reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.209 - Collateral for Linked Deposits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Eligible lending institutions shall secure funds that the Board deposits
				  pursuant to a linked deposit agreement in an amount not less than the amount of
				  the deposit under the linked deposit agreement:
(1) increased by the amount of any accrued
				  interest; and
(2) reduced to the
				  extent that the United States or an instrumentality of the United States
				  insures the deposit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.210 - Records of Depository

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligible
				  lending institutions shall maintain a separate, accurate, and complete record
				  relating to the pledged securities, the deposit of the Board's funds, and all
				  transactions related to the pledged securities.
(b) The comptroller or the executive
				  administrator may examine and verify at any reasonable time the pledged
				  securities or a record an eligible lending institution maintains under this
				  section.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.211 - Deposit of Pledged Security with Custodian

Current through Reg. 49, No. 28; July 12, 2024
(a) An eligible lending institution shall
				  deposit with a custodian a pledged security. The custodian and the executive
				  administrator shall agree in writing on the terms and conditions for securing a
				  linked deposit.
(b) A custodian
				  must be approved by the executive administrator, either in the linked deposit
				  agreement or separately, and be:
(1) a state
				  or national bank that:
(A) is designated by
				  the comptroller as an official state depository institution;
(B) has its main office or a branch office in
				  this state; and
(C) has a capital
				  stock and permanent surplus of $5 million or more;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.212 - Custodian's Deposit of Pledged Security with Another Institution

Current through Reg. 49, No. 28; July 12, 2024
(a) The custodian may deposit a pledged
				  security with one of the following institutions:
(1) a Federal Reserve Bank;
(2) a clearing corporation as defined by
				  §
											8.102, Texas Business
				  and Commerce Code;
(3) a bank
				  eligible to be a custodian; or
(4)
				  a state or nationally chartered bank that is controlled by a bank holding
				  company that controls a bank eligible to be a custodian.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.213 - Records of Custodian

Current through Reg. 49, No. 28; July 12, 2024
(a) The custodian
				  shall maintain a separate, accurate, and complete record relating to each
				  pledged security and each transaction relating to a pledged security.
(b) The comptroller or the executive
				  administrator may examine and verify at any reasonable time a pledged security
				  or a record a custodian maintains under this section. The Board or its agent
				  may inspect at any time a pledged security evidenced by a trust
				  receipt.
(c) The custodian shall
				  file a collateral report with the comptroller in the manner and on the dates
				  prescribed by the comptroller.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 375 - CLEAN WATER STATE REVOLVING FUND › Subchapter I - NONPOINT SOURCE POLLUTION LINKED DEPOSITS PROGRAM › Section 375.214 - Audit and Examinations

Current through Reg. 49, No. 28; July 12, 2024
As part of an audit or regulatory examination of an
					 eligible lending institution or custodian, the auditor or examiner shall
					 examine and verify pledged securities and records maintained under this
					 subchapter, and shall report any significant or material noncompliance with
					 this subchapter to the comptroller and the Board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 377 - HYDROGRAPHIC SURVEY PROGRAM › Section 377.1 - Scope of Chapter

Current through Reg. 49, No. 28; July 12, 2024
This chapter shall govern the board's program of technical
				  assistance for hydrographic surveys established by the Texas Water Code,
				  Chapter 15, subchapter M.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 377 - HYDROGRAPHIC SURVEY PROGRAM › Section 377.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Words and terms used in this chapter shall have the meanings
				  provided by the Texas Water Code, Chapter 15, if such term is therein
				  defined.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 377 - HYDROGRAPHIC SURVEY PROGRAM › Section 377.3 - Studies

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive administrator may negotiate
				and execute receivable contracts with any person to perform hydrographic
				surveys in this state or outside of this state. In order to execute the
				contract, the executive administrator must:
(1) receive a written request to perform the
				survey from the authorized representative of a:
(A) political subdivision or agency of this
				state;
(B) political subdivision or
				agency of a neighboring state; or
(C) federal agency; and
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 377 - HYDROGRAPHIC SURVEY PROGRAM › Section 377.4 - Charges for Services

Current through Reg. 49, No. 28; July 12, 2024
The executive administrator shall develop and implement, with
				  board approval, user charge schedules, as necessary, for conducting
				  hydrographic surveys, which shall recover the board's costs to conduct the
				  surveying program, including capital equipment and personnel. The charges for
				  services shall be based upon reasonable and equitable cost-recovery principles.
				  At least once every two years, the executive administrator shall review and
				  obtain board approval of the user charge schedule.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 377 - HYDROGRAPHIC SURVEY PROGRAM › Section 377.5 - Program Review

Current through Reg. 49, No. 28; July 12, 2024
At least once every two years, the executive administrator
				  shall report to the board on the status of the program, including services
				  rendered and the financial status of the hydrographic survey
				  account.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter A - GENERAL PROVISIONS › Section 380.1 - Scope of Rules

Current through Reg. 49, No. 28; July 12, 2024
This chapter governs the negotiation, mediation, and
					 assisted negotiation process for resolving breach of contract claims asserted
					 by contractors against the Texas Water Development Board pursuant to Texas
					 Government Code, Chapter 2260.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter A - GENERAL PROVISIONS › Section 380.2 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This chapter does not apply to:
(1) claims for personal injury or wrongful
				  death arising from a breach of contract;
(2) an action of the board for which the
				  contractor is entitled to a specific remedy pursuant to state or federal
				  constitution or statute;
(3)
				  contracts that are:
(A) between the board and:
(i) the federal government or its agencies,
				  another state, or another nation;
(ii) a unit of state government; or
(iii) a local governmental body, or a
				  political subdivision of another state;
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter A - GENERAL PROVISIONS › Section 380.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise:
(1) Board--Texas Water
				  Development Board.
(2) Executive
				  administrator--The executive administrator of the Texas Water Development
				  Board.
(3) Claim--An assertion by a
				  contractor that the board has breached a contract.
(4) Contract--A written agreement between the
				  board and a contractor by the terms of which the contractor agrees either to:
(A) provide goods or services, by sale or
				  lease, to or for the board; or
(B)
				  perform a project as defined by Texas Government Code, §
											2166.001.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter A - GENERAL PROVISIONS › Section 380.4 - 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 Texas Civil Practice & Remedies Code,
					 Chapter 107, and Texas Government Code, Chapter 2260. These rules do not
					 prevent a contractor sued by the board from asserting a counterclaim or right
					 of offset against the board in the court in which the board filed
					 suit.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter A - GENERAL PROVISIONS › Section 380.5 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
This chapter does not waive the board's sovereign immunity
					 to suit or liability.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter A - GENERAL PROVISIONS › Section 380.6 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
When computing any period of time prescribed or allowed by
					 these rules, the day of the act, event, or default from which the designated
					 period of time begins to run shall not be included. The last day of the period
					 so computed shall be included, unless it is a Saturday or Sunday, or a legal
					 holiday, in which event the period runs until the end of the next day which is
					 not one of the aforementioned days.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 380.21 - Submitting a Notice of Claim for Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor asserting a claim for breach
				  of contract under Texas Government Code, Chapter 2260, shall file written
				  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 to the board employee
				  designated in the contract to receive the notice and the board's general
				  counsel or, if no employee is designated in the contract to receive notice, the
				  notice shall be delivered to the board's executive administrator and the
				  board's general counsel. The written notice of claim must be delivered by:
(A) certified mail, return receipt
				  requested;
(B) hand-delivery;
				  or
(C) other verifiable delivery
				  service; and
(3) 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 the
				  damages that resulted from the alleged breach, including the total dollar
				  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 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 380.22 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  board asserts a counterclaim under Texas Government Code, Chapter 2260, it
				  shall file written notice of the counterclaim as provided by this
				  section.
(b) The notice of
				  counterclaim shall:
(1) be in
				  writing;
(2) be delivered to the
				  contractor or representative of the contractor who signed the notice of claim
				  for breach of contract. The counterclaim shall be delivered by:
(A) certified mail, return receipt
				  requested;
(B) hand-delivery;
				  or
(C) other verifiable delivery
				  service; and
(3) state
				  in detail:
(A) the nature of the
				  counterclaim;
(B) a description of
				  the 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 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 380.23 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate the claim(s) and
					 counterclaim(s) in accordance with the timetable set forth in §
										380.24 of
					 this chapter (relating to Timetable). 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 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 380.24 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receiving a contractor's notice of
				  claim for breach of contract, the executive administrator or designated
				  representative shall review the claim(s) and the board's counterclaim(s), if
				  any, and initiate negotiations with the contractor to attempt to come to a
				  resolution.
(b) The parties shall
				  begin negotiations no later than the 120th day after the date the board
				  received the contractor's notice of claim.
(c) The parties may conduct negotiations
				  according to an agreed schedule as long as they begin negotiations no later
				  than the deadline set forth in subsection (b) of this section.
(d) Except as provided by subsection (e) of
				  this section, if a claim is not entirely resolved through negotiations,
				  mediation, or any other assisted negotiation process utilized by the parties by
				  the 270th day after the date that the notice of claim was received by the
				  board, the contractor may file a written request for a contested hearing
				  pursuant to §
										380.29
				  of this chapter (relating to Request for Contested Case Hearing).
(e) The parties may agree in writing to
				  extend the time for negotiations, mediation, or any other assisted negotiation
				  process on or before the 270th day after the board received the contractor's
				  written notice of claim for breach of contract. The agreement shall be signed
				  by representatives of the parties with authority to bind each respective party
				  and shall state the final date of the extension period. The parties may enter
				  into a series of written extension agreements that comply with the requirements
				  of this section. If the claim is not entirely resolved at the end of the agreed
				  upon extension period, the contractor may file a written request for a
				  contested hearing pursuant to §
										380.29
				  of this chapter.
(f) The parties
				  may agree to mediate the dispute or use any other assisted negotiation process
				  at any time before the 120th day after the board received the contractor's
				  written notice of claim or before the expiration of any extension agreed to by
				  the parties pursuant to subsection (e) of this section. The mediation or other
				  assisted negotiation process shall be governed by Subchapters C and D of this
				  chapter.
(g) Nothing in this
				  section is intended to prevent the parties from agreeing to commence
				  negotiation, mediation, or any other assisted negotiation process earlier than
				  the deadline established in subsection (b) of this section, or from continuing
				  or resuming such processes after the contractor has requested a contested case
				  hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 380.25 - 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. 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:
(1) in person;
(2) by telephone;
(3) by correspondence;
(4) by video conference; or
(5) by any other method that permits the
				  parties to:
(A) identify their respective
				  positions;
(B) discuss their
				  respective differences;
(C) confer
				  with their respective advisers;
(D)
				  exchange offers of settlement; and
(E) settle, if possible.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 380.26 - 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 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 380.27 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A settlement
				  agreement may resolve an entire claim and/or counterclaim or any designated and
				  severable portion of a claim and/or counterclaim.
(b) To be enforceable, a settlement agreement
				  must be in writing and signed by representatives of the contractor and the
				  board who have authority to bind each respective party.
(c) A partial settlement does not waive the
				  parties' rights under Texas 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 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 380.28 - 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 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 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter B - NEGOTIATION OF CONTRACT DISPUTES › Section 380.29 - 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, by the 270th day after the board received the contractor's
				  written notice of claim, or by the expiration of any extension agreed to by the
				  parties pursuant to §
										380.24(f)
				  of this chapter (relating to Timetable), the contractor may file a written
				  request with the board for a contested case hearing, which will be held before
				  the State Office of Administrative Hearings (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 board's executive administrator and the board's general counsel by the
				  300th day after the board received the contractor's written notice of claim
				  unless the parties have agreed to extend the negotiation period, in which case
				  the written request for a contested hearing shall be delivered by the 30th day
				  following the end of the agreed to extension period.
(c) The board shall forward the contractor's
				  request for contested case hearing to SOAH within 30 days of receiving the
				  request.
(d) The parties may agree
				  to submit the case to SOAH before the 270th day after the notice of claim was
				  received by the board if they have achieved a partial resolution of the claim
				  or if an impasse has been reached and proceeding to a contested case hearing
				  would serve the interests of justice.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 380.41 - Mediation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) The parties may
				  agree to mediate the dispute at any time before the 270th day after the board
				  received the notice of claim for breach of contract, or before the expiration
				  of any extension agreed to by the parties in writing.
(b) The parties may mediate the dispute even
				  after the case has been referred to SOAH for a contested case hearing. 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 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 380.42 - 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) Mediation under this
				  chapter is subject to the provisions of the Governmental Dispute Resolution
				  Act, Texas Government Code, Chapter 2009. For purposes of this chapter,
				  "mediation" is assigned the meaning set forth in Texas 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, and who can credibly recommend approval of an
				  agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 380.43 - Agreement to Mediate

Current through Reg. 49, No. 28; July 12, 2024
(a) The parties may
				  agree to use mediation 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:
(A) governmental officers or employees who
				  are qualified as mediators under Texas Civil Practice and Remedies Code, §
												154.052;
(B) private mediators;
(C) SOAH;
(D) the Center for Public Policy Dispute
				  Resolution at The University of Texas School of Law;
(E) an alternative dispute resolution system
				  created under Texas Civil Practice and Remedies Code, Chapter 152; or
(F) another state or federal agency or
				  through a pooling agreement with several state agencies. Before naming a
				  mediator source in a contract, the parties shall contact the mediator source to
				  be sure that it is willing and able to serve in that capacity. In selecting a
				  mediator, the parties shall use the qualifications set forth in subsection
				  §
												380.44
				  of this chapter (relating to Qualifications and Immunity of
				  Mediator).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 380.44 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) The mediator shall:
(1) possess the qualifications required under
				  Texas Civil Practice and Remedies Code, §
											154.052;
(2) be subject to the standards and duties
				  prescribed by Texas Civil Practice and Remedies Code, §
											154.053;
				  and
(3) have the qualified immunity
				  prescribed by Texas Civil Practice and Remedies Code, §
											154.055,
				  if applicable.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 380.45 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) Mediation conducted under this chapter is
				  confidential in accordance with Texas Government Code, §
										2009.054.
(b) The confidentiality of a final settlement
				  agreement reached by the parties as a result of the mediation is governed by
				  Texas Government Code, Chapter 552.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 380.46 - Costs of Mediation

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 the mediation,
					 including costs of document reproduction for documents requested by such party,
					 attorney's fees, and consultant or expert fees. The costs of the mediation
					 process itself shall be divided equally between the parties.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 380.47 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' shall disclose their settlement approval
					 procedures prior to the mediation. To the extent possible, the parties shall
					 select representatives 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 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 380.48 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reached during the mediation shall
					 be signed by the representatives of the contractor and the board, and shall
					 describe any procedures required to be followed by the parties in connection
					 with final approval of the agreement.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 380.49 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  final settlement agreement reached during, or as a result of, mediation that
				  resolves an entire claim and/or counterclaim or any designated and severable
				  portion of a claim and/or counterclaim shall be in writing and signed by
				  representatives of the contractor and the board who have authority to bind each
				  respective party.
(b) If the
				  settlement agreement does not resolve all issues raised by the claim and
				  counterclaim, the agreement shall identify the issues that are not
				  resolved.
(c) A partial settlement
				  does not waive a party's rights under Texas Government Code, Chapter 2260, as
				  to the parts of the claim or counterclaim that are not resolved.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter C - MEDIATION OF CONTRACT DISPUTES › Section 380.50 - Referral to the State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
If mediation does not resolve all issues raised by the
					 claim, the contractor may request a contested case hearing pursuant to the time
					 periods in §
										380.24 of
					 this chapter (relating to Timetable) and the procedures in §
										380.29
					 of this chapter (relating to Request for Contested Case Hearing). Nothing in
					 these rules prohibits the parties from mediating the dispute after the case has
					 been referred for contested case hearing, subject to the rules of
					 SOAH.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter D - ASSISTED NEGOTIATION PROCESSES › Section 380.61 - Assisted Negotiation Processes

Current through Reg. 49, No. 28; July 12, 2024
The parties may agree, either contractually or when a
					 dispute arises, to use assisted negotiation (alternative dispute resolution)
					 processes, in addition to negotiation and mediation, to resolve their
					 dispute.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter D - ASSISTED NEGOTIATION PROCESSES › Section 380.62 - Use of Assisted Negotiation Processes

Current through Reg. 49, No. 28; July 12, 2024
If the parties agree to use an assisted negotiation
					 process, they shall agree in writing to a detailed description of the process
					 to be used prior to engaging in the process. Any of the following methods, a
					 combination of these methods, or any other assisted negotiation process agreed
					 to by the parties, may be used in seeking resolution of claims and
					 counterclaims:
(1)
				  Mediation;
(2) Early evaluation by
				  a third-party neutral;
(3) Neutral
				  fact-finding by an expert;
(4)
				  Mini-trial; or
(5) Any other
				  alternative dispute resolution process agreed to by the parties.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 380 - ALTERNATIVE DISPUTE RESOLUTION › Subchapter D - ASSISTED NEGOTIATION PROCESSES › Section 380.63 - Conduct of Assisted Negotiation

Current through Reg. 49, No. 28; July 12, 2024
If the parties agree in writing to use an assisted
					 negotiation process, they shall follow the rules in subchapter C of this
					 chapter (relating to Mediation of Contract Disputes) regarding time periods,
					 conduct, agreement to the process used, the qualifications of the third party,
					 confidentiality, costs, and settlement agreements.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 504 - PERMITTING ASSISTANCE COASTAL MANAGEMENT PROGRAM › Section 504.1 to 504.30

Current through Reg. 49, No. 28; July 12, 2024
This chapter establishes the process by which an applicant
				  may request and receive assistance with filing applications for permits or
				  other proposed actions subject to the Texas Coastal Management Program (CMP).
				  This chapter also establishes the process by which an applicant, agency, or
				  subdivision proposing an activity subject to the CMP may request and receive a
				  preliminary consistency review.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.10 - Purpose and Policy

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to describe procedures to
				  ensure that federal actions and activities subject to the Texas Coastal
				  Management Program (CMP) are consistent with the CMP goals and policies. This
				  chapter provides procedures that are intended to allow the council to
				  adequately identify, address, and resolve consistency issues. These rules do
				  not create an obligation on the part of federal agencies independent of the
				  Coastal Zone Management Act and the National Oceanic and Atmospheric
				  Administration's (NOAA's) regulations at 15 CFR Parts 923 and 930. If there is
				  a conflict between this chapter and NOAA's regulations, then NOAA's
				  regulations, and NOAA's interpretation of the regulations, are the
				  authoritative requirements for federal consistency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.11 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words, terms, and phrases, when used in this
				  chapter, shall have the following meanings, unless the context clearly
				  indicates otherwise.
(1)
				Administratively complete--A consistency determination shall be determined to
				be administratively complete when the Council has received the information
				identified in §506.20 (relating to Consistency Determinations for Federal
				Agency Activities and Development Projects), §506.30 (relating to
				Consistency Certifications for Federal Agency Actions), and §506.40
				(relating to Consistency Certifications for Outer Continental Shelf
				Plans).
(2) Applicant--Any
				individual, public or private corporation, partnership, association, or other
				entity organized or existing under the laws of any state, or any state,
				regional, or local government that, following management program approval,
				files an application for a federal agency action to conduct an activity
				affecting the coastal zone.
(3)
				Applicant entity--Any agency or subdivision or any related public entity such
				as a special purpose district, which, following federal CMP approval, submits
				an application for federal assistance.
(4) Assistant administrator--The assistant
				administrator for Coastal Zone Management, National Oceanic and Atmospheric
				Administration, United States Department of Commerce.
(5) Associated facilities--All proposed
				facilities:
(A) which are specifically
				designed, located, constructed, operated, adapted, or otherwise used, in full
				or in major part, to meet the needs of a federal action (e.g., activity,
				development project, license, permit, or assistance); and
(B) without which the federal action, as
				proposed, could not be conducted.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.12 - Federal Agency Actions, Federal Agency Activities and Development Projects, and Outer Continental Self Plans Subject to the Coastal Management Program

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of
				this section, the following federal actions within the CMP boundary may
				adversely affect coastal natural resource areas (CNRAs):
(1) Federal Agency Activities and Development
				Projects:
(A) United States Department of the
				Interior. Modifications to the boundaries of the Coastal Barrier Resource
				System under 16 United States Code Annotated, §3503(c);
(B) United States Environmental Protection
				Agency. Selection of remedial actions under 42 United States Code Annotated,
				§9604(c);
(C) United States
				Army Corps of Engineers:
(i) small river and
				harbor improvement projects under 33 United States Code Annotated,
				§577;
(ii) water resources
				development projects under 42 United States Code Annotated,
				§1962d-5;
(iii) small flood
				control projects under 33 United States Code Annotated, §701s;
(iv) small beach erosion control projects
				under 33 United States Code Annotated, §426g;
(v) operation and maintenance of civil works
				projects under the Code of Federal Regulations, Title 33, Parts 335 and
				338;
(vi) dredging projects under
				the Code of Federal Regulations, Title 33, Part 336;
(vii) approval for projects for the
				prevention or mitigation of damages to shore areas attributable to federal
				navigation projects pursuant to 33 United States Code Annotated, §426i;
				and
(viii) approval for projects
				for the placement on state beaches of beach-quality sand dredged from federal
				navigation projects pursuant to 33 United States Code Annotated,
				§426j;
(D) Federal
				Emergency Management Agency:
(i) model
				floodplain ordinances; and
(ii)
				approval or suspension of a community's eligibility to sell flood insurance
				under the Code of Federal Regulations, Title 44, Part 59, Subpart B;
(E) General Services
				Administration:
(i) acquisitions under 40
				United States Code Annotated, §602 and §603; and
(ii) construction under 40 United States Code
				Annotated, §605; and
(F) All federal agencies:
(i) all other development projects;
				and
(ii) natural resource
				restoration plans developed pursuant to the Oil Pollution Act of 1990 (33
				United States Code Annotated §§2701-2761) and the Comprehensive
				Environmental Response, Compensation and Liability Act (42 United States Code
				Annotated §§9601-9675);
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.13 - Conditional Concurrence

Current through Reg. 49, No. 28; July 12, 2024
(a) Federal
				agencies should cooperate with the council to develop conditions that, if
				agreed to during the council's consistency review period, and included in a
				federal agency's final decision or approval for activities identified in §
									506.12
				of this title (relating to Federal Agency Actions, Federal Agency Activities,
				Outer Continental Shelf Plans Subject to the Coastal Management Program), would
				allow the council to concur with the federal agency's decision. As an
				alternative to finding a proposed federal agency action, activity, or funding
				assistance inconsistent with the CMP goals and policies, the council may, by a
				vote of two-thirds of all members eligible to vote, issue a conditional
				concurrence letter as described under this section.
(1) The council shall include in its
				concurrence letter the conditions that must be satisfied, an explanation of why
				the conditions are necessary to ensure consistency with specific enforceable
				policies and an identification of the specific enforceable policies. The
				concurrence letter shall also inform the parties that if the requirements of
				paragraphs (2) through (3) of this subsection are not met, then all parties are
				to treat the conditional concurrence as a consistency objection. The
				conditional concurrence letter shall also notify the parties, pursuant to the
				Code of Federal Regulations, Title 15, Part 930, Subpart D, §930.63(c), of
				the opportunity to appeal the council's objection to the Secretary of Commerce
				within 30 days of receipt of the council's conditional concurrence/objection or
				30 days after receiving notice from the federal agency that the application
				will not be approved as amended by the council's conditions; and
(2) The federal agency, applicant for a
				federal agency action, the person submitting an OCS plan, or the entity
				applying for federal assistance, as applicable, shall modify the applicable
				plan, project, proposal or application to the federal agency in accordance with
				the council's conditions. The federal agency, applicant, person, or applicant
				entity shall immediately notify the council secretary if the council's
				conditions are not acceptable; and
(3) The federal agency shall approve the
				amended application with the council's conditions. The federal agency shall
				immediately notify the council secretary and the applicant or applicant entity
				if the federal agency will not approve the application as amended by the
				council's conditions.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.20 - Consistency Determinations for Federal Agency Activities and Development Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) At the earliest
				practicable time, but in no event later than 90 days prior to final approval, a
				federal agency considering the approval of a federal agency activity or
				development project listed in §
									506.12
				of this title (relating to Federal Agency Actions, Federal Agency Activities,
				Outer Continental Shelf Plans and Development Plans Subject to the Coastal
				Management Program) shall provide the council secretary with a consistency
				determination that includes the following information:
(1) a brief statement, based upon an
				evaluation of the relevant CMP provisions, indicating whether or not the
				proposed activity or development project will be undertaken in a manner
				consistent with the CMP, to the maximum extent practicable; and
(2) a detailed description of the proposed
				activity or development project and its associated facilities which is adequate
				to permit an assessment of their probable effects on CNRAs, and comprehensive
				data and information sufficient to support the federal agency's consistency
				statement. The amount of detail in the statement evaluation, activity
				description, and supporting information shall be commensurate with the expected
				effects of the activity or development project on CNRAs. While federal agencies
				must be consistent to the maximum extent practicable with the enforceable,
				mandatory policies of the CMP, the agencies need only demonstrate adequate
				consideration of policies which are in the nature of recommendations. Federal
				agencies need not evaluate effects for which the CMP does not contain mandatory
				or recommended policies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.21 - Notification of Negative Determinations

Current through Reg. 49, No. 28; July 12, 2024
(a) If a federal
				agency determines that a proposed activity or development project listed in
				§
									506.12
				of this title (relating to Federal Actions Subject to the Coastal Management
				Program) will not adversely affect any CNRA, the federal agency shall at the
				earliest practicable time, but in no event later than 90 days prior to final
				approval, provide the chair of the council with a notification briefly
				providing the reasons for the federal agency's negative
				determination.
(b) If the council
				disagrees with the negative determination and the federal agency does not
				modify the activity or the development project to achieve consistency with the
				program, the governor, with the assistance of the chair of the council, may
				seek mediation of the matter in accordance with federal law (as provided in the
				Code of Federal Regulations, Title 15, Part 930, Subpart G, §§930.110
				et seq).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.22 - General Consistency Determinations for Proposed Federal Agency Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Federal
				agencies may provide a general consistency determination, in accordance with
				the Code of Federal Regulations, Title 15, Part 930, Subpart C,
				§930.37(b), for repeated federal agency activities other than development
				projects which cumulatively may adversely affect CNRAs.
(b) If a federal agency issues a general
				consistency determination, the federal agency shall periodically consult with
				the council to discuss the manner in which the incremental actions are being
				undertaken.