reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.20 - Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
If the commissioner has not personally heard the evidence
					 in the case or read the entire record, a decision adverse to a party other than
					 the agency shall not be issued until after a proposal for decision has been
					 prepared by the administrative law judge, served on all parties, and each party
					 has been afforded the opportunity to file exceptions and present briefs to the
					 commissioner. If any party files exceptions or presents briefs, an opportunity
					 must be afforded to all other parties to file replies to the exceptions or
					 briefs. A proposal for decision must contain a statement of the issues in
					 dispute, the reasons for the proposed decision, and findings of fact and
					 conclusions of law necessary to support the proposed decision. Such proposal
					 for decision shall be prepared by the administrative law judge and served on
					 all parties of record within 30 days after conclusion of the evidence in the
					 case, unless the administrative law judge, after conclusion of the evidence in
					 the case, specifies a longer period of time within which the proposal for
					 decision may be issued.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.21 - Filing of Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  party of record may, within 10 days after service of the administrative law
				  judge's proposal for decision, file with the commissioner exceptions to the
				  proposal for decision. Replies to such exceptions shall be filed within seven
				  days after the date of the filing of exceptions. The administrative law judge
				  may extend the time for filing of exceptions and replies. A request for
				  extension of time within which to file exceptions or replies shall be filed
				  with the administrative law judge and shall be served on all parties of record
				  prior to the expiration of the relevant filing period. The administrative law
				  judge shall rule promptly on requests for extension of time and notify all
				  parties of such ruling.
(b)
				  Exceptions and replies to exceptions shall concisely state, with particularity,
				  the evidence, arguments, and legal authority relied upon.
(c) Upon the expiration of the time for
				  filing exceptions or replies to exceptions, or after such replies and
				  exceptions have been filed and considered, the administrative law judge's
				  proposal for decision shall be considered by the commissioner, who shall render
				  a decision and issue an order.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.22 - Commissioner's Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) All final
				  orders shall be in writing and shall be signed and dated by the commissioner. A
				  final decision must include findings of fact and conclusions of law, separately
				  stated. Findings of fact, if set forth in statutory language, must be
				  accompanied by a concise and explicit statement of the underlying facts
				  supporting the findings. If a party submitted proposed findings of fact, the
				  final order shall include a ruling on each proposed finding.
(b) A party shall be notified either
				  personally or by first class mail of any decision or order, unless otherwise
				  provided by law. When the commissioner issues a final decision or order ruling
				  on a motion for rehearing, the agency shall send a copy of that final decision
				  or order by first class mail to the attorneys of record and shall keep an
				  appropriate record of that mailing. If a party is not represented by an
				  attorney of record, then the agency shall send a copy of a final decision or
				  order ruling on a motion for rehearing by first class mail to that party, and
				  the agency shall keep an appropriate record of that mailing. A party or
				  attorney of record notified by mail of a final decision or order as required by
				  this section shall be presumed to have been notified on the date such notice is
				  mailed.
(c) A final decision or
				  order of the commissioner must be rendered within 60 days from the last date
				  for filing of exceptions and replies to exceptions to the administrative law
				  judge's proposal for decision, unless the administrative law judge, at the
				  conclusion of the hearing, specifies a longer period of time within which the
				  order may be issued.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.23 - Rehearing

Current through Reg. 49, No. 28; July 12, 2024
Except as provided in §
										2.27
					 of this subchapter (relating to Emergency Order), a timely motion for rehearing
					 is a prerequisite to an appeal. A motion for rehearing must be filed by a party
					 not later than the 20th day after the date the party or the attorney of record
					 is notified of the final decision or order as required by §
										2.22 of
					 this subchapter (relating to Commissioner's Orders). Replies to a motion for
					 rehearing must be filed with the agency not later than the 30th day after the
					 date that the party or the attorney of record is notified of the final decision
					 or order as required by §2.22. If agency action is not taken within the
					 45-day period after the date the party or the party's attorney of record is
					 notified of the final decision or order as required by §2.22, the motion
					 for rehearing is overruled by operation of law 45 days after the date the party
					 or the attorney of record is notified of the final decision or order required
					 by §2.22. The commissioner may, by written order, extend the period of
					 time for filing motions for rehearing and replies and for agency action on a
					 motion for rehearing except that an extension may not extend the period for
					 agency action beyond the 90th day after the date that the party or party's
					 attorney of record is notified of the commissioner's order as required by
					 §2.22. In the event of an extension, the motion for rehearing is overruled
					 by operation of law on the date fixed by the order or in the absence of a fixed
					 date, 90 days after the date the party or the party's attorney of record is
					 notified of the final decision or order as required by
					 §2.22.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.24 - Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than
				  the 30th day after the date on which the commissioner's order is final, an
				  aggrieved party may file a petition for judicial review.
(b) Judicial review of the order or decision
				  of the commissioner shall be under the APA.
(c) The party who appeals a final order of
				  the commissioner shall pay the cost of preparation of the original or certified
				  copy of the record of the proceeding that is required to be sent to the
				  reviewing court.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.25 - Administrative Finality

Current through Reg. 49, No. 28; July 12, 2024
Administrative action shall become final upon the
					 occurrence of any of the following:
(1) issuance by the commissioner of an order
				  and failure to file a motion for rehearing in accordance with §
										2.23 of this
				  subchapter (relating to Rehearing); or
(2) issuance by the commissioner of an order
				  and denial of a motion for rehearing, either expressly or by operation of law;
				  or
(3) issuance by the commissioner
				  of an order which includes a statement that no motion for rehearing will be
				  entertained because the threat of imminent peril to the public health, safety,
				  or welfare requires immediate effect be given to such order.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.26 - Effective Date of Order

Current through Reg. 49, No. 28; July 12, 2024
The effective date of an order, unless otherwise stated, is
					 the date of its signing by the commissioner.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.27 - Emergency Order

Current through Reg. 49, No. 28; July 12, 2024
If the commissioner finds that an imminent peril to public
					 health, safety, or welfare requires immediate effect of an order, such finding
					 shall be stated in the order. The commissioner shall also state that such order
					 is final and effective from and after the date signed. Such an order shall be
					 final and appealable from and after the date signed and no motion for rehearing
					 shall be required as a prerequisite for appeal.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter A - PROCEDURES FOR CONTESTED CASE HEARINGS › Section 2.28 - Show Cause for Contested Case Hearings

Current through Reg. 49, No. 28; July 12, 2024
Where permitted by law, the commissioner may, at any time
					 after notice to all interested parties, cite any person or agency under the
					 commissioner's jurisdiction to appear at a public hearing and require such
					 person or agency to show cause why it should not comply with any applicable
					 statute, rule, regulation, or general order of the agency, with which it is
					 allegedly in noncompliance or why the agency should not take a particular
					 action permitted by law. All such show cause hearings shall be conducted in
					 accordance with the provisions of this chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter B - PROCEDURES FOR NON-CONTESTED CASE HEARINGS › Section 2.31 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to the following
					 proceedings:
(1) hearings before the
				  General Land Office as provided under Texas Natural Resources Code §
										31.1611
				  relating to hearings for public comment on development plans under Texas
				  Natural Resource Code §31.161;
(2) hearings before boards for lease as
				  provided under Texas Natural Resources Code §
										34.0135
				  relating to hearings regarding the lease of land owned by the Texas Parks and
				  Wildlife Department and the Texas Department of Corrections; and
(3) hearings before the Special Board of
				  Review as provided under Texas Natural Resources Code §
										31.166(b)
				  relating to hearings regarding the proposed development plans before the
				  board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter B - PROCEDURES FOR NON-CONTESTED CASE HEARINGS › Section 2.32 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter
					 shall have the following meanings, unless context clearly indicates
					 otherwise.
(1) Board: The School Land
				  Board, any other board for lease of state land or the Special Board of
				  Review.
(2) Chairman: The chairman
				  of the School Land Board, the board for lease or the Special Board of
				  Review
(3) Official Order: Any
				  final order issued by the General Land Office or any board under its
				  jurisdiction pursuant to any law, rule or regulation.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter B - PROCEDURES FOR NON-CONTESTED CASE HEARINGS › Section 2.33 - Hearings

Current through Reg. 49, No. 28; July 12, 2024
The following shall apply to any hearing before the School
					 Land Board, board for lease or Special Board of Review:
(1) hearings shall comply with the Texas
				  Opens Meeting Act, Texas Government Code, Chapter 551.
(2) Hearings shall be recorded in a manner at
				  the discretion of the chairman. The board will determine the fees for the
				  hearing transcript.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter B - PROCEDURES FOR NON-CONTESTED CASE HEARINGS › Section 2.34 - Public Decorum and Participation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Persons attending or participating in the hearings shall conduct themselves in
				  a respectful manner that allows for orderly and polite discourse. The chairman
				  may take appropriate actions to ensure an orderly meeting may be
				  conducted.
(b) Any person may be
				  represented by an attorney or other person authorized to speak on their
				  behalf.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter B - PROCEDURES FOR NON-CONTESTED CASE HEARINGS › Section 2.35 - Effect of Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice shall be
				  given in accordance with the Texas Open Meetings Act, Texas Government Code,
				  Chapter 551 and the hearing will be conducted although some or all persons who
				  wish to participate, their attorney or person authorized to speak on their
				  behalf may fail to attend.
(b)
				  Failure to attend the hearing or meeting will not invalidate the proceedings or
				  any official act or order approved therein.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter B - PROCEDURES FOR NON-CONTESTED CASE HEARINGS › Section 2.36 - Order of Proceedings and Submissions

Current through Reg. 49, No. 28; July 12, 2024
(a) The chairman shall briefly state the
				  nature of the hearing or meeting. The chairman will allow for the submission of
				  documents, studies or other materials relevant to the hearing. The chairman
				  will determine the order of the proceedings. The board may limit the number of
				  participants and may set the time limits for each presentation.
(b) All submissions shall be the standard 8
				  1/2 by 11 inches except for maps, surveys and photographs. The board may limit
				  the number of submissions.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter C - PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS › Section 2.40 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
These rules shall govern the procedures for conducting
					 public hearings before the Special Board of Review, as defined in §
										2.41 of
					 this subchapter (relating to Definitions.)
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter C - PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS › Section 2.42 - Applicability of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions
				  of any rule referring to the board shall be construed to apply to the members
				  of the board (including the chairperson) if the matter is within the
				  jurisdiction of the board. Unless otherwise provided by law, a board member or
				  the chairperson may delegate any duty imposed under Texas Natural Resources
				  Code, §
										31.161, or this
				  subchapter to the duly authorized representative of the member or chairperson.
				  In such case, the provisions of any statute or rule referring to the board
				  member(s) or the chairperson shall be construed to also apply to the duly
				  authorized representative(s).
(b)
				  Except as set forth in §
										2.43(d)
				  of this subchapter (relating to Request for Board Hearings) the provisions of
				  any rule referring to a development plan shall be construed to apply to any
				  revision or modification of a development plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter C - PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS › Section 2.43 - Requests for Board Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  may request a board hearing to:
(1) appeal
				  the denial by a political subdivision of a request for rezoning, variance, or
				  other relief; and/or
(2) request
				  the board to consider or revise a development plan or order.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter C - PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS › Section 2.44 - Political Subdivision Authority

Current through Reg. 49, No. 28; July 12, 2024
The division shall submit an initial development plan or a
					 proposed substantial amendment to the political subdivision. The political
					 subdivision shall review and comment on the initial development plan or
					 proposed substantial amendment in accordance with Texas Natural Resources Code,
					 §
										31.162,
					 and this subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter C - PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS › Section 2.45 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall provide notice of each
				  hearing in accordance with the Texas Open Meetings Act, Government Code,
				  Chapter 551.
(b) The board shall
				  provide written notice to a political subdivision at least 14 days prior to a
				  board hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter C - PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS › Section 2.46 - Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall conduct one or more
				  public hearings for any purpose set forth in §
										2.43(a)
				  of this subchapter (relating to Requests for Board Hearings). If the property
				  is located in more than one city or town, the hearing(s) on any single tract of
				  land may be combined. At least one hearing shall be conducted in the county
				  where the property is located. Any board hearing shall be open to the public in
				  accordance with the Texas Open Meetings Act, Government Code, Chapter 551,
				  §§551.001 et seq, and the board shall conduct all hearings in
				  accordance with §§
										2.31-2.36
				  of this chapter.
(b) Hearings of
				  the board are not a contested case proceedings under the Administrative
				  Procedure Act, Government Code, Chapter 2001, §§2001.001 et seq, and
				  shall not be subject to appeal thereunder.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter C - PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS › Section 2.47 - Quorum

Current through Reg. 49, No. 28; July 12, 2024
A simple majority of the board members constitutes a quorum
					 with power to act in all cases.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter C - PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS › Section 2.48 - Orders

Current through Reg. 49, No. 28; July 12, 2024
The board shall issue an order adopting or revising a
					 development plan and/or, if applicable, rezoning the property or granting
					 variances or other necessary relief from ordinances of a political subdivision,
					 if, after the hearing(s), the board determines that local ordinances, rules,
					 zoning or land use regulations, and/or an existing development plan are
					 detrimental to the best interests of the state. The board shall issue its order
					 in writing within 15 days following the final hearing. Final orders, minutes of
					 the hearing, and material submitted to the board for consideration shall be
					 open to the public in accordance with the Open Records Act, Government Code,
					 Chapter 552, §§552.001 et seq.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter C - PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS › Section 2.49 - Binding Effect of Orders and Development Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) A development plan adopted by board
				  order, or otherwise accepted by a political subdivision, shall be:
(1) final and binding on the state, its
				  lessees, successors in interest and assigns, and affected political
				  subdivisions, unless subsequently revised by the board, except as provided in
				  Texas Natural Resources Code §
											31.167(c);
				  and
(2) filed in the deed records
				  of the county in which the property is located.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter C - PROCEDURES FOR SPECIAL BOARD OF REVIEW HEARINGS › Section 2.50 - Time Periods

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise expressed by the provisions of this
					 subchapter, all time periods shall be calculated from the date on which a
					 development plan or hearing request is filed with the political
					 subdivision.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter D - PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267OF THE TEXAS GOVERNMENT CODE › Section 2.51 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
These rules shall govern the procedures for conducting
					 public hearings before the Special Board of Review, as defined in §
										2.52 of
					 this subchapter (relating to Definitions), for projects to be developed under
					 § 2267 of the Texas Government Code.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter D - PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267OF THE TEXAS GOVERNMENT CODE › Section 2.52 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words, terms and phrases, when used in this
					 subchapter shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Board--The
				  special board of review consisting of the Commissioner of the General Land
				  Office sitting as presiding officer; the mayor of the city or town within the
				  corporate boundaries or extraterritorial jurisdiction of which the property is
				  located, if the property is located within a city or town; the county judge of
				  the county within which the property is located; the executive director of the
				  state entity that proposes to develop or operate the qualifying project; and a
				  member appointed by the Governor.
(2) Development plan--A plan, promulgated by
				  a state entity (as defined in this section) in accordance with Texas Government
				  Code, §
										2267.006, to
				  conserve and enhance the value of land belonging to the state, taking into
				  consideration the preservation of the health, safety, and general welfare of
				  the communities in which the property is situated.
(3) Order--Official action by the Board with
				  regard to a development plan.
(4)
				  Property--Real property for which a development plan has been promulgated or
				  adopted by a state entity (as defined in this section).
(5) Rezoning--Changing the existing zoning or
				  land use regulation(s) applicable to the property.
(6) State Entity--The state entity that has
				  promulgated or adopted a development plan in accordance with Texas Government
				  Code, §
										2267.006.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter D - PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267OF THE TEXAS GOVERNMENT CODE › Section 2.53 - Applicability of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions
				  of any rule referring to the Board shall be construed to apply to the members
				  of the Board (including the presiding officer) if the matter is within the
				  jurisdiction of the Board. Unless otherwise provided by law, a Board member or
				  the presiding officer may delegate any duty imposed under Texas Government
				  Code, § 2267, or this subchapter to the duly authorized representative of
				  the member or presiding officer. In such case, the provisions of any statute or
				  rule referring to the Board member(s) or the presiding officer shall be
				  construed to also apply to the duly authorized representative(s).
(b) The provisions of any rule referring to a
				  development plan shall be construed to apply to any revision or modification of
				  a development plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter D - PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267OF THE TEXAS GOVERNMENT CODE › Section 2.54 - Requests for Board Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  state entity may request a Board hearing to:
(1) appeal the denial by a political
				  subdivision of a request for rezoning, variance, or other relief in the state
				  entity's development plan; and/or
(2) request the Board to adopt or revise a
				  development plan.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter D - PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267OF THE TEXAS GOVERNMENT CODE › Section 2.55 - Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall provide notice of each
				  hearing in accordance with the Texas Open Meetings Act, Government Code,
				  Chapter 551, §551.045.
(b) At
				  least 14 calendar days prior to a Board hearing, the Board shall provide
				  written notice to all political subdivisions in which the property in question
				  is located and to the appropriate central appraisal district.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter D - PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267OF THE TEXAS GOVERNMENT CODE › Section 2.56 - Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall conduct one or more
				  public hearings for any purpose set forth in §
										2.54(a)
				  of this subchapter (relating to Requests for Board Hearings). If the property
				  is located in more than one city or town, the hearing(s) on any single tract of
				  land may be combined. At least one hearing shall be conducted in the county
				  where the property is located. Any Board hearing shall be open to the public in
				  accordance with the Texas Open Meetings Act, Government Code, Chapter 551,
				  §551.045, and the Board shall conduct all hearings in accordance with this
				  subchapter.
(b) Hearings of the
				  Board are not contested case proceedings under the Administrative Procedure
				  Act, Texas Government Code, Chapter 2001, and shall not be subject to appeal
				  under that chapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter D - PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267OF THE TEXAS GOVERNMENT CODE › Section 2.57 - Quorum

Current through Reg. 49, No. 28; July 12, 2024
A simple majority of the Board members constitutes a
					 quorum with power to act in all cases.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter D - PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267OF THE TEXAS GOVERNMENT CODE › Section 2.58 - Orders of the Board

Current through Reg. 49, No. 28; July 12, 2024
If, after the hearing(s), the Board determines that local
					 zoning requirements are detrimental to the best interest(s) of the State, the
					 Board shall issue an order establishing a development plan to govern the use of
					 the real property as provided in § 2267 of the Texas Government Code. The
					 Board may, in its order establishing a development plan, rezone the property
					 and/or grant variances or other necessary relief from any rules, regulations,
					 order or ordinances of a political subdivision. The Board shall issue its order
					 in writing within 30 calendar days following the final hearing. Final orders,
					 minutes of the hearing, and material submitted to the Board for consideration
					 shall be open to the public in accordance with the Open Records Act, Government
					 Code, Chapter 551, §551.045.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter D - PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267OF THE TEXAS GOVERNMENT CODE › Section 2.59 - Binding Effect of Orders and Development Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) A development plan adopted by Board order
				  shall be:
(1) final and binding on the State,
				  its lessees, successors in interest and assigns, and affected local governments
				  or political subdivisions, unless subsequently revised by the Board or as
				  specifically provided in Texas Government Code, §
											2267.0067(c).
(2) filed in the deed records of
				  the county in which the property is located.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 2 - RULES OF PRACTICE AND PROCEDURE › Subchapter D - PROCEDURES FOR SPECIAL BOARD FOR REVIEW HEARINGS UNDER SECTION 2267OF THE TEXAS GOVERNMENT CODE › Section 2.60 - Time Periods

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise expressed by the provisions of this
					 subchapter, all time periods shall be calculated from the date on which a
					 development plan or hearing request is filed with the political
					 subdivision.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter A - PROPERTY ACCOUNTABILITY › Section 3.1 - Restrictions on Assignment of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) GLO--The General Land Office of
				  Texas.
(2) Commissioner--The
				  Commissioner of the General Land Office of Texas or the Commissioner's designee
				  not below the level of division director.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter B - TRAINING AND EDUCATION OF EMPLOYEES › Section 3.21 - Training and Education

Current through Reg. 49, No. 28; July 12, 2024
(a) The General
				  Land Office shall make available to its employees funds for training and
				  education in accordance with the Employee Training Act, Government Code
				  §§
										656.041 -
				  656.049.
(b) The General Land Office may provide
				  training or education to its employees that is related to the duties or
				  prospective duties of the employees. All General Land Office employees are
				  eligible to receive training and education, subject to the requirements of
				  agency policy, managerial discretion and availability of funds.
(c) An employee who completes training and
				  education to obtain a degree or certification for which the General Land Office
				  has provided all or part of the required fees must agree in writing to fully
				  repay the General Land Office any amounts paid for educational assistance if
				  the employee voluntarily terminates employment with the agency within one year
				  after the course or courses are completed.
(d) Approval to participate in a training and
				  education program, including an agency-sponsored training, seminar or
				  conference shall not in any way affect an employee's at-will status. The
				  approval of a training and education program is not a guarantee or indication
				  that approval will be granted for subsequent training and education programs.
				  Approval to participate in a training and education program shall in no way
				  constitute a guarantee or indication of continued employment, nor shall it
				  constitute a guarantee or indication of future employment in a current or
				  prospective position.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter C - SERVICES AND PRODUCTS › Section 3.30 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Texas Government Code, §
										2161.003, the
					 General Land Office adopts by reference the Comptroller of Public Accounts'
					 rules found at Texas Administrative Code, Title 34, Part 1, Chapter 20,
					 Subchapter D, Division 1, relating to Historically Underutilized
					 Businesses.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter C - SERVICES AND PRODUCTS › Section 3.31 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
(1) Form of payment. Fees may be paid by
				  cash, check, or other legal means acceptable to the General Land Office.
				  Payment by means of electronic funds transfer may be required by Texas
				  Government Code §
											404.095,
				  § 9.51 of this title (relating to Royalty and Reporting Obligations to the
				  State), or by other chapters of this title.
(2) Time for payment. Payment is generally
				  required in advance of issuance of permits, leases and other documents and/or
				  delivery of services and/or materials by the General Land Office.
(3) Dishonor or nonpayment by other means. In
				  the event a fee is not paid due to dishonor, nonpayment, or otherwise, the
				  General Land Office shall have no further obligation to issue permits, leases
				  and other documents and/or provide services and/or materials to the permittee,
				  lessee, or applicant.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter E - PURCHASING › Section 3.50 - Purchasing

Current through Reg. 49, No. 28; July 12, 2024
(a) Any actual or prospective bidder,
				  offeror, or contractor who is aggrieved in connection with the solicitation,
				  evaluation, or award of a purchase contract may formally protest to the
				  commissioner of the General Land Office. Such protests must be in writing and
				  actually received by the General Land Office by mail or delivery within 10
				  working days after such aggrieved person knows, or should have known, of the
				  occurrence of the action, which is protested. Formal protests must conform to
				  the requirements of this section, and shall be resolved in accordance with the
				  procedure set forth herein. Copies of the protest must also be mailed or
				  delivered by the protesting party to other interested parties. For the purposes
				  of this section, "interested parties" means all vendors who have submitted bids
				  or proposals for the contract involved.
(b) In the event of a timely formal protest
				  under this section, the General Land Office shall not proceed further with the
				  solicitation or with the award of the contract unless the commissioner makes a
				  written determination that the award of contract without delay is necessary to
				  protect substantial interests of the state or the Permanent School
				  Fund.
(c) A formal protest must be
				  sworn and contain:
(1) a specific
				  identification of the statutory or regulatory provision(s) that the action
				  complained of is alleged to have violated;
(2) a specific description of each act
				  alleged to have violated the statutory or regulatory provision(s) identified in
				  paragraph (1) of this subsection;
(3) a precise statement of the relevant
				  facts;
(4) an identification of the
				  issue or issues to be resolved;
(5)
				  argument and authorities in support of the protest; and
(6) a statement that copies of the protest
				  have been mailed or delivered to the General Land Office and other identifiable
				  interested parties.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter E - PURCHASING › Section 3.51 - Enhanced Contract Monitoring Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  General Land Office (GLO) shall identify contracts that require enhanced
				  monitoring.
(b) In determining
				  which contracts require enhanced monitoring, the GLO shall consider factors
				  including:
(1) contract amount;
(2) risk;
(3) special circumstances of project;
				  and
(4) scope of goods or services
				  provided.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.60 - Purpose and Application

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subchapter is adopted pursuant to Texas Government Code, §
										2260.052 and governs
				  the negotiation and mediation of a claim of breach of contract asserted by a
				  contractor against the Land Office under Texas Government Code, Chapter
				  2260.
(b) This subchapter does not
				  apply to:
(1) claims or contracts to which
				  Texas Government Code, Chapter 2260 does not apply;
(2) an action of the Land Office that
				  entitles a contractor to a specific remedy pursuant to state or federal
				  law;
(3) a contract action proposed
				  or taken by the Land Office for which a contractor receiving Medicaid funds
				  under that contract is entitled by state law or regulation to a hearing
				  conducted in accordance with Texas Government Code, Chapter 2001;
(4) a contract that is solely and entirely
				  funded by federal grant monies other than for a project defined in Texas
				  Government Code, §
											2166.001;
(5) a contract between the Land Office and
				  the federal government or its agencies, another state, or another
				  nation;
(6) a contract between the
				  Land Office and another unit of state government;
(7) a contract between the Land Office and a
				  local governmental body or a political subdivision of this or another
				  state;
(8) a contract between a
				  contractor and a subcontractor, officer, employee, agent, or other person
				  furnishing goods or services to a contractor;
(9) a contract within the exclusive
				  jurisdiction of: federal courts or regulatory bodies; or state or local
				  regulatory bodies;
(10) a claim of
				  a purported third-party beneficiary to a contract; or
(11) a claim based on a contract obligation
				  that is within the GLO's sole discretion to perform.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.61 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				  in this subchapter, have the following meanings, unless the context clearly
				  indicates otherwise:
(1) Chief administrative
				  officer--Chief Clerk of the Land Office or his or her designee.
(2) Commissioner--Commissioner of the General
				  Land Office of Texas or the Commissioner's designee not below the level of
				  division director.
(3) Contract--a
				  written contract between the Land Office and a contractor by which the
				  contractor agrees either: to provide goods or services, by sale or lease, to or
				  for a unit of state government; or to perform a project as defined by
				  Government Code, §
											2166.001.
(4) Contractor--independent contractor who
				  has entered into a contract directly with the Land Office, but does not
				  include:
(A) a contractor's subcontractor,
				  officer, employee, agent, or other person furnishing goods or services to a
				  contractor;
(B) an employee of the
				  Land Office; or
(C) a student at an
				  institution of higher education.
(5) Day--calendar day. Acts required to occur
				  on a Saturday, Sunday, or holiday, shall take place on the next following
				  working day.
(6) Governmental body
				  shall be construed as that term is defined under Texas Government Code Section
				  552.003.
(7) Land Office--General Land Office of
				  Texas.
(8) Parties--collectively,
				  the contractor and the Land Office.
(9) Political subdivision--a municipality,
				  county, parish, borough, public school district, levee improvement district,
				  municipal utility district, or any other special purpose district authorized by
				  the law of the State of Texas or another state.
(10) SOAH--State Office of Administrative
				  Hearings.
(11) Unit of state
				  government--the State of Texas or an agency, department, commission, bureau,
				  board, office, council, court, or other entity that is in any branch of the
				  government of the State of Texas and is created by the constitution or a
				  statute of the State of Texas, including a university system or institution of
				  higher education, but does not include a county, municipality, court of a
				  county or municipality, special purpose district, or other political
				  subdivision of this state.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.62 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures in this subchapter are exclusive and
					 required prerequisites to suit under the Civil Practice & Remedies Code,
					 Chapter 107, and Texas Government Code, Chapter 2260.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.63 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
This subchapter does not waive the Land Office's sovereign
					 immunity to suit or liability.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.64 - 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 Texas Government Code, Chapter 2260, must file notice of the
				  claim as provided by this section.
(b) The notice of claim must:
(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 Land Office designated in the contract to receive a notice of claim of
				  breach of contract under Texas Government Code, Chapter 2260, or, if no person
				  is designated in the contract, to the chief administrative officer;
				  and
(3) state in detail:
(A) the Land Office contract number or other
				  information sufficient to identify the contract at issue;
(B) the nature of the alleged breach of
				  contract, including the date of the act or omission upon which contractor's
				  claim is based, and each contractual provision allegedly breached;
(C) a description of damages that resulted
				  from the alleged breach, including the amount and method of
				  calculation;
(D) the legal theory
				  of recovery, including the relationship between the alleged breach and the
				  claimed damages; and
(E) the
				  address to which the Land Office must direct correspondence regarding the
				  claim, if such address differs from the address for notices specified in the
				  contract.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.65 - Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Land Office asserts a counterclaim
				  under Texas Government Code, Chapter 2260, it must file notice of the
				  counterclaim as provided by this section.
(b) The notice of counterclaim must:
(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
(3)
				  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 1 - GENERAL LAND OFFICE › Chapter 3 - GENERAL PROVISIONS › Subchapter F - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 3.66 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties must negotiate in accordance with the timetable
					 set forth in § 3.67 of this subchapter (relating to Timetable) to attempt
					 to resolve all claims and counterclaims filed under this subchapter. No party
					 is obligated to settle with the other party as a result of the
					 negotiation.