reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 4 - SCHOOL LAND BOARD › Chapter 155 - LAND RESOURCES › Subchapter C - EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND › Section 155.47 - Assignments, Releases, Reports, Royalty Payments, Inspections, Forfeitures, and Reinstatements

Current through Reg. 49, No. 28; July 12, 2024
(a) Assignments
				  and releases.
(1) After obtaining written
				  approval of the commissioner, a lease or permit issued under this chapter,
				  except a Relinquishment Act lease may be assigned in quantities of not less
				  than 40 acres. If, however, less than 40 acres remain of the tract originally
				  leased, then the entire remaining acreage may be assigned. Assignments shall be
				  recorded in each county in which the state tract is located. Relinquishment Act
				  leases are not subject to these restrictions and may be assigned at any
				  time.
(2) After recordation, lessee
				  or permittee shall obtain a certified copy from the county clerk of each
				  recorded assignment covering the state lease or permit. Lessee or permittee
				  shall send such certified copies to GLO within 90 days of the date of
				  recordation, accompanied by the filing fee prescribed in § 1.3 of this
				  title (relating to Fees).
(3) An
				  assignment of any lease except a Relinquishment Act lease is not effective
				  until a certified copy of such assignment has been filed with the GLO. Failure
				  to file a certified copy of an assignment of any lease, including a
				  Relinquishment Act lease, shall subject the lease to forfeiture. An assignment
				  shall not have the effect of releasing the assignor from any liability incurred
				  or claim previously accrued in favor of the state.
(4) The lessee or permittee may release the
				  lease or permit back to the state at any time. To release a lease or permit, a
				  lessee or permittee must record the release in each county where the state
				  tract is located and mail a certified copy of each recorded release to GLO
				  accompanied by the filing fee prescribed in § 1.3 of this title (relating
				  to Fees).
(5) A release is not
				  effective until a certified copy of the release is filed by the GLO. A release
				  shall not have the effect of releasing lessee or permittee from any liability
				  incurred or claim previously accrued in favor of the state.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 4 - SCHOOL LAND BOARD › Chapter 155 - LAND RESOURCES › Subchapter C - EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND › Section 155.48 - Mineral Awards and Patents

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
				  Anyone who was issued a mineral award prior to March 15, 1967, under former
				  Texas Civil Statutes, Articles 5388-5403, may patent the mineral award upon
				  proper compliance with the statutory requirements and the rules promulgated by
				  the GLO.
(b) Lands and minerals
				  subject to patent.
(1) All valuable
				  mineral-bearing deposits, placers, veins, lodes, geothermal energy and related
				  resources, and rock carrying metallic or nonmetallic substances of value except
				  oil, natural gas, coal, and lignite, shall be subject to patenting.
(2) Only those lands which are presently
				  encumbered by a mineral award are subject to patenting.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 4 - SCHOOL LAND BOARD › Chapter 155 - LAND RESOURCES › Subchapter C - EXPLORATION AND DEVELOPMENT OF GEOTHERMAL ENERGY AND ASSOCIATED RESOURCES ON PERMANENT SCHOOL FUND LAND › Section 155.49 - Consistency with Coastal Management Program

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided in §
										16.1(c)
					 of this title (relating to Definitions and Scope), an action listed in §
										16.1(b)
					 of this title (relating to Definitions and Scope) taken or authorized by the
					 GLO or SLB pursuant to this chapter that may adversely affect a coastal natural
					 resource area, as defined in §
										16.1 of
					 this title (relating to Definitions and Scope), is subject to and must be
					 consistent with the goals and policies identified in Chapter 16 of this title
					 (relating to Coastal Protection) in addition to any goals, policies, and
					 procedures applicable under this chapter. If the provisions of this chapter
					 conflict with and can not be harmonized with certain provisions of Chapter 16
					 of this title (relating to Coastal Protection), such conflicting provisions of
					 Chapter 16 of this title (relating to Coastal Protection) will
					 control.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 5 - BOARDS FOR LEASE OF STATE-OWNED LANDS › Chapter 201 - OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE › Section 201.1 - Boards for Lease Meeting Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				secretary of a Board for Lease (Board) shall keep as records at the General
				Land Office, the minutes and the docket of each meeting.
(b) The secretary of the Board shall prepare
				the docket for the meeting and file and post notice of the meeting in
				compliance with the Open Meetings Act. Notice of the board meeting will
				include:
(1) the time, date, and location of
				the meeting; and
(2) those items to
				be considered by the Board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 5 - BOARDS FOR LEASE OF STATE-OWNED LANDS › Chapter 201 - OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE › Section 201.2 - Lease Sale

Current through Reg. 49, No. 28; July 12, 2024
(a) A Board for
				Lease (Board) may schedule a lease sale at any time. Leases of land owned by
				the Texas Parks and Wildlife Department or the Texas Department of Corrections
				shall be advertised and sold in the same manner as leases issued by the School
				Land Board (SLB) under Texas Natural Resources Code, Chapter 32. The
				procedures, fees, and cost sharing set out in Chapter 151 of this title
				(relating to Operations of the School Land Board) shall also apply to the
				Board's lease sales.
(b) The lease
				shall contain the same terms and conditions as leases issued by the SLB under
				Texas Natural Resources Code, Chapter 32 and Chapter 151. However, a Board may
				place any other terms and conditions in the lease it determines to be in the
				best interest of the state.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 5 - BOARDS FOR LEASE OF STATE-OWNED LANDS › Chapter 201 - OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE › Section 201.3 - Filing in General Land Office

Current through Reg. 49, No. 28; July 12, 2024
Records pertaining to leases by a Board for Lease are to be
				  filed in the records of the General Land Office accompanied by any filing fee
				  prescribed by §
									3.31 of this
				  title (relating to Fees).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 5 - BOARDS FOR LEASE OF STATE-OWNED LANDS › Chapter 201 - OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE › Section 201.4 - Deposits

Current through Reg. 49, No. 28; July 12, 2024
Payments received by a Board for Lease are payable to the
				  commissioner of the General Land Office, who will deposit receipts with the
				  Comptroller of Public Accounts to the credit of the appropriate special mineral
				  account for the agency involved.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 5 - BOARDS FOR LEASE OF STATE-OWNED LANDS › Chapter 201 - OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE › Section 201.5 - Provisions

Current through Reg. 49, No. 28; July 12, 2024
The provisions of Texas Natural Resources Code, Chapters 32
				  and 52, and §
									9.51
				  of this title (relating to Royalty and Reporting Obligation to the State), and
				  Subchapter F, §§
									9.91-
				  9.95 of
				  this title (relating to Discontinuing the Leasehold Relationship) shall apply
				  to leases issued by a Board for Lease.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 5 - BOARDS FOR LEASE OF STATE-OWNED LANDS › Chapter 201 - OPERATIONS OF THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE BOARD FOR LEASE › Section 201.7 - Consistency with Coastal Management Program

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided in §
									16.1(c)
				  of this title (relating to Definitions and Scope), an action listed in
				  §16.1(b) taken or authorized by the Texas Parks and Wildlife Department or
				  Texas Department of Criminal Justice Board for Lease pursuant to this chapter
				  that may adversely affect a coastal natural resource area, as defined in
				  §16.1 is subject to and must be consistent with the goals and policies
				  identified in Chapter 16 of this title (relating to Coastal Protection) in
				  addition to any goals, policies, and procedures applicable under this chapter.
				  If the provisions of this chapter conflict with and cannot be harmonized with
				  certain provisions of Chapter 16, such conflicting provisions of Chapter 16
				  will control.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter A - COUNCIL PROCEDURES › Section 286.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this chapter is to implement the provisions of Texas Health and Safety Code,
				  Chapter 367, concerning the On-site Wastewater Treatment Research
				  Council.
(b) The scope of this
				  chapter covers the organization, administration, and other general procedures
				  and policies concerning the operation of the council and its grants
				  program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter A - COUNCIL PROCEDURES › Section 286.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Commission--The Texas
				  Commission on Environmental Quality.
(2) Council--The Texas On-site Wastewater
				  Treatment Research Council.
(3)
				  Demonstrate--To make a display of, to show outwardly, hence, to show or prove
				  publicly as by the actual operation, the special value or merits of an article,
				  process, or product with a view to its introduction or sale, also to teach by
				  demonstration, to explain, or to illustrate.
(4) Donor--One or more individuals or
				  organizations that offer to give financial assistance to the council.
(5) Executive Secretary--An employee of the
				  commission who acts as a liaison between the council and the
				  commission.
(6) Officer or
				  member--Any one of the eleven members of the council that has duly been
				  appointed by the governor.
(7)
				  On-site wastewater treatment system--A system of treatment devices or disposal
				  facilities that:
(A) is used for the disposal
				  of domestic sewage, excluding liquid waste resulting from the process used in
				  industrial and commercial establishments;
(B) is located on the site where the sewage
				  is produced; and
(C) produces not
				  more than 5,000 gallons of waste a day.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter A - COUNCIL PROCEDURES › Section 286.11 - Grants and Donations to the Council

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General provisions.
(1) Purpose. The purpose
				  of this section is to establish procedures for the acceptance of grants and
				  donations made to the council and to create standards of conduct to govern the
				  relationship between the council and the donor.
(2) All donations will be accepted on behalf
				  of the council, by vote of the council. No officer or other council
				  representative can accept donations in the person's individual
				  capacity.
(3) The donor and the
				  council shall execute a donation agreement which includes the following
				  information:
(A) a description of the
				  donation, including a statement of the value;
(B) a statement by the donor attesting to its
				  ownership rights in the donation and its authority to make the
				  donation;
(C) the signature of the
				  donor or its official representative;
(D) the signature of the council chair or
				  other person who the council has authorized to execute the donation
				  agreement;
(E) any conditions
				  restricting the use of the donations if the donor imposes restrictions and if
				  these restrictions are agreed to by the council;
(F) the mailing address of the donor and
				  principal place of business if the donor is a business entity;
(G) a statement briefly describing any
				  relationship between the donor and the council; and
(H) a statement advising the donor to seek
				  legal and/or tax advice from its own legal counsel.
(4) The chair shall submit all proposed
				  donations received for the council's consideration at the next regular meeting
				  of the council.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter B - GRANTS › Section 286.31 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas On-site Wastewater Treatment
				  Research Council awards competitive grants to enhance the development of
				  on-site treatment technology and systems that will improve the quality of
				  and/or reduce the cost of on-site wastewater treatment.
(b) Unsolicited grant applications will not
				  be accepted and will be returned to the sender.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter B - GRANTS › Section 286.32 - Council Objectives

Current through Reg. 49, No. 28; July 12, 2024
The objectives of the council in considering projects
					 are:
(1) To determine the regional
				  suitability and effectiveness of on-site wastewater treatment alternatives;
				  and
(2) To demonstrate and evaluate
				  appropriate on-site wastewater treatment technology in the various geographic
				  and climatic areas of Texas.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter B - GRANTS › Section 286.34 - Indemnification

Current through Reg. 49, No. 28; July 12, 2024
A grantee shall be required to execute an indemnification
					 and hold harmless agreement in favor of the council and the state. Neither the
					 council nor the state shall in any way be liable for any damage, infringement,
					 cause of action, or any other action resulting from grantee's performance under
					 the grant award.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter B - GRANTS › Section 286.51 - Applied Research Grants

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Eligibility for applied research grants. The following are the criteria which
				  identify an applicant's eligibility for an applied research grant.
(1) The applicant must show that the specific
				  application of the proposed research is for the improvement of the quality of
				  wastewater treatment and/or reducing the cost of providing wastewater treatment
				  to consumers.
(2) The research
				  project must be conducted in Texas, and must concern technology or systems
				  applicable in Texas.
(3)
				  Corporations organized under the Texas Business Corporations Act or the Texas
				  Business Organizations Code that are delinquent in taxes owed the state under
				  the Texas Tax Code, Chapter 171 are ineligible to receive a grant
				  award.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter B - GRANTS › Section 286.52 - Demonstration Grants

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  are the criteria which identify an applicant's eligibility for a demonstration
				  grant.
(1) The applicant must show that the
				  proposed project provides a demonstration of the special value or merit of an
				  article, product, or process directed toward the improvement of the treatment
				  and disposal of wastewater and/or reduction of the cost of providing that
				  treatment to consumers. The applicant must provide the protocol for monitoring
				  the project, including testing and calibration, to demonstrate the project's
				  effectiveness.
(2) An applicant
				  must demonstrate to the council and provide written assurances that the
				  applicant will provide the following services as applicable:
(A) a proper area for outdoor research and
				  demonstration;
(B) a proper area
				  for controlled research and demonstration;
(C) basic laboratory facilities;
(D) testing or calibrating
				  equipment;
(E) untreated domestic
				  sewage for demonstrations;
(F) a
				  permitted area for land disposal application or a license specifically for
				  alternative/special applications;
(G) adequate assistance personnel;
				  and
(H) other facilities for
				  instruction and seminars.
(3) An applicant must show that all
				  calibration, testing, and demonstration will be conducted in a manner that
				  ensures that:
(A) groundwater and surface
				  water are protected;
(B) the health
				  and welfare of the public are protected; and
(C) the project site complies at all times
				  with applicable state and local laws and rules.
(4) The applicant must conduct the testing
				  and calibration in Texas.
(5)
				  Corporations organized under the Texas Business Corporations Act or the Texas
				  Business Organizations Code that are delinquent in taxes owed the state under
				  the Texas Tax Code, Chapter 171 are ineligible to receive a grant
				  award.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter B - GRANTS › Section 286.53 - Technology Transfer Grants

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following are the criteria which identify an applicant's eligibility for a
				  technology transfer grant:
(1) An applicant
				  must be able to provide the technology transfer within the State of
				  Texas.
(2) Corporations organized
				  under the Texas Business Corporations Act or the Texas Business Organizations
				  Code that are delinquent in taxes owed the state under the Texas Tax Code,
				  Chapter 171 are ineligible to receive a grant award.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter B - GRANTS › Section 286.75 - Submission of Grant Applications

Current through Reg. 49, No. 28; July 12, 2024
All grant applications must be submitted in compliance with
					 the requirements of the applicable solicitation document issued by the
					 council.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter B - GRANTS › Section 286.95 - Decision Making

Current through Reg. 49, No. 28; July 12, 2024
The council will evaluate and discuss each eligible grant
					 application it receives. An applicant whose grant application is determined to
					 be eligible and meritorious by the council may be required to make an oral
					 presentation of the proposal prior to a council decision being made. The
					 council may award, deny, table, or take other action regarding a grant
					 application based upon the funding available, the applicable selection
					 criteria, including any additional criteria contained in the solicitation
					 document, and other appropriate considerations. All council decisions are
					 final.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter B - GRANTS › Section 286.96 - Awards

Current through Reg. 49, No. 28; July 12, 2024
(a) All applicants awarded a grant will be
				  notified of the award in writing by the executive secretary.
(b) All grantees will be required to execute
				  a written contract with the council prior to receiving grant funds.
(c) Grantees/applicants shall comply with all
				  applicable state and federal statutes, rules, regulations, and guidelines,
				  including the Uniform Grant Management Standards (UGMS) adopted by the
				  Governor's Office of Budget and Planning, and with the terms and conditions of
				  the contract.
(d) The council shall
				  not be liable for any expenses incurred by an applicant prior to award of the
				  grant.
(e) All grant awards are
				  subject to continuation of state appropriations.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter B - GRANTS › Section 286.97 - Denials

Current through Reg. 49, No. 28; July 12, 2024
(a) All applicants denied an award will be
				  notified of the denial and the reason(s) in writing by the executive
				  secretary.
(b) Any applicants
				  denied funding will have the right to request one reconsideration of the
				  project by the council. The request shall be made in writing and shall be
				  reviewed at the next quarterly meeting.
(c) The council shall not be liable for any
				  expense incurred by an applicant in preparing a grant application or a request
				  for reconsideration.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 9 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Chapter 286 - ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL › Subchapter B - GRANTS › Section 286.98 - Tabling Decision

Current through Reg. 49, No. 28; July 12, 2024
The council may table a decision on a grant application to
					 gather more information, to await confirmation from the state comptroller of
					 the availability of funds, or for any other purpose. Any grant application so
					 tabled shall be given priority for discussion at the next scheduled meeting of
					 the council.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 353.2 - Business Offices and Mailing Address of the Board and Executive Administrator

Current through Reg. 49, No. 28; July 12, 2024
The board's central offices are located in the City of
					 Austin, Texas, in the Stephen F. Austin Building, 17th Street and Congress
					 Avenue. The mailing address is P.O. Box 13231, Capitol Station, Austin, Texas
					 78711.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 353.3 - Board Meetings

Current through Reg. 49, No. 28; July 12, 2024
The board shall hold regular meetings and all hearings at
					 times specified by a board order and entered in its minutes. The board may hold
					 special meetings at the times and places in this state that the board decides
					 are appropriate for the performance of its duties. The chairman of the board or
					 the board member acting for the chairman shall give the other members
					 reasonable notice before holding a special meeting. All meetings are subject to
					 the Texas Open Meetings Act, Government Code, Chapter 551. The chairman, or the
					 designated board member acting in the absence of the chairman, shall preside at
					 all meetings of the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 353.4 - Public Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) Board meetings,
				  unless recessed into executive session pursuant to the Texas Open Meetings Act,
				  shall be open to the public.
(b)
				  Any person seeking to address the board concerning an item on the board's
				  agenda posted with the secretary of state shall complete a registration form at
				  or before the meeting. The board may administer oaths to those persons
				  testifying before the board. When the board is required to accept or invites
				  public comments at its meetings, the board will establish the order for
				  presentation of argument or comments concerning items about which the public
				  seeks to address the board. When necessary in order to prevent undue meeting
				  length, the board may limit the number of times a person may testify, the time
				  period for oral presentations, and the time period for raising questions. The
				  board may limit or exclude cumulative or unduly repetitious presentations, and
				  may require that one representative present the information and position of an
				  entity or persons and entities that are closely aligned.
(c) A person desiring to file briefs,
				  affidavits, information, or any written statements or documents relating to an
				  agenda item shall submit the document no later than the date of the meeting,
				  provided the board may grant additional time for submission. Since the board
				  will take action on most agenda items at the scheduled meeting, persons seeking
				  to file written information with the board should attempt to provide the
				  information to the executive administrator as early as possible before the
				  board meeting.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 353.5 - Seal of Board

Current through Reg. 49, No. 28; July 12, 2024
The seal of the board will bear the words "Texas Water
					 Development Board" encircling the oak and olive branches common to other
					 official seals.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 353.6 - Minutes of the Board

Current through Reg. 49, No. 28; July 12, 2024
The minutes of the board are kept by the general counsel of
					 the board in a form and manner as the board may prescribe from time to time in
					 accordance with existing laws. They shall be signed by the chair or vice-chair
					 and attested to by the executive administrator.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 353.9 - Delegation of Responsibility

Current through Reg. 49, No. 28; July 12, 2024
The board may itself appoint, and hereby delegates to the
					 executive administrator the authority to appoint a department employee, who is
					 an attorney licensed to practice law in this state, to conduct a hearing and to
					 make a written report to the board on any matter to be considered by the board,
					 including, but not limited to, consideration of a petition to the board for the
					 adoption of a rule and the feasibility of federal projects under Texas Water
					 Code, §
										12.051.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 353.10 - Official Records Are Public

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Subject to the Texas Public Information Act, Government Code, Chapter 552, all
				  information collected, assembled, or maintained by the board are public records
				  open to inspection and copying during regular business hours.
(b) A person submitting data or information
				  to the board may request the data or information be designated as classified or
				  confidential under an exception to the Public Information Act. If the executive
				  administrator agrees with the designation, the data or information is not open
				  for public inspection and shall be kept in confidence by the agency. If such
				  information is requested by any other person, the executive administrator shall
				  comply with the provisions of the Public Information Act, which may require
				  disclosure of the information.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 353.12 - Applications Filing and Notice

Current through Reg. 49, No. 28; July 12, 2024
At the time an application requiring action of the board is
					 filed with the board and is administratively complete, the board shall give
					 notice as follows.
(1) The executive
				  administrator shall mail notice confirming the information in paragraph (3) of
				  this section to any person who shall have previously informed the executive
				  administrator in writing of an interest in said application.
(2) The executive administrator shall post
				  the information contained in paragraph (3) of this section on the agency
				  website.
(3) Notices under this
				  section shall state:
(A) the identifying
				  number given the application by the board;
(B) the name and address of the
				  applicant;
(C) the date on which
				  the application was submitted; and
(D) a brief summary of the information
				  included in the application.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter B - EMPLOYMENT PRACTICES › Section 353.31 - Agency-Funded Employee Training and Education

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency may use state funds, when
				  available, to provide training or education for its administrators and full- or
				  part-time employees, including salary, tuition and other fees, travel and
				  living expenses, training stipend, expense of training materials and other
				  necessary expenses of an instructor, student or other participant in a training
				  or education program. The training must be related to the duties or prospective
				  duties of the administrator or employee.
(b) "Training" as used in this rule means
				  instruction, teaching, or other education received by a state employee that is
				  not normally received by other state employees and that is designed to enhance
				  the ability of the employee to perform the employee's job. The term includes a
				  course of study at an institution of higher education or a private or
				  independent institution of higher education as defined by §
										61.003, Education
				  Code, if the agency spends money to assist the state employee to meet the
				  expense of the course of study or pays salary to the employee to undertake the
				  course of study as an assigned duty. The term does not include training
				  required either by state or federal law or that is determined necessary by the
				  agency and offered to all employees of the agency performing similar jobs.
(c) All administrators and active
				  employees are eligible to participate in job-related training or education
				  programs supported by the agency, including training inside or outside the
				  agency, seminars and conferences, college and university coursework and online
				  training.
(d) When an
				  administrator or employee seeks reimbursement for a training or education
				  program offered by an institution of higher education, the agency may only
				  reimburse the tuition expenses for a program course successfully completed by
				  an employee at an accredited institution of higher education. Reimbursement for
				  such program courses requires the approval of the executive administrator.
(e) After completing an education
				  or training program sponsored by the agency, an administrator or employee will
				  be required, if applicable, to:
(1) Discuss
				  information obtained and share materials with other agency employees, to the
				  extent that sharing does not violate copyright laws;
(2) Assume additional job duties for which
				  the training or education program prepared the employee; and/or
(3) Conduct training for other department
				  employees based on the information or skills taught at the training or
				  education program.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter B - EMPLOYMENT PRACTICES › Section 353.32 - Employee Leave Pools

Current through Reg. 49, No. 28; July 12, 2024
(a) A sick leave
				  pool program is established to help alleviate the hardship caused to an
				  employee and the employee's family if a catastrophic illness or injury forces
				  the employee to exhaust all accrued leave time and to lose compensation from
				  the state.
(b) A family leave pool
				  program is established to provide eligible employees more flexibility to: bond
				  with or care for a child in the child's first year after birth, adoption or
				  foster placement; care for a person 18 or older in guardianship placement; care
				  for a seriously ill family member or for the employee, including
				  pandemic-related illnesses or complications caused by a pandemic; and provide
				  essential care to a family member due to an extenuating circumstance created by
				  an ongoing pandemic. Employees must have exhausted all eligible compensatory,
				  discretionary, sick and vacation leave.
(c) The Human Resources Director or other
				  employee designated by the Executive Administrator will act as Sick Leave Pool
				  and Family Leave Pool Administrator.
(d) The Sick Leave Pool and Family Leave Pool
				  Administrator, with the advice and consent of the Executive Administrator, will
				  prescribe and implement policies and procedures for operation of the sick leave
				  pool and family leave pool programs and include the policies in the Employee
				  Handbook. The policies and procedures must be consistent with Texas Government
				  Code Chapter 661.
(e) Employee
				  donations to the sick leave pool and family leave pool are strictly voluntary
				  and must be made in writing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter C - HISTORICALLY UNDERUTILIZED BUSINESSES PROGRAM › Section 353.41 - Adoption of Comptroller Rules

Current through Reg. 49, No. 28; July 12, 2024
The board adopts the current administrative rules adopted
					 by the Texas Comptroller of Public Accounts regarding the Historically
					 Underutilized Business Program. The Comptroller's rules can be found at Title
					 34, Part 1, Chapter 20, Subchapter D, Division 1.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter D - RULEMAKING PUBLIC HEARINGS OF THE BOARD › Section 353.51 - General

Current through Reg. 49, No. 28; July 12, 2024
This subchapter governs the procedure and practice for
					 public hearings conducted by the board for the adoption and amendment of rules
					 which by statute or order of the board require notice and an opportunity for a
					 public hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter D - RULEMAKING PUBLIC HEARINGS OF THE BOARD › Section 353.52 - Policy

Current through Reg. 49, No. 28; July 12, 2024
The public hearing may be conducted in the manner the
					 board, or the board's representative designated pursuant to §
										353.9
					 of this title (relating to Delegation of Responsibility), deems most suitable
					 in order to obtain all the relevant information and testimony pertaining to the
					 proposed rule as conveniently, inexpensively, and expeditiously as possible
					 without prejudicing the rights of any person at the hearing.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter D - RULEMAKING PUBLIC HEARINGS OF THE BOARD › Section 353.53 - Mailing List of Persons Requesting Notice of Rulemaking by the Board

Current through Reg. 49, No. 28; July 12, 2024
The general counsel shall maintain a special file of all
					 requests received from all persons for advance notice of proposed board rules.
					 At the time the general counsel sends notice of proposed rule changes to the
					 secretary of state, the general counsel shall also send notice of proposed rule
					 changes by regular mail to each person of record in the file; however, failure
					 to provide the notice does not invalidate any action taken or any rule adopted.
					 At the end of each state fiscal year, the general counsel will notify all
					 persons included on the list of the requirement to affirmatively express a
					 desire to continue receiving the notices described herein, and shall eliminate
					 those persons on the list who do not respond within a month of
					 notification.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter D - RULEMAKING PUBLIC HEARINGS OF THE BOARD › Section 353.54 - Appearance

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person who may be affected or is
				  interested in the proposed rule may appear at the public hearing.
(b) A person may appear in person or by his
				  authorized representative.
(c) A
				  person appearing in a representative capacity shall disclose his authority to
				  speak for the person represented.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter D - RULEMAKING PUBLIC HEARINGS OF THE BOARD › Section 353.55 - Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
A person desiring to file briefs, affidavits, written
					 statements, protests, comments, exhibits, technical reports, and any other
					 document relating to the proposed rule shall submit the document no later than
					 the deadline for receipt of public comment specified in the Texas Register rule
					 publication, provided that the board may grant additional time for submission
					 of additional documents.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter D - RULEMAKING PUBLIC HEARINGS OF THE BOARD › Section 353.56 - Oral Presentations

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
				  desiring to make an oral presentation shall advise the board or board's
				  representative of his or her desire to be heard.
(b) The board or board's representative may
				  administer oaths to each person who testifies.
(c) The board or board's representative will
				  recognize and establish the order for presentation of comments, evidence and
				  argument concerning the proposed rule.
(d) When necessary and in context of the
				  nature of the proceeding, in order to prevent undue hearing length, the board
				  may limit:
(1) the number of times a person
				  may testify;
(2) the time period
				  for oral presentation; and
(3) the
				  time period for raising questions.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter D - RULEMAKING PUBLIC HEARINGS OF THE BOARD › Section 353.57 - Action after Hearing Concluded

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  After the close of the hearing and the receipt of all oral presentation and
				  documents, the board's representative, if the hearing has been before a
				  representative, shall prepare a report. The report shall include:
(1) a summary of the subject of the
				  hearing;
(2) a review and analysis
				  of the comments submitted;
(3) a
				  copy of the proposed rule, if applicable, including any revisions recommended
				  as the result of evidence presented; and
(4) other pertinent information.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter D - RULEMAKING PUBLIC HEARINGS OF THE BOARD › Section 353.58 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  interested person may petition the board requesting the adoption of a rule.
				  Petitions shall be submitted in writing by delivering the petition to the
				  executive administrator. The petition shall comply with the following
				  requirements.
(1) A separate petition shall
				  be submitted for each rule chapter for which adoption is sought.
(2) Each petition must state the name and
				  address of the petitioner.
(3) Each
				  petition shall include:
(A) a brief
				  explanation of the proposed rule;
(B) the text of the proposed rule prepared in
				  a manner to indicate the words to be added or deleted from the current text, if
				  any;
(C) justification for adoption
				  of the proposed rule;
(D) a
				  statement of the statutory or other authority under which the rule is to be
				  promulgated; and
(E) an allegation
				  of injury or inequity which could result from the failure to adopt the proposed
				  rule.
(4) A petition may
				  be denied for failure to comply with the requirements of this rule.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter D - RULEMAKING PUBLIC HEARINGS OF THE BOARD › Section 353.60 - Advisory Conference on Rules

Current through Reg. 49, No. 28; July 12, 2024
Prior to the initiation of any formal action, and while the
					 board may be contemplating the need for a new or amended rule, the board or
					 executive administrator may convene informal conferences and consultations to
					 obtain viewpoints and advice of interested persons. The board may also appoint
					 committees of experts or interested persons or representatives of the general
					 public to advise it regarding any contemplated rulemaking. The powers of such
					 committees are advisory only. The board or executive administrator may utilize
					 the procedures of negotiated rulemaking as set forth in the Negotiated
					 Rulemaking Act, Government Code, Chapter 2008.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter E - VEHICLE FLEET SERVICES › Section 353.71 - Vehicle Fleet Pool

Current through Reg. 49, No. 28; July 12, 2024
(a) Each board
				  vehicle will be assigned to the board's motor pool and be available for
				  checkout.
(b) Vehicles that are
				  used by field staff stationed in locations other than Austin, Texas will be
				  assigned to the motor pool for that field office.
(c) The executive administrator may assign a
				  vehicle to an individual administrative or executive employee on a regular or
				  everyday basis only if the executive administrator makes a written documented
				  finding that the assignment is critical to the needs and mission of the
				  agency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.80 - Purpose of Rules

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish procedures
					 for the acceptance of gifts, including private donations made to the board and
					 to create standards of conduct to govern the relationship between the board and
					 the donors and between the board and private organizations designed to further
					 the purposes and duties of the board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.81 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
The Texas Water Development Board is statutorily authorized
					 to accept gifts pursuant to the Texas Water Code, §
										6.192. It shall
					 be the policy of the board to accept only those gifts that advance the mission
					 of the agency.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 10 - TEXAS WATER DEVELOPMENT BOARD › Chapter 353 - INTRODUCTORY PROVISIONS › Subchapter F - RELATIONSHIP BETWEEN THE BOARD AND DONORS › Section 353.82 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Donation--Money and
				  other assistance from any source other than from governmental entities and
				  political subdivisions for the purpose of furthering the powers and duties of
				  the board.
(2) Donation
				  agreement--The donative instrument executed by the executive administrator and
				  the donor which identifies the donation and outlines any special conditions of
				  the donation.
(3) Donor--One or
				  more individuals or organizations other than a governmental entity or political
				  subdivision that offer or give a donation to the board.
(4) Executive administrator--The executive
				  administrator of the board or his designee.
(5) Gifts--Donations of money or property
				  from any source.
(6) Support
				  organization--A legally incorporated or otherwise associated nonprofit
				  organization which is organized or designed to support or further the purposes,
				  duties and programs of mutual interest to the organization and the
				  board.