a statement from the attending
				medical doctor expressing their belief that the director will not recover
				sufficiently to attend meeting for the remainder of their term.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 527 - REMOVAL OF A DISTRICT DIRECTOR › Section 527.4 - Notice

Current through Reg. 49, No. 28; July 12, 2024
The State Board shall direct the Executive Director to
				  contact the district director that is the subject of the hearing; the district
				  that the district director is a member of; and any other party who may have
				  brought allegations by Registered Mail, return receipt requested, informing the
				  recipients of the charges or allegations being considered in the hearing and
				  informing the recipients of the date, time and place of the hearing and
				  informing them they may present any facts they feel relevant to the issue.
				  Should the subject of the hearing not sign for receipt of registered mail, the
				  State Board may consider the use of a local process server. The hearing notice
				  shall be published and posted consistent with the requirements of §
									201.004,
				  Agriculture Code of Texas.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 527 - REMOVAL OF A DISTRICT DIRECTOR › Section 527.5 - Hearing

Current through Reg. 49, No. 28; July 12, 2024
If, after receiving a petition to remove a district director,
				  the State Board determines that cause exists, they shall direct the Executive
				  Director to have such public hearings conducted as may be needed to obtain
				  documentation and other facts necessary to consider the removal of a district
				  director for the reasons described in the petition.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 527 - REMOVAL OF A DISTRICT DIRECTOR › Section 527.6 - Determination

Current through Reg. 49, No. 28; July 12, 2024
A report of the public hearing(s) shall be presented to the
				  State Board. After reviewing all relative facts obtained at the hearing, the
				  State Board shall determine if the facts support removal of a district director
				  for the reason(s) described in the petition. The State Board shall record their
				  vote for removal and if a majority of the State Board votes for removal, the
				  district director is removed under the authority of §
									201.076(e),
				  Agriculture Code of Texas. Should the subject of the public hearing, after
				  being duly notified, does not respond and does not react to the public
				  hearing(s), the State Board may consider the lack of response to be a plea of
				  nolo contendere.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 527 - REMOVAL OF A DISTRICT DIRECTOR › Section 527.7 - Vacancy

Current through Reg. 49, No. 28; July 12, 2024
If a vacancy occurs in the office of district director for
				  any reason, the remaining district directors by majority vote shall, within six
				  months appoint a director for the unexpired term. The name of the district
				  appointee, in a form prescribed by the State Board, signed by a majority of the
				  district board of directors must be submitted for approval by the State Board
				  before taking office.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter A - OPERATION AND MAINTENANCE GRANT PROGRAM › Section 529.1 - Statutory Authority and Policy Statement

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §
										201.001(d),
					 Agriculture Code, the Texas State Soil and Water Conservation Board is
					 designated by the Texas Legislature as the state agency responsible for
					 conserving soil and related resources of this state. Within this context, the
					 State Board is charged with controlling and preventing soil erosion,
					 controlling floods, preventing the impairment of dams and reservoirs, assisting
					 in maintaining the navigability of rivers and harbors, and thereby protecting
					 and promoting the health, safety, and general welfare of the people of this
					 state. Consistent with this authority, it is the policy of the Texas State Soil
					 and Water Conservation Board to administer a grant program through local soil
					 and water conservation districts that provides financial assistance for
					 operation and maintenance activities on United States Department of Agriculture
					 Natural Resources Conservation Service assisted flood control dams. In
					 accordance with this purpose, §§ 529.1-
					 529.8
					 of this subchapter (relating to Operation and Maintenance Grant Program) are
					 adopted.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter A - OPERATION AND MAINTENANCE GRANT PROGRAM › Section 529.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings:
(1) Allocation--An amount of funding for a
				  fiscal year specified and withheld by the State Board for an eligible soil and
				  water conservation district for the reimbursement of operation and maintenance
				  activities on flood control dams.
(2) Biennium--The period of time beginning
				  September 1 of every odd numbered year and ending on August 31 twenty-four
				  months later; a biennium includes two fiscal years as defined by this
				  subchapter.
(3) Eligible soil and
				  water conservation district (SWCD)--An SWCD that is listed as a sponsor on an
				  O&M agreement for a watershed project.
(4) Fiscal year--The 12-month period of time
				  beginning September 1 of a year and ending on August 31 of the following
				  year.
(5) Flood control
				  dam--Floodwater retarding structures, also commonly referred to as flood
				  control structures, watershed structures, flood prevention or "FP" sites, and
				  certain grade stabilization structures included in the National Inventory of
				  Dams built by the federal government under one of the four following federal
				  authorizations:
(A) Public Law 78-534,
				  Section 13 of the Flood Control Act of 1944;
(B) Public Law 156-67, the pilot watershed
				  program authorized under the heading Flood Prevention of the Department of
				  Agriculture Appropriation Act of 1954;
(C) Public Law 83-566, the Watershed
				  Protection and Flood Prevention Act of 1954; and
(D) Subtitle H of Title XV of the Agriculture
				  and Flood Act of 1981, commonly known as the Resource Conservation and
				  Development Program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter A - OPERATION AND MAINTENANCE GRANT PROGRAM › Section 529.4 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Allocations of O&M grant funding will
				  be made only to eligible SWCDs.
(b)
				  Allocations transferred to other sponsors. In cases where the eligible SWCD
				  desires for the State Board to contract directly with another sponsor listed on
				  the O&M agreement for work on flood control dams within the same watershed
				  project, the eligible SWCD must submit a written request to the State Board.
				  Any written agreements providing allowance for one SWCD to perform O&M
				  activities within the boundaries of another SWCD must be submitted to the State
				  Board with the written request. All requests to make allocations to non-SWCD
				  sponsors are subject to review and approval by the State Board. Upon approval,
				  the State Board will notify the eligible SWCD and the other sponsor of the
				  allocation transfer.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter A - OPERATION AND MAINTENANCE GRANT PROGRAM › Section 529.5 - Allocation of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Allocation
				  criteria. When available, the most recent statewide survey of O&M needs and
				  cost-estimates performed by the NRCS may be used by the State Board as a basis
				  for making allocations to eligible SWCDs. The State Board may solicit
				  allocation requests directly from eligible SWCDs.
(b) Prioritization of O&M activities.
				  Eligible SWCDs and other sponsors are responsible for prioritizing the
				  scheduling and performance of O&M activities within the scope of a
				  watershed project.
(c)
				  Notification. Notification of allocations will be provided to eligible SWCDs in
				  writing by the State Board.
(d)
				  Reallocation and efficiency. The State Board may adjust allocations within a
				  fiscal year as eligible SWCD needs and the availability funds change in order
				  to achieve the most efficient use of O&M grant funds. Changes in allocation
				  amounts will be made through consultation with any eligible SWCDs whose
				  allocation amount is affected because of the change, and notification of
				  changes will be provided to affected SWCDs in writing.
(e) Effective dates of allocations.
				  Allocations are approved by the State Board for an effective period of time
				  within the fiscal year for which the funds were appropriated. The effective
				  period for an allocation is determined by the State Board and is provided to
				  eligible SWCDs in writing upon notification.
(f) Contracting. When necessary, the State
				  Board may contract with an eligible SWCD for the performance of O&M
				  activities.
(g) Emergency
				  allocations. The State Board may allocate additional funds to any eligible SWCD
				  for a specific O&M activity or activities in the event that immediate
				  action is necessary to protect human health and safety.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter A - OPERATION AND MAINTENANCE GRANT PROGRAM › Section 529.6 - Solicitation of Bids by Eligible SWCDs

Current through Reg. 49, No. 28; July 12, 2024
Solicitation of bids will be required for purchases more
					 than $50,000 in accordance with provisions of §
										271.024
					 of the Local Government Code.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter A - OPERATION AND MAINTENANCE GRANT PROGRAM › Section 529.7 - Reimbursements and Reporting Non-State Funded Match

Current through Reg. 49, No. 28; July 12, 2024
(a) Reimbursement requests. Reimbursement
				  requests for O&M activities are subject to approval by the State Board and
				  must be submitted on forms provided by the State Board.
(b) O&M agreements required.
(1) An O&M agreement must be filed with
				  the State Board at all times for reimbursement of O&M activities. If any
				  amendment is made to an O&M agreement on file with the State Board, the
				  amended O&M agreement must be submitted to the State Board prior to
				  receiving reimbursement of a request for O&M activities performed under the
				  amended agreement. Failure to submit amended O&M agreements may result in
				  reimbursement requests not being approved by the State Board.
(2) If any sponsor to an O&M agreement
				  determines that the agreement has expired or is otherwise legally invalid so
				  that participation in this program is prohibited or not feasible, then the
				  participating sponsors shall immediately notify the State Board. The
				  participating sponsors shall submit a new O&M agreement within six months
				  of notification to the State Board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter A - OPERATION AND MAINTENANCE GRANT PROGRAM › Section 529.8 - Technical Standards for O&M Activities

Current through Reg. 49, No. 28; July 12, 2024
Technical standards may be adopted by the State Board for
					 certain O&M activities. Technical standards adopted by the State Board will
					 be made available to eligible SWCDs upon notification of
					 allocation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.50 - Statutory Authority and Policy Statement

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to §
										201.001(d),
					 Agriculture Code, the Texas State Soil and Water Conservation Board is
					 designated by the Texas Legislature as the state agency responsible for
					 conserving soil and related resources of this state. Within this context, the
					 State Board is charged with controlling and preventing soil erosion,
					 controlling floods, preventing the impairment of dams and reservoirs, assisting
					 in maintaining the navigability of rivers and harbors, and thereby protecting
					 and promoting the health, safety, and general welfare of the people of this
					 state. Consistent with this authority, it is the policy of the Texas State Soil
					 and Water Conservation Board to administer a grant program through local soil
					 and water conservation districts and other flood control dam sponsors that
					 provides financial assistance for structural repair activities on United States
					 Department of Agriculture Natural Resources Conservation Service assisted flood
					 control dams. In accordance with this purpose, §§
										529.51-
					 529.62
					 of this subchapter (relating to Structural Repair Grant Program) are
					 adopted.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.51 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings:
(1) Authorized representative--An individual
				  representing all sponsors identified on an application for structural repair
				  grant funds. The authorized representative shall be the single point of contact
				  for all communications regarding an application.
(2) Eligible applicant--A partnership of all
				  entities listed as a sponsor on a watershed agreement for a watershed
				  project.
(3) Fiscal year--The
				  12-month period of time beginning September 1 of a year and ending on August 31
				  of the following year.
(4) Flood
				  control dam--Floodwater retarding structures, also commonly referred to as
				  flood control structures, watershed structures, flood prevention or "FP" sites,
				  and certain grade stabilization structures included in the National Inventory
				  of Dams built by the federal government under one of the four following federal
				  authorizations:
(A)
											Public Law
				  78-534,
				  Section
				  13 of the Flood Control Act of
				  1944;
(B)
											Public Law
				  156-67, the pilot watershed program authorized
				  under the heading Flood Prevention of the Department of Agriculture
				  Appropriation Act of 1954;
(C)
											Public Law
				  83-566, the Watershed Protection and Flood
				  Prevention Act of 1954; and
(D)
				  Subtitle H of Title XV of the Agriculture and Flood Act of 1981, commonly known
				  as the Resource Conservation and Development Program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.52 - Administration of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) General Fiscal
				  Provisions. SWCD sponsors entering into a contract with the State Board for
				  structural repair activities must comply with all applicable provisions within
				  the Manual of Fiscal Operations for Soil and Water Conservation Districts
				  unless the contract scope of work specifies otherwise. The Manual of Fiscal
				  Operations for Soil and Water Conservation Districts is approved and
				  periodically amended by the State Board and is available on the State Board's
				  website; hardcopies of this manual may be requested from the State
				  Board.
(b) Sources of funding. The
				  amount of funding made available for structural repair grants during a fiscal
				  year will be determined by the State Board out of funds appropriated by the
				  Texas Legislature. Other sources of funding may be used for structural repair
				  grants by the State Board if applicable and when available. Funds will be
				  obligated by contract between the State Board and sponsors for the period of
				  time specified within a contract.
(c) Reimbursement only. Payment will be made
				  on a reimbursement basis only.
(d)
				  Activities eligible for reimbursement. Funds may be used to reimburse costs
				  associated with the performance of structural repair activities as defined by
				  this subchapter on flood control dams, as well as costs associated with the
				  purchasing of easements, engineering design, performance inspections, and any
				  other structural repair activities approved by the State Board at their
				  discretion. Legal fees associated with purchasing easements and land rights
				  determinations may be eligible for reimbursement if specified in a contract
				  scope of work executed between the State Board and sponsors.
(e) There is no non-state funded matching
				  requirement for projects awarded grant funding under this subchapter.
(f) Administrative costs of sponsors.
				  Contracts between the State Board and sponsors may include an amount for
				  administration not to exceed 5-percent of the total contract amount.
(g) Utilizing structural repair grant funds
				  for O&M. Contracts between the State Board and sponsors may include funds
				  for performing O&M activities as defined by §
										529.2(9) of this
				  chapter if those activities are included in the contract scope of
				  work.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.53 - Prioritization of Structural Repair Needs

Current through Reg. 49, No. 28; July 12, 2024
It is the intent of the State Board that flood control dam
					 sponsors prioritize structural repair needs within their respective
					 jurisdictions. The act of submitting an application for structural repair grant
					 funds shall be interpreted by the State Board as consensus that the projects
					 identified in the application are the highest priorities mutually selected by
					 all sponsors.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.54 - Request for Applications

Current through Reg. 49, No. 28; July 12, 2024
The State Board may publish a request for applications for
					 structural repair grants. The amount of funding made available through the
					 request for applications will be determined by the State Board. Upon being made
					 aware of flood control dam structural repair needs not identified on an
					 application received as a result of the request for applications, the State
					 Board may independently solicit for contractors to complete a structural repair
					 project.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter B - STRUCTURAL REPAIR GRANT PROGRAM › Section 529.55 - Submitting an Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications
				  must be submitted on forms provided by the State Board.
(b) All applications must have certification
				  signatures by authorized individuals from all sponsors identified in the
				  applicable watershed agreement with O&M responsibility for the flood
				  control dam(s) on which repairs are proposed acknowledging and approving the
				  application prior to it being submitted to the State Board for consideration.
				  Certification by signature means the sponsor agrees to cooperate on the project
				  with the other sponsors and may consider entering into a contract with the
				  State Board relating to the project's completion. Where one or more of the
				  sponsors listed on the watershed agreement is no longer formally in existence,
				  the remaining sponsors should contact the State Board prior to submitting an
				  application for additional guidance.
(c) Each application must identify one
				  individual as the person that will represent all sponsors identified on the
				  application. The authorized representative shall be the single point of contact
				  for all communications regarding an application.
(d) Each application must include cost
				  estimates for the entire project. Cost estimates must be categorized by
				  construction, easement purchasing, and legal fees.
(e) Each application must specify the length
				  of time in which the project is anticipated to be completed.
(f) Submittal of an application does not
				  constitute a contractual agreement or a promise of a contractual agreement
				  between the State Board and any entity.