reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 30 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 30.50 - Consistency Review of Federal Assistance Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) Consistency Review of Federal Assistance.
				When reviewing applications for federal assistance to state and local
				governments as provided for in §
									30.12(a)(3) of
				this chapter for consistency with the enforceable policies of the CMP, the GLO
				shall conform to the requirements and procedures set out in 15 CFR Part 930,
				subpart F (subpart F).
(b) Review
				Materials. For review of federal assistance to state and local governments, the
				applicant agency must submit to the GLO the materials described in subpart F.
				The application for federal assistance should include a brief evaluation of the
				proposed projects consistency with the CMP goals and policies as provided for
				in subpart F.
(c) Request for
				Information. If information is needed, the GLO shall request the information
				within fifteen (15) days from the date the application is received by the GLO.
				Information that may be requested is identified in subpart F. If information is
				not requested within the specified timeframe, the application shall be deemed
				administratively complete.
(d)
				Referral to Commissioner. To refer a matter to the commissioner for an elevated
				consistency review, at least three committee members must agree that a
				significant unresolved issue exists regarding consistency with the CMP goals
				and enforceable policies. At least three committee members must also submit in
				writing a letter or email addressed to the CMP coordinator that requests the
				matter at issue to be referred to the commissioner for an elevated consistency
				review. The referral letter or email should identify any enforceable policies
				that are unresolved and address any potential impacts.
(e) Commissioner Review. Following referral
				of a federal assistance activity to the commissioner for an elevated
				consistency review, the commissioner shall consider:
(1) applicable CMP goals and enforceable
				policies set out in 31 TAC Ch. 26;
(2) information submitted by the federal
				agency or applicant; and
(3) other
				relevant information to determine whether the proposed action is consistent
				with the CMP goals and enforceable policies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 30 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 30.60 - Equivalent Federal and State Actions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Below Thresholds. If a proposed activity requiring a state agency or
				subdivision action falls below thresholds for referral approved under Chapter
				29, Subchapter B of this title (relating to Commissioner Certification of State
				Agency Rules and Approval of Thresholds for Referral) and requires an
				equivalent federal permit or license under this chapter, the GLO may only
				determine the state agency or subdivision action's consistency by using the
				process provided in Chapter 29 of this title (relating to Commissioner
				Procedure for State Consistency with Coastal Management Program Goals and
				Policies). The GLO's determination regarding the consistency of an action under
				this subsection constitutes the state's determination regarding consistency of
				the equivalent federal action.
(b)
				Above Thresholds. If an activity requiring a state agency or subdivision action
				is above thresholds and requires an equivalent federal permit or license, the
				GLO may determine the consistency of the state agency or subdivision action or
				the federal license or permit but may only conduct either a state or a federal
				consistency review, not both. Texas Natural Resource Code, §33.206(f), as
				amended by SB 656.
(c) Equivalent
				State Action or Federal Action. Determinations regarding the consistency of an
				action made by the GLO under subsections (a) and (b) of this section constitute
				the state's determination regarding consistency of the equivalent agency or
				subdivision action or federal action. Texas Natural Resource Code,
				§33.206(f), as amended by SB 656.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter A - PROCEDURES FOR THE ADOPTION OF RULES › Section 51.2 - Content and Submission of Petitions for Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person, referred to herein as
				  'petitioner,' by submitting an administratively complete petition as set forth
				  in subsection (b) of this section, may request that the department adopt,
				  amend, or repeal a rule. Petitions will be deemed submitted only when actually
				  received in written form by the department.
(b) A petition shall be deemed
				  administratively complete when the following conditions have been satisfied. A
				  petition shall:
(1) clearly state or describe
				  the complete text of the proposed rule or amendment, or describe the rule to be
				  repealed together with the text to be repealed;
(2) explain the reason or justification for
				  the requested regulatory action; and
(3) be accompanied by a mailing address,
				  electronic mail address, and/or telephone number for the petitioner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter A - PROCEDURES FOR THE ADOPTION OF RULES › Section 51.3 - Consideration and Disposition of Petitions for Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) An administratively complete petition
				  shall be referred to the appropriate agency personnel for review and
				  recommended action.
(b) Within 15
				  days of receiving a petition, agency personnel shall make a recommendation to
				  the executive director to either deny the petition or initiate rulemaking, and
				  shall include reasons for the recommendation.
(c) The executive director shall forward to
				  each member of the commission a copy of the petition and the staff
				  recommendation.
(d) If the staff
				  recommendation is to initiate rulemaking, the executive director shall place
				  the petition on the agenda of a commission meeting and notify the petitioner in
				  writing of the date, time, and place of the commission meeting at which the
				  petition will be deliberated.
(e)
				  If the staff recommendation is to deny the rulemaking and, by the 50th day
				  following the submission of the petition, no member of the commission has
				  determined that further deliberations are warranted, the petition will be
				  considered denied. The department shall notify the petitioner in writing of the
				  staff recommendation and final disposition of the petition by no later than the
				  60th day after submission of the petition.
(f) In the event that rulemaking is to be
				  initiated as a result of a petition involving any portion of Chapter 65,
				  Subchapter A of this title (relating to Statewide Hunting Proclamation), or
				  Chapter 57, Subchapter N of this title (relating to Statewide Recreational and
				  Commercial Fishing Proclamation), the department may defer the rulemaking
				  activity until such time as it initiates other rulemaking activity involving
				  Chapter 65, Subchapter A of this title or Chapter 57, Subchapter N of this
				  title.
(g) If a petition for
				  rulemaking seeks essentially the same action as a petition that has been denied
				  within the preceding six months, then the executive director may deny the
				  petition without forwarding the petition to commissioners.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter B - AUTHORITY TO CONTRACT › Section 51.60 - Authority to Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				  director or the executive director's designee may execute an agreement on
				  behalf of the department, including but not limited to a contract for the
				  purchase of goods or services that has a value exceeding $1 million, provided
				  the agreement is in the best interests of the department.
(b) Subject to the provisions of subsection
				  (a) of this section, the executive director shall develop and implement
				  internal policies and procedures to ensure that:
(1) contracts are awarded in a manner that is
				  fair and equitable and in compliance with applicable statutes and regulations;
				  and
(2) contracts and contract
				  templates are reviewed and approved by appropriate agency staff, including, but
				  not limited to, the general counsel or designated attorney prior to final
				  approval and signature.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter C - EMPLOYEE FUNDRAISING AND SPONSORSHIPS › Section 51.70 - Gifts to the Department

Current through Reg. 49, No. 28; July 12, 2024
(a) Gifts of money
				  or property $500 or more may be accepted by the executive director or his or
				  her designee contingent upon approval by the Chair or Vice Chair of the
				  commission or a commissioner authorized to approve such gifts pursuant to the
				  commission's budget policy. The department may not accept or receive gifts or
				  bequests from any source until such gifts or bequests have been approved for
				  acceptance by the executive director or his or her designee. Acceptance of
				  gifts is hereby delegated as follows.
(1)
				  Gifts or improvements valued at $499.99 or less and intended to aid a specific
				  division or facility of the department may be approved for acceptance by the
				  manager of the facility affected by the gift or other employees designated by
				  the executive director.
(2) Gifts
				  or improvements valued at greater than $499.99 and less than or equal to $5,000
				  may be contingently accepted by the division director responsible for the
				  facility affected by the gift or use of the gift.
(3) Gifts or improvements valued at greater
				  than $5,000 may be contingently accepted by the executive director or his or
				  her designee. All gifts of real property or interests in real property may be
				  accepted only by the commission.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter C - EMPLOYEE FUNDRAISING AND SPONSORSHIPS › Section 51.71 - Employee Fundraising Activities

Current through Reg. 49, No. 28; July 12, 2024
This section applies only to the solicitation or acceptance
					 of a gift equal to or greater than $500 in value by a person employed by the
					 Texas Parks and Wildlife Department.
(1) An employee may solicit and accept a
				  donation or gift in accordance with this subchapter as a part of the employee's
				  officially authorized duties.
(2)
				  An employee authorized to solicit or receive a gift or donation under this
				  subchapter shall maintain an accurate record of all such activities undertaken
				  at state expense, and shall forward such records quarterly to the executive
				  director or his or her designee.
(3) An employee whose job duties include
				  regulatory oversight of a business organization or other entity may not solicit
				  or accept a gift or donation on behalf of the department from that entity. This
				  does not prohibit soliciting or accepting a gift or donation from the holder of
				  a noncommercial hunting or fishing license or a license issued under Parks and
				  Wildlife Code, Chapter 43, Subchapter D or F.
(4) No employee may solicit or accept a gift
				  or donation as a consequence of administering or enforcing state law or a
				  department regulation or policy.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter C - EMPLOYEE FUNDRAISING AND SPONSORSHIPS › Section 51.72 - Youth-Appropriate Advertising

Current through Reg. 49, No. 28; July 12, 2024
Advertising that is appropriate for youth viewing, within
					 the meaning of Parks and Wildlife Code, §
										11.0172(c),
					 means advertising that does not include any alcohol or tobacco
					 products.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter D - EDUCATION › Section 51.80 - Mandatory Hunter Education

Current through Reg. 49, No. 28; July 12, 2024
(a) Hunter Education
				  Course.
(1) The Hunter Education Course must
				  consist of instruction on the following subjects:
(A) the safe handling and use of firearms and
				  archery equipment;
(B) wildlife
				  conservation and management;
(C)
				  hunting laws and regulations of this state; and
(D) hunting safety and ethics, including
				  landowners' rights.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter D - EDUCATION › Section 51.81 - Mandatory Boater Education

Current through Reg. 49, No. 28; July 12, 2024
(a) All courses
				  approved for certification and equivalency exam processes must be approved by
				  the department and must satisfy the minimum national standards adopted by the
				  National Association of State Boating Law Administrators in effect on June 1,
				  2022.
(b) Courses and equivalency
				  exams shall consist of the following subjects:
(1) Boats--boat uses, capacities, trailers,
				  equipment, numbering, titling;
(2)
				  Boating safety--accident causes, prevention and emergency procedures;
(3) Boating operation--preparation, float
				  plans, navigation rules, navigation aids, local hazards and weather;
(4) State laws--Texas Water Safety Act,
				  Boating While Intoxicated (BWI) Laws, violation prevention and basic boating
				  responsibilities; and
(5)
				  Information on how to prevent the spread of exotic harmful or potentially
				  harmful aquatic plants, fish, and shellfish, including department-approved
				  methods for cleaning:
(A) a boat;
(B) a boat's motor;
(C) fishing and other equipment;
				  and
(D) a boat trailer.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter E - LEAVE POOLS › Section 51.141 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A sick leave pool is established to provide for the
					 alleviation of hardship caused to an employee and the employee's family if a
					 catastrophic illness or injury forces the employee to exhaust all leave time
					 earned by that employee and to lose compensation from the state.
(1) The director of human resources is
				  designated as the pool administrator.
(2) The pool administrator, with the advice
				  and consent of the executive director, will establish operating procedures
				  consistent with the requirements of this section and relevant law governing
				  operation of the pool.
(3)
				  Donations to the pool are strictly voluntary.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter E - LEAVE POOLS › Section 51.142 - Family Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A family leave pool is established to provide eligible
					 employees more flexibility in bonding and caring for children during a child's
					 first year following birth, adoption, or foster placement, and caring for a
					 seriously ill family member or the employee, including pandemic-related
					 illnesses or complications caused by a pandemic.
(1) The director of human resources is
				  designated as the pool administrator.
(2) The pool administrator, with the advice
				  and consent of the executive director, will establish operating procedures
				  consistent with the requirements of this section and relevant law governing
				  operation of the pool.
(3)
				  Donations to the pool are strictly voluntary.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter E - LEAVE POOLS › Section 51.143 - Peace Officer Legislative Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A leave pool is established to provide peace officers commissioned by the department with the opportunity to use annual leave or compensatory time donated to the pool for use as legislative leave on behalf of a law enforcement association.
(1) The director of human resources is designated as the pool administrator.
(2) The pool administrator, with the advice and consent of the executive director, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool.
(3) Donations to the pool are strictly voluntary.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter F - VEHICLES › Section 51.151 - Vehicle Inscriptions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  commission authorizes the executive director to assign any law enforcement or
				  headquarters staff employee to operate departmental vehicles without
				  inscriptions.
(b) Uninscribed
				  vehicles will be other than those operated for routine patrol duty or which are
				  normally used to conduct ordinary public business of the department.
(c) Uninscribed vehicles will be used
				  primarily to conduct law enforcement investigations and to carry out special
				  assignments made by the executive director when it is advantageous for
				  successful enforcement of the law and to reach goals of the department as
				  established by the legislature and the commission.
(d) The commission authorizes the executive
				  director to approve inscriptions other than those described in Transportation
				  Code, Chapter 721, so long as such inscriptions:
(1) do not obscure any required
				  inscriptions;
(2) have been
				  approved in writing in advance by the department's executive director or
				  designee;
(3) are in the best
				  interest of the department and do not conflict with the department's mission
				  and goals; and
(4) are not more
				  prominent than and do not overshadow the role of the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter F - VEHICLES › Section 51.152 - Assignment and Use of Agency Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each agency vehicle, with the exception of a vehicle assigned to a field
				  employee, shall be assigned to the agency motor pool and be available for
				  checkout.
(b) The agency may assign
				  a vehicle to an individual administrative or executive employee on a regular
				  basis only if the agency makes a written documented finding that the assignment
				  is critical to the needs and mission of the agency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter G - NONPROFIT ORGANIZATIONS › Section 51.162 - Criteria and General Requirements

Current through Reg. 49, No. 28; July 12, 2024
All NPs must meet the requirements and criteria of this
					 section.
(1) In order to be considered
				  a NP of the department, the nonprofit organization must be designated by the
				  commission voting in a public meeting. The commission will designate an ONP, as
				  necessary.
(2) The commission may
				  remove a nonprofit partner from the NP list.
(3) All NPs must carry out the fiscal,
				  business, legal, and tax responsibilities of a nonprofit entity as required by
				  state and federal law.
(4) NPs must
				  have obtained from the Internal Revenue Service a valid determination letter
				  that it is an organization described in §501(c) of the Internal Revenue
				  Code of 1986 (Title 26, United States Code), as amended. Such a letter must be
				  obtained no later than 180 days after being designated by the commission as a
				  NP.
(5) A NPs' work with the
				  department must be consistent with the department's mission and
				  goals.
(6) Upon dissolution, a NP
				  may be required to dispose of funds raised for the benefit of the department in
				  a way that will benefit the department, in accordance with applicable
				  law.
(7) NPTs must be incorporated
				  in accordance with the Texas Nonprofit Corporation Act (Business Organizations
				  Code, Chapter 22).
(8) Within 60
				  days of its designation as a nonprofit partner, each NP must enter into an
				  agreement with the department detailing the responsibilities and duties of the
				  nonprofit partner and the department. Each NP must maintain such an agreement
				  with the department for as long as the entity is designated as a NP. The
				  agreement may also address the obligations of a NP upon termination of the
				  relationship between the NP and the department, including termination resulting
				  from the dissolution of the NP.
(9)
				  NPs must promptly notify the department of any change in its legal or
				  tax-exempt status.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter G - NONPROFIT ORGANIZATIONS › Section 51.164 - Best Practices (Officers and Directors)

Current through Reg. 49, No. 28; July 12, 2024
(a) All officers and directors of NPs must
				  receive a copy of or a link to the department's Land and Water Resources
				  Conservation and Recreation Plan.
(b) In addition to subsection (a) of this
				  section, NPs must comply with the best practices regarding officers and
				  directors as prescribed in this section.
(1)
				  NPs must adopt and maintain a conflict of interest policy, which includes
				  safeguards to prevent board members or their families from benefiting
				  financially from any business decision of the NP.
(2) NPs shall ensure that any compensation
				  paid to executives or managers is reasonable.
(3) NPs shall not elect or designate or
				  otherwise select a department employee as an officer or director, other than as
				  a non-voting uncompensated representative of the department.
(4) NPs shall hold regular meetings of its
				  Board of Directors.
(5) NPs shall
				  ensure that each board member and/or director is fully informed of activities
				  and shall provide the following information to new board members:
(A) articles of incorporation and
				  by-laws;
(B) most recent financial
				  statements;
(C) department rules on
				  NPs and sponsorship; and
(D)
				  current agreements with the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter G - NONPROFIT ORGANIZATIONS › Section 51.165 - Best Practices (Fundraising)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All NPs must comply with the requirements of this subsection regarding
				  fundraising.
(1) NPs may conduct fundraising
				  to provide additional funds for department operations, to enhance department
				  programs, to provide long-term endowments for department programs, to
				  facilitate special projects, or otherwise support the department in carrying
				  out its mission, but only as agreed in writing by the department in
				  advance.
(2) NPs may undertake
				  programs for the benefit of the department, so long as such programs are
				  related to and supportive of the department's mission and are agreed to in
				  writing by the department in advance. A single agreement may cover multiple
				  programs.
(3) NPs shall decline
				  donations that require actions, including recognition, by the department for
				  which the department has not given prior written consent.
(4) Funds accepted by a NP for the benefit of
				  the department are to be managed as a reasonably prudent person would manage
				  funds if acting on his or her own behalf and such funds are to be accounted for
				  according to Generally Accepted Accounting Principles (GAAP).
(5) All projects undertaken for the
				  department by a CRNP must be related to and supportive of the facility,
				  property, or program with which a CRNP is associated or must further the CRNP's
				  mission related to the facility, property or program.
(6) All donations to a CRNP must benefit the
				  facility, property, or program with which the CRNP is associated or must
				  further the CRNPs mission related to the facility, property, or
				  program.
(7) For purposes of this
				  subsection, a donation for the purpose of defraying the CRNP's operating costs
				  furthers the CRNP's mission related to the facility, property, or
				  program.
(8) NPs shall adopt
				  procedures that address acceptance and granting of funds raised to benefit
				  projects and/or programs of the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter G - NONPROFIT ORGANIZATIONS › Section 51.166 - Best Practices (Sponsorship)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  NPs may solicit and accept sponsorships for department programs, so long as the
				  NP complies with the provisions of this subsection and other written guidance
				  that may be provided by the department.
(1)
				  All sponsorships of department programs and the level of sponsorship
				  recognition provided by the department must have prior written approval of the
				  department as set forth in this paragraph.
(A) A statewide sponsorship and the
				  associated sponsorship recognition must have prior written approval by the
				  director.
(B) A local sponsorship
				  and the associated sponsorship recognition must have prior written approval by
				  the regional director or equivalent whose area of responsibility includes the
				  facility, property or program to be supported by the local
				  sponsorship.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter G - NONPROFIT ORGANIZATIONS › Section 51.167 - Department Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				  will maintain and periodically update a list of CRNPs. This list will be made
				  available to the public.
(b) The
				  department will not obligate NP funds or property except by written agreement
				  signed by the NP.
(c) The ONP may
				  reimburse department employees for legitimate, documented expenses.
				  Additionally, the ONP may award scholarships to department employees from
				  private, donor-directed sources, so long as there is a benefit to the
				  department.
(d) The department may
				  develop model policies and procedures for adoption by NPs. Where a NP is
				  required by these rules to adopt a policy or procedure, adoption of the model
				  policy or procedure shall be deemed to comply with that requirement.
(e) All donations to the department of $500
				  or more must be approved by commission, voting in public session.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter H - GENERAL PLAN FOR PRESCRIBED BURNING ON TPWD LANDS › Section 51.170 - General Plan for Prescribed Burning on TPWD Lands

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the intent of the department that
				  the department's General Plan for Prescribed Burning on TPWD Lands comply with
				  the requirements of the prescribed burn plan required by Parks and Wildlife
				  Code, §
										11.351.
(b) The department's General Plan for
				  Prescribed Burning on TPWD Lands is adopted by reference.
(c) The department will maintain the current
				  version of the General Plan for Prescribed Burning on TPWD Lands on the
				  department's website at
www.tpwd.texas.gov
along with the contact
				  information of appropriate department staff for the benefit of interested
				  parties.
(d) The department will
				  publish notice in the
Texas Register
and seek input from
				  interested parties when major modifications to the General Plan for Prescribed
				  Burning on TPWD Lands (such as changes in procedures or notification processes)
				  are contemplated. Public notice of an opportunity to comment will be provided
				  at least 30 days prior to the effective date of any changes to the policy. The
				  public notice will describe the proposed modifications and the reasons for the
				  modifications, and how comments on the proposed modifications may be submitted
				  to the department.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter I - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 51.171 - Historically Underutilized Business Program

Current through Reg. 49, No. 28; July 12, 2024
The Texas Parks and Wildlife Commission adopts by reference
					 the provisions of 34 TAC Chapter 20, Subchapter B.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.200 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter does not apply to an
				  action of the department for which a contractor is entitled to a specific
				  remedy pursuant to state or federal constitution or statute.
(b) This subchapter does not apply to
				  contracts:
(1) between Texas Parks and
				  Wildlife Department and the federal government or its agencies, another state
				  or another nation;
(2) between two
				  or more units of state government;
(3) between the department and a local
				  governmental body, or a political subdivision of another state;
(4) between a subcontractor and a
				  contractor;
(5) subject to
				  Transportation Code, §
											201.112;
(6) within the exclusive jurisdiction of
				  state or local regulatory bodies;
(7) within the exclusive jurisdiction of
				  federal courts or regulatory bodies;
(8) that are solely and entirely funded by
				  federal grant monies other than for a project defined in §
											51.201(10)
				  of this title (relating to Definitions); or
(9) subject to Civil Practice and Remedies
				  Code, Chapter 114.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.201 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meaning, unless the context clearly
					 indicates otherwise:
(1) Chief
				  administrative officer--The executive director, or other executive officer
				  responsible for the day to day operations of the department.
(2) Claim--A demand for damages by the
				  contractor based upon the department's alleged breach of the
				  contract.
(3) Contract--A written
				  contract between the department and a contractor by the terms of which the
				  contractor agrees either:
(A) to provide
				  goods or services, by sale or lease, to or for the department; or
(B) to perform a Project.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.202 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures contained in this chapter are exclusive and
					 required prerequisites to suit under Civil Practice and Remedies Code, Chapter
					 107, and Government Code, Chapter 2260.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.203 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
This chapter does not waive the department's sovereign
					 immunity to suit or liability.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.204 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor asserting a claim of breach
				  of contract under Government Code, Chapter 2260, shall file notice of the claim
				  as provided by this section.
(b)
				  The notice of claim shall:
(1) be in writing
				  and signed by the contractor or the contractor's authorized
				  representative;
(2) be delivered by
				  hand, certified mail return receipt requested, or other verifiable delivery
				  service, to the officer of the department designated in the contract to receive
				  a notice of claim of breach of contract under Government Code, Chapter 2260; if
				  no person is designated in the contract, the notice shall be delivered to the
				  division director, and shall state in detail:
(A) the nature of the alleged breach of
				  contract, including the date of the event that the contractor asserts as the
				  basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
				  from the alleged breach, including the amount and method used to calculate
				  those damages; and
(C) the legal
				  theory of recovery, i.e., breach of contract, including the causal relationship
				  between the alleged breach and the damages claimed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.205 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) the
				  department in asserting a counterclaim under the Government Code, Chapter 2260,
				  shall file notice of the counterclaim as provided by this section.
(b) The notice of counterclaim shall:
(1) be in writing;
(2) be delivered by hand, certified mail
				  return receipt requested or other verifiable delivery service to the contractor
				  or representative of the contractor who signed the notice of claim of breach of
				  contract; and shall state in detail:
(A) the
				  nature of the counterclaim;
(B) a
				  description of damages or offsets sought, including the amount and method used
				  to calculate those damages or offsets; and
(C) the legal theory supporting the
				  counterclaim.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.206 - Request for Voluntary Disclosure of Additional Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the filing of a claim or
				  counterclaim, parties may request to review and copy information in the
				  possession or custody or subject to the control of the other party that
				  pertains to the contract claimed to have been breached, including, without
				  limitation:
(1) accounting records;
(2) correspondence, including, without
				  limitation, correspondence between the unit and outside consultants it utilized
				  in preparing its bid solicitation or any part thereof or in administering the
				  contract, and correspondence between the contractor and its subcontractors,
				  materialmen, and vendors;
(3)
				  schedules;
(4) the parties'
				  internal memoranda;
(5) documents
				  created by the contractor in preparing its offer to the unit and documents
				  created by the unit in analyzing the offers it received in response to a
				  solicitation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.207 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the
					 timetable set forth in §
										51.208 of
					 this title (relating to Timetable) to attempt to resolve all claims and
					 counterclaims. No party is obligated to settle with the other party as a result
					 of the negotiation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.208 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following receipt of a contractor's
				  notice of claim, the executive director of the department or other
				  representative designated in the contract shall review the contractor's
				  claim(s) and the department's counterclaim(s), if any, and initiate
				  negotiations with the contractor to attempt to resolve the claim(s) and
				  counterclaim(s).
(b) Subject to
				  subsection (c) of this section, the parties shall begin negotiations within a
				  reasonable period of time, not to exceed 60 days following the later of:
(1) the date of termination of the
				  contract;
(2) the completion date,
				  or substantial completion date in the case of construction projects, in the
				  original contract; or
(3) the date
				  the department receives the contractor's notice of claim.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.209 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Negotiation
				  is a consensual bargaining process in which the parties attempt to resolve a
				  claim and counterclaim. A negotiation under this subchapter may be conducted by
				  any method, technique, or procedure authorized under the contract or agreed
				  upon by the parties, including, without limitation, negotiation in person, by
				  telephone, by correspondence, by video conference, or by any other method that
				  permits the parties to identify their respective positions, discuss their
				  respective differences, confer with their respective advisers, exchange offers
				  of settlement, and settle.
(b) The
				  parties may conduct negotiations with the assistance of one or more neutral
				  third parties. If the parties choose to mediate their dispute, the mediation
				  shall be conducted in accordance with this subchapter. Parties may choose an
				  assisted negotiation process other than mediation, including without
				  limitation, processes such as those described in §
										51.224
				  of this title (relating to Assisted Negotiation Processes) and §
										51.225
				  of this title (relating to Alternative Dispute Resolution).
(c) To facilitate the meaningful evaluation
				  and negotiation of the claim(s) and any counterclaim(s), the parties may
				  exchange relevant documents that support their respective claims, defenses,
				  counterclaims or positions.
(d)
				  Material submitted pursuant to this subsection and claimed to be confidential
				  by the contractor shall be handled pursuant to the requirements of Government
				  Code, Chapter 552.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.210 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed prior to, or at the beginning of, negotiations. To the extent
					 possible, the parties shall select negotiators who are knowledgeable about the
					 subject matter of the dispute, who are in a position to reach agreement, and
					 who can credibly recommend approval of an agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.211 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
				  agreement may resolve an entire claim or any designated and severable portion
				  of a claim.
(b) To be enforceable,
				  a settlement agreement must be in writing and signed by representatives of the
				  contractor and the department who have authority to bind each respective
				  party.
(c) A partial settlement
				  does not waive a parties' rights under the Government Code, Chapter 2260, as to
				  the parts of the claims or counterclaims that are not resolved.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.212 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
					 responsible for its own costs incurred in connection with a negotiation,
					 including, without limitation, the costs of attorney's fees, consultant's fees
					 and expert's fees.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.213 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If a claim for breach of contract is not
				  resolved in its entirety through negotiation, mediation or other assisted
				  negotiation process in accordance with this chapter on or before the 270th day
				  after the department receives the notice of claim, or after the expiration of
				  any extension agreed to by the parties pursuant to §
										51.208(f)
				  of this title (relating to Timetable), the contractor may file a request with
				  the department for a contested case hearing before SOAH.
(b) A request for a contested case hearing
				  shall state the legal and factual basis for the claim, and shall be delivered
				  to the executive director of the department or other officer designated in the
				  contract to receive notice within a reasonable time after the 270th day or the
				  expiration of any written extension agreed to pursuant to §
										51.208(f)
				  of this subchapter.
(c) The
				  department shall forward the contractor's request for contested case hearing to
				  SOAH within a reasonable period of time, not to exceed thirty days, after
				  receipt of the request.
(d) The
				  parties may agree to submit the case to SOAH before the 270th day after the
				  notice of claim is received by the department if they have achieved a partial
				  resolution of the claim or if an impasse has been reached in the negotiations
				  and proceeding to a contested case hearing would serve the interests of
				  justice.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.214 - Mediation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor
				  and the department may agree to mediate the dispute at any time before the
				  270th day after the department receives a notice of claim of breach of
				  contract, or before the expiration of any extension agreed to by the parties in
				  writing.
(b) A contractor and the
				  department may mediate the dispute even after the case has been referred to
				  SOAH for a contested case. SOAH may also refer a contested case for mediation
				  pursuant to its own rules and guidelines, whether or not the parties have
				  previously attempted mediation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.215 - Conduct of Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Mediation is a
				  consensual process in which an impartial third party, the mediator, facilitates
				  communication between the parties to promote reconciliation, settlement, or
				  understanding among them. A mediator may not impose his or her own judgment on
				  the issues for that of the parties. The mediator must be acceptable to both
				  parties.
(b) The mediation is
				  subject to the provisions of the Governmental Dispute Resolution Act,
				  Government Code, Chapter 2009. For purposes of this subchapter, "mediation" is
				  assigned the meaning set forth in the Civil Practice and Remedies Code, §
										154.023.
(c) To facilitate a meaningful opportunity
				  for settlement, the parties shall, to the extent possible, select
				  representatives who are knowledgeable about the dispute, who are in a position
				  to reach agreement, or who can credibly recommend approval of an
				  agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 2 - TEXAS PARKS AND WILDLIFE DEPARTMENT › Chapter 51 - EXECUTIVE › Subchapter J - CONTRACT DISPUTE RESOLUTION › Section 51.216 - Agreement to Mediate

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties may
				  agree to use mediation as an option to resolve a breach of contract claim at
				  the time they enter into the contract and include a contractual provision to do
				  so. The parties may mediate a breach of contract claim even absent a
				  contractual provision to do so if both parties agree.
(b) Any agreement to mediate should include
				  consideration of the following factors:
(1)
				  The source of the mediator. Potential sources of mediators include governmental
				  officers or employees who are qualified as mediators under Civil Practice and
				  Remedies Code, §
											154.052,
				  private mediators, SOAH, the Center for Public Policy Dispute Resolution at The
				  University of Texas School of Law, an alternative dispute resolution system
				  created under Civil Practice and Remedies Code, Chapter 152, or another state
				  or federal agency or through a pooling agreement with several state agencies.
				  Before naming a mediator source in a contract, the parties should contact the
				  mediator source to be sure that it is willing to serve in that capacity. In
				  selecting a mediator, the parties should use the qualifications set forth in
				  §
											51.217
				  of this title (relating to Qualifications and Immunity of Mediator).
(2) The time period for the mediation. The
				  parties should allow enough time in which to make arrangements with the
				  mediator and attending parties to schedule the mediation, to attend and
				  participate in the mediation, and to complete any settlement approval
				  procedures necessary to achieve final settlement. While this time frame can
				  vary according to the needs and schedules of the mediator and parties, it is
				  important that the parties allow adequate time for the process.
(3) The location of the mediation.
(4) Allocation of costs of the
				  mediator.
(5) The identification of
				  representatives who will attend the mediation on behalf of the parties, if
				  possible, by name or position within the governmental unit or contracting
				  entity.
(6) The settlement approval
				  process in the event the parties reach agreement at the mediation.